Union Legal Network

Personal relationships sometimes run into conflict or end where conflict is a factor. Whether it is a marriage, a close relationship or a business association that breaks down, people need to find an early conflict resolution mechanism that doesn't make matters worse and involve the parties in the stressful process of litigation with its associated emotional, personal and legal costs.

“Conflict resolution services are available from a wide variety of sources and are a cost effective and less stressful solution than litigation.”

Business Association Breakdown Business associations are very personal and often operate on a basis of trust. Economic factors when a business suffers a downturn and outside forces such as impatient consumers and tardy suppliers can induce strain on the business and conflict between business partners. Relations with employees can also be strained through miscommunication or a failure to observe the practices of a workplace.

Early recognition of stress factors and their effects is a significant factor in avoiding deterioration and breakdown of business relationships. Directors who work together, managers who supervise employees, suppliers and consumers, are all vulnerable to conflict at one point or another and need to have practices in place to deal with conflict before it escalates. Regrettably, many relatively minor incidents end up in Court, escalating the conflict out of all proportion . Consider an aggrieved employee with a genuine but minor complaint. Left unacknowledged the employee may approach an Employee Tribunal to seek redress for something that could be resolved by a discussion and change of practice in the workplace. A falling out between partners will impact negatively on the business by distracting the partners from doing what they do best - managing it and making money. A problem that is capable of remedy left unattended may lead to company proceedings which will involve the business in unnecessary legal costs. If matters do go to Court the intrusive nature of litigation can destroy relationships beyond repair. It is difficult to move on after an intense and grueling Court process that may involve cross examination and scrutiny of private matters in a public forum. Litigation should be a last resort, not a knee jerk reaction, when business relationships break down.

Personal Relationship Breakdown Two in three first marriages end in divorce in the United States of America. Subsequent marriages have a higher incidence of breakdown. However, the figures don't reflect separation of de-facto relationships or same sexcouples. All of these breakups have the potential for conflict affecting not just the partners but children and close relatives.

Litigation between separating couples is common and characterised by bitterness and acrimony. Of the 5% of couples who litigate over relationship breakdown many remain in the court process for at least two years. The legal costs involved in any litigation are also high and come out of what might otherwise be available to divide between the parties. The effect of litigation upon the parties and their children is considerable. Family Courts have strict rules against making children aware of Court proceedings between parents and prohibitions upon bringing children to Court. Nevertheless, the strain upon the parents of litigation does filter through to the children who may react negatively to the conflict. Avoiding the extra strain on children when they are coping with their parents having separated must be a desirable course to take.

Disputes with Neighbours It is not only marriages and business associations that break down, neighbour disputes over overhanging trees, tree roots, escaping water, noise from pets and household activity are everyday occurrences. Much legal caselaw was made after hearings of inter-neighbour disputes. The potential for acrimony with the parties being in close proximity day by day and not being able to remove themselves is huge.

It's what we do when conflict first arises that can determine how far the dispute goes and the terms upon which it is settled. Early Conflict Resolution - Use a Mediator When conflict occurs it is important to defuse it quickly. An important first step is to recognise the problem and acknowledge it to the other party, or parties, involved. Failure to do so can leave a situation to fester. Avoid making the situation worse by keeping the lines of communication open. You lose nothing by listening to the other side's point of view. The next step is to work with the other party towards a solution. That may be facilitated by employing a mediator. A mediator's job is to facilitate the parties reaching a solution themselves, not to impose one upon them. A good mediator is a good listener and lateral thinker. Something that may not occur to you may be an obvious course to an impartial third party. Disputes with neighbours can be taken to local Community Justice Centres where trained staff provide a neutral, supportive environment in which to discuss the issues and ways to overcome problems. In a business context, a trained mediator will probably cost less than the business will lose because the partners are distracted. Associations of Arbitrators and Mediators are in most capital cities and have members who are experienced, well trained, commercial mediators. Personal relationship breakdown, particularly where children are involved is very difficult. However, early recognition and intervention can prevent a cold war on the home front. Counselling services through Community and Religious Organisations are a readily accessible option.

“A more peaceful future can be achieved through patience by teaching youth to deal with conflict in nonviolent ways.“

Integrating a Nonviolence Paradigm into the School System North American youth violence has not increased over the last century, despite media claims, but violence in Toronto has. On June 15, 2000 the Canada Supreme Court dealt with the homicide problem by banning guns. By December 2005, there were 78 homicides reported in Toronto for that year, including 52 committed with a gun (Lindsey, 2005). The problem of youth violence, however, is not the weapon, but the person who uses it.

The Real Issue of Youth Violence and Crime in Toronto Conflict is a normal and natural occurrence, but many youth lack the knowledge to deal with it properly. Rebecca Dube (2006) recognized that Toronto homicides doubled in the past year and saw gang violence as a threat to society. The author notes that police identified 73 gangs operating in Toronto. Dube blames gangs for tragic newspaper headlines like “4 year old wounded in a Drive by Shooting”. Youth may only be responsible for 21% of all crime, but youth turn into adults (Bell, 2007). Thus, society needs to focus on the root of the problem, which is how children are being taught conflict management. Perhaps, using the nonviolence paradigm and other peace and conflict strategies as a basic principle in the school curriculum would create a more hopeful future that promotes positive peace.

