Legal Internships – Top 10 Legal Internships in 2010

Legal careers can offer some of the most lucrative jobs these days. If you choose this career then you must keep certain things in your mind. First of all you need to work hard and be honest.

Being in the legal profession might not mean that you will have to provide justice to people. But you need to make sure that you work for your clients and help them out. A lawyer is also required for consultation other than to fight cases inside the courtroom.

You must always choose your career very carefully because your future depends on it. Lots of students enter into the law school these days so that they can apply for the best legal jobs and turn out to be a great lawyer.

If you want to make it big in this field then you must always try to get legal internships for yourself. Some of the law schools even offer paid legal internships which are good for your pocket as well as your career. In the year 2010 you can look forward to top 10 legal internships.

1. You can start off as a law clerk. This will help you learn about the kind of documents that are prepared for a case and the kind of papers a lawyer needs to prepare. You can learn your job for future endeavors.

2. You can try to have a government legal internship so that you get a better scope to learn the work and you can even learn from your mistakes with secured government jobs. If you perform well they might even ask you to join them.
3. Corporate legal internships have also become quite popular these days. During the internship you need to work under a senior lawyer so that you can have an idea about the work.

4. Paralegal internships are also quite common. They can give you an idea about the kind of documentation and paper work necessary for the legal careers. Being a paralegal you can always stay in touch with a lawyer and learn from his ways.

5. If you want to move out of the country then you can look forward to the international legal internships.

6. If you apply for internship in a law firm then make sure that they provide the best mentorship and opportunities for career advancements.

7. While choosing the company you must always look for the experiences of the previous interns to make sure that the company can provide great opportunities.

8. You can even enter into internships as legal assistants.

9. You can also join a reputable lawyer and work as his junior to learn how to make advances in this field.

10. Legal internships can really be advantageous if you get the best paid legal internships.

Plea Agreements, Plea Bargains & Open Pleas – Criminal Law Information

Criminal charges are often resolved without going to trial by negotiating a deal with the prosecutor or the judge.  If the deal is negotiated with the prosecutor, it is called a Plea Agreement or Plea Bargaining.  If a case is resolved with the judge, it is called an Open Plea.
What is a plea agreement? A plea agreement (or plea bargain) is a deal that is negotiated between the prosecutor and the defendant or the defendant’s attorney to resolve a case without going to trial.  During the negotiations, the defendant and his attorney may discuss with the prosecutor details about the case, the defendant and/or the victim that should be considered in arriving at a deal.  Ultimately, the defendant pleads “guilty” or “no contest” and in return, the prosecutor may reduce the charges to a lesser offense, drop certain charges, and/or recommend a lighter sentence for the alleged crime.  While all plea agreements are ultimately subject to the court’s approval, it is unusual for a judge to reject an agreement reached between a prosecutor and a defendant.

What is an open plea? Sometimes it is to a defendant’s advantage to go directly to the judge and simply plead “guilty” or “no contest” to the charges against him — without agreeing to any deal with the prosecutor.  This is called an open plea.  While judges do not have the same freedom as prosecutors to just dismiss certain charges or let a defendant plead to lesser charges, they do have the ability to set the sentence for the crimes charged.  Judges may sometimes be more lenient or consider different factors in sentencing than prosecutors do and, as a result, direct negotiations with the judge and an open plea can be a potentially good option for resolving criminal charges.

What is the result of a plea bargain or open plea?When a defendant enters into a plea bargain or enters an open plea, he gives up his right to go to trial, the right to confront witnesses, and the right to present a defense, among other things.  For the defendant, the result is a conviction, but a conviction without the risk of going to trial and – presumably — with less severe and more appropriate penalties than might result from a trial conviction.

Sincerely,
Steven Valerio and Garret Weinrieb
Valerio | Weinrieb Criminal Defense Attorneys

(note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)

More US states step up to fight against diploma mills

Since the launch of the AccredibaseTM 2011 Report, Idaho lawmakers have approved a bill which will make it easier for the Board of Education to target bogus education providers operating in the state. Yesterday the “anti-diploma mill” bill was unanimously passed by the senate.

The step was taken following concerns that unauthorized schools are moving into Idaho from other jurisdictions that have recently tightened their controls. The bill will allow the Board to issue cease-and-desist letters against those violating or continuing to violate the legislation. Criminal penalties for those knowingly or wilfully violating the rules could include a $10,000 fine and up to 12 months imprisonment.

Idaho’s State Coordinator for Private Colleges & Proprietary Schools, Harv Lyter said: “Idaho is very proud of our progress toward becoming a Diploma Mill-free zone.  We know there’s still a lot of work to do, but this year’s legislative initiatives will go a long way toward reaching that goal!”

State University of Sheffield, offering “accredited life experience degrees”, is one such unauthorized institution claiming to be based in Idaho. It is one of a series of almost identical Web sites advertising schools purporting to be in either Twin Falls, Idaho or in Spain. State University of Sheffield, which should not be confused with the legitimate University of Sheffield in the United Kingdom, claims to be accredited by the World Higher Education Accreditation Society (WHEAS). The Web site gives no address or telephone number for the “university”, which offers a degree based entirely on life experience. What’s more, the web sites of both the accreditor and the university are hosted at the same IP address!

The news from Idaho follows the announcement on 22 February that Missouri Governor Jay Nixon has signed a bill that will make it illegal to use false academic credentials to apply for jobs, college or in connection with any business, employment or public office in Missouri. The new bill will target those using both faked certificates and credentials from bogus universities. Missouri’s Assistant Commissioner of Higher Education, Leroy Wade said: “The new legislation calls attention to the problem and puts people on notice that using phony documents is a crime.”[1]

The recent AccredibaseTM 2011 Report reviewed other legislative developments over the last year, starting with the introduction of the “Diploma Mills” Bill by Congressman Tim Bishop (D-NY). The Diploma and Accreditation Integrity Protection Act proposes to protect the integrity of bona fide qualifications by targeting the sale and use of fraudulent degrees. If passed into law, the Act would give the Federal Trade Commission a mandate to act against bogus degree providers and require it to report these providers to the Secretary of Education, and ultimately make this information available to the public. The Act also proposes to set down in law definitions of the terms Diploma Mill, Accreditation Mill and Degree-granting Institution.

After a long period with no licensing, California finally reinstated a program of approval for higher education institutions. California has long been a haven for diploma mills owing to the lack of regulation. The state had no law regarding the authorization of non-public higher education from 1 July 2007 until February 2010, when the new Bureau for Private Postsecondary Education adopted emergency regulations[2]. According to Contreras (2009), degree mills have argued that the lack of law means no state approval is required to issue degrees; anyone with a corporate existence in California can issue valid degrees. AccredibaseTM indicates that a total of 143 mills operate or have operated in the state, with a further 173 suspect institutions under investigation.  It remains to be seen whether action will be taken against those operating without approval, and whether we will see a drop in the number of unaccredited and unapproved degree providers with a California link.

The Netherlands also took steps last year to make life more difficult for bogus universities. After the UK, Italy and Belgium, AccredibaseTM reveals that the Netherlands is the 4th most popular location in Europe for diploma mill operators – 34 claim to be located in the country. Paul Zoontjens, Professor of Education Law at Tilburg University, was commissioned to investigate the possibility of protecting the designation “university” in law following a resolution by the Dutch parliament in June 2009. AccredibaseTM interviewed Professor Zoontjens last year about his research and the effect the proposed changes might have on diploma mills[3]. Zoontjens suggests that using law to differentiate between institutions would mean that those designated as “universities” would be automatically susceptible to supervision by the state, and could not apply degree-awarding power without being in breach of the rules.  Protecting the term “university” is an important step toward protecting the public against diploma mills. Many would not question the credentials of an entity using this title, and would expect it to be regulated.

While the tightening of laws to discourage diploma mill operators should be welcomed, the challenge of dealing with diploma mills remains a complicated one. Operators are becoming more and more adept at covering their tracks on the Internet. They often have no actual physical presence at their published location and can change their web sites in an instant if required. While bogus universities can operate on the Internet with no geographical ties, judicial systems cannot. It is clear, however, that bogus degrees pose too much of a threat to be ignored by legislators and law enforcers.

Zoontjens highlights the need for effective law enforcement and international cooperation, including the exchange of information between countries and jurisdictions[4]. AccredibaseTM provides an international platform for sharing information regarding diploma mills and assessing the validity of issued accreditations and qualifications. Therefore, as Zoontjens suggests, tools such as AccredibaseTM may well aid enforcement of higher education regulations in the future.

About Indian Law Firms In Delhi, Mumbai, Hyderabad

The need of law firms in this corporate world rises day by day. As they have played a vital role in offering types of business law activities including intellectual property, litigation, real estate & construction , corporate & commercial, agency & franchise, merger & acquisitions, infrastructure, corporate & commercial law, taxation, infrastructure development, merger & acquisitions, technology transfers arbitration, joint venture & technology, trademark registration, company registration and lots more. All these services are recommended to follow by types of business houses. Whether small business owner, big business owner, private or public business every one recommended to follow rules and guidelines regulated by companies act of India.
In India you will number of law firms that offer wide variety of law firms comprises a large team of corporate and commercial lawyers and attorneys specialized in various faculties of International Business laws in order to offer customized practicable and affordable company legal services and law solutions to their domestic as well international clients. While offering services indian law firms providing their clients with all types inputs and valuable insight and complete guidance regarding the development in the field of economic and commercial climate and company law services in India. Here you will find clear and practicable advices by law firms that comprise the establishment of maintenance and expansion of the commercial and business activities demanded by their clients.
Like Global Jurix LLP that offers verities of law services at affordable rates that suits your business legal issues as well your budget. It was established in 2002 Mr. Sidharth Goyal with one office and now today it have branches in every sates including law firms in New Delhi, law firms in hyderabad, law firms in mumbai & more. All the offices are equipped with latest communication facilities, state of art along with trained paralegal staffs, lawyers and attorneys to ensure the international quality standards of company law services and conduction of in-depth research and investigations. Having presence in nearly all the states of the nation expertise in local laws becomes their forte that ensures their maximum customization of legal and company law issues handling with a global perspective.

