Consumer Laws for Used Vehicles in Quebec

Buying a used car in Quebec is a decision that can have an impact on your personal finances. Consumer laws for used vehicles in Quebec are passed to assure consumers that the used vehicles they acquire are free from any kind of issues and trouble. All these laws are intended to protect the buyers from any potential loss due to negligence.

Used Vehicle Information Package

  • In order to sell a used vehicle in Quebec, sellers are required to buy a Used Vehicle Information Package from the Ministry of Transportation. This information package gives consumers the necessary details of the used vehicle such as its registration history and any lien filed against it, with the purpose of protecting the buyer. The seller should also provide the details of the bill of sale as well as taxes incurred on that sale. Any transaction is not complete unless the seller shows the package to the potential buyers.

Safety Inspection

  • An official safety inspection must be conducted prior to the vehicle’s purchase or registration. An authorized mechanic usually does the safety inspection to check if the brakes, steering, gas lines, turn signals, horns and lights are in good condition. If the vehicle passes the safety inspection, the seller will receive a Safety Standards Certificate which is valid for only 36 days. The Safety Standards Certificate is then used by the prospective buyer to register the vehicle.

Clean Emission

  • Passing a smoke emission test is also a requirement on some vehicles. A car or truck manufactured before 1988 is not required to undergo an emission test. However, vehicles manufactured on or later than 1988 should be tested for clean emission.

Warranty and Taxes

  • According to the Civil Code of Quebec, a seller is not required to declare warranty, except when the used vehicle is defective. A registered merchant, however, is required to offer warranties provided that the vehicle is less than five years old and has traveled lesser than 80,000 kilometers, as shown by the odometer. In Quebec, buyers should pay Quebec Sales Tax either on the actual sales price or the book value based on the Guide Hebdo. Private purchase however is exempted from paying the GST.

Latent and Apparent Defects

  • The Civil Code of Quebec covers a warranty against latent defects, which the dealer must declare to the buyer upon purchase. The Civil Code defines latent defects as features that make a property for sale “unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of them.” As opposed to latent defect, an apparent defect, on the other hand, is one “that can be perceived by a prudent and diligent buyer without any need of expert assistance.”

What Are the Most Useful Languages to Learn for International Law?

Ten languages in the world are spoken by over half of the world’s population: Knowing one or more of these languages exponentially increases potential markets for international lawyers. However, the British Council determined which languages it thought would be most useful based on two factors: languages spoken by most people and languages most widely used on the Internet.

First Language Statistics

  • At the time of publication, the most widely spoken languages are Chinese, with nearly 1.2 billion speakers, followed by Spanish, English, Hindi, Arabic, Portuguese, Bengali, Russian, Japanese and Javanese. Together, these languages are spoken by over 3 billion people. By contrast, the following languages account for 82 percent of Internet traffic worldwide, from most to least used: English and Chinese, which together account for more than 50 percent, followed Spanish, Japanese, Portuguese, German, Arabic, French, Russian and Korean.

Global Organizations and Emerging Markets

  • In deciding what language to study, consider your desired career. Focusing on international political organizations favors certain languages; for example, the U.N. routinely disseminates information in Arabic, Chinese, English, French, Russian and Spanish. By contrast, the business communities predicted to grow most by 2020 include India, Indonesia and Brazil. Another factor to consider is a language’s growth: According projections noted by “Forbes” magazine, 750 million people worldwide will be speaking French by 2050.

Child Abandonment Rules in Iowa

Child abandonment, the desertion of a child under the age of eighteen by one or both parents, is considered a crime in most states, including Iowa. Child abandonment is abuse and Iowa has imposed tough laws regarding child abandonment. As a result, in order for a parent or legal guardian to be charged with the offense of child abandonment, specific qualifying criteria must be present to demonstrate abandonment has occurred.
Child abandonment is not only heartbreaking, it is a crime.

What Constitutes Abandonment?

  • According to the laws of the state of Iowa, abandonment of a child occurs when a a child’s parent or legal guardian leaves the child in an unsupervised environment for any period of time that could reasonably cause the child to go without shelter, food or protection from harm. For criminal charges, the defendant must be shown to have willfully abandoned the child without regard to the child’s physical, emotional or environmental safety. This also can include caregivers who leave the child in the hands of child care workers, relatives, neighbors or any other person for extended periods without proper notice or designated plans to return.

Exceptions to the Law

  • Under the laws of Iowa, certain exceptions may prevent an individual who is the parent or legal caregiver from being charged with abandonment. These exceptions include the birth of a newborn or child whose parent has voluntarily given up parental rights to the child through adoption and who has voluntarily released custody of the child as a result. Additional considerations that may prevent a biological parent from being charged with abandonment is if a father can show that he was not made aware of the existence of his child and therefore had no knowledge of his duties of support and mothers who release their newborn child to Safe Haven designated locations, relinquishing their rights at the time of birth.

Legal Ramifications

  • Any person who is found to have committed the crime of child abandonment through proper investigation and procedure by court can be charged as a class C felon under Iowa law. A party convicted of a class C felony in the state of Iowa may be subject to up to 10 years in prison and from $1,000 to $10,000 in fines as of October, 2010. In addition, if the abandonment of a dependent child results in the death of the child, the parent can face homicide charges, which can include 15 years to life imprisonment and fines of $10,000 or more.

The Law Schools Of Famous Lawyers

Choosing a Law School can be a difficult decision.  Besides the obvious things such as ranking, expense, location and reputation many potential law students are interested to know what famous attorneys came from the schools they are thinking of attending.  Yet, unless someone does independent research on numerous institutions or wants to research the backgrounds of a particular attorney they are a fan of there is no real good resource that provides such information.  To remedy this, I thought I’d pick out a handful of my favorite attorneys and list where they got their Juris Doctors from.

My personal favorite attorney has to be former California Prosecutor Vincent Bugliosi of ‘The Manson Murders’ fame.  Mr. Bugliosi was able to convict Charles Manson despite the fact that Manson never was actually at the crime scene and committed his crime by brainwashing and planning the Tate/La Bianca murders from afar.  He has since gone on to be an internationally acclaimed writer beginning with the legendary ‘Helter Skelter’ and including the more recent ‘Outrage’ and ‘The prosecution of George W. Bush For Murder’.  Vincent Bugliosi attended UCLA Law School and graduated in 1964.

Next up is the famous ‘country’ lawyer and tv commentator, Gerry Spence.  Mr. Spence is well known as a commentator during the OJ Simpson trials and has the distinction of having never lost a case in 40 years.  He attended the University of Wyoming Law School gaining his degree in 1952.  He is known for pioneering the ‘Matlock’ style of ‘narrative’ lawyering.  He uses stories, allegories, metaphors and carefully crafted emotional hooks to convince a jury of his convictions.

No list would be complete without Professor Alan Dershowitz of Harvard Law School.  Besides his role in the OJ trial, Mr. Dershowitz has obtained a reputation as a great civil liberties lawyer.  He graduated first in his class at Yale Law School and was Editor-in-chief of the Yale Law Journal.  He has one of the most prestigious client lists of any attorney including such notables as Michael Milken, Leona Helmsley, Mike Tyson, Penthouse, Patricia Hearst, John Landis and even fellow attorneys F. Lee Bailey(Boston University Law School 1960) and William Kunstler(Columbia Law School).

Speaking of the OJ Simpson trial, Johnnie Cochran attended Loyola University School of Law in Los Angeles as did the fiery tv and radio commentator Gloria Allred.  Barry Scheck of the ‘Innocence Project’ at Cardozo Law School got his degree at UC Berkeley School of Law.  Robert Shapiro, OJ’s lawyer through much of the early stages of the trial attended UCLA Law School.  On the other side of the court, Marcia Clark attended Southwestern University School of Law and Christopher Darden attended the University of California, Hastings College of The Law.  Finally on the other side of the bench, judge Lance Ito obtained his law degree from UC Berkeley (1975).

Finally, I thought I’d throw in some of my own personal favorites mostly based on their accomplishments and personality.  I’m a big fan of the radio host Larry Elder and Larry got his JD from the University of Michigan School of Law in 1977.  His sometime rival on KABC radio is civil rights attorney Leo Terrel who attended UCLA School of Law.  Since Larry’s been off the air I’ve become a fan of Mark Levin who got his JD from Temple University.  Mark has achieved tremendous success over the past two years and most recently authored his best selling book ‘Liberty and Tyranny’.

How to Write a Basic Contract Agreement

In legal terms, a contract is any agreement between parties to exchange things of value, such as goods and services for cash. A simple handshake agreement is legally binding, but its terms are not always provable if a dispute arises. However, you don’t necessarily need pages upon pages of legalese. A basic contract agreement often works best for a simple business transaction.
Adult male signs contract

Legal Contracts

  • Under state laws, only a few category of contracts must be in writing, such as a mortgage contract or contracts covering more than a year. It’s still a good idea, however, to have a written agreement for business transactions beyond an ordinary sale of goods. There is no law requiring a lawyer to write your contract. If the transaction is relatively simple, the contract can also be simple. But you also have to pay attention to certain details to avoid issues arising later.

Naming the Parties

  • You begin the contract by naming the parties in the agreement. This may seem obvious, but attorney Mark Cohen of Colorado writes in his article Ten Things to Consider Before Signing a Contract that “a common error is to use the name of a person representing an entity rather than the name of the entity.”

    If you run a business as a sole proprietorship, it would be appropriate to be identified in the contract as John Jones doing business as Jones Plumbing. If you organized your business as a Limited Liability Company, identifying your participation in the contract by your name could remove any personal liability protection that an LLC provides. Similar issues can arise with a partnership if each individual is identified as a party to the contract.

    Except for a sole proprietorship, enter your business entity’s name and not a personal name as a party to the contract. Otherwise, Cohen adds, “you will be personally ‘on the hook’ and you have lost the limited liability that was likely one of your reasons for forming the entity in the first place. Never blur the distinction between you and the entity you own or represent.”

Define the Scope of the Work

  • The terms constitute the body of the contract. Start off by clearly defining what it is the scope of the work or service you are to provide, and the timeline you propose to complete the work. Be specific. Don’t simply say you will renovate a client’s kitchen. Provide details of the cabinet designs, countertops, and other materials and work you will provide. If applicable, give a timeframe for each phase of a project.

Specify Time and Amounts of Payments

  • Entering your hourly rate and projected time for completion, or the total amount of payment for the project may not be enough. Depending on the project’s scope, the contract should include:
    • Any portion of fees to be paid upfront.
    • Any fees to be paid at milestones as a project proceeds.
    • Payment for work completed if a client cancels the contract.
    • Late fees if the client doesn’t pay on time.
    • Hourly rate for your time due to delays caused by the client or for client’s request to perform additional work.

Sign and Date the Contract

  • “If an entity is a party to a contract, it is imperative that the signature block properly identifies the party signing on behalf of that entity,” writes Michigan attorney Michael J. Hamblin in his website’s article How to Properly Sign a Contract so It Will Be Enforceable. The signature block should name the entity, then under the signature, the name and title of the person signing, such as:

    Jones Plumbing, LLC
    By:__
    John Jones
    Manager

    Each signee should include the date next to the signature.

Who Can Sign

  • For partnerships, only general partners can sign a contract, not a limited partner. For LLC’s, a managing member or a hired manager can sign. For corporations, the company’s president or chief executive officer is presumed to have the authority to sign. For an organization or association, a board president would have the authority, but may require a vote of the governing board to approve the deal.

Pick the Right Lawyer for You and your family

The most imperative thing and the hardest part of any keep running in with the laws is pick the right criminal barrier lawyer for you or your family. Pick the right criminal barrier lawyer can decide how you make tracks in an opposite direction from charges, bring down the charges or might demonstrated pure. Today, I will give you a regulated aide on the best way to pick a criminal lawyer Oakland to ensure that you or your family will have the capacity to get the lowest charge or demonstrated honest.

The initial step is evaluating your situations and comprehends what sort of lawyer you require. Regardless of how little your criminal charge is, it is recommended that you have a protection lawyer speak to you in court or counsel him before your trial. Criminal barrier attorneys are the lawyer that speaks to individuals charged with criminal behavior. Criminal safeguard lawyer will give you issue movement that can improve your situation and exhort you for better alternatives on court. Make a point to enlist a lawyer that concentrate in zone of your situations or having specialty on your territories. At that point, do some exploration on foundation of lawyer you pick. Ensure that your lawyer are fits in with the National Relationship of Criminal Protection Lawyer, the State Relationship of Criminal Safeguard Lawyer or ABA’s Criminal equity segment. You will require experienced lawyer that will commit the vast majority of their opportunity to your case, for example, Louis J. Goodman.

The following step is finding the right resistance lawyer. You can pick proficient associations to locate the right lawyer. Call the expert associations nearest to you and make a point to get lawyer as per your needs. You may likewise approach your present lawyer for referral on a protection lawyer, approach your companion or family for more referral or recommendations of a specific lawyer.

What to Do When Your Busy Law Firm Can’t Afford a New Partner Yet

Having more business than your office can handle is most lawyers’ dreams – except they know that when they tackle too much, the quality of their services suffer as the time they’re able to devote to each case is diminished. Since that’ll lead to more dissatisfied clients in the long-term, you have to turn good, paying clients away if you can’t afford to make another attorney a partner yet and can’t even hire another attorney full-time. However, that’s not the only solution.

Work with Per Diems

Visit www.perdiemattorneys.com and fill out the contact form to get a prompt response from a team of per diem attorneys who can handle your entire overflow. From court dates to research to consultation, per diem attorneys are available on short notice to do whatever needs doing at the firm. They can even fill in for lawyers on vacation, parental leave or sick leave, so the influx of cases never needs decrease and your firm earns more revenue for future expansion.

Get an Outside Perspective

Sometimes what slows a case down is simply the fact that the lawyers involved are too close to the facts of the case. They’ve spent too long researching and arguing, so they may be missing the bigger picture. If you want to handle more cases yourself, you at least need to handle your cases faster without skimping on the quality of your services. Working with a per diem attorney just for a day or two to offer an outsider perspective on a case will provide you with the new angle you may need to close a case faster.

Assign Specializations

Multiple lawyers in your firm may be licensed to practice different types of law, but you know from experience that some individuals are better at handling some kinds of cases than others. Make sure the work flow is assigned so that everyone gets the types of cases they’re best at, and if you need someone with more expertise on a type of case you don’t often handle, hire a per diem attorney with more experience.

Per diem attorneys are the best solution for busy offices that have more work than they can handle. It allows them to add more revenue to the office while still devoting their full attention to each case – and more revenue will prove essential to one day bringing in another partner. If you don’t find a way to accept all of the excess work, you’ll never get to the point where you can expand your firm.

 

Newest Trends In Social Entertainment in 2016

The types of entertainment that exist to attract masses of crowds differ quite a lot from the ones 20 years ago. Although there are the classics like football games and horse-races which draw an eager crowd on a regular basis, today people tend to sway to more personal shows. The real trait of these events is that they let the mind wonder and each person can finally relax and forget about the stress that they are experiencing in their everyday lives. Whether it is laughing at the jokes of a stand-up comedian, listening to the tunes of a great saxophone, or just enjoying a night of dance and cocktails, the choice is great and can be enjoyed solo or with a group of friends.

Ripping Yourself Away From The Internet

Since the time the Internet landed on our doorstep, it has become harder and harder to pull people away from the screen and social networking websites that have tons of applications for entertaining purposes. More and more people are getting a hunched back, and complaining of dull headaches, which can actually be caused by the new forms of having fun. In order to get back into the world around you, there are amazing events and shows that can be attended with people you love to chat up a storm with online. These venues include diner-show specials which combine the pleasures of entertainment with a practical way of having a great meal. All of the shows are posted online, and can be followed very easily on the Le Balcon Montreal Show website.

Cabarets in The Past and Now

Back in the old days Cabarets and music shows were a popular form of entertainment that brought together all ranks of people in the same place. These shows included famous dances like the can-can, solo vocalists, and musicians who would promote themselves as well as the place where they were performing. The venue got so full over time that owners had to decrease the size of tables in order to accommodate more people for each event. Nowadays the feeling of the old Cabaret remains, with an additional service of dinner along with the performances. People can enjoy a larger choice of shows like great bands, solo R&B nights, Cuban Salsa or even classical Jazz with great local artists. Rising talent of Montreal can really showcase their abilities in a laid back and fun atmosphere.