The Nonviolence Paradigm and its Powerful Methods Based on peace and conflict studies, Fisk and Schellenberg (2000) discuss positive peace as the absence of structural violence, which is the term used for indirect violence cause by social systems. The nonviolence paradigm suggests starting at the root of the problem in preventing violent action, and the root of society is children. The best way to live a nonviolent life, of course, is to learn how. The nonviolence paradigm promotes nonviolence as a power, and suggests that people have been conditioned to relate power and violence. This is apparent in the images one may see when thinking of power such as: a gun, money, or a hammer. Thus, people could be conditioned to develop a more peaceful vision of power. Some nonviolent methods include: protesting, non cooperation, and intervention. In Alabama, 1995, a young black woman named Rosa Parks refused to give up her seat on a bus for a white person. This was a small step in the success of equal rights for African Americans. Though the process may have been long, many other struggles like: women’s suffrage, labour movements, and civil rights were accomplished through nonviolent action.

There are several types of trusts that people can create and the purpose of the trust usually dictates the type of trust established. Each U.S. state has its own laws that relate to trusts and anyone thinking of creating one should familiarize themselves with state specific laws and hire a trust attorney. Trusts are legal entities and can own real property as well as cash assets. Generally, people establish trust accounts for tax reasons or to protect assets from lawsuits.

Choose a Type of Trust Decide what kind of trust you wish to establish. You can set up a trust under your own name, create a joint trust, family trust or a trust held in the name of another entity or organization. Additionally you must decide whether you want a revocable or an irrevocable trust. If you establish a revocable trust you can discontinue the trust or make amendments to it at any time. An irrevocable trust involves a trustee who administers the account and the person who created the trust cannot remove the trustee or make changes without the trustee's consent. Decide if you want a living trust that takes effect now or a testamentary trust that comes into effect when you die.

Transfer Assets Choose the assets that you wish to place into the trust. If you intend to transfer real property into a trust, you should consult a real estate attorney to determine the process for real estate ownership transfers in your state. If you intend to place cash or investment assets in a trust, make sure you keep sufficient assets on hand to cover your own personal expenses that are not covered by the stated purpose of the trust.

Select a Trustee Select a trustee and a successor trustee. Many people appoint themselves to act as trustee but you can choose another individual to handle the trust if you prefer. A successor trustee serves no function until the trustee dies or becomes incapable of handling the trust. Inform the individuals that you wish to appoint as trustees and gain their consent. Decide who the trust beneficiaries will be and how to divide the assets.

Hire an Attorney Provide a trust attorney licensed to practice in your state with the financial information about the assets that you intend to place in the trust. Ask the attorney to write a trust document that complies with state regulations in terms of explaining the function of the trust, naming trustees and listing assets. Sign the trust document along with the named trustee and successor trustee. Most states require trust documents to have two witnesses and the signature of a notary.

Distribute Copies of the Trust Give a copy of the trust to your bank, credit union or financial adviser. Ask financial institution representatives to change the titling of effected accounts to reflect the creation of the trust. If necessary, open new accounts under the name of the trust. File a change of ownership with your county to transfer any real estate to the trust.

Assault and battery are considered a personal injury in specific situations under the tort law. When there is a clear intent of the defendant to communicate a fear of battery to the plaintiff, or intent to touch the defendant in a wrongful way, there may be a case of assault and battery, and a personal injury lawyers should be approached. Unlike the criminal law, assault and battery are considered separate offenses under the tort law.

“Personal injury attorneys can help when there is a case for personal injury through assault or battery under the tort law.”

When to approach a Personal Injury Attorney for Assault?

The following 3 conditions must be fulfilled to make a case for assault under personal injury law:

The defendant must have communicated an intentional threat to cause physical injury to the plaintiff by force.

The circumstances should be such that they warrant a reasonable fear of danger in the mind of the plaintiff.

There must an existence of the apparent ability to execute the threat in absence of any preventive action.

When to approach an Injury Lawyer for Battery?

A battery involves an intentional physical contact with the plaintiff against his or her will, or with the help of a physical object set in motion by the defendant. An offensive contact can amount to a battery even if does not result in physical injury, or could not have caused physical injury. Merely holding a person by his hand or shoulder, poking a finger in the body, or even an act of spitting can constitute battery even when the act had no potential to cause bodily harm.

Personal Injury Lawsuit may not apply in case of Consent

All good injury lawyers will advise their clients about circumstances when a personal injury lawsuit may not be possible against a person. In a game of physically aggressive sports such as soccer, basketball or boxing, if a player intentionally violates the rules of the game, resulting in a serious injury to the victim, it may not be possible to bring a personal injury lawsuit against that player.

Similarly, it is difficult to sue a doctor or surgeon in a standard medical procedure, unless there is a specific case of medical negligence and malpractice. These are situations when there is an unstated or stated consent between the two persons, resulting in a privilege of the defendant to cause assault or battery.

Other Common Privileges against Personal Injury

A policeman is usually authorized to use the threat of force, or carry out the threat in real, if the situation lawfully warrants him to do so. A common man may also be privileged to use assault or battery in a situation where it is necessary to do so in self-defense. However, the act of assault or battery in case of self-defense must not be disproportionate to the scale of threat of bodily harm from the defendant.

Acting in defense of other people, combat by mutual consent, defending physical property and reasonable physical disciplining in certain situations may give defendants the privilege against a case of personal injury. A mere use of provocative language, however excessive, does not create a justification of assault or battery against the provocateur.