Pursuing Law After Graduation

Legal education in India is currently being imparted on two broad platforms, one is the 5 year integrated degree program which was approved by the Bar Council of India and led to the establishment of law school league, National Law School of India University being the landmark till date marking as one of the most successful experiment in legal academia of the country.

The journey of Indian law schools from “institutionalised mediocrity” (as termed by our former Prime Minister at a major conference on legal education few years back) has turned out to be the most sought after career. The testimony is evident from the fact that number of applicants for Common Law Admission Test (CLAT) rose from 10,773 in 2008 to 25,769 in 2012 crossing the mark of 45000 in 2015.

5 year law graduation course is specifically meant for those who are inclined for law right after class XII and it has some eligibility norms with respect to age, score in class XII etc. while 3 year law graduation is a wider and relaxed choice and is available to those who intends to go for law degree after graduation.  For a three year law graduation programme the eligibility norms may vary from polls to post but by and large they are relaxed and caters to the aspirations of large number of people aspiring to be law graduate. There is no upper age-limit for admission. However a candidate must be at least 17 years of age on the date of application. A graduation degree with 45% marks (40% for reserved category) is the basic qualification required. Universities like DU and BHU require minimum 50% marks while universities like Kurukshetra, Rohtak, Meerut require only 45% marks in graduation for law entrance exams.

Reputed colleges like Faculty of Law, Delhi University and Faculty of Law, Banaras Hindu University (BHU), Punjab University etc. continue to offer the three-year LLB course apart from other good colleges like Government Law College (GLC), Mumbai and ILS Law College, Pune, Jindal Global Law School, Sonipat.

It’s not a very wise idea to draw a comparison between a five vs. three year law entrance exam syllabus as both addresses to the requirement of candidate who fall within the group different from each other in its entirety. Five year law course is designed and customized as per the market demand of the lawyers on the other hand a three year law course follows the same old path of traditional and conventional form of legal academics which however is never and impediment of your demand in the legal industry.

It can however be suggested that one must think before plunging into a completely new field, rather to consult someone who has been in the field of law for a few years and update oneself with the current trends of legal industry with a clear thought process as to what exactly is to be done after law degree. Bear in mind the advice given by Lord Justice Frankfurter:

“You belong to a profession with a great tradition, a tradition which you must continue not as inert heritage, but through your own efforts on ever continuing heritage of service”

In no other occupation to which men can devote their lives, is there a nobler intellectual pursuit or a higher moral standard than inspires and pervades the ranks of the legal profession.

Hr Jobs – Recruitment Jobs – Hr Director

As hr director, you must find departmental solutions for problem areas such as staffing and health and safety needs. You must coordinate the other members of your team to ensure a uniform front.

You’ll need an excellent understanding of how your organisation operates, its business requirements and commercial objectives. You’ll work very closely with other departments, and provide an information resource for both employees and senior management.

In addition to the above, you’ll assume overall responsibility for all hr jobs functions such as employment law, working conditions, disciplinary and grievance procedures, equal opportunities, redundancies, paternity pay and maternity rights, recruitment, training and development , salary reviews, staff welfare, counselling facilities and sports and social activities.

You may also work closely with company lawyers and trade unions, as well as other directors and board members.

Hours and Environment

Basically, you’ll work between 37 and 40 hours a week, from 9am to 5.30pm, Monday to Friday. However, you may often need to work extra hours.

Your role will be mainly office based, although you will also travel to visit other business sites or to attend meetings and conferences.

Skills and Interests

A human resources director should have:

  • Outstanding commercial and strategic business insight
  • Excellent interpersonal and communication skills
  • Diplomatic and negotiaton skills
  • Tact, and the ability to deal with difficult situations
  • Numerical and budgeting skills
  • Knowledge of UK employment legislation.
  • A keen interest in the role of HR, career development and training within the workplace.

Entry

Promotion to director will normally be from manager.
Relevant commercial experience, for example in management or law, is an advantage.

Training

CIPD qualifications are essential. They offer various courses and qualifications through full-time study, part-time study, or flexible learning.

The CIPD’s Professional Development Scheme (PDS) covers leadership and management, people management and development, generalist and specialist personnel and development, and applied personnel and development.

There are various certificates available, including:

  • Certificate in Business Awareness and Advanced Professional Study (CBAAPS)
  • Certificate in Personnel Practice (CPP)
  • Certificate in Training Practice (CTP)
  • Certificate in Recruitment and Selection (CRS)
  • Certificate in Employment Relations Law and Practice (CERLAP)
  • Certificate in Coaching and Mentoring (CCM).

Opportunities

The majority of commercial and public sector organisations have a human resources function. Potential employers include manufacturers, retailers, banks, consultancies, local and national government. Opportunities exist throughout the UK.

Career progression is structured, and there are plenty of opportunities to gain experience or specialise in other areas of human resources.

For senior posts, employers expect candidates to have relevant CIPD qualifications.

You may move between employers to progress, or switch into another sector, such as training or marketing.

You also have the opportunity to become self-employed and offer a consultancy service. You can work abroad as well.

Distinguish Between Law of Tort, Criminal Law and Contract Act

1. INTRODUCTION:

Tort is breach of some civil duty independent of contract for which compensation may be recoverable. If there is an injury for which no compensation is recoverable is not tort. The law of tort is based on common law. It is still growing. It is not the part of statue law.

2. MEANING:

The word tort is derived from Latin word “Tortum” which means to twist or ‘conduct’ which is twisted.

3. DEFINITION:

> Salmond:

According to Salmond Tort is a civil wrong for wh’ch the remedy is a common law action for Unliquidated damages, and which is not exclusively the breach of a trust or other merely equitable obligation.

> Oxford Dictionary:

Tort is a private or civil wrong.

> Philip James:

Tort is a private or civil wrong independent of contracts for which appropriate remedy is an action for unliqidated damages.

4. DISTINGUISH BETWEEN TORT AND CONTRACT:

I. AS TO RIGHTS:

> Law of tort protects right in rem available against the whole world.

> Law of contract protects rights in personam which means against a particular individual.

II. AS TO DAMAGES:

> In tort, damages are unliquidiated.

> In contract damages are liquidiated.

III. AS TO CONSENT:

> Tort is always inflicted against consent of the person.

> Contract is always founded on consent of a person.

IV. AS TO CODIFICATION:

> Law of tort is not codified.

> Law of contract is codified.

V. AS TO FIXATION OF RIGHT AND DUTIES:

> Rights and duties are fixed by law in law of tort. > Rights and duties are fixed by parties in contract.

VI. AS TO DEFENCE:

> In law of tort necessity is a defence. > In contract, necessity is no defence.

VII. AS TO DOCTRINE OF VICARIOUS LIABILITY:

> Principle or doctrine of vicarious liability applies.

> Principle or doctrine of vicarious liability does not apply.

VII. AS TO LIMITATION:

> Limitation of time is one year in tort. > Limitation of time is three years in contract.

IX. AS TO POSITION OF MINOR:

> In law of tort a minor person can sue and can be sued.

> In contract a minor person can not sue and can not be sued.

5. DISTINGUISH BETWEEN LAW OF TORT AND CRIMINAL LAW:

I. AS TO PARTIES:

> In tort parties are known as plaintiff and defendant.

> In criminal law, parties are known state and accused.

II. AS TO PUNISHMENT:

> Tortfeasor has to pay damages.

> Criminal are sent to prison.

III. AS TO PROCEDURE:

> In tort, proceedings are regulated by civil procedure code 1908.

> Proceeding are regulated by the criminal procedure code 1898.

IV. AS TO INTENTION:

> Intention is not relevant in tortiuous act.

> Intention is always relevant in criminal act.

V. AS TO DEFENCE:

> Necessity is a defence in tortiuous act.

> Necessity is not a defence in criminal act.

VI. AS TO COMPROMISE:

> In tort, compromise is permissible.

> Compromise is not permissible in criminal law.

VII. AS TO PROCEEDINGS:

> Proceedings are conducted by injured person in law of tort.

> Proceeding are conducted by the state in criminal law.

VIII. AS TO CODIFICATION:

> Law of tort is not codified.

> Codified in Pakistan penal code.

IX. AS TO POSITION OF MINOR:

> A person under seven year is tortuously liable in tort.

> A person under seven year is not criminally liable.

6. CONCLUSION:

To conclude I can say that law of tort is different from law of contract and criminal law.

Carving Strong Professional Careers through Eminent College in India

The Indian law profession over time has become one of the most sought after career choices for students in India and has marked a very rapid growth in a short period of time. The legal profession in India eminently helps to empower the Indian society to fight against the economic structure and inequalities that are prevalent in the society. Citing the very importance of the legal profession in the country, some of the leading universities are providing extra attention towards improving the quality of legal education in majority of the law colleges in India. This has been one of the foremost steps to create more skilled and professional lawyers who can add to the very development of this country and its economy.

