Month: April 2019

Have you or someone you know been accused of a criminal charges, then it is time you need a credible criminal defense lawyer to build your case and protect your own rights. Nobody can defend you like a good criminal defense attorney can. It doesn’t matter what kind of case you are facing, you deserve to have the best legal defense possible. You have rights that need to be protected and the best way to make sure they aren’t infringed upon is to hire a good lawyer.

Never take a chance on defending yourself or on using a public defender. This is because you never know what angle the prosecution is going to use against you. So let criminal defense New York professional to take care of all your troubles. Find a criminal defense federal lawyer NY: How to make the right choice To find a lawyer who can strongly defend the case for you, look for someone with good trial experiences and a good success rate. Choose the one who has presented several cases similar to yours for many years.

New York criminal defense lawyer, Mr. Paul D. Petrus Jr.1, tells about some important things to consider when hiring a criminal defense lawyer:
Get a Criminal Defense Attorney, not just any Attorney.
Get a Criminal Defense Attorney who concentrates their practice in the area of defense that pertains to you.
Public Defenders are usually reserved for people who can’t afford private attorneys.
Ask friends if they know or have experience with a Criminal Defense attorney.
Make sure their background and credibility is legitimate.
Discuss the facts of your case. (Ref: The Law Offices of Paul D. Petrus Jr. & Associates, P.C., http://www.petruslaw.com/find-a-new-york-federal-criminal-attorney-how-to-make-the-right-choice/ )

Hiring a good criminal attorney assures you peace of mind as they focus on getting all of the evidence and other information that is necessary to get your case resolved in the most positive manner without any stress for you. It doesn’t matter how strong or weak the case is against you. Make sure that this situation is handled right and as soon as possible. You shouldn’t have to wait around or put your life on hold because of this situation. Get the verdict you deserve with the right criminal defense attorney. Having an experienced criminal defense New York attorney on your side can help you in a number of ways: They provide a good defense and try to change the outcome. They could try to have the charges dropped, or, if that’s not possible, lessened, such as a felony becoming a misdemeanor. Another potential scenario is having jail time replaced with probation.

If you have been accused of a crime you didn’t even do or if you’ve been charged with an offense, the process and experience will always be stressful. But you don’t have to quit the fight there. A skilled criminal defense attorney can help you win a case and let you go on with your life.

Disclaimer: The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.

1.Paul D. Petrus, Jr.:Mr. Paul D. Petrus Jr. is a member of the New York State Bar Association and New York Association of Criminal Defense Lawyers. He is a practicing New York criminal defense attorney. Mr. Petrus works in federal and state courts. If you are looking for a New York criminal defense attorney, call Paul D. Petrus Jr. at 212.385.1961 / 212.564.2440or you can e-mail . Office is located at the Empire State Building, 350 Fifth Avenue, Suite 3601, New York, NY 10118. Visithttp://www.petruslaw.com/for more information.

A patent is a property right granted by the government of the United States to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted. Article I, Section 8 of the United States Constitution grants Congress the power to enact laws relating to patents: “Congress shall have power… to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Pursuant to this grant of power, Congress has from time to time enacted various laws relating to patents, now codified in Title 35 of the United States Code (the “Patent Law Statute”). These laws established the United States Patent and Trademark Office (“USPTO”) to administer the law relating to the granting of patents. The USPTO is an agency of the United States Department of Commerce providing patent and trademark protection to inventors and businesses for their inventions and corporate and product identification.

It is at the heart of patent law to encourage invention by granting inventors a monopoly over new product designs or functions for a limited time until expiration of the patent, after which expiration the public is free to copy and profit from the invention. Qualitex Co. v. Jacobson Products Co, Inc., 514 U.S. 159, 164-165 (1995). The Patent Law Statute provides that “whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.” 35 U.S.C. Section 101. A “process” is explicitly defined as a “process, art, or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.” 35 U.S.C. Section 100. The term “machine” as used in the statute is the same as used in standard language (e.g.: a human-made system or device made up of fixed and moving parts that perform tasks). The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” refers to chemical compositions, and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically all things that are made by man and the processes for making them.