Find Lawyer for Personal Injury

This article is about powers of attorney, which are written legal documents that allow one person, known as a "principal," to delegate power to another person, known as an "agent." A principal uses a power of attorney to authorize an agent to make decisions or act on the principal's behalf.

“Powers of attorney give one person, known as an "agent," power to make decisions for another person, known as a "principal." POAs must be written, signed.”

What do you need a durable power of attorney for? Suppose you own a small business and decide to take a vacation for the first time in five years. You plan to explore rugged territory beyond modern communications for two months, perhaps rafting on the Amazon River or mountaineering on Kilimanjaro. How will your business operate? Suppose instead of travel, injuries from a car accident or illness caused by disease prevents you from making decisions about the operation your business? What if the decisions needing to be made involve medical, instead of business, questions? Your mind or body may be deteriorated, sick or injured. You may be incapacitated and unable to decide. How will decisions in your best interests be made? One popular way to exercise control over your affairs even during times you are unable or unwilling to make decisions for yourself is by signing a written power of attorney. This should be done when you are of good health and sound mind, before circumstances prevent it. A power of attorney spells out in writing the circumstances under which it takes affect. A power of attorney expresses the range of decisions an agent is authorized to make. A "durable power of attorney" is one which continues in force even after the principal is incapacitated and unable to make decisions

Power of Attorney Creates Agency The legal relationship created by a power of attorney is known as "agency." Agency involves two parties, a principal and an agent. A power of attorney can create a "universal agency," which allows an agent to make a wide variety of decisions. It can also create a "special agency," which limits an agent’s range of decision-making. A "general agency" grants the agent general authority to decide a limited scope of issues for a limited period of time. Doctors, lawyers and real estate brokers often exercise general agency powers.

Agents Owe Duties Depending on the circumstances, agents may owe their principal a “fiduciary duty” to act only according to the principal's best interests. A fiduciary duty is the highest duty. It is the duty to make full disclosure of all relevant information. Business partners, lawyers, and accountants owe fiduciary duties. Other agents may owe no duty except to act as specifically directed and to avoid any personal interest in financial matters involving the principal. For example, an agent must avoid joint investments or joint bank accounts with the principal. An agent must act only within the scope of his or her agency. That is because an agent with a limited amount of power - say, one only authorized to retrieve items from a safe deposit box, for example - might inadvertently, perhaps intentionally, take action in the principal's name that injures the principal or someone else. This is so because an agent acting under a special power of attorney may have implied or apparent authority upon which third parties are entitled to rely. For example, the "special safe deposit box agent" referred to above may have “implied authority” to consent to a change in the size or number of the deposit box. This may be implied from his duties vis a vis the box. On the other hand, from the perspective of a bank teller, the special safe deposit box agent may look more like a general agent. To the teller, the special safe deposit box agent may appear to have authority to do much more than merely empty out the box. For example, he or she may have “apparent authority,” i.e., appear to have authority, to lawfully sign documents transferring ownership of any property in the safe deposit box.

Written Power of Attorney Limits Exposure A power of attorney is a written document that notifies the agent and others what decisions the agent is authorized to make. Powers of attorney are most frequently used in two areas: Health care and financial affairs. A written power of attorney accomplishes one of two objectives. It may broaden an agent’s authority to make decisions or it may limit that authority. Some powers of attorney attempt to specify every possible scenario under which an agent is authorized to act. Others allow an agent to make decisions without restriction. Many lawyers recommend the use of broad powers of attorney to ensure an agent has every freedom to make whatever decisions he or she believes are in the principal's best interests. For obvious reasons, selecting a trustworthy and reliable agent is critical. Durable powers of attorney normally state the circumstances that brings them into affect. Some principals prefer the power of attorney to take effect immediately, giving the agent authority to act immediately and simultaneously with the principal. Others may prefer to limit the power of attorney so it takes affect only when necessary, like when two physicians declare a principal to be too ill or incompetent to make sound decisions. A power of attorney may be revoked by the principal, thereby cutting off an agent's authority. A durable power of attorney allows an agent to make decisions even when the principal is not of sound mind.

Power of Attorney for Financial Affairs A power of attorney for financial affairs is primarily used to give an agent authority to make decisions about the principal’s money or property. A power of attorney for financial affairs would typically allow the agent to sell the principal's real estate, open and close his or her bank accounts, and undertake many other financial transactions in the principal's name.

Power of Attorney for Health Care A power of attorney for health care is primarily used to give an agent authority to make decisions about the principal’s medical care. A power of attorney for health care would typically allow the agent to decide whether a principal should undergo surgery, cut back on medication, increase morphine or receive hospice care.

Anti-discrimination legislation has an effect on social work practice itself and also affects service users who may be affected by discrimination at work or in provision of services. However, good practice has developed far beyond minimum legal requirements. The BASW and the GCSS Code of Practice both give advice on anti-discriminatory practice. The GCSS Code of Practice states that social care employers must put in place written policies and procedures on discrimination. Social Workers should also promote equal opportunities for their service users.

Legislation The UK has not got a single general ban against discrimination like some other countries do like Canada’s Bill of Rights. As such the law has developed in a piecemeal fashion. Relevant laws to anti-discrimination include:

Sex Discrimination Act 1975

Equal Pay Act 1970

Race Relations Act 1976

Disability Discrimination Act 1995

Disability Rights Commission Act 1999

Race Relations (Amendment) Act 2000

Special Educational Needs and Disability Act 2001

Employment Equality (Religion or Belief) Regulations 2003

Employment Equality (Sexual Orientation) Regulations 2003

Disability Discrimination Act 2005

Employment Equality (Age) Regulations 2006

Equality Act 2006

UK law is also subject to European law on anti-discrimination. The Universal Declaration of Human Rights 1948 Article 1 and 2 are both relevant. The Human Rights Act 1998 has made the anti-discrimination part of the Convention relevant to proceedings in UK law courts, such as the right to welfare benefits.