The world of jobs and employment in India has changed massively; there has been a drastic increase in the number of opportunities that are available for legally trained persons. Rapid globalization is one of the other major factors that have efficiently led to the liberalization in the all-important legal industry of India.

To curb with the over growing demand for legal professionals many leading law colleges have been enhanced their education platform and infrastructure to meet the very demands of today. There are many leading law colleges in Kolkata, which are known for their high education standards and efficient learning environment. These institutes aim at delivering world class Legal education that generally has a number of theoretical and practical aims.

These leading law colleges in Kolkata lay great emphasis on various objectives that differs from period to period, from place to place, and person to person. One of the foremost aims of these colleges is to make the students familiar with the legal concepts and with the characteristic modes of legal reasoning. These eminent law colleges in Kolkata help students in becoming acquainted with the very processes of making law, settling all forms of disputes, and regulating the basics of the legal profession

Liberal Arts can be defined as an education that provides a comprehensive overview of the arts, humanities, mathematics, natural sciences and social sciences. Over the past decade the very education of liberal science is gaining more and more importance at the college level education, with its studies students can explore job opportunities in sectors like teaching, construction, services, analyst, investigator and many more. There are many renowned liberal arts colleges in India that are known for their extra ordinary education modules, these colleges provide students with a n comprehensive knowledge base on the core elements of this branch and allow students to specialize in a field that benefits them the most.

Legal Elements for your Business – New Company Registration, Formation, Incorporation & LLP Registration under One Roof

Company is a kind of separate entity. Simply mean a group of people with same and common aim and target of doing business in order to earn profit. Company is generally formed for the purpose of doing business in the international market. Therefore, there are many challenges have to be faced by different companies in this competitive market. For those corporate and business houses that are performing outside country businesses will face more difficulties and hurdles as compared to domestic businesses. In order to handle those difficulties and hurdles, every country follows certain rules and regulations established for business and corporate sector. Like US, AUS, UK, NZ, Canada, India, China, Honk Kong and many more are following their own rules and regulations for handling business issues at domestic as well as international level.

Like in India, one of the emerging countries in the field of business, offering awesome business opportunities to all world leading companies follow wide verities of business and corporate laws for operating business sector globally. In this world of competition it is very important for all types of cooperate sector to accompanied with different corporate and business laws in India in order to gain legal benefits. In India, Companies Act 1956 is one of the corporate laws that provide company formation and registration. There are many other services like trademark registration,llp registration ,copyright, stpi, corporate dispute solutions, patent registration, brand and logo registration, fcra registration, nbfc registration and many more laws are established by Indian corporate law authority.

Among these corporate law services, llp registration, company incorporation in india and company formation in india are the two most important law services that work for the society. Under this section you will also find new company registration in india where it is recommended to all new as well old company to get registration under the Companies Act 1956. It is one of the ways to protect your company from misuse, stolen or copied your company name and address from any unauthorized party. Here, company name, area of operation, classification of operation, head office address, company address, branches and many more things are to be registered under company registration in india. In this world of technology, there are business law companies like tm-india, 365companies, companyregistrationindia and many more are offering various types of business law services under one roof. For user convenient these are now also providing their online services for distant client. These online facilities are really simplified the process of following business laws for corporate sector. Now, it doesn’t matter, where you are, you can easily fill an online form related to your business law query on these corporate websites and have your solutions at an instant. It only saves time bit also provide reliability from both sides. Therefore, at present time when there is a huge competition in the international market, there will be more chances of getting plagiarism and misuse by unauthorized person, these business or corporate laws are only the way to get protect from all these types of illegal activities.

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’.

The benefits of hiring international employees

If you or your law firm is looking to recruit new employees, there are a number of ways to go about doing so. Whether you hire and promote internally, use personal contacts or publicly advertise to source potential candidates there are a number of ways to attract job seekers. If you’re looking to expand the candidate pool you are choosing from when filling a position, then as an employer there are a number of benefits in hiring international employees.

Most developed countries allow companies to sponsor expatriate workers that have the skills necessary to fill a role. Furthermore, if your firm has offices situated internationally then the transition can be quite simple. If you’re interested in the legal recruitment of foreign workers then here are some of the main advantages.

– Access to highly skilled employees. If you are choosing candidates from a global – as opposed to a local or national – labour force, the quality of workers increases. As an employer you know that you are choosing from a broad spectrum of talent which promises to deliver the best candidate for the role.

– Productive workers. When an international employee relocates for a job, they usually come with a real commitment to and interest in that role. As such, foreign workers are generally very productive. Many foreign workers are more dedicated to their jobs and employers than native nationals who are more freely able to change jobs.

– Diversify your company. Hiring international employees diversifies your company profile. Different cultures and nationalities in the workplace create an interesting mixture of ideas and produce a company that stands out from its competitors.
– Confidant and flexible employees. Although it’s not prudent to generalise, it takes a certain confidence and bravery to relocate your life for work. As such, expatriates are likely to be up for a challenge, confident and motivated employees who can strengthen the profitability of your company.

There are a number of advantages in hiring international employees. It is important, however, to bear in mind that certain legal restrictions may apply to international workers who have studied one country’s system of law and may not be admitted to practice law in another country without undertaking further study or testing. If you’re interested in sourcing expatriate lawyers, then choose employees from countries with similar legal systems. The Australian and British legal system, for example, lends itself to international workers moving between the two with relative ease.

If you’re looking to recruit new employees – whether you are looking to fill corporate orbanking and finance law jobs – consider sourcing foreign candidates to increase your potential pool of employees and get the best employees possible.

Law Legal Job FAQ

A couple question nearly becoming a cop within CA?
Specifically in the Los Angeles/Orange County area. How long does it hold? What do you have to do? Are there different routes you can lift? I ask for information but also for insight since I know that usually there are a lot of intricacies that empire dont think about resembling for instance when people enroll in the military and dont know what they enjoy gotten themselves into. I am interested in social work and criminology. I dont think I would want to be a traffic cop or a composition work cop or maybe not even a jail cop. I would approaching to work in the community. Do you get a choice?

A coworker spreading a rumor to my boss more or less me disappearing the company for a alien opening?
Hi all, thanks for any relief you can provide on this. In short, I wore a suit to work one day (without a tie) in my business cool office. I hadnt dropped off my dry cleaning surrounded by a while and was running short on clothes. I also happened to come contained by an hour late that day, but I have told my boss this in advance and it be fine. Anyway, a coworker made the assumption that I was coming from a job interview. She next told my boss that she thought I was looking for a new work elsewhere. Now, here’s the thing– I actually had an interview that hours of darkness after work for a part time/nights and weekends holiday job at a local department store. Just to earn some extra dosh and have a nice retail discount around the holidays. I have no intention of going away my 9-5 anytime soon. So anyway, the next day, i be offered the part time job, and contracted I would just let my boss know that I would be working on the side, as I didn’t mull over she’d have a problem with it. As I suspected, she did not own a problem, and actually thought it was a upright idea (and actually mentioned that bonuses may be small or non existent this winter for conspicuous reasons). At this point, she chuckled and said she was really worried when I came contained by to talk to her, because she had hear a rumor I was looking for a new errand. She thought that when I went to her office and asked her if she have a minute to talk that I was going to dispense my notice. She then told me who told her that and underneath what circumstances. Essentially, my coworker went to her and told my boss that she thought she should know that she thought I was looking for a untried job, so she could ‘be prepared’ for my exit. So, that’s the long and short of it. Obviously, it’s total B.S. office informer. However, I had considered not telling my boss more or less the new part time job– I indicate, it’s my business, and it’s not going to effect my performance, so I don’t feel similar to I’m obligated to tell my employer anything. But, like I said faster, I just felt it be best to be up front about it and let my boss know, because I didn’t imagine it would be a problem. But it raises the question- what if I hadn’t told my boss about my segment time job? She probably would have be analyzing my actions over the coming weeks. What if I banged surrounded by sick? He’s probably at another interview! See what I’m saying? I just focus that by spreading this rumor to my boss, my coworker jeopardized my good standing as a dedicated member of staff to my company (which I most definitely am). So, I guess my question is: Do I hold any legal recourse? Does this fall beneath the umbrella of creating a hostile work environment? Is anyone aware of any precedents that have been set surrounded by any regard to my situation (i.e. workplace gossip becoming a legalized matter)? In conclusion, let me just articulate that I’m planning on setting up a meeting with my boss and her boss to discuss the issue, but I want to know going within to it if there’s any legal evidence to support my complaints, or if it’s just nonspecific workplace gossip B.S. I’m sure they’ll understand where on earth I’m coming from, but I’d like them to agree that this is a serious matter and shouldn’t be tolerated, and I’d close to as much evidence as possible to back that up. Thanks in credit!

A craft contained by Law?
I’m doing the IB next year, so I need to consider what i’ll be doing after that. Is a work in Law a fulfilling one? My dad was a legal representative, and he really hated it because of the hours, but does anyone have any apt points apart from the money! I would want to work in business law, not individual a barrister or a solicitor.

A craft surrounded by statute, press.?
I need to take my option this year for GCSE. I only have four. I enjoy already decided to take History, Sociology and Business Studies. I hold one left. I can either pocket triple sciences, or two languages. Which would you take and why? If I pinch double award science I still get two GCSE’s… But still. Which should I take, Triple Sciences, or two language. Please please, state a reason.