Pros and Cons of Flipping a House

Before flipping a house it is important to know the pros and cons. House flipping is a risky investment but the reward can be worth it. Unfortunately, things can go wrong and the flip may be a mistake. Here are some things to consider if you are interested in flipping a property.
Pros
• Potential Profit
o One of the main reasons people choose to invest in real estate that needs renovation is because they are hoping to make a profit. Sometimes these flip projects can only take a matter of weeks or months and sell very quickly, resulting in a quick profit for the investor.
• Personal Achievement
o Another reason people may choose to flip a house is for the personal sense of achievement a completed project can give them. It is rewarding to look at a newly transformed home and know that you had a vision for that run down house.
• Experience
o Once you have completed your first house flip, you will probably have a desire to do it again. Maybe even again and again and again. You will learn about construction and real estate and interior design as you go through the renovation process. This will allow you to gain valuable experience for the next flip job you take on. Some people have even made flipping houses their profession.

Cons
• Potential Loss
o There are many things that can cause you to lose your profit from a flip. After investing time and money in a house the last thing you want to happen is to see the home sit on the market for months or experience higher property taxes.
• Unforeseen Issues
o Flipping a house requires quite a bit of renovation. Although the house may look like it is in good condition, after you have purchased it and have it inspected you may find there are serious issues that will need to be addressed. Some of the most common things that must be done in a house flip are roof repair or even replacement with some experienced roofers, siding work, window replacement, and interior renovation.
• Stress
o Flipping a house can be a stressful experience. Things will go wrong, contractors will be difficult to work with, and the house may go unsold longer than you would like it to.
There are many pros and cons to investing in a renovation property. Many people have seen great success in flipping houses. Before embarking on a house flip adventure, consult with someone who has done it in the past. Ask for advice and guidance throughout the process.

Connecticut Consumer Laws

Connecticut has a robust series of consumer protection laws. They’re enforced by the cabinet-level Department of Consumer Protection and include issues such as “bait-and-switch” tactics, retail refunds and exchanges, and telemarketing. Knowing the law can help you avoid being taken advantage of by unscrupulous sellers.

Refunds and Exchanges

  • Connecticut law provides specific regulations for returning items for refund or merchandise credit. Stores are required to post their return policies in a conspicuous place, including the amount of time a customer has to return items after purchase. Stores that electronically record the number of returns made by individual customers must let them know they’re doing so. If a store has a limit on the number of returns a customer can make, it must tell him when he’s passed this limit and it can’t deny returns made with a valid receipt. These provisions don’t apply to perishable goods or anything that’s clearly marked as nonreturnable.

Bait and Switch

  • Connecticut consumer protection laws include specific provisions against “bait and switch” tactics — deceptively advertising products that seem like a real deal, only to tell the customer that the item is out of stock and convince him to purchase something more expensive. Evidence that a business is engaged in a bait and switch can also include a refusal to demonstrate the merchandise, to sell it on the terms advertised, or to actively discouraging a customer from buying the product and purchasing something else instead.

Telemarketing

  • The Connecticut Department of Consumer Protection keeps a running list of residents who don’t want to receive unsolicited telephone marketing calls. This list is not a suggestion and telemarketers are legally prohibited from contacting anyone who’s on it. Telemarketing calls must be made between 9 a.m. and 9 p.m. local time. Connecticut law prohibits the use of previously recorded phone messages for the purpose of making sales pitches over the phone, as well as using fax machines for the purpose of making telemarketing sales pitches.

 

List of Consumer Laws

Congress launched the Federal Trade Commission in 1914 to foster an open and fair marketplace. Although the initial focus was to enforce fair business practices, over the years the commission has expanded and evolved into an agency that also protects consumers’ rights and safety. The commission’s Consumer Protection Bureau enforces several major laws that are the foundation of consumer rights in the United States.

Truth in Advertsing Laws
Americans depend on the FTC’s Consumer Protection Bureau to enforce truth-in-advertising laws that protect consumers from deceptive campaigns. Federal law requires companies to have objective evidence to back up any claims made in advertising. It also bans deceptive ads that leave out critical information about a product that could influence a consumer’s decision or could in some way threaten a consumer’s safety.

Truth in Lending Act
Congress passed the Truth in Lending Act in 1968 to ensure that banks, credit card companies and other lenders treat American consumers fairly. The law requires the financial industry to be clear about terms and interest rates of loans and mortgages. The law empowers the Federal Trade Commission to act as a watchdog against discriminatory lending practices, fraudulent billing methods and misleading debt-relief services.

Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act protects consumers from aggressive and misleading debt collectors. The law prohibits creditors from harassing a consumer with frequent and threatening phone calls. Collection agencies are not allowed to call before 8 a.m. and after 9 p.m. If requested, they cannot call someone at work. The act also prohibits collection agents from falsely threatening arrests, lawsuits and garnished wages. Laws about debt collection mail ban postcards and letters disguised as official court documents. The act also includes guidelines for consumers to sue collection agencies that violate the law.

Fair Credit Reporting Act
Credit reporting agencies track the credit histories of consumers. Businesses use those reports to decide whether to write a loan, issue an insurance policy or offer a job. The Fair Credit Reporting Act requires any company that decides against doing business or hiring someone based on a credit report to share its reasons and the report with that person. It also requires credit-reporting agencies to provide consumers with one free copy of their credit report every 12 months. Additional rules require reporting agencies to make corrections to reports when necessary and to delete certain information, such as past bankruptcies, after a specific period of time has passed.

 

Consumer Laws About Refurbished Goods

Although refurbished items are generally sorted into two categories–one for items that were merely taken out of the box and then returned and another for items that needed to be repaired before being resold–many consumers are still wary about the condition and quality control behind refurbished items. As of August 2010, there are no regulations that ban the sale of refurbished goods outright, although consumers and manufacturers must be aware of several legal trouble spots.

Deceptive Labelling

  • The Federal Trade Commission bans deceptive labeling in the sale of any product. This means that returned items cannot be sold as new, and retailers who sell rebuilt or otherwise remanufactured items must label them as such and not sell them as new items. If an item has merely been re-shelved without being used by another consumer, retailers should indicate that. Likewise, recycled materials cannot be reused to construct new goods—as with reused padding in upholstered products—while labeling the item as new.

Trademarks

  • Because many companies that refurbish goods are not the original manufacturers of them, trademark issues abound in the refurbishing world. For consumers, this has little impact; retailers and refurbishing agencies, if operating without deceptive labeling, are not deceiving consumers about the origins or the quality implied by selling an item with a trademark upon it. Between manufacturers and refurbishing companies, however, it has taken several court cases in numerous districts to iron out a rule of thumb: Refurbished items may bear the original manufacturer’s trademark if the remanufacturing process does not alter its performance or quality.

Warranties

  • Consumers who purchase a refurbished item should be aware that warranties usually provided by the manufacturer are voided if the item is refurbished or worked on by a non-licensed technician. Many refurbishing companies, particularly those selling items online, are not licensed to do work. Although refurbishing companies and retailers frequently offer warranties on remanufactured items, the warranty itself is not the same one extended by the manufacturer and may have a greatly modified scope.

 

Pennsylvania Consumer Laws

The Pennsylvania Attorney General’s Office works to ensure consumers are treated fairly and properly by implementing laws and educating consumers and merchants. Even with laws in place, the office receives more than 30,000 consumer complaints each year on anything from unfair sales practices and false advertising to do-not-call-list violations and poor quality contractor work. Based on these complaints, the Bureau of Consumer Protection can take legal action

Pennsylvania Unfair Trade Practices and Consumer Protection Law

  • Pennsylvania offers protection to its residents through the Pennsylvania Unfair Trade Practices and Consumer Protection Law. This act, 73 P.S. 201.1-201.9.2, offers regulations businesses must follow and procedures which consumers can follow if they feel the rules were violated. In addition to state law, Pennsylvania consumers are protected under federal consumer law.

Pennsylvania Auto Repair Regulations

  • Pennsylvania residents in need of automotive repairs are protected by the Automotive Trade Practices Regulations. These rules include provisions tha you receive repairs only when you give verbal or written authorization, that you receive estimates in advance, are given disclosure if parts are new or used, and that you receive an itemized bill covering both labor and parts.

Pennsylvania Lemon Law Protection

  • The Pennsylvania Automobile Lemon Law applies to any new vehicle purchased and registered in Pennsylvania for personal or family use. The law states that the manufacturer must, at no cost to the purchaser, repair or correct any defect which substantially impairs the use or safety of the car. The Pennsylvania Lemon Law covers vehicles within one year of purchase or 12,000 miles of use, whichever comes first. Further, if the defect cannot be repaired after three attempts or if the vehicle is out of service for a total of 30 days for repair, you may be eligible for a replacement vehicle or a refund of the purchase price.

Door-to-Door Sales Law

  • The Consumer Protection Booklet issued by the state Attorney General’s Office explains that door-to-door sales are a reputable practice within the American business system. But, if you enter into a contract with a door-to-door salesperson for products or services more than $25, you must be provided a “notice of cancellation,” which gives you three days to change your mind and cancel.

Telemarketing Law

  • The Pennsylvania State Senate passed a series of laws protecting state residents against telemarketing fraud. Many telemarketing agencies are now required to register with the Attorney General and secure a $50,000 bond as security for any consumer losses resulting from fraud or misrepresentation. According to the new state laws, telemarketers must promptly disclose their names, the name of the company, the purpose of the call and what they are selling before they make their pitches. Calls are restricted to between the hours of 8 a.m. and 9 p.m. Other details of telemarketing laws in Pennsylvania are detailed in the Consumer Protection Booklet.

Timeshare Solicitation Protection

  • Pennsylvania is a popular tourist destination, even for those residing within the state. Timeshare memberships have been heavily promoted in Pennsylvania, some of them deceptive. The Attorney General’s Office has put restrictions on these practices to protect consumers. For example, all timeshare businesses in the state must be registered with the State Real Estate Commission. Contests, such as for cars and large monetary amounts, must be legitimate, and consumers cannot be told their names were drawn at random for a prize if they really didn’t win one. If any premium is offered, the fact that a tour is a condition of receiving the prize must be disclosed. Also, a timeshare contract can be canceled via certified mail within five days of signing.

Michigan Land Contract Laws

A homeowner may sell his property to a buyer via a land contract. This transaction type is also known as a “contract for deed” or “installment sale contract.” Land contracts help homebuyers who don’t qualify for traditional home financing. Under a land contract, the buyer makes installment payments directly to the seller who finances the purchase instead of a bank or mortgage company. Land contracts are allowed in Michigan, and specific laws regarding purchase and default appl

Land contract forfeiture in Michigan takes less time than foreclosure.

Michigan Land Contracts

  • A Michigan land contract contains the names and signatures of the seller and buyer, as well as a description, or address, of the property. Land contracts in Michigan should contain the home’s purchase price and the time and terms for payment. Homebuyers in Michigan don’t receive full title to the property until they fulfill all land contract terms and conditions. Interest rates on Michigan land contracts can’t exceed 11 percent.

Land Contract Forfeitures

  • Land contract forfeiture is allowed when the buyer defaults on payments or fails to pay required taxes or homeowners insurance. Sellers must file forfeiture lawsuits against delinquent buyers through the courts. A buyer, however, may also sue a seller if he fails to comply with his responsibilities under the land contract. Buyers receive written notice of a forfeiture lawsuit and have at least 15 days to bring payments current.

Land Contract Foreclosures

  • An acceleration clause allows a land contract seller to call the loan due when a buyer defaults. Foreclosure on a land contract is rare and only allowed when an acceleration clause is part of the contract. Foreclosure lawsuits can be dismissed if a buyer repays the defaulted principal and interest, plus foreclosure costs. To avoid foreclosure, buyers must repay all principal, interest and fees, or a court-ordered judgment of sale may be filed.

Limitations on Recovery of Money

  • Michigan prohibits sellers from further pursuing land contract buyers for money after a forfeiture. Buyers are only responsible for the fair rental value of the property for the period between the forfeiture notice and a court-ordered judgment. Michigan law also requires foreclosed buyers to receive sale proceeds left over after foreclosure, if any. More often than not, however, foreclosed land contract buyers end up owing money because the properties sell for less than the amount due.

Role of Consumers Laws in Civil Society

Role of Consumers Laws in Civil Society

By

S.J. Tubrazy

Social scientists are agreed on this approach of customary unconscious struggle of the society always synthesis of basic foundation of cognizant principles. This century is called the century of civil society and civilization, the journey of a society to civilization is the journey of natural laws and principles of equity.

Before the recent modern age the principles of caveat emptor was relied upon but this could not further hinged on in this modern age or civilization as it was the negation of the natural law and the principle of equity. In many developed and in developing countries like India the consumers laws are recognized the essentials of civil society as consumer laws existed there since 1986.

The national and multinational companies, which manufactured and provide sophisticated modern electronic accessories and services, although are in the eye of law as person as individual person in the society but they can’t be compare to the individual person as they hold rich resources and capital and apparently the individual person is feel meager in compare to the companies, on the other side scientific inventions and electronic accessories which are also necessary for modern life and services by service providers which are also very complex in nature and sophisticated in procedure can’t be scrutinized and properly checked by consumer at the time to buy the products or hiring the services, comparatively manufacturer or service provider can’t be free from obligation if there is any defect in products or services.

Due to the increasing problems of consumers The Punjab Consumer Protection Act 2005 has been enacted. Now the principle of Caveat Emptor has been practically existed no more and new principle has been introduced in the civil society “Seller Beware’.

Punjab Consumer Protection Act 2005 provides many rights and privileges to the consumers as it has adopted very broad definition of consumer in the act to array the existence of consumer in any form even to the extent of user of any product whatsoever but where the services are concerned which are on the basis of agreements are excluded from the array of consumer. The definition of manufacturer is very interrelated to the consumer definition in the act as “Who is in the business of manufacturing a product for trade or commerce, owns a product or presents himself as the manufacturer of the product, a seller, assembles a product, and is a seller of a product of a foreign manufacturer and assumes or administers warranty obligations of the product.

In the Act liabilities of defective products or the defective services have been created on the manufacturer and the service providers  even manufacturer and service provider shall be liable to the consumer for damages caused by a characteristic of the service or product that render the them defective,

The manufacturer of a product shall be liable to a consumer for damages proximately caused by a characteristic of the product that renders the product defective when such damage arose from a reasonably anticipated use of the product by a consumer.

A provider of services shall be liable to a consumer for damages proximately caused by the provision of services that have caused damage.

In Section 18 and 19 the obligations of manufacturer in relating to the price catalogue and issuing of price receipt have been specifically mentioned;

Upon violation of any provision provided in the Act by the manufacturers or the service providers a claim of damages can be file in the District Consumer Court without any court fees established under PCPA 2005 and salient feature among the others is the `Consumer Court shall decide the claim within six months.

Consumer Protection Laws on Distance Trading Rights

RIGHTS OF CONSUMERS IN CONSUMER PROTECTION LAWS ON DISTANCE TRADING PRACTICES

Many consumers in distance trading suffer financial loss or delays in mail order or online shopping -the consumer protection legislation and Distance Trading Regulations, in basic lay terms, are as follows…

In distant trading mail order companies (including in internet shopping or online shopping) in law do not have to tell you your rights -the entitlement to details exists only if you know your rights and ask ~but it is unlawful also in distance trading for mail order traders expressly or by implication (including orally) to mislead you or to seek to restrict the exercise of your rights in consumer laws.

Whether you have ordered goods from a catalogue, newspaper or magazine, television or internet advertisement, be they on approval or not, goods such as a jackets or dress or shoes, music CDs, video cassettes, DVDs or books, whether a one off purchase or periodically by club membership, paid for by cash or on credit, by debit or credit card, in full or in part, there are some consumer rights not commonly known under various consumer laws and mail order schemes which sometimes can save you time, effort, money.

For example, mail order companies must service serviceable goods they sell, and your credit card company also may be liable.

Catalogues usually subscribe to a mail order traders’ association whose logo they display, and there are expectations from them…

1. They must provide accurate information about such details as material used, colour, and size, of the goods they advertise, as well as regarding installation and anything that may restrict their use ~they must state any restriction on availability or delivery -as well as all charges involved, including any extra delivery charges.

2. You must be able within a stated period of time, usually two weeks, to return unwanted goods -if faulty or substitute goods (which must be on approval) post paid by them ~and if goods may require servicing you must be given fullest details if you ask.

3. You must be told how to complain should the occasion arise and speedily must be dealt with complaints and sympathetically.

Book or Music Clubs mostly subscribe to a mail order publishers association whose symbol they display and who must investigate complaints in case of failure in the following respects.