Things which do not fall into one of the above classes of subject matter are not patentable. For instance, laws of nature and physical phenomena are not patentable subject matter. Furthermore, a patent cannot be obtained based upon a mere idea or suggestion. In other words, while a patent may be granted based upon a new process, machine, manufacture, or composition of matter, the mere idea or suggestion of the new process, machine, manufacture, or composition of matter, respectively, will not suffice. A complete description of the actual process, machine, manufacture, or composition of matter, respectively, is required.

While Toyota is definitely taking the brunt of recalls lately, other vehicle manufacturers have troubles of their own: GM is currently being sued over a 2009 Chevrolet. The owner of the Chevrolet claims he experienced repeated problems that caused him to fear for his safety.

This is not the first time GM has been sued for safety issues – in 2009 a wrongful death suit was filed against them for defective seat belts. 2009 also saw a recall of almost 1.5 million mid- and full-size Buick, Chevrolet, Oldsmobile and Pontiac vehicles because of an engine oil leak problem that could pose a fire risk.

This kind of defect in a vehicle is precisely what the lemon law is about. It protects consumers from the harm or loss caused by purchasing a defective vehicle. Who has what rights and what duties in lemon law matters? It seems clear. The consumer has the duty to present the vehicle to the manufacturer or its representative, the dealership, in order that they are able to diagnose the defect and repair it. Along with the duty, the consumer has a right to expect the dealership to repair the vehicle honestly and expeditiously.

What are the rights of the manufacturer? Simply put, they have the right to expect that the consumer will present their defective vehicle at an authorized dealer for repair in a timely manner, and that the consumer properly maintain the vehicle. The manufacturer should have no other expectation. They should not expect a consumer to perfectly describe the defect they are experiencing or any other limiting requirement.

Of the thousands of lemon law clients we have spoken with, it is extremely rare that a manufacturer makes a legitimate offer to buy back or replace a defective vehicle. In each of these cases no hint of awareness of their affirmative duty was present.

Not all manufacturers or dealerships are the same. Some, certainly not enough, really do have the consumers best interests at heart.

If however you find yourself with a defective vehicle and a manufacturer who is not ready to step up and replace or refund as they should, find yourself an experienced lemon law attorney. Do your homework. Look at their record. See what others who have used their services have to say.

Be certain they offer you a free case evaluation without delay. Never be afraid to ask hard questions. Its important and it can determine the outcome of your lemon law case.

About Norman Taylor & Associates

Norman Taylor & Associates has been assisting consumers since 1987. Our goal is to provide individuals who have the misfortune of purchasing a defective vehicle or goods, and who have recourse under the Lemon Law, with the highest quality legal representation. With a twenty-three year history of successful cases, Norman Taylor & Associates has established its reputation as a firm of consumer advocates that gets the job done. We represent California residents of Los Angeles, Orange, Riverside, San Bernardino, Ventura and Santa Barbara counties.

Have you ever heard of a local rule of court that required you as an attorney to present your case entirely by declarations at time of trial including establishing the admissibility of all the exhibits which you wish to have entered into evidence? How difficult and more time consuming is that than presenting oral evidence?

How difficult for an attorney? How much more difficult for a husband representing himself in a dissolution case while wife is represented by counsel? This was the local rule in Contra Costa County.

Now comes Mr. Elkins who is self-represented. His pretrial declaration fails to establish the evidentiary foundation for all but 2 of his 36 exhibits. Because he didnt lay a proper foundation as he was required to do in his declarations, 34 of his exhibits are excluded. So guess who had the marital property divided the way that spouse wanted it? Mr. Elkins was substantially deprived of his right to be heard by the local rule in Contra Costa County. So Mr. Elkins appealed and his case went up to the California Supreme Court.

In 2007, the California Supreme Court in the case called Elkins v. Superior Court (2007) 41 Cal 45h 1337, found that the local rule conflicted with existing statutory law and deprived litigants of meaningful access to the courts, and that marital dissolution trials should proceed under the same general rules of procedure that govern other civil trials.