Further Minor Legislation Evidence of discrimination is still clear however for example black children are over-represented in the care system. The Macpherson report identified institutional racism as ‘the collective failure of an organization to provide an appropriate and professional service to people because of their color, culture or ethnic origin. An outcome of this report was the Race Relations Act 1976. There are also other laws which have minor legislation on anti-discrimination within them:

The Children’s Act 1989 s.22 (5) necessitates the child’s religion, race, culture and linguistic background to be taken into account when placing or looking after a child. Sch.2 Part 1, para.6 also states that local authorities must ‘provide services designed…to minimize the effect on disabled children and the opportunity to lead lives as normal as possible’.

The Criminal Justice Act 1991, s.95 states that those who administer criminal justice must be free of discrimination. It is the Home Secretary’s duty to publish information on this every year. Ethnic monitoring in police forces has been introduced.

The Crime and Disorder Act 1998, ss 29-32 orders a sentence to be increased if the offence was racially motivated.

The Public Order Act 1986 is against the stirring up of racial hatred by media. The Employment Rights Act 1966 makes a dismissal unfair if it is related to pregnancy, childbirth, paternal leave or maternity leave.

The Protection from Harassment Act 1997 has introduced a criminal offence of harassment that is racial or sexual.

The Adoption and Children Act 2002 s.1 (5) provides consideration of racial origins for the placement of a child. Non-married couples are able to adopt by this act also.

A car accident can happen with anyone at any time. It is a good idea to be aware of what steps to take in the immediate aftermath of a car accident in which you or someone accompanying you suffers a personal injury. The issue of evaluation of a sound case for personal injury claims comes much later. But at the scene of accident, you should follow these important tips in order to make a strong case for an accident claim.

“If you are hurt in a car accident, follow these tips even before you can contact a personal injury lawyer. It can help your case for a car accident claim.“

Do not Leave the Scene of Accident

If you have not been hurt seriously in the car accident, do not leave the accident site unless the police have arrived. If you are convinced that the accident occurred due to gross negligence of the other party, you should have no reason to worry. But even if you are not so sure, you do not need to admit fault unless you have contacted an injury lawyer. You may not be aware of certain facts which may absolve you of any blame, so there is no point in admitting to a fault on the accident spot.

Seek Help for the Injured

If someone has been hurt in the accident, seek assistance for that person, and try to provide first aid from your side as well. Ensure that the police and emergency medical personnel are contacted urgently. If you are not in a position to call yourself, ask for help from anyone passing by the scene. If your car is positioned precariously on the road, switch on the flashers promptly to avoid any further collision with another vehicle.

Collect Evidence and Information

Note down the license plate number of the other vehicle involved in the accident. Ask for the name, contact details, driving license number and car insurance details from the driver of the other vehicle. If there are any witnesses present at the site, note down their contact details as well. Take a stock of the general conditions of weather, lighting, road and any other conspicuous things on site. If your mobile phone has an in-built camera, take pictures of the accident scene. All this information will help your injury attorney later to make a strong case for a claim in your favor.

Find an Attorney Specializing in Car Accident Claims

On September 24, 2010, Flight PK 782 left Pearson International Airport in Toronto, bound for Pakistan. The Pakistan International Airlines direct flight from Toronto to Karachi had 255 passengers on board and a crew of 18. Of the passengers, 102 were Canadians and 139 were Pakistanis.

Early in the morning of September 25, 2010, the pilot announced that the plane was landing in Sweden because of a “technical problem.” The aircraft landed without incident at the Stockholm Arlanda International Airport at 7:30 am, local time.

SWAT teams met the plane and as the passengers deplaned, one man was taken into custody by Swedish authorities.

On the day that the plane took off, the RCMP received two telephone calls from an anonymous woman, informing them that a passenger on the flight had explosives. The first called told the police which flight the supposed explosives were on; the second provided more specific information from which the RCMP were able to identify the suspected terrorist.

No explosive or illegal materials were found on the man taken into custody. And a search of the Boeing 777, that included the use of bomb sniffing dogs failed to turn up any trace of explosives or other weapons.

All passengers, other than the man detained, were allowed to leave and were flown to Manchester England where they would board another flight to Pakistan.

The man who was held was described as holding a Canadian passport and in his 20s or 30s. Although not confirmed, it is believed he was originally from Pakistan. After a few hours, the Swedish authorities released him from custody. With no evidence of any explosives on board, the RCMP began an investigation into the possibility of a terrorist hoax having been committed.

Canada’s Anti Terrorism Laws

Prior to September 11, 2001, Canada had virtually no laws dealing with terrorism. After the attacks on the World Trade Center and the Pentagon, Bill C-36 was introduced by the then Liberal government and was fast tracked through the House of Commons and the Liberal dominated Senate.

On December 18, 2001, the Anti-Terrorism Act received royal assent and became incorporated in Canada’s criminal laws as Part II.1 of the Criminal Code of Canada.