1. The main terms of any offer advertised must be stated clearly -must be accurate the details of quality, quantity, price, postage ~they must not be sent you unsolicited without an order (they must be returnable at seller’s expense if on approval); if you sent money it must be acknowledged with despatch date and any delay explained.

2. If you buy regularly you need not give a reason if you wish to cancel after a year, or if price increases exceed the expectation ~if debt collecting they must ensure not to unreasonably bother you.

Mail Order items advertised in a medium with a ‘protection scheme’ unless ‘classified’ are protected by advertising practice codes too ~the law requires advertisement to be ‘legal, decent, honest, truthful’ -‘washes whiter than white’ is an obvious slogan and fine.

Internet or online shopping is equally covered in the Distance Trading Regulations –whether deliver is by mail or courier.

1. You have the right without giving a reason to inform the seller within seven working days (the day of receipt not counting) that you wish to return the goods. You do not have to actually return them within the cooling off period, e.g., if the seller takes his time to issue a return number. Such a cancellation, in law, is for the whole of the package, unless the seller agrees or can be shown by custom and practice to accept return of individual items -e.g., if its RMA request form asks without more for items wanted to be returned to be marked. If you choose to do so, you must return the goods undamaged. If you have paid money, you are entitled to a full refund within thirty days which must be in ‘cash’ -not as credit-note, nor voucher (this is an implied statutory term -a term or condition that makes this the seller’s option is void).

In consumer protection laws and Distance Trading Regulations this is so also if goods are faulty or misleadingly described or not fit for the purpose that the seller was told of or enquired from (including orally –e.g., by telephone) or knew or could reasonably be expected to know –in this case you are entitled also to any return costs (e.g., postage). You are entitled to a refund also if the sale was not fair in the circumstances.

The seller’s discretion to replace or repair is normally exercisable if, e.g., the defect has been discovered after a long time of use, e.g., six months. Reference in law is to ‘goods’ as distinct from their wrapping or packaging -not that they must not have been opened or used; but they must be returned in good condition in reason in the applicable circumstance.

(Any seals that the seller may lawfully ask to be agreed not be broken are only such as may be on the goods themselves and of a kind that would not restrict your legal right to try the goods, e.g., to decide whether you like and wish to keep them -except if the item sealed is “computer software or driver disk” [although it is difficult to see how, e.g., a printer or scanner can be tried without the use of its driver disk to see if one likes and wants to be keep or not within the cooling-off period]).

These legal obligations are of the sellers, directly to the customers, and are not affected by any liability on the part of the manufacturer, and any terms or conditions that exclude or restrict consumer rights given by law, e.g., that the customer must contact the manufacturer instead, even if agreed to, are void in law.

Sometimes are involved return or authorisation number request procedures for administrative purposes of the seller -sellers may not, e.g., by refusing to issue an RMA, lawfully refuse receipt of returned goods.

If in relation to returning goods within the seven-day cooling off period the customer mentions a reason [whether asked or not], e.g. that they are faulty or not fit for the purpose, that does not affect the customer’s right to return them within seven days of receipt, and does not entitle the seller to treat such a reasons to, e.g., insist to repair or replace them under any other terms and conditions.

If goods are returned as faulty and the customer states that the return is for refund, any authorisation bars the seller from exercising any otherwise exercisable discretion. Any such ‘returns policy’ of the seller that, e.g., faulty goods or liability (including for injury or damage resulting from faulty goods) will not be accepted (or that will not be accepted unless made, e.g., within fourteen days of purchase), has no validity in law and any, e.g., internet return-forms that do not open may be tantamount to attempt to unlawfully seek to limit liability or the exercise of the consumer’s rights -as well as absence of ‘good-will’ on the part of the seller and in it’s own right make the contract void and be ‘unfair trading’.

If you are under age, the seller sells you totally at his own risk, because no contract entered into with a party who is under age is binding, and you may not be held to any terms and conditions in case of any dissatisfaction.

2. If you have paid money for goods to be despatched at the seller’s convenience but have not received the goods within thirty days (unless made-to-measure goods or plants or you have agreed to wait longer -when a despatch date must be quoted) you are entitled to a refund -the medium that advertised it must find out if the advertiser has folded and try to get it for you if you claim with full details in reasonable time (normally within two months of ordering from a magazine or three months of the date of a newspaper advertisement -also your credit-card company may help if you paid by credit-card).

Trading Standards, Office of Fair Trading may be complained to -they do not disclose your identity without your consent. If on evidence they have a good reason to prosecute the seller, upon conviction you may claim compensation -including for unnecessarily caused expenses, e.g., postage, travel, correspondence, telephone calls. (But a word of caution: they rarely prosecute at the absence of many complaints or the seller’s not agreeing to amend its trading practices –and (while on the face of it perhaps similar to a police officer’s ignoring a burglary on that ground) not only if a complaint is frivolous but also if it is considered vexatious may they not prosecute.) Your money claim must still be in the County Court or the Small Claims Court.

Suing Consumer protection laws allow arbitration; you may also sue via the internet in the small claims court. If you are suing in the County Court a company you may do so at one local to you, but if suing one or more persons trading as a business it may have to be where it is located. In court protocol you need only send one Letter Before Court to the seller, and you must spell the seller’s name correctly -if a company is limited by guarantee its details are available from the Companies House –including the names of its company secretary and director/s with their direct contact addresses.

Unsolicited Goods in the case of, you do not need do anything -normally the goods become yours if you hear no more for six months or if you inform the seller but they are not collected within a month.

Do keep the receipts for monies paid and any documents.

(Sanctions against traders are not necessarily of lasting effect in the general spirit of lawful distance trading practices: e.g., the Aria Technology Limited was found in 2000 [ICSTIS report no. 81] by omission considered unintentional to have mislead the consumers, and in 2005 [Nominet DRS 02364: Atek –v- Aria] by commission intentionally to have done so. Should you wish legally justifiably in the public interest to alert fellow consumers, there are also consumer comments or consumer complaints sites on the internet where you may lawfully do so.)

Judicial interpretation of medical negligence under consumer protection

INTRODUCTION: Medical profession is one of the most oldest professions of the world and is the most humanitarian one. There is no better service than to serve the suffering, wounded and the sick. Aryans embodied the rule that, Vidyo narayano harihi (which means doctors are equivalent to Lord Vishnu). Since long the medical profession is highly respected, but today a decline in the standard of the medical profession can be attributed to increasing number of litigations against doctors for being negligent narrowing down to “medical negligence”. Hospital managements are increasingly facing complaints regarding the facilities, standards of professional competence, and the appropriateness of their therapeutic and diagnostic methods. When incidents like these began to rise, the Supreme Court intervened and pronounced that medical profession and professional could also be tried under the Consumer Protection Act (CPA), 1986.

Keywords: Consumer protection act, medical negligence, reasonable care,medical malpraxis,medical council of india.

Negligence is a breach of duty caused by omission to do something which a reasonable man guided by those considerations which ordinarily regulate the contract of human affairs would do which a prudent and reasonable man would not do. According to Charlesworth & Percy on Negligence(Tenth Edition, 2001) in current forensic speech, Negligence has three meaning. There are

I.            A state of mind, in which it is opposed to intention

II.            Careless conduct

III.            The breach of duty to take care that is imposed by either common or statute law.

Medical negligence defined as – the failure to exercise rational caution and capability during diagnosis and treatment over a patient in accordance to the prevailing standards in force at that point of time. In case of Bolam Vs. Friern hospital management committee 1957, the test for establishing medical negligence was set. “The doctor is required to exercise the ordinary skill of a competent doctor in his field. He must exercise this skill in accordance with a reasonable body of medical opinion skilled in the area of medicine.” In Dr.Kunal Saha v. Dr. Sukumar Mukherjee and Ors., decided on 1st June,  2006, the National Consumer Commission summarised the medical negligence law as follows:

Real test for determining deficiency in service

I.            Whether there was exercise of reasonable degree of care?

II.            The degree of standard or reasonable care varies in each case depending upon expertise of medical man and the  circumstances of each case.  On this aspect, it would be worthwhile  to refer to the enunciation from Halsbury’s Laws of England.

The degree of skill and care required by a medical practitioner is so stated in (pr.36, p.36, Vol.30, Halsbury’s Laws of England, 4th Edn.)

“The practitioner must bring to his task a reasonable degree of skill and knowledge, and must exercise a reasonable degree of care. Failure to use due skill in diagnosis with the result that wrong  treatment is given is  negligence. Neither the very highest  nor a very low degree of care and competence, judged in the light of the particular circumstances of each case, is what the law requires, and a person is not liable in negligence because someone else of greater skill and knowledge would have prescribed different treatment or operated in a different way; nor is he guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art, even though a body  of adverse opinion also exists among medical men; nor is a practitioner necessarily negligent if he has acted in accordance with one responsible body of medical opinion in preference to another in relation to the diagnosis and treatment of a certain condition, provided that the practice of that body of medical opinion is reasonable.”

Medical profession has been brought under the Section 2(1) (o) of CPA, 1986. In a significant ruling in Vasantha P. Nair v Smt. V.P.Nair I (1991) cpj the national commission held a patient is a ‘consumer’ and a medical assistance was a ‘service’. A doctor is held liable for only his acts (other than cases of vicarious liability). Vicarious liability arise in case of government hospital though doctor responsible but hospital has to pay the compensation.

It is well known that a doctor owes a duty of care to his patient. A doctor can be held liable for negligence only if one can prove that she/ he is guilty of a failure that no doctor with ordinary skills would be guilty of if acting with reasonable care. Supreme Court make it obligatory in  Parmanand Kataria vs. Union of India case  that “every doctor, at the governmental hospital or elsewhere, has a professional obligation to extend his services with due expertise for protecting life” .

Incidence of “medical negligence” can also decide bymedical council of india. Medical council of india is a statutory body deal with high standards of medical education and recognition of medical qualifications in India. It registers doctors to practice in India and promote the health and safety of the public. In many cases national commission accept the credibility of council’s verdict  in medical negligence . Medical council of india guided by the Medical Council Act 1956.  But now days question raise relating to the working ability of medical council of india , PIL filed in the Supreme Court by “People for Better Treatment” (PBT) in 2000 (W.P. Civil No. 317/2000), it was unraveled  that the failure of the council to perform his duty.

Extended ambit of medical negligence

The National Commission as well as the Apex Court in catena of decisions has held that the doctor is not liable for negligence because of someone else of better skill or knowledge would have prescribed a different treatment or operated in a different way. He is not guilty of negligence if he has acted in accordance with the practice accepted as proper by a reasonable body of medical professionals.

In Supreme court land mark decision Indian Medical AssociationVs V.P. Shantha and Others III (1995) C.P.J laid down certain guideline for medical negligence and  define efficiency of consumer protection. It has held certain exception like

  • Service rendered to patient in (free of cost or charity) by a medical professional would not fall under the definition of ‘service’ under consumer protection act1986.
  • Service rendered by a doctor under contract of personal service was not covered in consumer protection act 1986.

Proof of negligence

The principle of Res-Ipsa-Loquitur has not been generally followed by the Consumer Courts in India including the National Commission or even by the Apex Court in deciding the case under this Act. The Hon’ble Supreme Court in the case of Dr. Laxman Balkrishna vs. Dr. Triambak, AIR 1969 Supreme Court page 128 has held the above view that  “All medical negligence cases concern various questions of fact, when we say burden of proving negligence lies on the Complainant, it means he has the task of convincing the court that his version of the facts is the correct one”. In Sethuraman Subramaniam Iyer vs. Triveni Nursing Home and anr., 1998 CTJ7 National Commission held that expert opinion in medical negligence played an effective role.

Criminal negligence

Provision under the Indian Penal Code – Section 304A which covers acts of medical professionals. According to this whoever causes the death of the person due to negligence or a rash act, not amounting to culpable homicide, can be tried and suitably punished with imprisonment for 2 years or fine or both. Sections 52, 80, 81, 83, 88, 90, 91, 92 304-A, 337 and 338 all cover the acts of medical malpraxis.

A judgment in Jacob Mathew vs. State of Punjab in 2005 (6 SCC 1) has made profound impact in a backward direction for appropriate adjudication of medical negligence cases in India.  Supreme Court of India defined ‘criminal negligence’ under this case and held that “to prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do”.

A Bench of Mr. Arijit Pasayat and Mr. C.K. Thakkar observed that the words “gross negligence” or “reckless act” did not fall within the definition of Section 304-A IPC, defining death due to an act of negligence or the culpable homicide not amounting to murder.
Between Civil and Criminal liability of a doctor causing death of his patient the court has a difficult task of weighing the degree of carelessness and negligence alleged on the part of the doctor. For conviction of a doctor for alleged criminal offence, the standard should be proof of recklessness and deliberate wrong doing with a higher degree of morally blameworthy conduct.

Conclusion

Doctors should be more careful to perform their duties. Gross Lack of competency or gross inattention, or wanton indifferences to the patient’s safety can only initiate a proceeding against a doctor .  Consumer dispute onle deal with compensation part. But its procedural aspect is too lengthy. It should disposed cases in speedy way. A healthy medical environment can create a great society.

Consumer Fraud – Protect Yourself with Legal Help

Consumer fraud has become a common aspect of everyday life. You must have heard of this offense. However, you may not have a clear idea about this type of scam. Consumer fraud is a deceitful practice, due to which people suffer huge financial losses. There are many situations, which can lead you to be a victim of such type of scam. The only way to protect yourself is, to gather as much knowledge about consumer fraud as possible.

Identity theft is the most common form of consumer fraud. This is the process through which an unauthorized person uses the personal information of another to gain financial advantages. For example, if a person uses someone else’s social security number or credit card number for the purpose of theft, the act will be considered as consumer scam.

Email scam is another type of consumer fraud, which may happen to you if you are not careful. If you receive an email from a company, giving you an outstanding investment offer, you should do some research about the company, before providing them any personal details. You may step into a trap if you go ahead without doing some study about the matter. In addition to this, you may have seen advertisements in internet, promising product in half the market price. Most of these emails are false and are created to make you yield into temptation.

You may even receive emails, which will promise to reduce income tax, if you provide some personal information via return mail. Most these emails have been formed to acquire your personal details.

Massachusetts consumer law has been formed to protect the consumers from being the victims of such types of affairs. If you think that you have been a victim of consumer fraud, you should immediately seek help from an experienced lawyer. He/she is trained to protect the consumers from above mentioned fraudulent acts. Your lawyer will also explain to you the law regarding consumer fraud and make it easier for you to understand what to expect from the lawsuit, you are filing.

You should never try to handle this on your own. This area of law pretty dense, therefore you may find it tough to understand. Moreover, if you lack relevant legal knowledge and fail to present proper evidence in the court, the outcome of your lawsuit may suffer. Also, you have no way of predicting how complex your lawsuit may become in the future and in that situation only a skilled lawyer will be able to help you.

Role of Consumers Laws in Civil Society

Role of Consumers Laws in Civil Society

By

S.J. Tubrazy

Social scientists are agreed on this approach of customary unconscious struggle of the society always synthesis of basic foundation of cognizant principles. This century is called the century of civil society and civilization, the journey of a society to civilization is the journey of natural laws and principles of equity.

Before the recent modern age the principles of caveat emptor was relied upon but this could not further hinged on in this modern age or civilization as it was the negation of the natural law and the principle of equity. In many developed and in developing countries like India the consumers laws are recognized the essentials of civil society as consumer laws existed there since 1986.

The national and multinational companies, which manufactured and provide sophisticated modern electronic accessories and services, although are in the eye of law as person as individual person in the society but they can’t be compare to the individual person as they hold rich resources and capital and apparently the individual person is feel meager in compare to the companies, on the other side scientific inventions and electronic accessories which are also necessary for modern life and services by service providers which are also very complex in nature and sophisticated in procedure can’t be scrutinized and properly checked by consumer at the time to buy the products or hiring the services, comparatively manufacturer or service provider can’t be free from obligation if there is any defect in products or services.

Due to the increasing problems of consumers The Punjab Consumer Protection Act 2005 has been enacted. Now the principle of Caveat Emptor has been practically existed no more and new principle has been introduced in the civil society “Seller Beware’.

Punjab Consumer Protection Act 2005 provides many rights and privileges to the consumers as it has adopted very broad definition of consumer in the act to array the existence of consumer in any form even to the extent of user of any product whatsoever but where the services are concerned which are on the basis of agreements are excluded from the array of consumer. The definition of manufacturer is very interrelated to the consumer definition in the act as “Who is in the business of manufacturing a product for trade or commerce, owns a product or presents himself as the manufacturer of the product, a seller, assembles a product, and is a seller of a product of a foreign manufacturer and assumes or administers warranty obligations of the product.