The California Supreme Court also recognized that family courts, among the busiest in the state are underresourced , have few bench officers per the number of litigants per capita than in other areas of the legal system and that the ever growing number of self-represented litigants is presenting what was termed unique challenges to the courts ability to provide meaningful access to justice.

The Supreme court emphasized that if trial courts do not have adequate resources for family law cases, they should seek additional resources instead of putting efficiency ahead of fairness. The court noted that in trying to streamline the litigation process in family law, litigants should not be subjected to second-class status or deprived of access to justice. In other words, the Supremes held that family law litigants should have the same due process protections of adversary trials concluding using the established rules of evidence as litigants in other types of civil cases.

Main advantage of divorce peacemakers are, they allows couples to share mutual information to be shared among the professionals and clients alike and also they allows for questions to be asked and answers to be given from both side. It keeps litigation and the financial and emotional wastefulness associated with litigation at abeyance.

Mediated divorce is an great court room alternative to traditional litigation and also it is faster and less expensive than retaining litigation attorneys helps you in this process of beginning your life again after divorce.

Kingston is an ancient town in England home to a large population. However, this large population has to undergo several diverse situations. Some of which may require the expertise of a lawyer. Hiring a lawyer is easy once you understand your requirements and are able to convey them. But, the challenge with hiring a lawyer is that it costs money. Yes! When you are planning to hire a lawyer Kingston, you need to have a budgetary provision to be able to pay the fees. What about the people who have no fees? Are they not entitled to proper legal help?

Well, this is surely a misconception. Everyone is entitled to asking for proper legal aid. For those who are falling short of the money, here are a few suggestions on how to hire a solicitor in Kingston without wasting too much money. Government funded legal programs: The state as well as constitution has a provision where people who don’t have the money can still seek legal help in order to solve the situation. These provisions are usually available through the legal aid programs operational under the authority of State government. Looking for these free legal aid programs is also easy and barely takes more than a few minutes.

Bar associations: The bar association also offers free legal aid or legal aid at a compensated price to eligible candidates. You can always approach bar associations to seek this free help. If your case is worthy and your condition is really underprivileged, you will get the help that you need.

Self-help legal aid clinics: These clinics are again operated by non-governmental organizations or government bodies. Their purpose is to provide free legal advice to people who need it. Needless to say, the entire process is kept strictly confidential making it easier for you to discuss matters more openly.

Court appointed lawyer: This options is valid for people involved in a criminal case. According to the law, people involved in a criminal case have the right to an attorney. In situations when they can’t afford one, the court will provide the required assistance.

Payment plan: If you are not able to qualify for the free legal aid program, we would recommend you to talk to your lawyer and figure out a payment plan. Depending on your income, you can set aside a fixed amount as the installment to the lawyer. This will also minimize the financial strain.

More information for regarding finding a Solicitor Kingston can be found at http://www.morrlaw.com/.

Simply put torts are civil laws that recognize personal wrongs which answer to a charge of law as grounds for accountability or lawsuit. These are wrongs that have resulted in personal injury or harm and are grounds for seeking a claim of compensation by the injured party. Some torts are civil crimes which are punishable by imprisonment but the main reason of tort law is to provide a way to be compensated or get relief for damages inflected and to discourage any one else from committing the same harmful violations. The person who was injured may sue for an injunction to halt the damaging conduct or for monetary compensation for damages encountered.

There are several types of damages an injured party may make claim and receive compensation from, such as : loss of wage capacity, pain and suffering, undue mental duress, and reasonable medical expenses. Claims can include both present and future expected losses. Included amongst the most common of torts are: trespass, assault, battery, negligence, product liability, and intentional infliction of emotional distress (harassment).