Several new offences were created including terrorist financing as well as penalties for participating in, facilitating, instructing and harbouring terrorist groups or members of such groups. Over the years, additions and changes were made to laws dealing with terrorism.

The Offence of Terrorist Hoaxes

Section 140 of the Criminal Code makes the offence of public mischief punishable by up to five years in prison. Public mischief is the giving of false information to the police to cause them to enter into or continue an investigation. It includes telling police an offence has been committed when it hasn’t or intentionally misleading police about a certain person having committed the offence when he or she did not. This section also includes situations where people make it known that they or another person has died when they are alive.

In December 2004, the federal government introduced a further amendment to the Criminal Code to provide for the specific offence of perpetrating a terrorist hoax. Section 82.231 makes it an offence to convey or cause to be conveyed, information, knowing that it is false, that is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur. The offence can also be committed by doing an act rather than conveying or causing information to be conveyed.

Why it's a Duty That Must be Done?

In common law countries such as Australia, the United Kingdom, Canada and the USA, adults are required, if called, to participate in the administration of justice by serving on juries. This can be a regular duty and in Australia some people serve more than once during their adult life.

“Jury duty can be an imposition, taking people away from other concerns such as work and family for long periods, but it's a duty that needs to be done.”

My father, who hated serving, was called many times. My mother never was, perhaps because she had a number of children.

My spouse has been called three times, excused twice. On the third occasion he was empanelled, taken into court and put into the jury box but the Judge did not come onto the Bench. He and the other jurors waited.

Eventually and after an anxious 40 minutes in the jury box while the spouse was intimidated by the heavy Victorian wood panelling, the wigged Judge, done up in his red gown trimmed with ermine, came onto the Bench.

He informed the jury, with a grin of amusement, that the accused, who been allowed to use the toilet facilities, had absconded through the bathroom window. The jury were thanked for their attendance and informed that obviously the trial would not proceed that day. They were free to go, unlike the prisoner, who was at that moment being pursued by Police and probably the Sheriff, through Sydney's Hyde Park.

I've never had any fun at court like that. Other fun but never as a juror.

A Lawyer's Fascination With the Working of Juries

Juries fascinate me because they can determine the outcome of a trial, whether someone has to pay a lot in damages or if someone is going to do time at Her Majesty's pleasure so I want to know how they work from the inside. Being a lawyer I am not eligible to serve. I was called once before I was admitted but the trial didn't go ahead and I was excused.

I was never called again so I've never been able to find out how a jury goes about its task except by talking to people who have served. It seems to be a process people take very seriously once they're in the room. Another notable thing about juries is how often they seem to get it right. Common sense and responsibility are still, it seems, at work.

Serving on a jury can be considered an onerous duty because trials are on working days and jurors have to take time off from work and accept a low rate of payment by the State for the time spent at court. When a trial is scheduled to take three or four weeks or worse, months (sometimes longer) livelihoods can be lost because businesses are left unattended or employers become impatient.

Perhaps that's why when a jury is to be empanelled 300 people or so are called in to be considered for selection. Of that number 12 will be selected in each case.

What a Jury Decides; What the Bench Decides

In any trial where a jury sits the jury decides the issues of fact only; the Bench in whatever guise, decides issues of law. This clear distinction leaves to the Bench decisions as to whether or not, on the law there is a case, or facts, for the jury to even consider. In criminal trials this can mean a case is dismissed before the jury have to consider anything and the accused walks free.

Juries are now rare in civil cases. Fraud and defamation trials are two of the few remaining instances where a party in a civil case can opt to trial by jury. In defamation it's an interesting exercise, four people sitting and hearing argument as to whether words, pictures or both be it libel (written) or slander (oral) have defamed the plaintiff. Perhaps they sit there and think "how would I feel if that were said or written about me?"

So you want free legal advice, well, there are many places that you can start. The best place for you to start your search would probably be your local bar associations. Depending on where you live and what kind of advice you are looking for, legal professionals may take on your case pro bono from what is called pro bono panels. Contact your local Bar Association.

Free Legal Advice - American Bar Association

Then, their is always the American Bar Association. They are great in helping people find legal help. They even have a site dedicated to it. When you get a chance, it would be great to look at the ABA Standing Committee on Pro Bono and Public Service as it is a national source of information, resources and offers help to support and facilitate the delivery of pro bono legal help.

The Standing Committee and its project, the Center for Pro Bono, encourage lawyers to do work on a pro bono basis and assists them to connect with opportunities that meet their needs. The Committee's programs, projects and services assist pro bono programs, advocates and policymakers address the legal needs of the poor or less fortunate.

Legal Clinics

Another great source for assistance with your legal matter may be a local legal clinic. At these clinics, lawyers offer their services to those who cannot afford a lawyer. They may charge you a nominal fee for their service, but the consultation is usually free.

Legal clinics may be found through a quick Google search. Find one near you that has attorneys who can assist you with your specific legal needs. For example, let's say you have an employment matter on which you need advice - you want to speak with an employment law attorney. If you need advice on a criminal matter, like a DUI, than you should probably get in touch with a criminal defense attorney.

There are also several other avenues of how you can obtain free legal service. Sometimes, matters may be handled in pro per, in which a party represents themselves. You might be able to research and handle the matter yourself. Although, its probably not the best thing to do as legal matters probably get very messy. For those of you who cannot afford a lawyer for your legal problems, I hope this article at least steers you in the right direction.