In the Act liabilities of defective products or the defective services have been created on the manufacturer and the service providers  even manufacturer and service provider shall be liable to the consumer for damages caused by a characteristic of the service or product that render the them defective,

The manufacturer of a product shall be liable to a consumer for damages proximately caused by a characteristic of the product that renders the product defective when such damage arose from a reasonably anticipated use of the product by a consumer.

A provider of services shall be liable to a consumer for damages proximately caused by the provision of services that have caused damage.

In Section 18 and 19 the obligations of manufacturer in relating to the price catalogue and issuing of price receipt have been specifically mentioned;

Upon violation of any provision provided in the Act by the manufacturers or the service providers a claim of damages can be file in the District Consumer Court without any court fees established under PCPA 2005 and salient feature among the others is the `Consumer Court shall decide the claim within six months.

How to Write a Basic Contract Agreement

In legal terms, a contract is any agreement between parties to exchange things of value, such as goods and services for cash. A simple handshake agreement is legally binding, but its terms are not always provable if a dispute arises. However, you don’t necessarily need pages upon pages of legalese. A basic contract agreement often works best for a simple business transaction.

Adult male signs contract

Legal Contracts

  • Under state laws, only a few category of contracts must be in writing, such as a mortgage contract or contracts covering more than a year. It’s still a good idea, however, to have a written agreement for business transactions beyond an ordinary sale of goods. There is no law requiring a lawyer to write your contract. If the transaction is relatively simple, the contract can also be simple. But you also have to pay attention to certain details to avoid issues arising later.

Naming the Parties

  • You begin the contract by naming the parties in the agreement. This may seem obvious, but attorney Mark Cohen of Colorado writes in his article Ten Things to Consider Before Signing a Contract that “a common error is to use the name of a person representing an entity rather than the name of the entity.”

    If you run a business as a sole proprietorship, it would be appropriate to be identified in the contract as John Jones doing business as Jones Plumbing. If you organized your business as a Limited Liability Company, identifying your participation in the contract by your name could remove any personal liability protection that an LLC provides. Similar issues can arise with a partnership if each individual is identified as a party to the contract.

    Except for a sole proprietorship, enter your business entity’s name and not a personal name as a party to the contract. Otherwise, Cohen adds, “you will be personally ‘on the hook’ and you have lost the limited liability that was likely one of your reasons for forming the entity in the first place. Never blur the distinction between you and the entity you own or represent.”

Define the Scope of the Work

  • The terms constitute the body of the contract. Start off by clearly defining what it is the scope of the work or service you are to provide, and the timeline you propose to complete the work. Be specific. Don’t simply say you will renovate a client’s kitchen. Provide details of the cabinet designs, countertops, and other materials and work you will provide. If applicable, give a timeframe for each phase of a project.

Specify Time and Amounts of Payments

  • Entering your hourly rate and projected time for completion, or the total amount of payment for the project may not be enough. Depending on the project’s scope, the contract should include:
    • Any portion of fees to be paid upfront.
    • Any fees to be paid at milestones as a project proceeds.
    • Payment for work completed if a client cancels the contract.
    • Late fees if the client doesn’t pay on time.
    • Hourly rate for your time due to delays caused by the client or for client’s request to perform additional work.

Sign and Date the Contract

  • “If an entity is a party to a contract, it is imperative that the signature block properly identifies the party signing on behalf of that entity,” writes Michigan attorney Michael J. Hamblin in his website’s article How to Properly Sign a Contract so It Will Be Enforceable. The signature block should name the entity, then under the signature, the name and title of the person signing, such as:

    Jones Plumbing, LLC
    By:__
    John Jones
    Manager

    Each signee should include the date next to the signature.

Who Can Sign

  • For partnerships, only general partners can sign a contract, not a limited partner. For LLC’s, a managing member or a hired manager can sign. For corporations, the company’s president or chief executive officer is presumed to have the authority to sign. For an organization or association, a board president would have the authority, but may require a vote of the governing board to approve the deal.

How to File an International Law Suit

Filing an international lawsuit can be a lengthy, expensive and confusing process. It should be properly mitigated by a professional who knows the laws of both countries and the vagueries of international law. Learn how to file an international law suit without complications.

  • Secure a knowledgeable international law attorney. Do a search online to find the best international lawyers in your price range and to best suit your case.
  • Compile any and all information you’ve collected that will be beneficial to your case. Keep explicit notes and recall every detail of the incident before filing suit. It is best if your notekeeping is done during the events; however, compile them even if they are written later, since it will help your counsel.
  • Make an appointment to visit with your attorney to discus the future of the case and the strength of your case. Be realistic about your prospects of winning and the costs associated with pursuing your international suit.
  • Do some research on cases similar to yours or the success of cases filed against the nation you are filing suit against. Be proactive in learning about the law along with your attorney so you can stay informed on the process and the limitations of the law internationally.
  • Gather any other parties that may be involved with your suit to help give it momentum and validity. Determine if the size of your case is large enough to employ a team of lawyers to work for you or your party’s behalf, since it will expedite the process.

 

 

How to Become an International Lawyer

International law focuses on laws coming from agreements between nations that may be either explicitly written agreements or implicitly agreed upon values (such as moral code against killing.)

One type of international law is “public international law” which relates to the United Nations and international criminal law. Groups such as Human Rights Watch also fall under public international law as it relates to the Geneva Convention. Private international law relates to laws heard in foreign nations and how those laws apply.

  • Major in international relations, pre-law, or political science as an undergraduate student. While in school take global studies and international focused classes. If there is a particular region of the world where you want to work, study that language.
  • Attend a top law school. The nationally recognized top law schools in the United States include Yale, Harvard, Stanford, and University of Michigan. Go to the best law school that you can get into and study international law.
  • Earn good grades in law school. A good GPA’s in law school is 3.5 or higher as this allows you to graduate “cum laude” while a 3.8 to 4.0 is “summa cum laude.” Good grades allow you to get better associate positions and ultimately into an international law practice.
  • Study abroad through your law school. If your law school offers study abroad programs, attend one during your second or third year of law school. A list of law school study abroad programs can be found in the Resources section.
  • Become a summer associate between your second and third year of law school at a law firm specializing in international law. Examples of law firms specializing in international law include Hogan & Hartson and Latham & Watkins.
  • Take and pass the Bar exam. You need to pass the bar exam (in any state) to become an international lawyer. A Bar exam study site can be found in the Resource section.
  • Join a law firm with an international law focus. Examples of international law firms include Hogan & Hartson and Latham & Watkins.
  • Volunteer with the American Bar Association to work abroad. A list of programs can be found in the Resources section.

 

 

International Law Degree Careers

International law degree recipients can work in a wide variety of careers, from diplomatic posts, political appointments, for nonprofit agencies, international business or trade or for government agencies. Many graduates find themselves taking a number of different types of jobs in the field, acquiring a broad range of skills and contacts along the way to finding the ideal job in international law.

Diplomat

  • One of the major career fields international law degree graduates consider is the foreign service, working as a diplomat. There are approximately 3,000 people working as diplomats for the U.S., and the odds of being hired are relatively slim. A small minority of those who apply and test for positions are appointed. It is a long process, but the test is free.

    Once an applicant passes that exam, she must also pass an oral assessment, a background investigation and medical tests before passing a final review and being placed on a list of candidates.

    The State Department has embassies in 180 countries and has a number of internship opportunities available for students and recent grads that may help a grad get a foot in the door to becoming a diplomat.

    According to salary.com, a senior U.S. diplomat can make in excess of $100,000 a year.

International Nonprofits

  • Nonprofit groups number in the hundreds and focus on various particular regions or interests. While international law degree graduates working for these agencies may not receive the highest salaries, a person may experience a great deal of satisfaction in being a part of making a difference in the world.

    Some examples of nonprofit organizations employing those with international law degrees would include Amnesty International, a humanitarian rights group, or groups that work to relieve hunger, or improve health or living conditions in different parts of the world. International adoption agencies also require lawyers well-versed in various countries' laws regarding adoption. Any nonprofit organization doing work overseas needs legal counsel to operate in another country.

    While the Bureau of Labor Statistics reports the median salary for attorneys in 2008 was $110,590, lawyers with nonprofits typically make less than those in law firms or government positions. To work as a senior counsel for a nonprofit organization, a lawyer needs experience in related work, possibly via an internship.

International Attorney

  • International business companies employs those with international law degrees to help negotiate the legal maze of doing business in another country. Some companies may require an international attorney to live at least part of the time in a foreign country while other companies may only require attorneys to take occasional trips.

    So many corporations do business overseas that the potential career opportunities for those with international law degrees are strong. Those seeking this type of employment do well to have an internship under the belt before applying for this type of job. Options include working for a U.S. law firm that consults with corporations working overseas, or working for a company that keeps lawyers on staff.

    According to the Bureau of Labor Statistics, the middle half of lawyers earned between $74,980 and $163,320 and those working in business would make toward the upper level of that range.

What Is International Business Law?

The idea of international business law is fairly easy to comprehend: It is the standardization of fundamental business practices worldwide. It is a function of increasing global interdependence. International business, by its very structure, transcends national states and is inherently lawless. Since World War II, steps have been taken to change this aspect of business and base it on standard practice.

History

  • Once the United States won the second World War, it sought to standardize business practices worldwide, especially in war-torn Europe. Legal standards were put in place by the American-dominated trading system that sought to create a global regime of free trade using the U.S. dollar as the base currency. Only a major international power such as the postwar U.S. could have made this trade regime work.

Function

  • International business law is a matter of self-interest. To have a single legal framework that governs international transactions saves money by simplifying the costs of compliance. If a firm had to modify its functioning based on each state’s legal structure, the costs of doing business overseas would be very high. Having an international framework saves time and money.

Sources

  • International business law has several sources for basic legislation. Primarily, major financial institutions that back groups such as the International Monetary Fund and the World Bank are major legislators of basic business practices. In addition, regional organizations such as the European Union, the Arab League, and the Association of East Asian Nations are also sources of international law and practice in business. Powerful states such as the U.S., oil producing states and China also have a important role to play in shaping international business legislation. Ultimately, law in this case often becomes compromises among these power centers.

Features

  • The basic features of global business law concern protections for intellectual property, contract enforcement, environmental protection and labor standards. The goal here is to create uniform standards as much as possible. The European Union, for example, has standards on all of these areas that seek to create a uniform European code. This is to facilitate movements of goods and labor across national borders to cut the costs of doing business.

Effects

  • International business law, at its root, is about transcending the nation state as the only source of legal authority. While it is true that businesses must obey local laws, international law has made this adaption much easier. A state that does not implement basic international standards in areas such as eliminating tariffs or making banking practices transparent risks being left out of potentially lucrative global investment. The adoption of international legal standards of business tells the world that this government and this economy is ready to become part of the global community and receive the financial rewards for so doing.

Grounds of intervention in international law under the UN charter

A-     Intervene- to intervene in the affairs of another.

Oppenheim – intervention means dictatorial inference by a state in the affairs of another state for the purpose of maintaining or altering the actual conditions of thing.

Intervention means a country interferes the affairs of another  country by means of force or by any other means.

Examples-

  1. India intervene in the affairs of Pakistan in 1971, when refugees of the Bangladesh flew into west Bangal and the situation was unreasonable for India, the war took place and Bangladesh came as a independence country- this is the example of intervention by force.
  2. America intervene in India and Russia deals of Crio-genic Engines required for rocket technology, due to America diplomatic interventions Russia broke this agreement.

Prohibitions of Intervention

In principle IL prohibits interventions, this prohibitions is the corollary of every state rights to sovereignty, territorial integrity and political independence.

Art2(4) UN charterall member shall retain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the united nations.

Ar2(7) UN charternothing contained in the present charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state.

Grounds of Intervention

As a general principle UN Charter prohibited the Intervention, but Art51 of UN Charterprovide two grounds of Interventions-

  1. 1. Self Defense. Art 51, provides the protection of self defense against the armed attack of an country, but this is subject to the review of the security council, and this right is not available to a non member of UN.

Illustration-

X is the country surrounded with A on the west and B on east fronter of it. After some border incidnet there were some solders killed of each of the state. The X attacts A and B, and occupied major portion of A and B. X take a plea in the security council that X were under the clear threat of attact by A and B and and he started military operations in order to protect its interest.

But X is not justified under the Article of 51 of UN charter of self defence. Because Art 51 permits the rights of self defence only if – an arm attack had not taken place but the contention was that preparations were being made to launch the attacks.

The Caroline case (1841)- there were some Canadian rebellion groups fighting against Britain for independence of Canada. The US used to support them by supplying arms. The Caroline was the name of the American ship by which the America supplies the arms to the rebellion. The Britishers seized this ship which was then in the American port of Scholosser, and took it to Nigara falls within the territory of British Canada. America protested it was a clear illegal intervention. And the matter went to Arbitration and the Arbitrator also held that it was a clear intervention by British.

  1. 2. Collective Intervention- The security council passed a resolution to intervene in matter of Iraqi intervention in Kuwait by sadam hussain  and made the collective intervention in it.

Chapter VII of UN Charter provides other grounds of Interventions:

  1. 1. Humanitarian grounds.- UN is authorized by collective Interventions when Human rights are violated in any country.
  2. 2. Enforcement of treaties rights. Initially it was supposed to be good, but not UN not recognized this intervention to protect the treaties rights.
  3. 3. Intervention to prevent illegal interventions. Kuwait is the best example of this intervention.
  4. 4. Balance of power.
  5. 5. Protection of person and their property- initially it was recognized but, not UN not recognized it as a good means of interventions. And UN also criticized America intervention in Grenada in 1983.
  6. 6. To maintain law and order.
  7. Intervention in civil war– it is also not recognized a good ground to intervene

Conclusion- in view of the above discussion it may be concluded that a state my intervene in the affairs of another state only on the ground of self defense. The UN may intervene in the domestic affairs of members state on the ground of maintained or restoration of international peace and security. That is to say, it can take collective measures or can make collective interventions. The UN can also intervene in case of member’s countries civil war when there are violations of human rights.

Nature and Future of international law

Its Origin- The term international law was first coined by Jeremy Bantham in 1780. It is synonymous with the law of nations.

Larance- The rules which determine the conduct of the general body of civilized States in their mutual dealings.

Larance did not consider the individual role in international law he consider only the mutual dealing rules of civilized states.

Oppenhelim- law of nations or international law is the name for the body of customary and conventional rules which are considered legally binding by civilized states in their intercourse with each other.

Criticism-

A-     Omission of International organization–  it is generally recognized that not only states but international organizations, have rights and duties under international law, even though they may not have all rights and duties which state have.

B-     Civilized State- there are state which has not been considered as a civilized state but they are the part of international law for example China.

C-     Omission of General rule of law- it is generally considered that international law not only consist the customary and conventional rules but also the general principle  of law. A/c to Art 38 of the international court of justice- General Principles of Law recognized by civilized states as the third source of international law.

D-    Static definition- international law is the body of rule now stands changed as static and inadequate, like all other law international law is a living law and dynamic in nature.

Though Oppenheim, lather change his definition of international law and included –

International law is the body of rules which are legally binding on states in their intercourse which each other. These rules are primarily those which govern the relation of states, but sates are not only subjects of international law. International organization and to some extent, also individuals may be subjects of rights conferred and duties imposed by international law.

J.L Briely- The law of nations or international law may be defined as the body of rules and principles of action which are binding upon civilized states in their relations with on another.

Torsten Gihl- the term international law means the body of rules of law which apply within the international community or society of states.

Kelson- body of rules which regulate the conduct of the states in their intercourse with another.

Soviet definition and approach to international law

The norms regulating relations between the states in the process of their struggle and co-operation, expressing the will of the rulings class.

Criticism- the soviet approach more towards  the international personality than the states.

Chinese Definitions and approach to international law.

International law like all other branches of law, is created in determinate stage of mankind social development.

In china international law regarded as a legal  instrument in the service of foreign policy.

This approach also criticize because they also not regarded international organization and individuals as subjects like the soviet. But china now has taken completely U turn and join the WTO.

IL a positive Morality or Weak Law-

Starke has expressed the view that IL is a weak law.

Holland has remarked IL is the vanishing point of jurisprudence, because its followed by courtesy and hence it could not be kept in the category of law.

Some jurisprudents opine that the IL is only the bundle of moral principles and the states are not bound to follow them strictly, and IL is a mere positive morality.

Austin- IL is not a true law, but a code of rules of conduct of moral force only.