A cv? please facilitate?
i have no work experience, i am studying law and would resembling to work in a law firm, i go to my solicitor and he says bring a cv. so could people give a hand me with my cv.

A entity said that I stole a computer and i be arrested facing court arrangements of burglary?
I was working for 3 months in a warehouse and at that time we have an auction this was my first one that i had ever done. I be not given any info or booklets on what to do. a person purchased ten pallets for two dollars picked up six pallets and gave me the rest to do as i pleased.a co-worker asked me for a monitor so i give him one and i was accused and arrested for raid.i have a written document on the person that purchased the pallets axiom he gave me everything,but i still have to budge to court for theft.

A examine on UK employment regulation?
Serious answers please. Ive just reached the cease of my 6 months probation in a permanent full time role. My supervisor, who have been here half the time say he wants to extend my probation by 3 months as he hasnt had the luck to set goals assess me correctly. However our manager as be here all this time. Ive arranged to talk to HR in the order of this, because, as the economic situ is gloomy, Im a bit concerned human being still on a week’s leave. Can anyone advise on my rights? Please guys, just if you know for a fact. Much appreciated!

A few question going on for becoming an attorney? ?
I am interested in litigation consulting and appellate law. A few question: 1.) Are these two usually practiced at the same time or are they mostly exclusive of each other contained by terms of a career? 2.) How meaningful is it to get a good clerkship after graduate law school? 3.) Are nearby any law schools that are chiefly strong in Appellate Law or Litigation Consulting?

A friend of mine and I worked together and we quit, it’s become fairly a mess, are we surrounded by legitimate trouble?
We worked at a preschool. We became rat infested, had creditors calling and accounts contained by collections calling. They came out to shut our electric off, our dumpster hadn’t be picked up in 3 weeks, and the whole place smelled same bleak it was making my friend and I nauseous and giving us headache. They refused to call a rodent Company, and my husband removed a departed one from the attic a few weeks ago. We had no supplies or snacks for the kids because the rats were chewing through everything. Last darkness after Business hours, she and I took our resignation letters that properly and politely touched on all of the above reason, left those, our keys, and our time cards for the week on the desk, and did not going this morning. The word found out *I still don’t know how!* and the owner told them if they ran the story, that she would sue them, and the two little girls that did this, meaning my friend and I. SO far, I’ve be informed that it is not job abandonment because it be not during Business hours. I’ve also been told it’s not slander if it’s true. I have photos of the conditions of the building. I’m not trying to do anything to them, I of late couldn’t breath in there. Should we verbs or contact a lawyer?

A group of organization inclu me contained by a firm didn’t grasp net from finishing feb, wat ll v do, is in attendance any decriminalized move?
lam working in a software firm as technical associate, our squad includes five members, we r in hardware troubleshooting slot. last month our company divided into two. So we r in the bright section of the parent company. From last month we r not getting net (January, February). Company is saying there is some transaction problem when it divided. But we come to know that their excuses r meaningless. What we ll do, is there any legal move needed? or what type of permitted action we have to pilfer? This is a problem affecting lot of members in the screened-off area. Please give me solution. (legal as well as any other)

A Hard Day At The Mall?
So if I worked for this company wireless phone company and I quit my job two days ago cause my mediator said I was a liar. So we have a agruement and I walked off the opening he called me cursing at me more than once and texting me also. So I’m upset now create I walked into the mall today and I be banned. So I was wondering what you can do to acquire banned from a mall. Like the reason they ban you for. Cause quitting your job doesn’t give the impression of being reason enough.

A interrogate for uk allowed eagles.?

If someone has worked for a company for between 33 and 55 hours a week for a company but never signed a contract, do they still have endorsed rights in regard to employment law

A interview nearly file chapter 7?
Since the laws regarding collapse were changed do we have to hold an attorney file for us or can we have a paralegal do it? Is it still as impressive to go through a paralegal instead of a bankruptcy attorney or is it no longer risk-free to use only a paralegal?

A job contained by LAW?
I am still in school, and when i grow up i would close to to do a job in Law. i own been doing research and have found out that first of adjectives of course i have to do adjectives my A-levels (by the way which should i choose to help qualify me for a chore in that subject) and after that you are meant to dance to university and get a Law degree and after that you turn to law school, and after that you do training. Is this true. Thanks for your sustain.

A job legalized money?
I’ve been working for my uncle as a plumber and i use to get salaried an average of $1800 after taxes. This morning one of the employees told him that i was doing side call for my own gain. (I did one call but it was to backing out a friend. I wouldn’t screw anyone over like that.) So when my uncle found out he changed my flat rate paycheck. Now I only form 18% of each call. That’s not plenty to pay bills with. Can he reasonably do this to me if so can I do anything about it? (Just FYI hes a jerk and doesn’t listen to reasoning so there’s no destiny of me being able to explain myself to him.)

A Lap Pad be moved out inside my mothers belly during a colon resection surgery..pls read on…?
this is an absolute negligence case. Do we really need a lawyer to aquire compensation for this economically documented medical malpractice situation? Should we approach the hospital without a lawyer to ask for compensation? Then hire one if they stay away from to compensate?

A lawful question~Help please?
Okay, someone gave me and my friend their credit card information…He wants us to use 150$ of it he’s buying an admin spot on a winter sport we made, but i don’t know if this is legal if we use it or not.. He told us to but you know… i don’t really know he lives in Kuwait

A Legal Question.. Please abet!?
The Question: George promised his son that he would pay him $1000 if he gave up using tobacco, swearing, and playing cards until he be 21. The son did so and asked his father for the money. His father agreed to pay, but died before he did so. The father’s estate refuse to pay, arguing that there be no consideration for the father’s promise. Should the court uphold the agreement in this case? Why or Why not? Thanks!

A legal representative surrounded by Little Rock, Ar. that would be capable of do a lawsuit against Wal-mart contained by Hot Springs,Ar.?
I was fired from Wal-mart on 2/05/08 and the manager that fired me put on the dissertation work: insubordenation and criminal intent for the reason I was fired. I’ve lately found out that the criminal intent part is: they’re saying that I attacked a customer service mediator named Neeta Harris,when in actuallity she be the one who attacked me. What can I do about this to get my describe cleared ?

A little give a hand?
My boyfriend is 23 and has applied for our local police department. He was one of 120 applicants, and have passed the polygraph, physical assesment, psychological test, and written assessment. I am assuming he is past the milieu check as well, since the police department has call me and his references. The police officer I spoke with have said that he will speak with my boyfriend on sat. or sun. for approximately 2-3 hrs. Is this his interview, or is this section of the background check? My final question is, will this be done contained by our home or at the police department. By the way, they are down to 27 guuys(as far as we know) and are hiring 6 (fingers crossed)! 2 days ago

A notification from the advocate to the client?
Hello! I am a first year at a law school. I enjoy for homework, to write a letter to a client of mine (assuming that I am his lawyer). I have an belief as how to write it, but I do not have an example to look at to compare my idea. I enjoy to tell my client that he has be accused of something that is not a crime, base on our legislation. I know that the relation client-lawyer changes from state to state, from one system to another, but I just want a common idea. Has anyone written/ received this kind of epistle? Thanks in advance.!

A official ask: Do I call for to gain releases from general public I purloin pictures of on the street and post on my blog?
If I take pictures of people on the street and post them on my blog, do I have need of to obtain some kind of officially recognized releases from them? They are pictures of strangers, just walking around, attending a concert, or doing something unusual in public. My blog doesn’t trademark any money, but can I get into trouble for not having written say-so from them? What if I actually interview them about what they are wearing or what they are doing? Does that construct a difference?

A official grill. Does anyone know how long one can save a guest’s belongings formerly it is considered pass over?
A homeless family stayed at my house for a few days and skipped town leaving adjectives of their possessions. How long would I have to store their belonging before it be considered abandoned? And what would be the legal process to take care of this?

A paralegal I go to misused my personal information. What do I do?
He posted my information on the web. The police won’t do anything, nor will the State Bar, or the FBI, or the Atty General, or the business licensing division. Apparently, paralegals don’t enjoy anyone governing them.

A possible craft surrounded by forensics?
I just recently thought in the order of pursuing a career in forensics. However, I only graduated with a bachelor’s surrounded by business administration & majored in information systems. Forensics & investigative work own interested me for years (I like researching, analyzing, & I’m a BIG TruTV fan); I just never considered making it a craft because I haven’t really been “excellent” in biology/chemistry. If anyone know, is there any way I could somehow use my point in a forensics career? What areas of forensics would be devout to pursue?

A query of UK employment decree?
this is a slightly complex question that i am having difficulty surrounded by answering. Max has been employed within a UK registered company, in the north of england for the last 6 months. It have been confirmed that he is employed on an indefinite basis (permenant staff). Max’s company works as a service provider to clients by interacting near their customers- simular to that of an outsourcing operation. His employer now informs Max and his co workers that they cannot provide work for a 2 week period due to a close down “requested by their client” after which it is business as usual. What are the option for max about protecting his wages as their company is “unable to provide work”? What are the option of the business to charge their client? and finally, what are the options of the business about not paying their staff for the time of year which they cannot supply work? much thanks for the input.