Compulsory voting is a controversial subject. Its proponents suggest that it enhances democracy, whilst its opponents believe that it interferes with individual freedom. Many countries, such as Australia have compulsory voting, whilst others such as the United States of America do not.

“Compulsory voting has many adherents and opponents.”

Advantages of Compulsory Voting.

Compulsory voting has many advantages, it ensures voter turnout, encourages policy debate and encourages disadvantaged people to vote.

Supporters of compulsory voting claim that it ensures participation of the majority of the population in politics. This in turn leads to a more representative democracy. Comparing the figures of the Australian election of 2010 with the voting figures of the US 2008 Presidential election, shows how compulsory voting ensures participation.

In the Australian 2010 Federal election, over 93% of all eligible voters in most states lodged a vote. The only exception was the Northern Territory which has many remote communities. This figure compared favourably with the turnout for the US Presidential election two years before, which had a voting figure of 61.6%. This was a high figure for a US election.

Advocates of compulsory voting suggest that with high voter turnout ensured, candidates can spend more time and energy on policy discussion. In the United States, money and time is spent on encouraging people to vote, this causes a decline in the quality of policy debate.

Compulsory Voting Enhances Participation of the Disadvantaged

It is an accepted paradigm that voluntary voting favours conservative elements of society. The argument is that poorer and working class people are more apathetic towards politics than wealthier members of society.

In the United States this argument has merit, as voting takes place on Tuesday, a workday, and many working people cannot or will not take time off work to vote. Compare this to the Australian situation where voting takes place on Saturday because all of the adult population are required to vote.

Disadvantages of Compulsory Voting

There are many disadvantages of compulsory voting, including the ethics of forcing apathetic people to vote, and the encouragement of populist politics by compulsory voting.

One major argument against compulsory voting is that it encourages populism. This argument states that compulsory voting leads to people having a seasonal interest in politics around election time. Their decision at the polling booth is therefore informed by electoral advertising, politicking and pork barreling, rather than a long considered interest in politics and national affairs.

Compulsory Voting is not Democratic

Another argument against compulsory voting is that it interferes with the individual's democratic right not to vote. In Australia, voters overcome this by voting informally (not filling in the ballot paper) at the polling booth. All that is required in Australia is for the voter to have their name marked off a list.

The Magnuson-Moss Warranty Act is a federal law enacted by Congress in 1975. The law protects consumers by regulating all products sold with a manufacturer’s warranty and costing at least $25. A warranty is a written document that guarantees a minimal product level of performance. If the product fails to meet the expectations outlined, buyers can use the warranty to exchange or return the item to the manufacturer.

Federal regulations require that all new cars come with a warranty and the Magnuson-Moss Act quickly became known as the “Lemon Law.” For many Americans, buying a car is one of the biggest financial purchases they will make and several states followed the Magnuson-Moss Act by passing their own lemon laws, further protecting consumers.

When a car has excessive or unexpected problems that are not due to any fault of the driver, it may be dubbed a lemon, meaning it is defective. Manufacturers are required to “buyback” lemon cars, freeing consumers from the debt.

The Department of Motor Vehicles (DMV) is responsible for maintaining car records and is often a first resource when a buyer feels they have purchased a lemon. Most state DMV websites provide information on how the lemon law relates to vehicle purchases and some even have a list of questions that can help clarify when a car is considered a lemon.

In some states, filing a complaint with the DMV is the first step to declaring a car a “lemon.”

It is important to know that the Magnuson-Moss Act does not usually apply to used vehicle purchases because warranties are not required. Therefore, consumers should be informed of local state laws when purchasing a used car and research the vehicle beforehand by obtaining a vehicle history report from the DMV.

To create a vehicle history report, the DMV compiles and makes public important information about each car using the Vehicle Identification Number (VIN).

The government of New Zealand introduced a bill to speed up the criminal justice system and save millions of dollars in wasted court time.

On Nov. 15, 2010, New Zealand Justice Minister Simon Power introduced a bill to speed up the country’s criminal justice system. Known as the Criminal Procedure (Reform and Modernization) Bill, Power said the 526-page proposed legislation constitute the biggest change to New Zealand’s criminal justice system in the past 50 years.

The purpose of the proposed legislation is to both speed up the system as well as lower costs. Power said, “The system is clogged and needs to be fixed. It is unacceptable that there are at least 43,000 unnecessary court appearances each year, and that it takes an average of 16 months to complete a jury trial in the High Court and 12 months in the District Court.”

Proposals to Speed Up the Criminal Justice System

One of the bill’s proposals is to require, not the prosecutor but the defense to disclose those issues that are in dispute. It is estimated that by requiring the defendant to help narrow the issues, a substantial amount of court time will be reduced. Out of court discussions between the parties will also be promoted in an attempt to shorten trial time and reduce the number of adjournments.

The proposed legislation will also allow a trial judge to proceed in the absence of the defendant if the court is not satisfied that the defendant has a reasonable excuse for not being present in court.

Persons who are facing criminal charges will be expected to comply with procedural matters. If the defendant is convicted of an offence or offences, the bill provides that the court can take compliance with procedure into account as either a mitigating or aggravating factor on sentence.

The bill provides for new procedures when the constituted jury falls below 10 members. And for those who intend to plead guilty, steps will be taken to try and have these pleas entered as soon as it is practical to do so.

A final major change will eliminate the opportunity for some criminal defendants to have a jury trial at all. Currently a jury trial is available for all defendants who are liable to imprisonment for at least three months upon conviction. The proposed legislation allows only those who face at least three years in jail if convicted to have a trial by jury.