HLA Hart– also consider that IL is a mere morality, because there is no element exist which law requires like

  • It has not binding force on states.
  • It is not back by the Sanctions.

IL is a weak law

Strong Law

No superior political authority.

The development of international organization proved to be the legal organ of IL for example UN organ help to focus attention upon the need for mutual observance of the rules.

No legislation machinery

The constitution instruments of the international organization represent an advanced stage of the development of international law. It has introduced a quasi-legislative element in the law making process at the expense of contractual element, facilitating a quicker response to the problems of international social order.

Lack of sanctions.

It has the sanctions power- Common law of England is the true example of it. The constitution of united state of America provides sanction to international law, as it part of their law. Further the charter of United Nations proclaims sanctions behind it.

Lack of enforcement power or effective executive authority

For example Art 21 of the constitution of WHO bind its member states to undertake the obligation to take action relative to the acceptance of the conventions.

Lack of judiciary mechanism.

International Court of Justice. And under the Art 59 of ICJ its decisions are binding upon the parties to a disputes.

Importance of International law-

International law in one shape or another has existed in almost all climes and ages. It is true that conception of a family or one world was foreign to the ancient world, but nevertheless nations came into contact with one another and as a result of the contact there sprang up international trade, rules regarding the declaration and conduct of war, treaties and diplomatic privileges..

To grow economically, politically, and technologically state has to interact with each other.

Traditional IL and new IL- the independence of the nations is one of the corner stones of the new law of nations. The traditional IL was envisaged as a law governing the relations of sovereign states with each other. And the new international law not only the states but also considering the international organization, and to some extant the individual have the rights and duties towards IL. The development of league of nations was a great landmark for this new development which culminated in the establishment of the united nations.

Ancient Interne national law.

The history of international law can be seen in ancient history as well, in Ramayana, Mahabharat, and Bhagwat geet . the rule of governing war, peace and neutrality based on Dharma. They attached the due importance to the inviolability of a duta or ambassador.

The elaborated form of International law the government and foreign affairs  can be seen in Kautilya Arthashatra and Nitishatra of Kamandka,

Oppenheim- Observes that Greeks left to history the example that independent sovereign State can live in a community which provides a law for  the national relations of the member States provided that there exist some common interest and aims which bind these state together.

Romans- also advocated the importance of international law.

Crisis/ Challenge in IL.

Rapid scientific and technological progress.- this brought the crisis in IL, this crisis is nothing more than a tension between the needs of stability and the demand of change. The new demands of the new countries did not mean total rejection of traditional legal system but merely readjustment of the old law to the new conditions.

In times of rapid political economic, and technological changes, the development of law both within and among states tends to lag behind, its content becomes unstable and uncertain, and its effectiveness is minimized.

The braking of Soviet Union- crisis of world power.

Nuclear war.

Environment degradation.

Terrorism

Suggestion for improving IL-

  • ICJ should be compulsory jurisdiction.
  • International criminal court should be established.
  • IL should be codified.
  • Enforcement machinery should be strengthened.
  • International bureau of investigation and prosecution should be established.
  • UN charter should be amended and it authorized to intervene in domestic jurisdiction.

Conclusion- it is the body of rules which regulates the conduct and relations of the members of international community. The contention that state alone are subject of international law is not only inconsistent with the changing character of international law but has become completely obsolete and inadequate. And it is not static but like a all living law. We can not ignored the importance of IL, by saying that it is a weak law, because municipal law operates in centralized manner and IL operates in decentralized manner.

Relationship/conflict between national law and international law

The relationship between international and national law is one of the most fascinating, inconsistent, and complex issues that could come up in the context of the application of international law. It is constantly assumed that there is unavoidably some level of friction or contention between the spheres of international and national law. A number of critics argue that national law follows international law in the hierarchy of legal rules since international law legalizes the existence of a state. Conversely, others argue that international law does not have the maturity that enables it to take over and this is manifest in the existence of the state sovereignty and the need for the endorsement and integration of international treaties by the constitutional institutes in each state to stamp it as valid.

The legal standing of international laws within nations differs considerably. For instance, their level of significance with respect to the rules of national law is very different.  In some cases, national solutions are founded on the Constitution itself (e.g. France, Spain, the Netherlands, Portugal, Greece) while in others cases they have emerged from practice and particularly from the case-law of the higher courts (Italy, Belgium, Luxembourg, Switzerland).

International Law is the law that governs the affairs of sovereign independent States amongst themselves. National law is the law of a State or country and in that respect is opposed to International Law which comprises regulations which developed States regard as binding upon them in their mutual relations.National law regulates the conduct of individuals while International law regulates the behavior of States. National law is concerned with the domestic affairs of the State whereas International Law is concerned with the external affairs of the State (its foreign relations).

There is a variance of opinion on the question as to whether International Law and National Law on the different national laws can be said to form an accord being manifestations of a single notion of law or whether International Law comprises an independent system of law fundamentally different from the National Law. The former theory is referred to as monistic while the latter is referred to as dualistic.

Monist and Dualist Theories

Monistic Theory assumes that the national and international legal systems as fundamentally the same. Both national legal regulations and international regulations that a state has accepted, for instance by way of a treaty, determine whether an action is lawful or unlawful. In most monist countries, there is a difference between international law in the form of treaties, and other international law. International law does not have to be translated into national law. The act of endorsing the international law instantly integrates the law into national law. International law can be applied directly by a national judge, and can be cited directly by citizens, just as if it were national law. A judge can pronounce a national statute invalid if it is in contradiction with international regulations because, in some countries, the latter have priority. In other countries, like in Germany, treaties have a similar effect as legislation, and by the principle of lex posterior, only take precedence over national law enacted before their endorsement.In its most pure form, monism dictates that national law that is in contradiction with international law is null and void, even if it existed before international law, and even if it is the constitution. From a human rights viewpoint, for instance, this has some benefits. Suppose a state has accepted a human rights treaty but some of its national regulations limit the freedom of the press. A citizen of that state, who is being indicted by his country for breaching this national law, can cite the human rights treaty in a national courtroom and can request the judge to apply this treaty and to declare that the national law is null and void. The accused does not have to wait for national law that translates international law.

Dualistic theory emphasizes the difference between national and international law, and obliges the translation of the latter into the former. The absence of this translation implies that international law does not exist as law. International law also has to be national law, or it is not a law by any means. If a country accepts a treaty but does not adjust its national law so as to conform to the treaty or does not make up a national law overtly incorporating the treaty, then it contravenes international law. Nevertheless, it cannot be alleged that the treaty has become part of national law. The international law cannot be relied on by citizens and it cannot be applied by judges. National laws that are in contradiction with it remain operational. According to dualists, state judges never apply international law unless it has been translated into national law. If international law cannot be directly applied, like in dualist systems, then it has to be translated into national law, and national law that is in contradiction with international law must be translated away.It has to be amended or purged so as to conform to international law. From a human rights perspective, if a human rights treaty is accepted simply for political motives, and states have no intention of fully translating it into national law, then the enactment of the treaty is very tentative.

Source of International law

The sources of international law can be divided into following categories:

  1. International conventions.
  2. International customs.
  3. General principles of law recognized by the civilized states.
  4. Decisions of judicial or arbitral tribunals and judicial works.
  5. Decisions or determinations of international organizations.

Article 38 of International Court of Justice (ICJ) recognized the following sources for IL:

  1. 1. International conventions.
  2. 2. International customs.
  3. 3. General principles of law recognized by the civilized states.
  4. 4. Decisions of judicial or arbitral tribunals and judicial works.

International conventions- Art 38 of ICJ consider it as the first source of IL. A/c to Hudson Conventions is used in a general and inclusive sense. It would seem to apply to any –treaty, agreement, and protocol. A convention may be general either because the numbers of parties or character of it or it may be particular which deals with specific parties.

Whenever an international tribunal decides any disputes between any states, it first seeks whether there is any treaty between the parties if there is a treaty between the parties the tribunals is bound to follow the rules laid down by the respective treaty. As schwarzenberger rightly describe the treaty – treaty are agreement between subjects of international law creating a binding obligations in international law.

Reference can be made by Art 26 of Vienna Convention on the law of treaty which applies the rule of Pacta Sunta Servanda – means treaty is the binding force upon the party and it must be performed by them in a good faith.

Protocol is the supplement of treaty, it use as a modification of treaty.

Vienna Convention on the law of Treaties –

It is of two kinds

  1. Law making treaties.- this type of treaties perform the same functions in the international field as legislation does in the State files. it can again be divided into two types-
    1. I.            Treaties enunciating rules of International law- example UN charter.
    2. II.            International treaties which lay down general principle.- example Geneva Conventions on the law of sea, and Vienna Convention on the Law of Treaties.
    3. Treaty contract. In this treaty two or more State are entered into contract sort of thing. And these treaties are binding on the parties.
  1. International Customs.- it is the oldest and the original source, of international as well as of law in general. Customary rule are the rules which have been developed in a long process of historical development.  The customs arose from the natural principles of justice and public utility. The sanction of the custom means the people of the nations accepted it. And it deserved the sanction of law also. As Salmond rightly said- customs is to society and law is to sate. Art 38(b) of ICJ recognizes custom as evidence of general practice accepted by law.

In order to understand the meaning of custom we have to understand the meaning of usages. Usage is in fact is the early stage of custom. In other words those habits which are often repeated by the States. –Satrk- where a custom begins where usages ends.. usage is an international habit of action that has yet not received full legal attestation. It is not necessary that usages always become the custom.

Ingredients of Customs-

  1. 1. Long duration.
  2. 2. Uniformity.
  3. 3. Generality of practice.
  4. 4. Acceptance of law.
  1. 4. General principle of law recognized by civilized state. Means those rules which we find repeated in much the same from in the developed systems of law, either because they have a common origin as in Roman law or because they express a necessary response to certain basic needs of human associations.

International court has recognized the general principle of law such as- good faith, responsibility, prescription, res judicata etc.

  1. 5. Decisions of Judicial or Arbitral Tribunals and Justice Works-

ICJ decisions- it is the main international judicial tribunal, but it is to be noted that its decisions are not binding nature. Art 59 of ICJ says that-  no binding force except between the parties and in respect of that particular case.

Jurist Work- although juristic works cannot be treated as an independent source of international law yet the view of the jurist may help in the development of law.

  1. International organizations- such as WTO,WHO etc.
  1. Other source of International Law-
    1. I.            International comity – the mutual relation of states are based on the principle of comity, when a state behaves in a particular way with other states, the later have also to behave in the same way.
    2. II.            State paper- when one state send letters to each other for mutual interests. These letters are sometimes published. A study of these letters sometimes revelas that certain principles are repeatedly followed by states in their mutual intercourse.

International Law And Municipal Law: The Interface

Introduction

It is the nature of man to live in communities.  He lives in this fashion in every part of the world today, and the evidence of history and pre-history shows how long he has been doing so.  But then it must be noted that where people live together conflict is bound to arise due to various conflicting interests among the people.  Also, bearing in mind that everybody tries to work hard, obtains basic needs and all other things which help to make life happy and comfortable which are incidentally in short supply, since the supply is always in short in proportion to the demand, competition for them sets in.  It is a race in which we all engage, and in every race or game there must be rules and regulations. Else, we are moving towards the ‘state of nature’ as enunciated by Hobbes.  Therefore, the existence of rules and regulations (law) becomes a sine qua non to the peaceful co-existence of people and nations all over the world.

This chapter therefore, attempts a critical examination of International and Municipal laws.  The chapter is divided into three parts.  Part one which is the introduction provides theoretical background for the work.  In it, clarifications of some concepts that are germane to the study are done.  It also looks briefly at purposes and characteristics of law.   Part two compares vividly international law and municipal law looking at the debate on the relationship between the two using the contending theories.  Part three, which is the concluding aspect, presents a complementary nature of international law and municipal law, thereby viewing both laws as real, irrespective of their peculiarities.

Understanding the Concepts

Since conceptual clarification is a form of intellectual ritual that gives clarity and validity to any discussion, it is therefore necessary to explain concepts that are germane to this study for the purpose of deeper understanding.

The Concept of Law

There have been various definitions of law by different scholars across the global intellectual communities.  These definitions exist, ranging from the philosophical to the practical, Plato called law social control; William Blackstone (1977) sees law as rule, specifying what was right and what was wrong.  For the purpose of this study, law is viewed as a body of rules that establish a certain level of social conduct, or duties that members of the society honour (Davidson, 1998:3).

Law simply means an arrangement that coordinates and confines people’s behaviours to conform to an agreed general ways of human conduct in a given society, with a threat of sanctions against defiant behaviours. Inferred from the above definitions is the need to obey the law. This is because disobedience may attract sanctions that may result in imprisonment, fine or death, depending on the nature of offence. Law may also be defined as a body of rules or regulations governing the conduct of human beings in their social regulations.

The Concept of Municipal Law

Municipal law is the internal law of the state, binding on the citizens of the state.  It is defined as the domestic law of a state regulating the conduct of individuals and legal entities within it (Aguda, 1999).  It is national or internal law of a state.  Shaw sees municipal law as law that governs the domestic aspects of government and deals with issues between individuals and the administrative apparatus (Shaw, 1997:105).

The Concept of International Law

It is an indisputable fact that international law is a victim of definitional pluralism; this is because many scholarly definitions have been given to it by various scholars of repute from different perspectives.  Some of these definitions will be explored for the purpose of this study.

Khan et al (1968) defines it as a ‘body of rules, laws, and norms, which serves to limit the sovereignty of state in the international society.  Oppenheim (1995) sees it as the ‘body of customary and treaty rules which are considered legally binding by states, in their intercourse with each other.’  Jessup (1968) presents it as the body of laws, which is applicable to states in their relations and to individuals in their relations to other states.  In the same vein,  Kolawole (1997, 278) defines international law or what he calls the ‘law of nations’ as the body of rules and principles of action which are binding upon civilised states in their relations with one another.  International law is the law at the international level made by the collective will of states and to lesser degree organisation and individuals (Shaw, 1997, 105).  In essence, international law is a body of generally accepted principles and rules regulating or controlling the conduct of states, individuals and international organisations for the purpose of peaceful coexistence in the international plane.

Dimensions of International Law

            The scope of international law can be categorised into six broad items, namely: one, the law of peace, which seeks the peaceful settlement of international disputes.  Two, the law of war, since conflict is an inevitable outcome of human and states relations, conducts of hostilities, must conform with laid-down regulations in terms of types of military wares and ammunition to be used, and stages of their utilisation, targets and non targets of attack, areas of combat, treatment of civilians, journalists and prisoners of war and refuges; and the duties of humanitarian agencies such as the Red-Cross otherwise called ‘doctor without borders’. Three, the law of neutrality, international law forbids aggression on neutral states in war.  It also spells out reciprocal responsibilities for neutral states.  Law forbids them to render any form of assistance whatever military or civil to any of the parties engaged in hostility.  Four, mercantile laws, which relate to regulations on international trade, foreign investment and multi-lateral trade agreements by states.

Five, is the law of the sea.  The sea is very vital to the world economy as it provides varied marine food and mineral resources. It serves as a means of international transportation, and it serves as strategic resource for national defence.  For these reasons, nations have fought wars over marine resources.  Consequently, activities of states in the sea need to be regulated in order to present inter-state disputes.  Six, convention on the use of outer spaces.  The law regulates the exploration and launching of objects into outer space (Ajayi, 2000).

Characteristics and Purposes of Law

The inherent nature of human beings is their unpredictability in terms of behavioural conduct. States, groups and international organisations, like individuals who constitute membership of these social formations, suffer from this innate problem.  Therefore, for law to really serve its purposes, a competent and constituted body that has recognised authority must make such law.  It must also be ultimately enforceable; any law that cannot be enforced is no law.  It must also be dynamic because society in which it operates is dynamic.  Law should also be consensual.  International law is one of consensus rather than one of force.  Even in the national society laws are only laws when one consents to it.  It might be out of fear of reprisal or coercion.

Law generally serves the following purposes in any society.  Law regulates conduct, maintains peace, and provides protection and means of achieving justice.

Specifically, law serves as a tool of order; as a tool order, it promotes order within the national and international society.  There is no denying the fact that a comprehensive set of rules, regulations, obligations, rights, legal doctrines and decisions of national and international tribunals on legal matters does help to promote international order.  Law regulates the behaviour of the citizenry.  Without law, society would have been disorganised and become ungovernable (Kolawole, 1997).

A scholar have identified the functions of international law, which include minimising frictions between and among states, stabilising the behaviour of states, facilitating cooperation between and among states, protecting individuals, settling disputes and serving as a tool of public relations and propaganda (Adeniran, 1983).