Torts also fall into three general categories:

1.intentional torts (e.g., intentionally harming a person);

2.negligent torts (causing an accident by failing to obey traffic rules); and

3.strict liability torts(e.g., liability for knowingly making and selling defective products

Intentional torts are those wrongs which the defendant had knowledge of, or by reason should have known, would occur through their direct involvement, being a part of or intentional lack of action. Negligent torts are when the defendant’s actions are deemed unreasonably unsafe. Strict liability wrongs don’t depend on how little the defendant’s sense of responsibility was, but is established after the fact, when a particular action causes damage. A person may operate in a unreasonable manner but is not subject to tort until a claim to cease and desist or call for compensation is made.

Tort law is derived through common law Judges and enacted into state law by legislatures which enact statutory law.

General Principle Torts (1) Any one who invades the privacy rights of another is subject to liability payment for any resulting damage to the interests of the person who was harmed. Privacy invasion is explained by: (a) unreasonable intrusion upon the seclusion of another, or (b) identity theft, appropriation of the other’s name or likeness, or (c) Malicious, false or unreasonable publicity given to other person’s private life, or (d) publicity of an unreasonably nature that places the other person in a false light before the public, Intrusion upon Seclusion is a person who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another person or his/her private affairs or concerns. The wrong doer is subject to liability to the wronged for invasion of privacy, if the intrusion is seen as highly offensive to a reasonable person. Appropriation of Name or Likeness (identity theft) is a person who takes the name or likeness of another for his/her own use or benefit The wrong doer is subject to compensate the wronged person for invasion of privacy.

In June 2007, the controversial new REACH (Registration, Evaluation and Authorisation of Chemicals) law came into effect in the European Union. Taking seven years and 1,000 pages to pass, REACH is the most complex law in EU history.

Aiming to protect consumers and the environment from harmful and unsafe chemicals, the law requires manufacturers to ensure that over 30,000 chemicals have been tested and reviewed by the newly created European Chemicals Agency (EChA). For 1,500 high risk substances, manufacturers will have to prove “adequate control.” The EChA will ban ingredients posing a significant threat and ensure that cosmetic and other companies use alternatives.

The law also advocates using alternatives to animal testing, so that data on toxicity to humans is obtained using means other than experiments on vertebrate animals. Since the passage of REACH, L’Oreal has announced that it will conduct safety tests on human skin cells and tissue from animals slaughtered for food, rather than live animals, to collect the new information required by the law.

REACH replaces 40 separate chemicals laws in the EU. It also extends prior cosmetics laws that were based upon risk assessment and responds to ongoing calls from the scientific community for bans on confirmed and likely carcinogenic, mutagenic and reprotoxic substances in cosmetic products.

Although there was little existing safety information on 99% of the man thousands of chemicals developed in the EU before 1981, the EU had banned several dangerous chemicals that remain legal in the United States, including phthalates in cosmetics.

REACH is expected to put more pressure on law makers in the United States to impose tougher controls on the usage of toxic chemicals, since under the countrys Toxic Substances Control Act, the Environmental Protection Agency (EPA) has little legal authority to ban or restrict chemicals in use before 1976 because it must first prove they pose “an unreasonable risk.” It should be noted, however, that there are several shortcomings to the new European law. First, manufacturers have 11 years to register product ingredients, leaving more than a decade until all the ingredients in cosmetics products will be fully disclosed. Also, if a product was manufactured outside the EU and imported, it is not regulated under REACH.

Separation between two people who’re married or living together and share children addresses the question of responsibility of child being borne by them and in the manner in which it’s done. There’re many different scenarios that come up in marital or other separations involving child custody. In some cases the mother wants to keep custody but father contests it, in others it could be other way around. Many women seek child support from their ex which could be another point of contention. Child custody lawyer San Jose helps their client gain a reasonable legal ground for claiming or contesting child custody. They work along lines of federal, state, county-specific rules on custody physical, legal custody, visitation rights or modification of previous orders on these.

Custody

When people seek custody they could seek anyone, physical or legal custody of involved children. With legal custody the parent can take decisions for his child’s welfare, such as his education, stay, finances, medical or other decisions. A legal custody could be given to only one parents or shared jointly by both. Court or privately held mediation and mental-health assessment are factors influencing the decision over legal custody. Physical custody is given to parent who keeps the child to stay. Physical custody could also be jointly or in certain cases, alternately shared and this is different from visitation rights.