What the Bill Hopes to Achieve

Overall if the bill is passed as drafted, it is expected that approximately 43,000 court appearances will be eliminated. Requiring defense counsel to disclose contentious issues is expected to save about 450 court days. This represents approximately 10% of the total number of days that is expected under the new system.

By eliminating jury trials for those offences whose maximum penalty is between three months and three years, it is estimated that the number of jury trials will be cut by 300 to 600 a year. This makes up between 25 and 40% of juries’ workload.

It is estimated that the time it takes to have a jury trial; the time between the laying of the charge and the final disposition, will be reduced by 13 weeks.

Implementation of the bill is expected to save the government $NZD 24.3 million over a five year period.

It is a myth to believe that personal injury claims cannot be negotiated with an insurance company successfully without hiring an attorney’s services. If you follow these five basic tips, you can achieve an equally fair and just settlement of your personal injury claim with your insurance company without the help of an attorney.

You should remember that nine out of ten personal injury claims are settled mutually between the claimant and the insurer without the need to go for trial. Therefore, all it requires is negotiating skills, persistence and perseverance, and not a lawyer’s knowledge in most cases to achieve a well-deserved personal injury claim. Personal injury lawyers may charge one-third or even more of your settlement amount as fees. That is an exorbitant amount which you need not pay if you are a good negotiator yourself.

“You do not need an expensive personal injury lawyer to negotiate your claim with the insurance company effectively.”

1. Collect all Facts Related to the Personal Injury

At the time of suffering a personal injury and later, you are in the best position to recall the actual facts of the case. You need to be reasonably sure that the personal injury occurred due to the gross negligence of the other party which would have been easily avoided if the other party had shown regard for basic rules of caution and safety that are expected normally of any individual.

All possible evidence pertaining to the case such as site photographs, police record copies, medical records and bills, statements and comments of eyewitnesses and their contact details should be collected at your end. This is a simple exercise which just requires a meticulous collection of all facts of the case.

2. Evaluate the Prevailing Insurance Settlements in Similar Cases

The Internet can provide you a wealth of information regarding recent compensation awards or insurance settlements in personal injury cases that are very similar to yours. This gives you some benchmark figures regarding what should be a fair and just settlement in your case.

However, if you feel that your case is special and deserves a larger settlement than the average settlements, you may decide your claimed amount accordingly. In any case, your goal must be to maintain fairness in your claims so that you can achieve an early and deserving settlement.

An unfair claim will usually never be accepted by the insurance company and it will only lead to more delays, and compel you to hire an attorney to pursue your matter further.

3. Negotiate in Writing with the Insurance Adjuster

If you are not comfortable with face to face or telephonic negotiations with the insurer, you have every right to pursue your negotiations in writing. This helps to maintain the records and eliminates the scope for unnecessary engagement or digressing from the core issue of settlement. It also cuts down the scope of emotional duress and careless speech during the negotiations.

Do not issue threats of suing the insurance for bad faith, and do not make any reckless remarks against the integrity or motives of the insurance company. Any such threat may only result in the insurance adjuster hardening his position on the claim, and it may only leave you with the option of hiring an attorney to pursue your matter further.

4. Be Truthful at Every Step of the Negotiations

Remember the cardinal rule that you must stick with the truth and nothing but the truth in every word that you write or speak during your negotiations for a personal injury claim. Any exaggeration or lies are likely to be caught or result in contradictions at later stages, and they are bound to thwart even your genuine case for compensation.

Lies do not succeed with insurance companies or in a court of law. Any advice to the contrary should be rejected and your focus should be on a legitimate and fair settlement only. Once this ideology is clear in your mind, you will have a strong moral ground to withstand the challenges of any hard negotiations that the insurance adjuster may put forward.

When you believe you are being legitimate and honest in your claim, more often than not, you will have the last word in the negotiation. If you try to be greedy, usually you will end up getting lesser than even what you legitimately deserved.

5. Remember that the Insurance Company Wants to Settle

If you know your claim is genuine and the facts and evidence of the case are in your favor, you can be sure that the insurance adjuster is actually keen to settle with you. So do not lose sight of this fact throughout the negotiations, and do not lose patience.

Do not settle under pressure and be fearless against any kind of psychological tactics that the other side may use to convince you. The insurance companies always prefer if you negotiate your claim directly without the involvement of a personal injury attorney.

You have to remember it is neither in your favor, nor in the insurer’s favor to pay a hefty part of the settlement to the attorney. So if both parties can arrive at a mutually agreeable settlement, it saves them some burden. The insurer may pay lesser than what they would pay through an attorney, but it may still be more for the beneficiary because there is no attorney fee to be paid.

A paramilitary is a force or an organization whose function and being are similar to those of a professional military force, but at the same time is not afforded the same status.

Within every nation the word ‘paramilitary’ is in itself a very subjective term. Often the status of a nation’s paramilitary unit is dependent on the government of the relevant nation.

“Paramilitary policing and paramilitary police are groups of individuals organized in military fashion often to assist and operate alongside the government.”

In his well received book entitled; The Case Against Paramilitary Policing, Tony Jefferson defines paramilitary policing as: policing compromising of large numbers, military organization, protective clothing, equipment and more.

Why Do Paramilitary Groups Exist?

Paramilitary groups exist to serve a goal or an ideology of which they adhere to – even to the extent of using physical force.