International law also serves as an instrument of national policy.  It contributes to a nation’s means of attaining its objectives in foreign policy.  It also serves as integrative force, in the world community, since no state can live in isolation, it atomised the entire states and people of the world into one whole as they are all subjects of the law without prejudice to race, colour or class (Ajayi, 2000).

Comparing International Law and Municipal Law

The relationship between international law and municipal law is full of theoretical problems.  The international legal literature on the subject records two main principal theories involved in the debate.  But it is to be noted that this part does not necessarily distinguish or differentiate international law from municipal law or give one primacy over the other, but rather, justifies the existence of both laws as laws in the real sense of it.  Although, some of the arguments put forward by different schools of thought to explain the relationship between the two laws will be explored for theoretical explanation and academic consumption.

The dualist or pluralist school of thought assumes that international law and municipal law are two separate legal systems, which exist independently of each other (Malanczuk, 1997, 63-71).  Dualism stresses that the rules of the systems of international and municipal laws exist separately and cannot purport to have effect on, or overrule the other.  This according to the school is because of the fundamentally different legal structure employed on one hand by the state, and on the other hand as between states (Malanczuk, 1997).

The dualist position is accepted by the posivists like Triepel and Anzillot.  Triepel maintains that international law must be incorporated into the municipal law, because the subject of state is the individual whereas the subject of international law is abstract entity known as the state.  Since subjects are not the same, there has to be a transformation from one to the other, i.e. international law has to be transformed into the state law before it can be applied to individuals.  This process is also called ‘Transformation theory’.  The claim of Triepel as regards state as only subject of international law can no longer be sacrosanct due to dynamism in law.  In the contemporary international law, individuals are seen as subject but with limited capacity.

The 1945 Nuremberg Trial made individuals subject of international law; there was also Angola Trial, etc.  Anzilloti (1967) talks of the conditioning of the two laws.  In his opinionated view, state laws are imperatival and hence it has to be obeyed, whereas international law is in the nature of promises; it is therefore necessary to transform a promise into command before it becomes applicable in the municipal law.  The position also is not sacrosanct, in the sense that law is not necessarily command, people obey the law when they consent to it and often times people obey because of the possible gains that can be acquired.

The second school of thought known as Monist, has a unitary perception of the law and understands both international law and municipal law as forming part of one and the same legal order.  The most radical version of the Monist approach was formulated by Kelsen, in his view, ‘the ultimate source of validity of all law’, is derived from a basic rule of international law.

Kelsen theory implies that all rules of international law were supreme over municipal law, that a municipal law inconsistent with international law was automatically null and void and that rules of international law were directly applicable in the domestic spheres of state.  Kelsen’s view was on formalistic logical grounds.  They opposed strict division of the two laws as demonstrated by the dualists and accept the unitary view of law as a whole.  Kelsen utilises the philosophy of Kant as its basis.

Law is regarded as constituting an order which lays down patterns of behaviour that ought to be followed, coupled with the provision for sanctions, which are employed once an illegal act or course of conduct has occurred or been embarked upon.  Since the same definition implies both within internal sphere and international sphere, a logical unity is forged. Since states own their legal relationship to the roles of international law, and since states cannot be equal before the law without a rule to that effect, it follows that international law is superior to or more basic than municipal law.

Kelsen emphasises the unity of the entire legal order upon the basis of the predominance of international law by declaring that it is the basic norm of the international legal order, which is the ultimate reason of validity of the national legal orders too (Kelsen, 1997).

Lauterpacht in his contribution uphold a strong ethical position with deep concern for human right.  He sees the primary function of law as concerned with the well-being of individuals and advocates the supremacy of international law as the best method of attaining this.

Interestingly, Article 27 of the Vienna Convention on the law of treaties states that: a party may not invoke the provisions of its internal laws as justification for its failure to carry out an international agreement.  However, expression on the supremacy on the international law over municipal law in international tribunals does not mean that the provisions of domestic legislation are either irrelevant or necessary.  On the contrary, the role of international legal rules is vital to the working of the international legal machine.

One of the ways that is possible to understand and discover a state’s legal position on a variety of topic important to international law is by examining the municipal laws.  A country will express its opinion on such vital international matter at the extent of its territorial sea or the justification it claims or the conditions for the acquisition of nationality through the medium of its domestic law making.  Thus, it is quite often that in the course of deciding a case before it, an international court will feel the necessity to make a study of relevant pieces of municipal legislation.  The rules of municipal law can be utilised as evidences of compliance or non-compliance with international obligations (Shaw, 1997).

Complementary Nature of International Law and Municipal Law

International law does not entirely ignore municipal law.  For example, municipal law may be used as evidence of international custom or of general principles of law, which are both sources of international law.  Moreover, international law leaves certain questions to be decided by the municipal law (Akhurst, 1977).

Harmonisation theory succinctly provides an answer to the true relationship of the two laws by asserting that:

The starting point in the legal order is that man lives not in one jurisdiction, but in both.  International law and municipal law are concordant bodies of doctrine, autonomous but harmonious in their aim of basic human good.  When faced with an actual problem, a municipal court applies the rules operative within its jurisdiction and may in fact, apply international law to the exclusion of municipal law, or vice-versa (Aguda, 1993: 32).

A treaty or other rule of international law imposes an obligation on states to enact a particular rule as part of their own municipal law.  Similarly, there is a general duty for states to bring domestic law into conformity with obligation under international law either through transformation, incorporation, adoption or reception, e.g. treaties ratified in accordance with the constitution automatically become part of the municipal law of the USA.  In Britain, the traditional rule is that customary international law automatically forms part of English law (Akhurst, 1977).

In a case before a municipal court, a rule of international law may be brought forward as a defence to a charge.  For example, a vessel may be prosecuted for being in what the domestic terms is regarded as territorial waters, but in international law, it would be treated as part of the high seas.

Okeke (1986:6) puts it in this manner:

…as states grow in their international outlook, and as they participate in either the creation of new rules of international law or in the re-definition of the already existing ones, it must be borne in mind that the world is now advancing on the principle of interdependence and mutual cooperation.  The age of holding tenaciously to the principle of absolute sovereignty is far gone.  Indeed, a state by taking laws to be in conformity with international law is a legitimate exercise of the sovereignty of such a state.

Okeke’s position stresses the dynamism in law and the society, when the law operates and the need for global intercourse of nation for global benefits; and such interaction must be regulated with law both at national and international levels so as to have peaceful and ordered world.

Okeke in his analysis cited a section each from the constitution of Germany and the United States of America to affirm the interconnectedness of international and municipal laws. The constitution of the Federal Republic of Germany provides:

 

            The general rules of public international law are an integral

             part of the federal law. They shall take precedence over the

            laws and shall directly create rights and duties for the inhabitants

             of the federal territory (Okeke, 1986).

In the same manner, the American constitution also provides:

            The constitution and the laws of the United States, which shall

             be made in pursuance thereof, and all treaties made, or which

             shall be the supreme law of the land, and the judges in every state

             shall be bound thereby, and everything in the constitution or laws

             of any state to the contrary notwithstanding.

In addition, the rule of the municipal law can be utilised as evidences of compliance or non-compliance with international obligations, e.g. the issue of respect of fundamental human rights.  Though, in some countries the law will sometimes fail to reflect the correct rule of international law, but this does not necessarily mean that states will be breaking international law.

Conclusion

From the submissions above, ranging from definitions of law, characteristics and purposes to relationship and complimentary nature of municipal law and international law, it is clear that both laws possess the qualities of law and all that takes to be called laws.  They serve the same purposes and perform functions of law because they are meant to regulate conduct, maintain peace, provide protection, achieve justice, etc.  They are both enforceable; they have different mechanisms of enforcement and agencies.  They are both dynamic in nature, they are made by competent and recognised authority, etc.  As a matter of fact, both laws have been able to work towards achieving well ordered societies, which is the ultimate goal of any law.  Therefore, international law and municipal laws are real laws.

How to Write a Law School Essay

Law-school essay examinations can be frustrating and overwhelming. A technique known as IRAC (issue, rule, application and conclusion) is useful for writing the standard law-school essay. Follow this general guideline and the steps below to write your law-school essay exams.

  • Read through the entire essay exam question several times carefully. Pay close attention to the question asked.
  • Spot the issues relevant to the question and organize them into a logical order on scrap paper.
  • Describe the most important issue in detail as the first sentence of your essay.
  • Explain the legal rule that applies to this issue, giving a clear and concise description of the law. Note the leading cases, how the courts apply the law, limitations of the rule and policy considerations that support the law.
  • Apply the rule of law to the particular facts presented in the essay question. Explain your thought process and demonstrate to the professor that you understand how the rule is used in this context. Sometimes it is necessary to show why a rule does not apply.
  • Conclude the essay with a short statement that summarizes your position and answers the question.
  • Repeat steps 3 through 6 for every issue you noted on your scrap-paper outline.
  • Budget your time carefully. Often the biggest obstacle in taking a law-school essay exam is the clock.

Tips & Warnings

  • Law school essays are often full of superfluous information. Sift through the unnecessary facts and focus on those that relate to the question presented.
  • A short outline on scrap paper that details the issues and facts relevant to each topic is a good way to organize your thoughts. Number the issues in order of importance so if you run out of time, you have covered the most significant topics first.
  • Applying the law to the facts of the specific case is the most important section of the essay.
  • Analogies are good ways to demonstrate your understanding of a rule of law.

 

The Best Undergraduate Degrees to Prepare for Law School

There is no specific undergraduate major required for admission into law school. Nevertheless, there are degrees that better prepare you for the reading, writing, researching and critical analysis that are required of a law student. Ultimately, you should consider undergraduate majors that interest, challenge, and give you a broad range of basic skills and knowledge.

Political Science

  • Political science, the top undergraduate major of law school applicants, is the study of politics and law. Specifically, as a political science major, you’ll study how laws are made, the individuals who make them at the local, state, and national levels and how laws are interpreted and implemented. In the process, you’ll learn analytic, research, and writing skills as well as a broad understanding of human behavior and social interaction – – all of which are useful to law students.

Economics

  • The study of economics involves deciding how individuals, businesses, and societies allocate their resources, including their time and money. Specifically, economists carefully analyze the relationship among production, distribution, and consumption of goods and services. The problem-solving and research skills involved in such activities are similar to those used as a law student. Management and organization skills are also part of an economics major, both of which are useful in organizing and managing the vast the vast amounts of research and information compiled in law school.

English

  • As an English major, you will focus on reading literature, studying language, and writing. Analyzing literature and language can help to develop your problem-solving skills, improve your writing, and sharpen your reading abilities, all of which are useful in law school. A degree in English can also sharpen your oral communication and listening abilities as well as give a broad understanding of key topics in literature, including law, politics, history, and social interactions.

Philosophy

  • Philosophy is the study of fundamental and general problems, especially those related to our existence, knowledge, and values. Many of the strengths demanded in law school, including the ability to read challenging and persuasively argued written material quickly and to deduce the main idea of an argument, as well as to analyze and give arguments, are skills which come with the study of philosophy.

 

How to Get Into Law School

There is no specific undergraduate major required for admission into law school. Nevertheless, there are degrees that better prepare you for the reading, writing, researching and critical analysis that are required of a law student. Ultimately, you should consider undergraduate majors that interest, challenge, and give you a broad range of basic skills and knowledge.

Political Science

  • Political science, the top undergraduate major of law school applicants, is the study of politics and law. Specifically, as a political science major, you’ll study how laws are made, the individuals who make them at the local, state, and national levels and how laws are interpreted and implemented. In the process, you’ll learn analytic, research, and writing skills as well as a broad understanding of human behavior and social interaction – – all of which are useful to law students.

Economics

  • The study of economics involves deciding how individuals, businesses, and societies allocate their resources, including their time and money. Specifically, economists carefully analyze the relationship among production, distribution, and consumption of goods and services. The problem-solving and research skills involved in such activities are similar to those used as a law student. Management and organization skills are also part of an economics major, both of which are useful in organizing and managing the vast the vast amounts of research and information compiled in law school.

English

  • As an English major, you will focus on reading literature, studying language, and writing. Analyzing literature and language can help to develop your problem-solving skills, improve your writing, and sharpen your reading abilities, all of which are useful in law school. A degree in English can also sharpen your oral communication and listening abilities as well as give a broad understanding of key topics in literature, including law, politics, history, and social interactions.

Philosophy

  • Philosophy is the study of fundamental and general problems, especially those related to our existence, knowledge, and values. Many of the strengths demanded in law school, including the ability to read challenging and persuasively argued written material quickly and to deduce the main idea of an argument, as well as to analyze and give arguments, are skills which come with the study of philosophy.

 

Aba approved law schools

If you’re looking for a career as a paralegal, finding the right school can be challenging. Not only should you be looking for a top ranked education, but you should be looking to ensure job placement after completing your degree. While there are a lot of items to consider when looking into a paralegal program, few aspects are as critical as being approved by the American Bar Association (ABA). ABA approval is a mark of excellence within the legal profession.

According to the American Bar Association, “Law schools approved by the American Bar Association (ABA) provide a legal education which meets a minimum set of standards as promulgated by the ABA. Every jurisdiction in the United States has determined that graduates of ABA-approved law schools are able to sit for the bar in their respective jurisdictions. The role that the ABA plays as the national accrediting body has enabled accreditation to become unified and national in scope rather than fragmented, with the potential for inconsistency, among the 50 states, the District of Columbia, the Commonwealth of Puerto Rico,

ABA approved Paralegal institutions offer Associate of Applied Science, Post Degree Certificate, (only those who have already obtained a bachelor or associate degree are qualified). Bachelor of Science degree on Paralegal Studies and Certificate in Legal Nurse Consulting are two other programs offered by ABA approved paralegal study institutions.

Training is an essential part in becoming a paralegal. Without proper paralegal training an individual will not be able to handle the challenges of working for an attorney. In fact, most attorneys will not hire someone without paralegal training. Additionally, most lawyers prefer working with paralegals who have obtained a certificate through an ABA Approved program.

Also problematic is the fact that most of the ranking are based, at least in part, on the subjective opinions of individuals at the various schools. Of course, such subjective opinions are likely to simply reinforce the historical opinions regarding the “top tier” law schools. Indeed, if you look at these rankings historically, you will find that they really haven’t changed much over the years.

A career in Law can be very stressful, but also very satisfying and lucrative. The average annual income for practicing attorneys is between $64,000 and $143,000. Lawyers employed in the private sector are typically paid more than those who practice in the public sector.

If you are just starting out with no related experience or education in law, you might want to get your feet wet with a course in Legal and Paralegal. A legal paralegal course would be a great testing ground to see if you are really ready to start on the path to law school, and it would give you the leading edge once your legal studies begin in earnest.

This can be helpful to know since there are more than one thousand institutions which are offering paralegal courses. Going through each of them so that you can be able to determine the ones that are offering ABA approved paralegal courses can be quite a hassle.

When you are looking into an online law degree program, it is important to check whether the program has the proper accreditation. That usually means accreditation by the American Bar Association (ABA), which is the leading national association for attorneys in the United States. If the program you take does not have the approval of the ABA, then you will not be allowed to sit for a bar exam in any state with the possible exception of California. (Programs accredited by the Committee of Bar Examiners of the State of California may qualify law students to sit for the bar exam, but only in California.)

Best Law School- Interesting Hints About Law School

As you devour this article, remember that the rest of it contains valuable information related to best law school and in some way related to Massachusetts law schools, LSAT application, top one hundred law schools or mass school of law for your reading pleasure.

Unfortunately, most prospective law students don’t start paying attention to the process soon enough. Ideally, preparation for your law school application should begin years in advance. Obviously, one of the benefits of thinking this far ahead is an ability to attend to one’s undergraduate courses and grades. For better or worse, your undergraduate GPA will play an important part in your Harvard Law School application, so you want this as close to a 4.0 as possible.

There are thousands of applicants to law schools all over the world each year. Most of the applicants fall between the ages of 22 through 25, some between 26 and 29, and a small percent between the ages of 30 to 34 years of age. More than 84,000 applicants in 2007 alone into America’s law schools; it is safe to say that many people are choosing law as their desired career. A huge part of going into law is choosing the right law school which is a choice that varies for every future law student. Therefore, how do you choose the right law school?

Do you think you know how to get into law school? We are not done yet… You will also need to have a pretty terrific resume put together. You will need to show volunteer hours and any internship activities if you have them. Your resume will need to show previous employment and education. When you finally have everything you need then you are ready to apply. There may be an in person interview required as well. With hard work and determination, you will get into the law school of your choice and begin working on your soon to be career. After about 3 years you will be known as a lawyer.