Reaching Agreement

Often it happens that parents don’t reach child-sharing agreement easily. Mediation helps in resolving issues. The parents can go for initial mediation in court or privately, filing the agreement only when it’s finalized. But one needs to remember if an individual or his sparring spouse fail to reach agreement through mediation, their case will then have to go in for child-custody assessment where a mental-health professional appointed by court or privately hired will investigate psychological health of both parents, child’s health and look into all issues of past and possibly future related to his welfare, safety, domestic violence etc. Recommendation of this professional at court will determine custody thereon. Unless it’s proved that visiting child will be detrimental to him court is generally quite flexible in permitting visitation.

Visitation

The child custody lawyer san jose provides representation and preparation of application for visitation of minor children. Parent not having custody can also seek visitation rights for regular visits or special together-times on holidays, summer vacations etc. The California law usually works to support a frequent contact of child with both parents except in extraordinary situations where there’s possibility of violence, abuse or addiction issues affecting the child.

Get represented in gaining or challenging custody of minor children through services of a divorce and child custody lawyer.

Reading the reviews provided by the author is one of the best ways to gain necessary information on san jose divorce attorney.

After 2013, the Spanish Parliament accredited the Law towards the Promotion of Electronic Invoicing plus the Innovation of the Accounting Register of Invoices within the Public Sector (Law 25/2013 of December 27, 2013). Its goal will be to decrease the amount of late payments by Public Administrations, which can impinge on company funding, avoid the negative impacts on job opportunity and guarantee its survival.

The new law will come into effect on January 15th, 2015 for those who electronically file their taxation statements, as the approval of new law involves a review of the work strategies and the systems used in this area. Public Administrations as well as private companies are honored twelve months, 2014, to incorporate the fresh digital methodology in to their operations.

The goal of Law 25/2013 is to safeguard providers and improve transparency and efficiency levels in processes controlled by Public Administrations. As such, the new legal rules will secure companies from latter payments, as all invoices are digitally registered, and increase the battle against fraud, when all invoices impending for payments are documented and revealed.

The passage of this regulation promotes the practices of electronic invoicing in the public and private sector, as e-Invoicing can be described as tool that’s attaining more importance inside the European Union through several ordinances. Explicitly, in Spain, providers would be better guarded inside their business-related relations with Public Administrations through the creation of an Accounting Register of Invoices. This register is previously mandatory and must be utilized by Public Administrations and companies to present invoices; this guarantees that all invoice dates are duly accredited and will be considered for accrual of interests on amounts due.

Several of the key points of electronic invoicing operations underneath Law 25/2013 towards the “Promotion of Electronic Invoicing plus the Conception of an Accounting Register of Invoices inside the Public Sector” are:

1. As the law consists of a common standard, it is compulsory for all those Public Administrations over a national, state and local area level.

2. The electronic invoice is required to be delivered using a regulatory format and to be signed with an innovative electronic signature or an advanced electronic seal.

3. Accounting details of electronic invoices should be created by the Public Administration body or unit responsible for accounting, after receiving the invoices from the Accounting Register of Invoices. This new practice for invoice control was implemented on January 1, 2014.

4. By regulation and as from January 15, 2015, invoices for bills under 5,000 Euros might be missed from accounting records.

5. The invoice processing updates may be checked-out any time by the service provider who supplied the invoice.

Because of the new Law 25/2013, Spain is moving perfectly into a general electronic law reinforcement and control that means that an overall usage of this electronic signature and electronic documentation is on the rise.

As explained in one of the latest web-log posts entitled “Electronic Invoicing in 2013”, European Directive 2010/45/EU determines that conventional paper and electronic invoices are alike legally & fiscally. In truth, the European Commission intends to make sure extensive utilization of electronic invoices in European union through the year 2020.