In countries such as Colombia for example, left-wing paramilitary groups operate clandestinely as they work against the right-wing national government.

On the other hand, government-sponsored right-wing groups work in collaboration with the national government as they seek to prop up its power.

The Rise of Paramilitary Policing

As nation’s economies crumble, food prices soar, and crime, coupled with the threat of terrorism becomes ever more pertinent, a growing glamorization of paramilitary policing has arisen.

Despite a widespread advocating of community policing principles, most notably in the Western World, law enforcement that uses the equipment, training, rhetoric, as well as the tactics of warfare is on the rise within these same Western countries.

In a survey conducted in the mid-nineties, American sociologist Peter Kraska found that the number of paramilitary police missions in the U.S quadrupled between 1980 and 1995.

Likewise, according to Kraska, the United States harbours approximately 30,000 heavily armed military trained police units on the streets.

Extreme Policing

Representing the most explicit elements of right-wing criminology, including the infamous ‘Zero Tolerance Policing’, paramilitary policing allows for a better, more ruthless means of treating society’s ills.

The argument for this being that paramilitary police contain special response teams, in addition to tactical operation units. This allows for a more coordinated means of action.

Moreover, paramilitary police are equipped with the most high-tech arsenal and so are able to surprise and overwhelm the ‘enemy’, axiomatically demonstrated in the Assault on Entebbe in 1976.

Beslan and Jean-Charles De Menezes

The Entebbe operation is emblematic of the tough, maximum enforcement style of paramilitary policing, in addition to the confrontational and often provocative results associated with such a style of policing.

Although well-equipped with the finest gear, paramilitary police have historically, resorted to excessive use of violence and weaponry.

You are hit and injured in a motor vehicle accident and cannot pay your medical bills because you do not have health insurance. Making matters worse, because of your injury, you cannot work. What can you do? The answer is having the correct insurance coverage that will protect you in such a situation. Depending on the state in which you live, the coverage is known either as "Personal Injury Protection (PIP)", or "Medical Payments (MedPay)". “Many are at a loss as to how to get their medical bills paid when injured in a car accident, especially if they don't have health insurance. There is a way.” What are the differences between PIP and MedPay?

Both PIP and MedPay provide benefits that give you coverage no matter who was at fault in the accident.

Both types of coverage extend to passengers in your car.

Both extend to family members in your household injured in an automobile, on a bicycle, or as a pedestrian even if you are not present.

Both types of coverage pay funeral expenses.

Both pay your health insurance deductibles and/or co-pays.

The limits of the PIP or MedPay provision depend upon the amount of coverage you purchased.

PIP is a requirement in many states. Along with paying your medical bills up to the limits of your policy, it also allows you to collect a percentage of your lost wages (normally 80 percent up to 52 weeks). If you are a homemaker, it pays for replacement services.

MedPay only pays medical bills up to the limits of the policy. Unlike PIP, it will not reimburse you for lost wages, or pay for replacement services.

If I have PIP or MedPay, do I need a personal injury attorney?

When injured in a motor vehicle accident, you should consult with an experienced personal injury attorney. He or she will be able to assess your case and will do all the work required to set up both a personal injury claim with the defendant's insurance as well as set up your MedPay or PIP claim with your own insurance company. If you do not have this coverage, many times the defendant's PIP or MedPay insurance is accessible.

Your personal injury attorney will get all the medical documentation to the insurance company and free you from the burden of having to do it yourself. It is very important to know that most personal injury attorneys work on a contingency basis. That means you do not have to pay them anything unless they obtain a settlement for you.

Where can I get more information on PIP or MedPay coverage?

If PIP is required in your state, you may already have the coverage and not realize it. Call your insurance agent and ask if you have it. If you do, ask about the policy limits and see if you feel the monetary coverage is sufficient.

For general information regarding automobile insurance, the Insurance Information Institute (III) has a great deal of useful consumer information.

For some people, preparing a will can be emotionally difficult, but it's important to approach it realistically. There are many matters that need to be considered in advance, and several questions that you'll need to ask yourself. It's also helpful to have a good grasp of the legal aspects of making a will, and you may want to seriously consider getting some advice from a lawyer.

“Juggling legal and personal issues while preparing a will can be a tough challenge. These steps will help you get started.”

Step 1: Make a thorough list of any family, friends or acquaintances that you'd like to inherit from your will, and consider who you would like to serve as executor to your estate. Many people choose to have their attorney serve as executor, though it can be a trusted family member or friend. If you decide to go with a family member, you may want to ask the person first and make sure he or she is comfortable with the responsibility.

Step 2: If you have any children who are still minors, think about who you would like to take care of them.

Step 3: Take an inventory of everything you possess, regardless of value. Every item you own will need to be dealt with one way or another, so it all needs to be taken into consideration. Even if you're doing the will on your own without the advice of an attorney, you should include a net worth statement, life insurance policies and a list of all financial records.

Step 4: Determine what you want to do with specific items, such as automobiles, furniture or any collections you own. Go over your list of inheritors, and choose how to distribute everything among them. Think about who they are and what they mean to you. Consider what their personal needs are and who would appreciate which items most. For some people this can be the hardest part of preparing a will.

Step 5: Gather up documentation relevant to your heirs. The documentation should include full names, addresses and other identifying information. For immediate family, such as your spouse or children, it's a good idea to have their Social Security numbers. Get together paperwork that may be necessary to help value any specific items, such as real estate appraisals, artwork or any other items of value.