A Question mostly for you Old Timers: What profession would you own chosen …?
… 30 years ago if you knew what you know Now? Maybe you thought you were suited for a Sales trade but found out you weren’t. Maybe you should have stayed in the Military? Or you should hold got a decent training and been the next CEO of IBM. Or you should hold studied computers more and beat Bill Gates to the gate.

A Question Regarding New Hire?
Hi there! My question is: if an employer wishes to hire me, do I have to show him my original copy of SSN card, driver license, etc or lately showing the photocopy of it is fine? What if you don’t have a driver license or a passport? Will Student ID work? Thank You!

A quiz give or take a few my take-home pay?
I am a salaried employee who works a compressed shift of three twelve hour days. My employer only pays me for 36 hours but I reckon since I am on salary I should get compensated for 40 since I am not missing any time due to sickness or such.

A relative that works (a) Solo surrounded by Georgia The boss wont consent to them cooperate on their errand for 12 hrs. Is this legally recognized?
This is crazy. These are adults, not kids,who work 12 hours a day and if they talk earlier their break the emplyees will get written up or dismissed from their job. I necessitate to know if the BBB can or should be contacted about this situation?

Theft, Non-fatal Offences, Criminal Law Elements of Proof

THEFT AND NON-FATAL OFFENCES, STATUTORY AND COMMON-LAW PROOF IN CRIMINAL LAW CASES

> Theft and Related Offences

Theft says s.1 Theft Act 1968 is the dishonest appropriation of another’s property with the intention to deprive the other of it permanently. The actus-reus of it is in s. 3 ‘appropriation’ (‘any assumption of an owner’s right’) as can be changing price-labels to pay less: R -v- Morris 1983, or such ‘borrowing’ of a season-ticket in a way as makes it of no or little value: R -v- Llyod 1985 (‘property’ being, s.4, all property including money and things in action, but physical things as paper and not abstract things as knowledge copied from it: Oxford -v- Moss 1979, limitedly on wild-growing plants [unless uprooted] and on flowers-fruits-leaves [unless for sale]; ‘belonging to another’ is by another owned or in lawful possession or control of another, e.g. taking without payment from repairer: R -v- Turner 1971). The mens-rea of it is ‘dishonestly’ in s. 2 (defined in terms of: s. 2(1)(a) unless s/he believes it right in law to do so or s. 2(1)(b) that the owner in the circumstances would consent if knew or s. 2(1)(c) that the owner could not by reasonable steps be discovered), regarded as a two-stage test of ordinary standard of reasonable man and knowledge of it: R -v- Feely 1968 & R -v- Gosh 198; also ‘intention to permanently deprive’ as in Lloyd.

The Theft Acts provide also for other offences.

Obtaining property by deception is in s. 15 of the ’68 Act , as theft but ‘by any deception’ -by false words or tricky behaviour: R -v- Bernard 1837 (pretending as business inducing investment & supply of goods) R -v- Gomez 1993 (unentitledly in Salvation Army uniform collecting money).

Obtaining services by deception is s. 1 of the ’78 Act -it is as for property in the earlier Act.

Evading liability in s. 2 of the ’78 Act is the offence of similarly avoiding e.g. debts.

Making off without payment (‘bilking’) is s. 3 of the ’78 Act ~e.g. restaurant -without paying.

Robbery is s. 8 enabling theft by force or such threats, at the time or before, as would put in fear another of there and then being subjected to it ~theft with assault or battery -max.: life.

Burglary in s. 9 is mostly by trespass -by unauthorised entry to or to any part of any building (including caravans & house-boats lived in), s. 9(1)(a) ‘intending to steal or inflict grievous bodily harm or raping any person within it, or doing unlawful damage to it or anything within it as a trespasser,’ s. 9(1)(b) or upon entry as trespasser without such intention doing or attempting so ~it is can be tried by Magistrates -by a Crown Court if involves the intention to rape or cause grievous bodily harm

Taking a conveyance without consent is s. 12, taking, driving or being in, any thing constructed for carrying people by land, water, or air (except pedal cycles) ~it is a summary offence, normally, with max. 6 month imprisonment -unless aggravated by dangerous driving, or damage to it, or accident causing injury or damage (in the Criminal Damage Act 1971 ‘reasonable careful person test’ applies).

> Non-fatal Offences Against the Person

Non-fatal offences against the person are in part common law offences, and in part by statute; and, in order of seriousness, they are as follows:-

In Smith -v-Chief Superintendent of Woking Police Station 1983 entering a garden at night, by looking through a bedroom window terrifying a woman was an offence under s. 4 Vagrancy Act 1824 ~if intending to assault -words alone are not normally enough.

Assault is causing apprehension of immediate unlawful physical violence intentionally or recklessly -its charged under s.39 Criminal Justice Act 1998. Threats not capable of being carried out do not constitute it.

Battery is the intentional or reckless subjecting of another to unlawful force; and, as in the case of hitting one wit a missile, it need not be coupled by assault. This also is in common-law, charged under s.39 of the Criminal Justice Act 1998.

In both of these offences the mens-rea is intention: R -v- Spratt 1990, or by subjective recklessness: R -v- Savage 1991 was deliberate unreasonable risk taking, and R-v- Parmenter 1991: not if the risk is obvious but if malice was involved. While both the actus-reus and the mens-rea must exit at the same time, the mens-rea can be formed in the course of the actus-reus: Fagan -v- Metropolitan Police Commission 1969 -having accidentally driven car on policeman’s foot, refusing to move car when told had formed it

Satisfactory evidence of consent is a defence: R -v- Donovan 1934 (prostitute beaten by a stick for sexual gratification), if the offence is not a more serious one.

Assault Occasioning Actual Bodily Harm is a s. 47 offence and it is when battery, alone or coupled with common law assault, the statutory ‘assault’ of the Act is so serious that it is likely to interfere with the victim’s health and comfort -without cutting the whole skin, physically such as grazing and concussion: R -v- Roberts 1971, or: R -v- Chan & Fook 1994 as nervous shock in psychiatric terms: R -v- Ireland & R -v- Burstow 1997 (a direct physical attack is not a requirement, also e.g. silent telephone calls may constitute the offence of causing actual bodily harm. Its actus-reus is itself as the consequence by the ‘but for’ test, the objective test; it requires this to be coupled with the mens-rea in the form of intention or subjective recklessness: Roberts (where intentionally or subjectively recklessly there was unlawful force, which objectively occasioned the bodily harm). In Donovan consent was not a defence because actual bodily harm was caused ~the nature and the degree of the injury itself being the decisive factor in whether common assault was the offence involved -to which only it is a defence, or actual bodily harm or greater..

Unlawful Wounding is a s. 20 offence, and it is by any means unlawfully and maliciously wounding or inflicting grievous bodily harm. In the actus-reus the ‘wound’ is other than a broken collarbone: R -v- Wood 1830 or internal bleeding: JJC -v- Eisonhower 1983; it need not be serious. But ‘grievous bodily harm’ must be serious -although not necessarily permanent or life threatening, nor by a direct attack: R -v- Martin 1881. The mens-rea of it is ‘maliciously’ (intention or subjective recklessness) which applied as transferred malice in intended hitting in R -v- Latimer 1886; but in R -v- Parmenter where ‘neither could have intended nor realised injury’, and consent here too was no defence in R -v- Brown & Others 1993.
Wounding with Intent is s. 18, the most serious of the Act’s offences. It is ‘unlawfully and maliciously by any means whatsoever to wound or cause grievous bodily harm… with intent to do some grievous bodily harm.. or to resist or prevent the lawful apprehension or detaining… of any person’; its actus-reus is as for unlawful wounding, but its mens-rea is the intention to commit the crime, and proof of that is required, but it can be reduced to and dealt with as ‘unlawful wounding’ based on subjective recklessness: R -v- Constanza 1996 : it can be stalking and if silent telephone calls cause mental anguish as in R -v- Gelder 1944.

Assault occasioning actual bodily harm and unlawful wounding carry a maximum sentence of five years imprisonment, but wounding with intent carries, as maximum, life imprisonment.

> The General Elements That Must be Proved Before Establishing Criminal Liability

These have to be looked at first, in considering whether any offences may have been committed. Some of these are statute-based and some under common-law, their development having been much affected by such pressures as economic, social, and political. Usually specific are the features of each crime, but there are some common elements.

One is innocent until ad unless found in law not to be -except in strict-liability cases; this requires showing both that a guilty act was done, as well as that it was intentionally done.

Actus-reus is the criminal act: e.g., s. 1 of the Theft Act 1968 ‘dishonest appropriation’; or the criminal omission: e.g., s. 6 Road Traffic Act 1988 ‘fails to provide a specimen’; or a criminal a state of affairs or event: e.g., in Winzar -v- Chief Constable of Kent 1983 the charge of ‘found drunk in the highway’; or the criminal consequence: e.g., s. 47 Offences Against the Person Act 1861 ‘occasioning actual bodily harm’-which is a ‘result crime’ necessitating showing a casual link in fact or in law.

Causation in fact is determined by the ‘but for test’. In R -v- White 1910 the mother’s death having been from natural causes, poisoning her was not the cause, and it not killing.