If this article still doesn’t answer your specific best law school quest, then don’t forget that you can conduct more searches on any of the major search engines like Search Yahoo Dot Com to get specific best law school information.

The admissions process to this California law school is such a hefty one that many people don’t even submit an application and pay the fee, as it is very difficult to get into the school. All of the applications to this school are hand-read by people, gone over with the intensity that is given to every single potential student. There are thousands of applications to be read and very few of them are actually admitted into the school, as well as the different letters of recommendation and individual grade point averages and test scores.

Maybe you’re a paralegal and you’re considering undertaking a law degree as a logical next step in your career path. If this is the type of situation you are in as a working professional, then you probably already have plans for what you’ll do with your law degree, and are in the happy situation of having many transferable skills from your professional life that you can bring into your new life as a law school student.

If you want to be able to be as prepared for the law school admission test as you possibly can, you should find out just how the test is scored. You don’t have to get every single question right, but knowing how to answer the questions and whether or not it is better to leave a question blank or potentially answer it wrong is part of knowing how to take the test.

Many people that searched for best law school also searched online for George Washington university law school ranking, LSAT prep book, and even law school ranks.

Top Asian Law Schools or Colleges

Education plays a pivotal role in the success of any nation. The countries which realized that fact have prospered really well. Besides having good schools that provide both A Level and O Level courses, these countries also possess number of colleges and universities. These higher educational institutes offer degrees in the field of medicine, engineering, accountancy and business administration. Moreover, degree in law and many other fields is also offered for the students.

Students are really concerned about the selection of law colleges. They always want to choose the best one and for that they researched a lot and also worked very hard to acquire the required numbers that make them eligible for the admission. If Harvard University, University of Pennsylvania, Yale University, University of California, Berkeley and Stanford University are well known in United States than the Asian continent is also home for some finest law schools.

There is a huge influence of British common law in Asia. However, the top Asian law institutes include both common law and civil law schools. The law faculties at National Law University, India, Peking University China, University of Singapore, Waseda University, Japan and University of Hong Kong are highly rated in this part of the world.

The Far Eastern countries have shown remarkable growth in last few decades in various fields of life. One of the main reasons of their positive GDP is the performance of their tourism sector. In addition to leisure trips, travelers also visited these countries for medical treatment and higher education. Malaysia is a prime example of this whole scenario and completing a law course or availing a law degree from this country means a lot for the students.

Malaysia is known for many reasons and quality of education is certainly one of the salient features of this country. It is not easy to get admission in a law school in Malaysia as the standard of education is very high and law students are required to work really hard.

There are number of colleges and universities that offer Bachelor of Law and Certificate in Legal Practice (CLP) programs and students from not only Malaysia but from all over the globe are enrolled in these programs. The University of Malaya, University Kebangsaan Malaysia, Advance Tertiary College, University of Technology MARA, International Islamic University Malaysia, Advance Management and Technology Centre and University Sultan Zainal Abidin are known for having dynamic law faculties. Further, there are campuses of international universities as well, which are offering both CLP and degrees in law.

The University of Nottingham campus is located in Selangor. It is one of the most prestigious law schools in the entire region, which is recognized for its well accredited faculty. The law department of this university always emphasize on consistent legal research. This place is also renowned for producing some sharp and very successful law graduates.

Kuala Lumpur, the biggest city of this country is also home of International Islamic University and its law center is performing an important role in explaining Muslim law to its students. This place is very popular among the students from entire Muslim world and the reasons are obviously its standard of education and also the high caliber scholars and respectable clerics, who are acting as permanent and visiting faculty in this campus.

The extensively experienced faculty of Malaysian law schools has made them a top choice for the students from entire world.

Law School Scholarships For Single Mothers – $10,000 Scholarship For Single Mothers

Law school scholarships that single mothers can apply for include the Alia Herrera Memorial ATLA Auxiliary Scholarship, The Foundation of the State Bar of California Law School Scholarships, and the Byron Hanke Fellowship among others.  While these school scholarships are not specifically targeted at single mothers, they aim law school students with financial need.  You should do more research on each of these scholarships to see if it matches your needs.

The Alia Herrera Memorial ATLA Auxiliary Scholarship awards $3,000 to second and third year law school students who reside in the Boston area.  The Foundation of the State Bar of California Law School Scholarships award between $2,500 and $7,500 to students enrolled in California Law School for a minimum of one year and who have at least a 2.5 GPA.  Students must have financial need and have good ethical standing.

The Byron Hanke Fellowship awards financial aid between $2,000 and $4,000 to students in the USA and Canada.  The Peggy Browning Fund provides financial assistance to students who have demonstrated an interest in the area of workers rights and the practice of public interest labor law.  More then thirty states in the U.S. have law schools that participate with this fellowship.

Another scholarship for single mothers is the Scholarships4Moms $10,000 scholarship giveaway for single mothers.  The scholarship giveaway occurs around every two weeks.  To register, you need to complete an online, one-page registration form.  To register for this $10,000 scholarship giveaway, go here now.  Remember to register as soon as possible so you will not miss the deadline and your chance to win the scholarship.

Remember to also inquire about more financial assistance that may be available to you from your school’s financial office.  There are many financial sources out there for students seeking higher learning, so it will just be a matter of time and effort before you run into financial aid that will help you finish your studies in a timely manner.

How to Get Into Harvard Law School – Take the LSAT in June

Want a tip for how to get into Harvard Law School? First checkout www.collegellawschool.com and Take the LSAT in June before law schools begin accepting applications. In other words, if you are in college, take the LSAT in June right after you complete your junior year. The test is administered four times per year (February, June, October, and December) at hundreds of locations around the world. Many law schools require that the LSAT be taken in December for admission the following fall.

Do not be fooled. Many who wonder how to get into Harvard Law School forget the primary goal when applying to law school: take advantage of rolling admissions. To do that, you must submit all your applicaion materials right when law schools begin accepting applications, usually in September or October. Your application materials must include your LSAT score to be complete and ready for review. You will not receive your LSAT score, however, until three to four weeks after you take the test (in three weeks by e-mail if you have an online account with LSAC or in four weeks by regular mail).

This problem rules out taking the test in October or December. The goal is for Harvard to have all of your credentials in hand when it receives your application materials. If you take the test in October, Harvard will not have your test score until mid-November. Taking the test in December will not yield a score until January. Thus, taking the test earlier–in June–is imperative. You will have your score by July. You can then focus on the other aspects of the admissions process, like your personal statement or the letters of recommendation. Moreover, you would not have to balance your efforts in those areas with the stressful proccess of studying for the LSAT.

The process of how to get into Harvard Law School requires that you follow this advice and take the LSAT in June at the latest.

How to Get Into Harvard Law School – The Most Important Secret Revealed

The truth is that it is not that difficult!  Getting into the world’s most prestigious law school does not require finding a cure for the common cold or achieving world peace.  It’s a lot simpler than that.  Much, much simpler.

You do not have to be some genius to get into Harvard Law School.  You do not have to attend an Ivy League undergraduate university or attain an LSAT score above 175.  In fact, I got into Harvard without either of these qualifications.

It was not dumbfound luck that got me in.  Instead, there’s one little-known secret for getting admitted.  There are certain tricks you need to follow that will significantly increase your chances.

I have personally reviewed a wealth of information on this subject, and I used that information to get admitted.  I will give a quick summary of the most important tip I learned for getting into Harvard Law School.

The admissions process is the center of it all.  The key phrase to remember when applying to law school is “rolling admissions.”  Sure, may applicants have heard of it.  Many will even claim they know all about it.  Yet, very few ever act on it.

Rolling admissions is the most crucial aspect of the admissions process, and by taking advantage of it, you can easily take charge of and put yourself ahead of the class.  How do you take advantage of it?  Simple: apply as early as possible.  That is what I did.  If you do that, you will significantly increase your chances of getting into Harvard Law School.

This probably sounds too good to be true.  Indeed, applying early has nothing to do with your GPA or LSAT score.  Nevertheless, the reality is that law schools begin reviewing applications the minute they begin receiving them.  Earlier in the process, because they do not have the entire applicant pool before them, their standards are more flexible, and they might admit students who, if they had applied later, they might not have otherwise admitted.

This might sound a bit complicated, but the simple advice is this: if you want to get into Harvard Law School, and if you have acceptable credentials, apply early.  You won’t regret it.

How to Review Legal Contracts

Before you sign a contract you need to read it over carefully so that you understand all of its provisions. Some contracts will be short with very little information, while others will be long with a great deal of information. While entering into any contract is a serious decision, you need to take special care with contracts that involve large amounts of money.
Make sure that you understand every provision of a contract before signing it.
  • Read the entire contract from beginning to end. As you read it make a note of anything that you do not understand. You may want circle that section or make a note about it on a legal pad.
    Read the entire contract and note any section that you do not understand.
    Read the entire contract and note any section that you do not understand.
  • Identify the section that states what goods or services will be provided in the contract. Determine when the goods need to be delivered or the services rendered, and where these tasks will be performed. It should be clear which party is responsible for performing the various tasks, and if the original parties can assign their rights or duties to other parties.
    Be sure you know who is responsible for delivering the goods.
    Be sure you know who is responsible for delivering the goods.
  • State the amout in clear terms. If the words and numbers state different amounts make sure that the contract is corrected so that they state the same amount.
    Make sure that the amount is clearly stated.
    Make sure that the amount is clearly stated.
  • Identify the parties who will be legally bound by the agreement. The contract should list the names and addresses of the parties to the contract. If any of the people who sign hold positions in a corporation, their titles should be listed next to their names.
    The contract should clearly identify the parties to the contract.
    The contract should clearly identify the parties to the contract.
  • Note crucial dates such as when performance begins and when it ends. If there are several steps in a process make sure that they are clearly stated in the agreement.
    The date for when performance begins is crucial in a contract.
    The date for when performance begins is crucial in a contract.
  • Review the reasons for justifiable termination of the contract. Some contracts state that either party can terminate by giving a certain number of days notice. Others state that the contract can only be terminated for cause. An example of justifiable cause could be the failure to deliver goods on time more than once. This section needs to be very clearly drafted as misunderstandings about the cause of termination of a contract can result in court battles.
    Some contracts can be terminated by giving notice.
    Some contracts can be terminated by giving notice.
  • Locate the indemnification clause. This provision absolves a party of responsibility when someone is harmed. A typical clause may require the subcontractor to absolve the contractor of any liability if the subcontractor causes harm.
    An indemnification clause absolves a party of liability.
    An indemnification clause absolves a party of liability.
  • Review the choice of law and choice of forum clauses. The choice of law clause determines what state law will be used if there is a court case. The choice of forum clause determines in what state the case will be tried.
    A choice of law clause tells you what state law governs the contract.
    A choice of law clause tells you what state law governs the contract.

What Is the Definition of Family Law?

Family law cases are civil cases and are heard in the civil court. Some counties and states have a separate family law court, since there tends to be many family law cases.

Types

  • Family law includes divorce, custody, alimony, adoption, domestic violence and cases run through the department of children’s services. The most common family law cases are divorce, alimony, custody and domestic violence cases.

Function

  • When a couple decides to get divorced and cannot come to an agreement regarding the dispersal of marital assets, marital liabilities and custody of the minor children, a case is created in the court system by filing a petition for dissolution of marriage. The court will then hear both parties’ side of the story–who should get what assets and liabilities and who should have primary residential custody of the minor children.

Time Frame

  • Once a petition is filed, the other spouse has a certain amount of time (depending on state and local rules) to file an answer and a counter petition. If the answer is not filed in a timely manner, the petitioner can ask for a default ruling, which means he gets what he asked for in the petition, unless the respondent provides the court with a good reason for not filing a timely answer. Once an answer and counter petition is filed, the petitioner has the opportunity to respond to the counter petition.

Features

  • Family law rules of procedure, case law and family law statutes provide regulation to divorce and other family law matters so that each party knows what to expect. Rulings differ based on different circumstances, but each type of ruling (e.g., custody ruling, child support ruling, alimony ruling) has rules the court must follow in order to provide for a fair and reasonable distribution of marital assets, liabilities and custody arrangements.

Considerations

  • People going through the family law courts can avoid many hearings if they can agree on matters such as division of marital assets, liabilities and child custody. A settlement agreement can be drawn up by the parties or their attorneys. It is then filed with the court, and the court is asked to ratify the agreement. If the court agrees that the agreement is fair and that the parties signed it without being put under duress by each other or outside influences, the court will incorporate the settlement agreement into a final judgment and proclaim the parties divorced.

Misconceptions

  • Many people with stay stuck in a marriage because they think they will loose everything they have worked for. Child support is based on income in most states. Each parent must be responsible for a percentage of child support. Division of assets and liabilities is done on an equitable basis in no-fault states. If both parties make the same amount of money, chances are, they will get 50 percent of everything. If the wife makes more than the husband, equitable distribution will give the husband more of the assets, and possibly alimony. If the husband makes more, the wife will get the higher amount during equitable distribution.

Pennsylvania Contract Law

Pennsylvanians make contracts for reasons ranging from the sale of goods and services to the purchase of real estate. While much of Pennsylvania contract law is similar to that found in other states, specific statutes have an effect on the rights of parties to a contract.

Pennsylvania contract law governs commerce.

Statute of Limitations

  • The statute of limitations sets a time limit on when you can bring legal action for a breach of contract. In Pennsylvania, the limit if four years. But parties to a contract can agree, they can shorten the period to one year. They cannot extend it.
    In Pennsylvania you have four years to sue on a contract.
    In Pennsylvania you have four years to sue on a contract.

Statute of Frauds

  • To enforce a lease contract in Pennsylvania for an amount of more than $1,000, the contract must be signed by the person with the duty to make the payments.

Consumer Protection

  • For certain types of contracts, Pennsylvania consumers have the right to rescind the contract within a few days of signing it. If you enter into a contract for goods or services for more than $25 you have three days to cancel the agreement. The same rule applies for memberships in health clubs. If you sign a time share or campground membership contract, you have five days to cancel.

Land Contract Law in Florida

Land contracts, also known as trust deeds and contracts for deeds, are an alternative method of buying a property. With a contract for deed, which is how land contracts are generally referred to in Florida, the buyer gets financing from the seller instead of going to a conventional mortgage lender, such as a bank. Although this method of sale and purchase is widespread throughout the United States, Florida has particular laws regulating contracts for deeds to consider.

In a land contract the owner of the property also provides the financing for the purchase.

Definition

  • In Florida a contract for deed, or land contract, is a real property sale where the owner provides the financing for the purchase. The seller keeps the title for the property until the buyer makes the final payment on the agreed amount.

Foreclosure

  • Using a land contract instead of a regular mortgage does not provide any additional protection to buyers or sellers when it comes to foreclosure, unless specific clauses are included in the contract. Under Florida law any conveyance instruments used to buy a property, whether it is a mortgage loan or a land contract agreement, are considered as mortgages for foreclosure purposes. This means sellers have no quick and easy way of regaining possession of a property if a land contract buyer stops making payments. On the other hand a land contract buyer could lose possession of the property if he stops making payments to the buyer regardless of the amount pending.

Right of Cancellation

  • Under Florida’s Title XXXIII Regulations of Trade, Commerce, Investments and Solicitations, Section 498.028, the buyer of a land contract has the right to go back on the agreement for whatever reason within a seven-business-day period from the execution date of the contract. If a buyer exercises this right, the seller must reimburse the buyer all funds and fees within 20 days of receiving the cancellation notice. Notice land contract sellers cannot charge buyers with any penalty or obligation if they decide to exercise their right of cancellation.

Notice of Assignment of Contract for Deed

  • In Florida the seller of a contract for deed can sell the rights to a property to a third party while the buyer is making payments. However, Florida land contract law requires the seller to provide the buyer with a signed and notarized notice stating the contract for deed has been assigned to another party. The buyer should, from then on, continue making payments to the new owner of the land contract.

How to Fill Out a Florida Supreme Court Family Law Financial Affidavit

When you divorce, most states require you to complete a financial affidavit as part of the proceedings. It’s sometimes required in other types of family law matters as well; for example, if you’re asking the court for a child support order. The affidavit is a sworn statement, signed under oath, that details your income, expenses, assets and liabilities. Florida makes the process as easy as possible by providing fill-in-the-blanks forms on the state’s website.

Type in the information or complete the financial form in black ink.