Alternatively, as mentioned in the opinion post titled “Electronic invoices and how they must be used” it seems that interaction methods between the general public and Public Administrations are transforming, although not at the rate anticipated by governmental bodies after the early investments made. At this time, the task of document management software services is to demystify the popular belief that document software technology is only within the reach of big agencies.

From a scientific point of view, having an adequate document management solution lets companies to abide by the law with out extra efforts or additional costs. After all, this sort of software:

– Permits companies to prepare electronic invoices that fulfill the needs of Spanish Tax Agency (AEAT).

– Enables electronic invoices being granted in digital format, together with the creation and digital signature of documents.

– Works with electronic invoices and certifies their particular elements.

– Confirms the sender’s signature and real identity along with the validity of certificate utilized to sign any electronic invoice.

– Creates audit trails showing all procedures undertaken at the invoice.

From the business standpoint, document management software saves expenditures and time together with expanding the safety and quality of service provided.

– Price savings are generated, as the utilization of paper, toner, shipment charges and storage space etc. are eradicated or reduced.

– Management times are minimized merely because of the faster and a lot more efficient management procedure, which contributes to speedier localization of up-to-date details.

– Security is increased, as electronic signatures lessen the chance of counterfeiting and minimize the chance for human slip-up.

– The standard of Support service is upgraded since a new approach of communication with purchaser is set-up, because invoice processing and distribution times are improved and because web-based settlement of documents is allowed.

Every day, an increasing number of companies are looking for optimizing their operations in an effort to obtain efficiency and conserve expenses. In the end, when applying electronic invoicing, along with an adequate document management solution, their productivity boosts and also the quality of their customer service upgraded which straight away and favorably influences the company’s business competitiveness.

The workers in the state of Missouri are provided the basic compensation if they sustain injuries at the workstations. From this perspective, the workers compensation claim is easy to comprehend and do not require hiring an attorney to sort out the compensation related issues. But in reality, the Missouri workers compensation law involves many intricacies that encompass a wide area to thaw the various complexities regarding the compensation for the workers.

Missouri workers compensation law: Too Many Complexities to Be Comprehended by the Laymen

The Missouri workers compensation law explicitly states that the labors can claim for such compensation if they have suffered any sort of injury in the course of work. The injuries may be a minor one that requires only the first aid to get healed completely. In case, the injury is of severe type, the injured workers may need to be hospitalized. In that case the volume of compensation as per as the Missouri workers compensation law will be a substantial amount.

Some workers ask if the monetary payment made by the employers in the event of any injury of an individual at the workplace applies to some other specific cases such as suffering injuries while to or from work. The labors can also meet the fatal accidents while travelling as part of the work or on the way of dropping a visit to meet someone on behalf of the company. The Missouri workers compensation law discusses all these issues to let the workers know the specific grounds to apply for the compensation claim.
In most of the cases, it is the employers insurance provider that shows some serious reluctance to pay for the claimed amount. The insurance company requires concrete proof that the applicant was present at the site while he suffered the injury. Until and unless this uncertainty is cleared, the company will not provide even a penny as part of the compensation. Sounds complicated? That is why if any Missouri worker has experienced any sort mishap at the workstation, consulting a lawyer, having sound knowledge of the Missouri workers compensation law is an urgent need for him. The attorney will protect the injured partys interests and take the sole responsibility of snatching the just amount for him. The Missouri law firms handle a variety of cases ranging from the compensation issues to the dwi cases and many more in between them. The specific cases require specialized lawyers. A Missouri dwi lawyer is the perfect choice to solve a different issue drinking while driving.

Missouri DWI lawyer: The Specialist of the Specific Case

As with the case of the Missouri workers compensation law, Missouri dwi law is full of complexities. A dwi charge is brought against a person who is responsible for causing damage to the health or wealth of the second party as he was under the influence of alcohol while driving the vehicle. It is a serious offense and if the charge is proved, the driving license will get suspended for a stipulated time. The involved party has to shell out monetary penalty and the amount to be fined depends upon several factors, present in times of the accident. A Missouri dwi lawyer is the specialist to assist the drivers to help them get back their suspended licenses.