Causation of law depend on the contribution of the intervening act. R -v- Roberts 1972 injury of jumping out the car was caused by sexual advances made to the woman in the car; in R -v- Pitts 1842 drowning was caused while escaping from an attack; R -v- Lewis 1970 broken leg resulted from escaping threats and attempt of violence; the reasonable act of the victim in seeking to escape being subjected to a crime was the link. Contributory negligence of the victim in R -v- Holland 1841 (self neglect) did not break the link, in R -v- Deer 1996 was still the significant operative in the death -it was killing, a thyroid condition unknown to the accused at the time did not change the ‘egg-shell skull rule’ and one took one’s victim as one found the victim -and R-v- Blaue 1975 (refusal of blood-transfusion on religious grounds) this applies also in respect to the spiritual condition of the victim. The sole cause of death need not be the act or the omission and in R -v- Pagett 1983 the ‘instinctive’ fatal shooting by a policeman of a human-shield was unlawful killing of the accused who had ‘substantially’ caused it; while some reluctance was shown by the courts in treating intervening medical treatment as breaking the link and in R -v- Smith 1959 as much as by 75% reduction of it by that did not break the link, in R -v- Jordan 1956 palpably wrong medical treatment was the direct and the immediate cause of death, from R -v- Cheshire 1991 it is clear that the link can be broken.

Mens-rea is the fault-level of the accused in the act or mission; it is often included in the definition of serious crimes e.g., ‘with malice aforethought’; it is ‘the guilty mind’ by intention, recklessness, or gross-negligence.

Intention, for most serious crimes, has to be specifically shown, by a subjective test deemed by the jury to have been present, R -v- Moloney 1985: in the form of foresight of, R -v- Hancock & Shankland 1986: the probable consequences, wilfully and deliberately carried out ~or in R -v- Nadrick 1988 with virtual certainty of the probable consequences -which may be intention: Scalley 1955.

Recklessness in ss. 47, 20, 23 Offences Against the Person Act 1861 (actual bodily harm, grievous bodily harm, rape) show basic intention; it can be subjective: leaking ripped off gas-meter killed in R -v- Cunningham 1957; or objective: R -v- Caldwell 1981 (arson by drunk) -s1(2) Criminal Damage Act 1971: as to whether life would be endangered.

Negligence can be mens-rea in non-strict-liability offences of e.g. Factories Act 1961 -but only as a last resort; but gross negligence, often, is sufficient mens-rea in homicide cases: Adomako 1994

Strict liability does not require mens-rea e.g. Food & Drugs Act 1995 -in Meah -v- Roberts 1977 of the unfitness of drink for human consumption the accused was innocent yet still guilty ~but in Warner -v- Metropolitan Police Commissioner 1969 (dangerous drugs case) ‘one cannot be in possession the contents of a package when he/she does not know what it is’.

These are an outline as guidelines; laws change, always ascertain current law.

The Effects of Criminal Law on Our Lives

In our private lives, the area of law we will experience the most, either directly or indirectly would have to be the criminal law.  Not necessarily through contravening its principals, the individual citizen will more commonly encounter its breadth in the course of their everyday lives, considering as a factor the legal ramifications of any desired conduct or decision in the decision making process.  For most of us, we tend to live our lives within these predetermined boundaries with no second thought or question as to the morality of the prohibited option nor the moral authority behind it.  In this article, it is proposed to look at the nature and scope of the criminal law in our society, and to discuss whether as an entity it is too intrusive, or whether it is naturally a required aspect of regulating society.

It is often said academically that the citizen enjoys freedom to act as he wishes in his life, subject to the regulatory provisions of the criminal law and the criminal justice system.  It is thought that as citizens of a particular country, largely at freedom to choose where we live in the world, we impliedly accept the authority of the relevant legal provisions which, for the most part, regulate on a moral level.  Of course there are exceptions, i.e. criminal laws of a regulatory or secondary nature which do not directly bear any moral message, such as speeding limits or parking restrictions.  So, then, to what extent does the criminal law reflect morality, and further from what source is this morality derived?

The criminal law is said to operate in mind of the public good, and the benefit of society.  It could, therefore, be argued to be crossing the boundaries into serious restrictions on liberty when it regulates personal conduct like drug use which may not have any wider impact than on that of the person indulging accordingly.  Why should the criminal law impose restrictions on what a person can do with his or her own body?  Surely our own freewill is a good enough justification for acting outwith the scope of the law in these types of scenario?

Furthermore an interesting area of the criminal law is potential liability for omissions.  In this sense, the citizen can actually be punished without acting at all in a specific way.  This takes the criminal law beyond a regulatory framework for the public good into an actual coercive force to make people positively act in a certain way.  For example, in some jurisdictions there is a legal duty to report a road traffic accident.  This means a citizen who is aware of the occurrence of such will have committed a criminal offence where he does not act in the prescribed manner.  Again, this is surely affording a broad scope to the criminal law, which may be seen by some as intruding on the fundamental freedoms and values upon which most modern nations were built.

It is interesting to consider the real impact of the criminal law, and the sheer breadth of conduct it regulates.  From the objectively morally wrong to the less obvious cases of imposition of liability, the criminal law places severe restrictions on the general principal of absolute liberty, which is clearly the subject of much academic and philosophical debate.

Top Law College in India – Jeen Institute of Law Behror Rajasthan India

There are many professional colleges in India where students opt for. Now days BCA, MCA, BBA MBA, medical and engineering are very common lines in which law institutes in india student want to go. The most interesting stream for which students are opting these days is Law and they are searching for law College in India.
law college in india is in excessive rate in India for which student can go. Here are the lists of few law colleges in Delhi which are offering Legal Education including Civil Law, Criminal Law, Business Law, Forensic Law etc. and courses which are Bachelor of Law (BL), Master of Law (ML) etc.
1.    Faculty of Law – Jamia Millia Islamia, Delhi
2.    Amity Law School, Delhi
3.    Vivekananda Institute of Professional Studies, Delhi
4.    Campus Law Centre – University of Delhi, Delhi
5.    Law Centre NO – I, Delhi University Campus, Delhi
6.    Law Centre NO – II, ARSD College, Delhi
In India there are many law institutes but very few are advised. The law institutes are the places where students are given graduate in law .law is in different branches like criminal law study, HR in human law and many more.
Faculty of law is the best law college in India which is located as Delhi university law school. In many law colleges admissions are based on the merit marks that are the cut offs but in few there is special entrance exam which are held then few consoling sections are organized for students and then are finally selected for the law education.  There are many best law institutes in india where student can take admission for law education and those are listed below:-

1.    NLSIU,Banglore
2.    NALSAR,Hydrabad
3.    Symbiosis law college,pune
4.    ILS law college
5.    Faculty of law,BHU
6.    Faculty of law,DU
and many more.
The law institutes in india directory  provides wider information on the very leading law institutes of India. Now you can View detailed information on various courses of your choice offered by these institutes, fee structure, duration of course and admission procedure at the popular law institutes of India on various sites also. Just by accessing the websites of leading law institutes in India providing diploma’s and degree’s level education in the field of law in India on popular courses such as LLB (3yr), LLM (2yr), B.A (3yr).you can also view their contact information of these institutes and get online admission in to these popular courses by felling up there forms online or by going to the college.
In some law colleges the LLB Corse is of 3years where as in some the LLB cores are of 5years. The 3year cores is consist of only the law section the students who are graduate can get admission where as in LLB of 5 years the students who have passed there academics that is the XIIth can take admission. 5 year law divided into two section the graduation + law.  There are few institutes and colleges too where the graduation took place for 1year and provide diploma in several fields in law just like the certifications.

Law Courses and Career Scope

If the world of law inspires you and the system of justice fascinates you, a career in law is for you. Legal profession is a fast growing, lucrative and the most respected career in India today. It is a very exciting and adventurous career. To pursue a career in law, one needs to pursue professionallaw courses. There are a number of institutes and universities in India that offer law courses. One could specialize into one of the various arms of law such as: corporation law, civil law, criminal law, and international law, labor law, patent law, tax law and so on.

In India, both government and private institutes offer under-graduate and post-graduate law courses to students. One could pursue LLB and LLM after graduation from these universities. Apart from the degree law courses, some institutes also offer diploma law courses in various disciplines such as Administrative Law, International Law, Labour Laws, Tax Laws and Corporate Laws. These small law courses are also helpful in building a successful career in law.

There are various branches of specialization in the field of law. These include civil law, criminal law, corporate law, property law, income tax law, marine law, public international law, family law, labour law, press law, excise law, constitutional law, administration law, sale of goods law, trade mark, copyright and patent law etc. Thus, there are numerous options for one to choose from. The eligibility to pursue LLB is 10+2. Course duration is 3-5 years and for a PG programme in law, the eligibility is LLB degree. Duration of LLM is two years. Once you pursue a course in law, you can opt for employment in different courts of law, in government service, as a law teacher, as a legal advisor to a company or a business house. One could also practice privately as a legal advisors advocate, solicitor etc.

On completion of the course, one can enroll with the local State Central Bar council. The Bar Council of India and the State Bar Councils are the statutory bodies that form a self regulated code of law for legal professionals practicing in India. Thus, all aspiring lawyers are required to enroll with these councils. Lawyers enjoy a position of reputation in the society and their services are required at different fronts in different situations of life. One falls back to the legal system when all else fails so the demand for legal practitioners is always high in society. During any dispute or a matter of legal concern, it is the duty of lawyers to counsel their clients about their legal rights. Lawyers suggest legal remedies and course of action in matters of contention. It is also the duty of lawyers to draw up legal documents like wills and contracts. Lawyers also represent clients in court and tribunal proceedings and conduct negotiations on behalf of their clients. .