Choose the Short Form or Long Form

  • Determine which financial affidavit you should fill out. Florida has two, a short form for use if your income is less than $50,000 a year and a long form if you earn $50,000 or more. Don’t include your spouse’s income. The long form affidavit asks for the same categories of information but requires more detail. You won’t have to file a financial affidavit at all if you and your spouse reach a mutual settlement agreement and you have no children, or if you file for a simplified dissolution and you and your spouse agree to waive the requirement. A simplified dissolution requires that you have no children, that you have a settlement agreement and that both you and your spouse waive alimony. You also have to file the dissolution petition together and give up your right to a trial or appeal.

Complete the Income Information

  • Both forms ask you a series of questions to help determine your income. They ask for your monthly earnings, so you’ll have to do some calculations to convert hourly wages or a weekly salary; but the forms include instructions showing you how to do this. You must also account for any mandatory deductions from your pay, such as taxes. Your income includes any money you take in from all sources: your regular job, interest earned from investments, bonuses and overtime. If you receive bonuses, talk to a divorce lawyer or legal aid agency about whether you should include them; this usually depends on whether you’ve historically received one every year or if they’ve been spotty, not guaranteed. If you used to work a lot of overtime while you were married but now you can’t through no fault of your own, you may not have to include this income, but you can probably bet that your soon-to-be ex will bring the omission to the attention of the court. Make sure you can prove that the extra hours are no longer available to you.

Detail Your Expenses

  • The next section of the affidavit asks about your expenses. You’re not listing your monthly expenses as they were while you and your spouse were living together, but as they are now if you’re separated or what you think they will be when you eventually live apart. Use your checkbook or bank statements for guidance so you don’t overlook something you’ll probably have to pay going forward, such as insurance or child care. Don’t include credit card payments or auto loans on the short form; these appear later as liabilities.

List Your Assets and Liabilities

  • You must also list your assets on the affidavit. It doesn’t matter whether the property is held in your name, in your spouse’s name or jointly. It’s still marital property if you acquired it during the marriage. You must give the property’s fair market value, but don’t worry if you don’t get it exactly right. If your spouse or the court disagrees with you, the judge will order an appraisal. If you have separate property that should not be divided in a divorce, such as something you owned before you got married or that you were personally given as a gift or inheritance, you can check a box on the form indicating this.

How to Sign a Legal Contract

A legal contract is used to specify an agreement to do or not to do something between two or more parties. Often a legal contract is used to specify the terms of a sale, such as a real estate contract. For a contract to considered legal, all parties must be of sound mind and body and be acting in “good faith” when the agreement is reached. A well-written legal contract protects all parties in the event a dispute arises. By signing a legal contract, you acknowledge that you understand and agree to the terms and conditions.

Read and understand the terms of the contract before you sign it.

  • Receive a copy of the contract before you sign it. Make sure you have ample time to review the terms and understand what is expected of each party.
  • Provide proper identification. Since the majority of legal contracts require a notary seal to be considered binding, the notary requires a legal form of identification with a photo, such as a driver’s license or identification card.
  • Use your full, legal name when signing a contract. Your legal name must match what is listed on your proof of identification.
  • Sign on the line provided for you. Make sure you use the correct line, such as purchaser instead of seller. Use a written signature and do not print unless a separate line is provided for your printed name. Add a date to the contract. Generally, a legal document has a place for a typed or written date. Make sure this section is completed.
  • Request a copy of any legal contract or document after you sign it. Since a document can not legally be changed after it is signed unless all parties are notified and initial the changes, you should receive the final copy. No changes are then allowed without notification and initialing.

Basic Rules of Contract Law

A contract is an agreement between two or more parties that obligates them to perform some act, or refrain from performing it, now or in the future. Contract law, which determines the circumstances under which contracts are legally enforceable, varies in its details from jurisdiction to jurisdiction, but all contracts must have certain essential elements.

Agreement

The first element in the formation of any contract is the offer: One party offers to do something in exchange for a promise from another party. When the other party accepts the offer, agreement has been reached. There may or may not be negotiation involved. For example, a homeowner may offer a neighborhood teenager a fee in exchange for regular lawn mowing services. The teenager may accept the offer or may propose a different rate. The parties reach agreement when they settle on the services to be performed, such as the areas to be mowed and whether or not loose clippings will be raked up, and the amount of compensation.

Tip

  • Competence and intent: The parties must be competent to enter into the contract, and they must intend to form a legally binding agreement. In most commercial transactions, this intent is assumed and is difficult to disprove.

Warning

  • A contract is not legally enforceable if its goal violates the law, such as an agreement to buy stolen property.

Contracts should be clear and easily understood by the parties; obscure jargon and confusing or ambiguous language make it difficult for the parties to understand and fulfill their obligations.

Consideration

Consideration is the other half of the transaction, and is something of value, most often financial, but sometimes something else, such as a service or goods. The payment given for mowing a lawn is the consideration that helps form the contract between the homeowner and the neighborhood teenager. Likewise, two companies can enter into a contract under which one agrees to manufacture a certain quantity of a product and deliver it to the other in exchange for a set amount of money.

Form

A legally enforceable contract must be in the form specified by law. While many contracts are oral, the law requires that some be in writing. This dates back to the enactment of the Statute of Frauds in England in 1677. The principles set forth there are still observed, and contemporary contract law in American states requires that agreements be written in the following types of contracts:

  • Real estate sales, whether for full or partial ownership, and real estate leases.
  • Contracts for the sale of goods for more than $500, or the lease of goods for more than $1,000, under the Uniform Commercial Code.
  • Contracts that will take more than a year to complete.
  • Contracts of suretyship, which are promises one party makes to a creditor to pay or guarantee a third party’s debt.
  • Contracts to transfer ownership of property upon or after the death of one of the parties.
  • Contracts for the sale of stocks and bonds.

In addition, contracts in which marriage is part or all of the consideration have traditionally been required to be in writing, but many states have dropped this part of the law for policy reasons.

Signature

The parties to a written contract must sign it, whether personally, with a signature stamp or electronic pen, or on a photocopied or faxed contract. Many contracts can be signed by an authorized third party, with the authorization often taking the form of a power of attorney. In a corporation, an authorized person may sign contracts and thus bind the firm to its terms. Some contracts may also require that witnesses sign to verify the authenticity of the parties’ signatures.

Tip

  • Written contracts are often complex and sometimes contain unanticipated surprises. An attorney can assist in translating legal terms into plain English and point out hidden pitfalls in contracts.

Indiana Land Contract Laws

A land contract is a contract in which the seller finances the sale of real estate in periodic installments, rather than financing through a third party such as a bank. The buyer is typically entitled to move into the property as soon as the contract is signed, but does not obtain title to the property until he completes payments. Indiana has modified traditional land contract law to make it fairer to the buyer.
Indiana allows land contracts, but prohibits oppressive terms.

Payment Terms

  • A buyer may seek seller financing if he is unable to obtain credit or cannot afford a down payment. Payment terms under a land contract are typically more flexible than with third-party financing, although they are not required to be. The seller may agree not to demand a down payment, for example, in exchange for a higher purchase price. The parties have broad freedom to negotiate terms under Indiana contact law.

Possession

  • The buyer is typically entitled to possession of the property as soon as he signs the contract, as soon as he tenders a down payment or as soon as he pays the first periodic installment. Thereafter, the seller has no more right to enter the property than a landlord has to enter rented property. Nevertheless, since general contract law rather than landlord-tenant law applies, the parties have greater freedom to negotiate the terms of their arrangement.

Legal Title

  • Legal title to the property may remain with the seller until the buyer fulfills his duties under the contract, and sellers usually insist on this. The seller is also entitled to keep physical possession of the title deed. When the buyer fulfills his duties under the contract, the seller is obligated to assist the buyer in transferring title.

Default and Foreclosure

  • Previously, a buyer under a land contract who defaulted would lose his entire investment, and the seller could seize the property without going through foreclosure procedures. Indiana has reformed its laws to remedy the situation where a buyer defaults after completing many payments. If the buyer’s equity in the property at the time of default is “significant,” as defined by the law, the seller must institute formal foreclosure procedures and must compensate the buyer for accumulated equity before repossessing the property.

The SAFE Act

  • The Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (the “SAFE act”) requires states to pass legislation requiring licensing for real estate loan originators. Indiana’s SAFE act went into effect in June 2010. It requires parties that extend financing for the purchase of real estate, including sellers under land contracts, to be licensed. The licensing process is expensive and time-consuming. You don’t need to obtain a license, however, if you sell a home you previously lived in, sell property to an immediate relative, or sell commercial buildings.

How to Cancel a Legal Contract in Tennessee

If you have entered into a contract in the state of Tennessee and wish to cancel the contract you may have a legal basis to do so. Many people enter into a contract due to pressure from the salesman or as an impulse buy only to regret the purchase before the ink is even dry on the contract. Luckily, both federal and state laws may provide a legal way for you to cancel the contract without any negative repercussions.

  • Read the contract thoroughly, paying special attention for any right to cancellation provision within the contract itself. In some cases, a contract has a built-in period of time within which the buyer may cancel the contract with no questions asked.
  • Determine if the type of contract you signed falls into the protection of the federal “cooling off rules.” The federal government has determined that certain types of transactions are particularly prone to prey on buyers and therefore requires the sellers to allow buyers three days to cancel the contract after it is signed. These rules apply to door to door sales, trade show sales, home equity loans and delayed mail order or internet sales.
  • Check the current Tennessee laws to see if a state “cooling off” period applies to the contract you signed. Tennessee, like many other states, also provides state regulated cooling off periods for certain types of contracts. For instance, as of 2010 Tennessee provides a possible out for anyonewho has signed a buyers club contract. The Consumer Affairs Division of the Tennessee Department of Commerce and Insurance is a good place to start to find out whether a Tennessee regulation applies to the contract you have signed. The Consumer Affairs Division can be reached at 615-741-4737. The Tennessee Attorney General’s Office may also be able to help. They can be reached at 615-741-3491.
  • Notify the seller of your intention to cancel the contract as soon as possible in writing. If you believe that a state or federal law supports your right to cancel the contract, reference the law in your notice to cancel. Deliver the notice by certified mail.

FMLA & Arizona Law

Workers in the U.S. are generally governed by two sets of labor laws, state and federal. State laws can expand on federal laws, but they cannot replace or contradict them. The FMLA is the Family and Medical Leave Act, signed into national law by President Bill Clinton in 1993. Some states have their own medical and family leave laws which or more generous than the federal ones, but Arizona has no laws governing family leave other than the FMLA.

Arizona has more 100,000 different employers.

Basic Eligibility

  • Under the FMLA, workers in Arizona are entitled to unpaid leave for family or medical reasons if they meet certain conditions. They must have worked for the same employer for a minimum of 1,250 hours during the previous year and they must work for a non-exempt employer, which is any state, federal or city government or agency, or any private employer with 50 or more employees involved in interstate commerce.

Reasons for Leave

  • You cannot take FMLA leave in Arizona for any and all personal reasons. The FMLA applies to the birth of a baby, caring for a newborn younger than 1 year old, the placement of a child for adoption or caring for a foster child within one year of placement. You may also take leave for medical situations such as caring for a parent, a spouse or a child who has a serious health problem.

Length of Leave

  • The maximum length of FMLA leave time is 12 weeks in a single 12-month period. This leave time is expanded for military caregivers.

Military Caregiver Leave

  • Military caregiver leave, while also part of the FMLA, is offered a bit differently than regular leave. This leave is offered to employees who need to care for a spouse, child, parent or next of kin who is also a military member on active duty or on call to active duty. Employees must meet the same basic eligibility requirements but receive a longer unpaid leave time of 26 weeks, as opposed to 12 weeks.

Job Security

  • You cannot be fired from your job in Arizona if you qualify for FMLA leave and take it. You must also be restored to your original job or an equivalent position upon your return, without being demoted.

Insurance

  • You cannot have your medical insurance terminated or discontinued while you take FMLA leave. One of the provisions of the federal law is that your employer-based group insurance must stay in place while you are not working, under the same terms and conditions as if you had never left.

Common Law Divorce in Ontario

In Canada, the concept of common law marriage doesn’t exist. As a result, there is no true “common law divorce” in Ontario. Instead, couples who decide to cohabit without being legally married are granted some of the same rights as a legally married couple has when their marriage breaks down.
There is no common law divorce in Canada.

Living Together

  • Under Ontario law, a couple who shares the same home for a short time is not considered to be in a common law relationship. The couple must have been in a relationship similar to that of a married couple for either a minimum of three years or had a child together to meet the legal test of a common law relationship. While the couple does not need to get a common law divorce in Ontario to end their relationship, they may need legal assistance to unravel their financial affairs after a breakup.

Property Division

  • When a married couple splits up in Ontario, each person retains ownership of any property they had before the marriage. Assets accumulated during the marriage are divided equally between them. Each person may take a share in cash after the property has been sold or the share may be a combination of cash and assets.

Property and Cohabitation

  • Since common law couples in Ontario are not subject to divorce laws, the situation is a little different. People who choose this living arrangement are not automatically entitled to a division of property when their relationship ends. In most cases, each person takes the property they bought during the relationship. A common law partner who wants to make a claim for a share of his former partner’s property must prove to the court that the partner unjustly benefited from his contribution to the relationship.

Support

  • When a legal marriage breaks down, each spouse is entitled to receive support from the other. When the relationship is common law, divorce laws in Ontario don’t apply unless the couple were together long enough to establish a recognized common law relationship. Parents are required to provide financial support for their children, whether they were legally married or not.

Cohabitation Agreement

  • Since common law divorce in Ontario doesn’t exist, couples who want to live together without being married may want to consider entering into a signed cohabitation agreement. This legal document sets out each person’s rights and responsibilities if the relationship breaks down. The text can cover division of property, financial support for a partner and any children born during the relationship, as well as other issues the couple wants to address. A lawyer should be consulted before signing the agreement

How to File a Motion for a Change of Venue in Family Law in California

Family law in California includes all matters relating to the end of a marriage, as well as the resulting child custody and support issues. Litigation for a family law case can occur in any county in the state that has an appropriate venue, but it usually occurs in a county in which one of the parties resides. If your spouse files a family law case in a county without a venue, or if you move to a different county in the middle of an action, you can file a motion for a change of venue to transfer the case.

A judge must rule on a motion for a change of venue.

Venue

  • The legal concept of venue is built around convenience. The intent of venue rules is to keep lawsuits in locations that are most convenient to parties and witnesses. California is a large state and if a person from San Diego has to go to Arcata to defend a divorce action, the distance makes participation difficult. Generally, venue rules in civil cases provide that cases are heard in either the defendant’s home county or the place where the dispute arose. Specifically, the proper venue for a proceeding for a divorce is the county where either of the spouses resided for the three months prior to the divorce filing. In an action to enforce child support, the county with venue is where the child resides.

Choices

  • A plaintiff must file a civil lawsuit in a county that has venue over the action. If a defendant believes that the plaintiff filed her action in a county that does not have proper venue, he must raise this issue in California by making a motion to change venue before he files a response to the divorce action. If he files his divorce response first, he waives the right to object to venue.

Motion for Change of Venue

  • The state has rules that address the presentation of court papers. Some of these are in the Code of Civil Procedure, some in the Rules of Court and some in a court’s local rules. You must file a motion for change of venue in compliance with all rules. The filing must include a motion and a memorandum of points and authorities that offer case law and arguments supporting your motion, as well as a proposed order. The party moving for change of venue must mail the document to the opposing party and file a proof of service with her filing. Anyone intending to litigate a case in family law in California should familiarize herself with procedural rules or seek legal advice before filing. Many California courts have online self-help centers that may assist you.

Substance of Motion

  • A motion for change of venue in family court is generally premised on an argument that the county in which the case is presently pending either never had venue or no longer has venue. If you are responding to an action filed by your spouse, the substance of your argument can be that the county in which he filed the papers lacks venue. In this case, you can also ask for attorney fees. You can also file a motion for change of venue if your spouse initiated the action in your county of residence but neither you nor your spouse resides there any longer. In this case, your motion should contain a declaration establishing the facts of your move.

Convenience of Parties and Ends of Justice

  • The codes set out several other grounds on which you can base motions for change of venue, but these are used less frequently. For example, a court can order a change of venue in a divorce action if you initially file your petition in your county of residence, but move from that county while the case is pending. In this instance, the court may move the case to the county where your spouse resides if such a change serves the ends of justice. A court can also order the trial moved to another venue upon a showing that it would serve the convenience of witnesses and the ends of justice. This kind of motion cannot be grounded on the convenience of the parties or their attorneys, but on the convenience of non-party witnesses.