To become a successful lawyer, just academic qualification is not sufficient. One needs to acquire professional competence through experience and practice under the mentorship of efficient lawyers. One learns the ropes of the profession and the shrewdness that is required with experience. The personal attributes that are required to be a good lawyer include communication skills, patience, logical reasoning, and a very good memory. A good lawyer would be well updated with the latest information on nay changes in law and would have done a fair amount of reading.

With a law degree, if one takes up additional qualification too, it will help in making the person eligible for a variety of employment opportunities such as government services where lawyers are appointed through UPSC and can join Indian Legal Service and serve as Law officers, Dy. Legal Advisors and Legal Advisors. One can also join judiciary where the posts are that of the magistrate, district and sessions judge, sub-magistrate, public prosecutor, solicitors, attorney general, advocate general, notary and oath commissioner. Then, there are law inspectors, legal officers in banks, judicial members of income tax, sales tax and excise departments, government advocates and staff in the registrar of companies’ office. Thus, there is no dearth of employment opportunities for those who have done law courses. With a law degree and an additional course, one can aspire to make a very successful career in the field of law.

Importance of Hiring the Best and Most Professional Business Lawyers

People running a business whether small or large always require professional help in case of problems associated with a business on a day to day basis. Most matters relating to litigation are solved by the most professional lawyers on a regular basis. Litigations in matters associated with real estate property might arise from time to time in the corporate world and need professional assistance. In many instances matters relating to settling long pending cases relating to staff issues also require professional help. Many times hitches or hindrances might arise for a business and require it to go for a legal advice to reach out at the most amicable solutions. Business Lawyers in Miami through their most professional approach have assisted businessmen in arriving at the best solutions whenever the need arises. Solving most of the pending court cases well in time by bringing disputing business parties to a reconciliation table has increased demand for such lawyers. For big corporate houses a professional lawyer helps in solving problems between labor commissions and management. Any kind of guidance relating to project expansion or setting up new projects in new areas always requires guidance from Miami lawyers. Also in order to be well aware about various government notifications for businesses and their legal angle a lawyer needs to be hired.

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Florida Business Lawyers work round the clock for assisting some of the big corporate business houses in solving matters relating to business development and growth. Most of the times while running a business some litigation might arise on account of some business rival interference. All this is solved professionally by a business lawyer. These lawyers also assist upcoming businesses in studying business laws and their pros and cons. In cases where approvals from government are required by a business house theses business lawyers assist in bridging the gap. All matters relating to problems and issues arising in business on account of pending bill clearances for delivered goods and services require theregular business lawyer assistance. These lawyers can even fight long drawn litigations for securing interests of their client businesses. Wills and licensing matters of a business might in one way or the other require professional lawyer help. So in a way business lawyers have come up as a great help for any upcoming business through their important guidance and legal support.

Business lawyers have played an important and decisive role in solving long pending land and other property related legal disputes between many business houses. Thus the support and guidance of these business lawyers help a business run smoothly.

5 Musts When Looking for a Business Lawyer

Selecting a business lawyer is critically important to your entrepreneurial endeavors. Why do some franchisees in the making skimp on researching and comparing attorneys or make rash decisions based on a Google search? It’s simple: It seems like trying to pinpoint the best business lawyer is too difficult. How can you tell a great franchise attorney from a mediocre one? Shopping in the legal world, which is steeped with jargon, may not seem like as fun as shopping for your ideal customized running shoes or new car online. However, this is one decision that will impact everything about your future, so choose wisely.

Fortunately, there’s a list of must-haves for those on the hunt for the ideal business lawyer. It’s your checklist to pave the way to a lasting and healthy professional relationship. You didn’t jump into the world of franchising willy-nilly. Instead, you (hopefully!) carefully researched opportunities, weighed your goals and background, and narrowed down your choices based on data. Do the same when choosing a business lawyer. Here are a few things this professional should have:

1. Experience in the industry: This means experience not just in franchise law (which is a given), but also in the industry you’re entering as a franchisee. Depending on the size and popularity of the franchise, it may or may not be possible to find a suitable attorney who’s worked with this particular franchise before. However, you at least deserve an attorney who’s in the same realm. For example, maybe they’re highly experienced in fast food franchising and you’re going to be the newest owner of a McDonald’s.

2. They list franchise law as a specialty: Business law is a vast realm that encompasses many areas — franchising might not be every business lawyer’s specialty. You can always ask them, but a better clue is to look at their posted list of niches (or, better yet, find an attorney who uses franchise in his or her firm’s name).

3. Expertise in your state: You wouldn’t hire a lawyer from California when you’re opening a franchise shop in Utah. Your attorney should be familiar with state laws and ideally have an established presence in the state where you’re setting up shop. Different states may have different franchise laws and regulations. You don’t want an attorney who’s still learning the ropes to lead you on this journey.

4. Accessibility: Is it easy to set up an appointment with the attorneys, and are they willing to work around your schedule? Do they have an emergency number just in case things go awry in the middle of the night? Are they convenient to access, and do they offer counseling by whatever means works for you (Facetime? In person?). These are consideration you don’t think about until you have an emergency.

5. Transparent communication: The legal world is confusing, and it’s a lawyer’s job to translate jargon for clients. If you leave an initial consultation (which should be free) with a lot of questions, that’s a sign that this attorney isn’t a good match for you. You’re a franchisee and business person, not an attorney. Make sure everyone, including your lawyer, is doing their jobs.

 

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.

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

Law school scholarships that single motherscan 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.

Attract Your Ideal Job With The Law Of Attraction

Choosing the right career is of highest importance if you want to live a happier and more fulfilled life. Today, in this highly competitive world, most of you spend the largest part of your time at work. If you are not happy in your job, it will be reflected in the other areas of your life. If, on the other hand, you make the right career choice right from the beginning and do what you really love and enjoy, your job will be fun. The great Confucius once said “Choose a job you love, and you will never have to work a day in your life.”

Most of us are conditioned by society, by our parents and friends to do the jobs which are considered to be highly prestigious and which will allow us to get a very high income. As such, we tend to do jobs which provide us with a high remuneration even though we don’t really like what we are doing.

Your career choice should not only be based on what will provide you with the highest income or what others want you to do, but it should be based on a number of other factors like, what you love doing, what your talents and aptitudes are, what type of personality you have, etc. When you do a job that you don’t like, you will never perform at your best and your productivity will be poor. This in turn causes a lot of stress as a result of which, many other problems crop up in your life. This, however, should not be like this. You all deserve to do the things that you really love and enjoy as you are all bestowed with unlimited potentials and unique talents. It is only when you do what you are meant to do that success will follow. When you are happy doing the job you are destined to do instead of blindly following the crowd and doing things that are not meant for you, you emit positive vibrations as a result of which you tend to attract more and more positive things into your life.

A wise person once said “If you follow the crowd, you will likely get no further than the crowd. If you walk alone, you’re likely to end up in places no one has ever been before. Being an achiever is not without its difficulties, for peculiarity breeds contempt. The unfortunate thing about being ahead of your time is that when people finally realize you were right, they’ll simply say it was obvious to everyone all along. You have two choices in life. You can dissolve into the main stream, or you can choose to become an achiever and be distinct. To be distinct, you must be different. To be different, you must strive to be what no else but you can be.” Doing a job you love is therefore of utmost importance for you to live a joyful life.

You can use the Law of Attraction to choose and manifest your ideal career in your life. This powerful universal law states that you attract into your life, whatever you give your energy, attention and focus to, whether wanted or unwanted. If you want to attract your ideal job, first of all, you must be very clear about what you want. Most of the time, you only have a very brief idea about the job you would like to do and as such, you tend to attract jobs that are not really suitable for you. How do you become clear about what you want? Most of the time, it is very difficult to know exactly what you want in an ideal career. One of the best ways to become clear is to make a list of things that you don’t like in a job. You don’t have to focus on what you don’t want to attract but just examine briefly what you don’t want. Once you have made a list of around 50 things that you don’t want, you can proceed by making the list of things that you want in an ideal job. The things that you want are the exact opposite of the things that you don’t want. For example, “I don’t want to do a job where I am not happy” will be replaced by I want a job where I am very happy and “I don’t want to have a boss” will be replaced by “I want a job where I am my own boss”.

Once you are clear about what you want in your ideal job, you must raise your vibration to attract your ideal job into your life. It is very important to know that in life, you do not get what you want but you get what you vibrate. You must therefore become a “vibrational match” to what you want in order to attract what you truly desire. You can raise your vibration by acting as if you already have the job that you want and start experiencing how you would feel if you were already doing that job. You can use affirmations or phrases like “I am in the process of attracting my ideal job” to raise your vibration to attract what you desire. You can also visualize what you want in your job and make as if you already have it. You must note that whether you are using affirmations or visualization, the most important thing is that you must feel what it would be like to already possess your ideal job.

Once you are very clear about your ideal job and you have raised your vibration to attract your ideal career, you should allow your ideal career to manifest in your life. Allowing is the absence of doubt and fear. If you have a strong desire to attract your ideal job but at the same time, you have strong doubts, you will never be able to attract your ideal career because you will be sending mixed signals in the Universe. If, on the other hand, you have a strong desire and some doubts, you will attract your ideal job, but it will take a little longer to manifest in your life. The best way for rapid manifestation of your ideal career is when you have a strong desire and no doubt at all. The right understanding and application of the Law of Attraction will bring miraculous results in your life.

You are all unique and are all here for a specific reason. You are born with specific talents and virtues and your job is to discover what you are here for and do the job you are designed to do, since the world needs what you have to give. Finding your true calling and doing the job you are meant to do will be your gift to this world and will allow you to live a more joyful life. As Abraham Maslow rightly said “A musician must make music, an artist must paint, a poet must write, if he is to be ultimately at peace with himself.” Your life is too short to be little and you all deserve to live an awesome life. Always follow the advice of Al Lopez who once said “Do what you love to do and give it your very best. Whether it’s business or baseball, or the theater, or any field. If you don’t love what you’re doing and you can’t give it your best, get out of it. Life is too short. You’ll be an old man before you know it.”

Lawyer Jobs – Top 10 Most Lucrative Lawyer Jobs

Lots of opportunities are coming up these days for the students. They have the opportunity to choose the field which they prefer and make proper advancements in their career. It is always important to choose the career which interests you the most.

You should never compromise with your choice in this case because a forced choice might even ruin your career. Legal field has gained quite a lot of popularity among students these days. There has been a steep rise in the number of lawyer jobs opportunities in the country in the recent times.

In the present scenario therefore these jobs have become the hottest jobs as well as the most wanted opportunities. If you are looking for the attorney jobs then you can do so in a number of places.

These job opportunities are available on the internet as well as from the local newspapers. These are high paying job opportunities and they can provide you with compete job satisfaction. The top ten lucrative lawyer jobs available these days are for the fresher as well as for experienced lawyers.

1. Law jobs can provide you with lucrative opportunities to practice in the court. Other than this, you can even start practicing on your own which can also fetch you quite a handful of money. You must always try to climb the ladder of success by gathering more knowledge and experience in this field.

2. Government attorney jobs can also be a lucrative offer. Here you have a secure job and you can learn from your own mistakes.

Watch: 10 Fastest Growing Jobs

3. If you do not want to fight cases in the courtroom you can opt for the paralegal jobs. Paralegals are people without whom the lawyers are basically nothing.
The paralegals are responsible for reducing the job of the real lawyer. All the paper work as well as research work is usually done by the paralegals.

4. Corporate lawyers are the hottest trends these days. The corporate companies require lawyers for bankruptcies, mergers as well as acquisitions. These companies usually do not take any important step without consulting their lawyers.

5. Entry level lawyer jobs can also provide you with lucrative opportunities. They help you learn the job and gather useful experience which can be used to achieve success in this field. They pay might not be very good in the beginning but it will improve.

6. To start with lawyer jobs you can choose to the law student jobs. You can join law firms as interns.

7. Real estate attorney jobs can also be interesting in this field. People who join this field usually get at least $60,000 per annum.

8. Medical attorneys also have a lucrative career.

9. You can try out the position of legal secretaries.

10. Check out the position of celebrity lawyers.

Types of Criminal Law Crimes

In criminal law, there are three major categories that crimes may fall under: felonies, misdemeanors, and infractions. Though the crimes and punishments that fall into each category may vary by state, it’s important to understand what each category entails and what it could mean for you or a loved one.

Felonies

Felonies are the most serious types of crimes that a person can be charged with, resulting in more serious punishments and longer jail time. Crimes that fall into this category can include murder, robbery, DUI, and domestic violence, among other offenses. If you are charged with a felony, the specific line of punishment you receive depends largely on your specific case. Felonies are typically divided according to whether people or property is threatened, and most states classify felonies as crimes that carry with them a minimum jail time sentence of more than one year. In some jurisdictions, a felony may be punishable by loss of voting rights; exclusion from purchase/possession of firearms, ammunition, and body armor; ineligibility to run for public office or serve on a jury; and, for severe crimes like murder, a guilty felon may receive the death sentence.

Misdemeanor

Misdemeanors are less serious than felonies, carrying with them less severe punishments and oftentimes including a fine. Jail time typically is under a year, though cases can also be resolved with probation, community service, or treatment programs, depending on the crime and ruling. Similar to felonies, misdemeanors are divided depending on whether persons or property is threatened. Crimes against persons include assault, disorderly conduct, DUI, indecent exposure, and prostitution, among other crimes. Misdemeanors against property include theft, trespass, and vandalism. If you are charged with a misdemeanor, chances are high that you will retain most of your rights, including the ability to serve on a jury and vote.

Infraction

An infraction is the least serious offense of the three categories. There is no jail time associated with an infraction; instead, punishment usually includes fines and, in some cases, points against your driving record. Types of this offense include jaywalking, speeding tickets, not wearing a seat belt, littering, and disturbing the peace. Infractions are also known as traffic misdemeanors and can be added to your driving record. You are issued a ticket with an infraction that details your rights as the accused and how to pay for your ticket, which you can either pay or dispute. If you do not perform any action by the ticket’s deadline, however, a default judgment can be ruled and your driving record may suffer. The best thing to do is to deal with them promptly.

Understanding the Objectives of Criminal Law

Los Angeles is governed by different laws that guide its residents on what they should and shouldn’t do. Any violation of the law is punishable and the degree of punishment depends on the extent of the offense. Severe violations of the law that causes serious damages are categorized under criminal offenses. These are weighed by the jury using the guidelines of criminal laws.

Offenses that fall under criminal law are murder, theft, battery, and sexual abuse. Even aiding and abetting, burglary, and assault are considered criminal offenses in Los Angeles and in most part of United States. Criminal offenses are enforced with corporal punishments in different forms and levels.

Criminal law enforcement is commonly done by “balancing the scales”. This is due to the thinking that criminals have to suffer the same way that their victims did. For example, a murderer deserves to undergo death penalty to balance the scales. This enforcement objective is called retribution.

Another enforcement objective is called deterrence, whether individual or general. Individual deterrence aims to punish the sole offender, while general deterrence aims to punish a greater group of society to discourage others from violating the law. A criminal attorney in Los Angeles may also be handling a case in which the law enforcers aim to incapacitate the client. Incapacitation is the act of extracting the offender from the society through death penalties or life imprisonment.

A criminal attorney in Los Angeles may also encounter law enforcers who aim only to rehabilitate the offender. This applies to criminal cases brought about by a certain form of addiction of the offender. There is also another form of enforcement objective called restitution where the only aim is to repair the damage done. These may seem like subtle consequences, yet these cases still need the assistance of criminal lawyers.

A criminal attorney in Los Angeles handles these cases because of his or her expertise in criminal law. Criminal charges are filed in courts and undergo a long process of stressful court proceedings. Once an accused person is proven guilty, enforcement of criminal law is done for different objectives.

Problems relating to existing legal education in Bangladesh: An agenda for the advancement of legal education in Bangladesh

Though legal education is ancient, it is a prestigious one. At present, the demand for LL.B. (Honors), LL.M. yet increased especially since the separation of judiciary from the executive organ. There is a declaration that only those who have legal knowledge are entitled to become a judge. Moreover, now many local and foreign companies need legal advisers. Banks and NGOs also need legal consultants. The function of a legal adviser in general is to deal with the legal matters of the companies, banks & NGOs.

As we know that England is famous for its legal education system. There are many courses available namely LL.B. (Honors) with Economics, LL.B. (Honors) with Accounting, LL.B. (Honors) with Management, LL.B. (Honors) with Finance, LL.M. on International Trade, LL.M. on International Investment, LL.M. on International Commercial Law, LL.M. on Intellectual Property and so on. Introducing these courses in Bangladesh would require much time. If the teachers and course coordinators of law in different universities in our country propose for a modern course curriculum of LL.B. (Honors) which includes accounting, finance, statistics, and computer studies as like as B.Sc. (Engineering) offered by different engineering universities. I think then the law graduates will get more opportunities in case of working with different multinational companies as well as local companies.

There is a court named Artha Rin Adalat. In order to become a Judge of this court, the basic knowledge of economics, accounting, finance and statistics etc. is an additional advantage. The law graduates who run businesses and are not involved in practice may also be benefited from having knowledge of those subjects. Ultimately, the demand for law graduates have increased and students will become more interested to study law. A further advancement in the L.L.B. (Honors), LL.M. course curriculum will be fruitful for student to jump start their career as successful legal professionals.

In Bangladesh, there are two separate kinds of legal education, first private law college-based two year post graduate course, and second one is the four-year undergraduate LL.B. (Honors) Programme, which is generally followed by a one year LL.M. course offered by Law Faculties of both Public and Private Universities. But it’s a matter of sorrow that the curriculum followed in public and private universities and law colleges is too obsolete and traditional. Though the subjects included in the course-curriculum of public and private universities are relatively more developed and relevant, but a number of subjects have to be included in these present curriculum (say for example, many universities and law colleges don’t offer cyber law, criminology, environmental law, consumer law, admiralty law and so on), otherwise the national and international need will not be met up. So we can see that course curriculum as well as examination system are also be considered as a major problems in the existing legal education.

Considering the course curriculum in the law colleges and public and private universities, we can see that there is a huge gap in case of quality of legal education.It is because of lack of funds, absence of government control as well as financial assistance, infrastructural inadequacies, shortage of academic faculties (e.g. lack of well equipped and good collection of law books and journals in the library), poor management, absence of full time teaching staff, and irregularity in admission and so on.

The most important problem is that most of the private universities and private law colleges admit the student without any written admission test and oral test. Selecting students via written and oral test in the law colleges and private universities is not satisfactorily met up. Because of it, there is no option to examine the applicants’ analytical skill, writing ability and vision to study law. In this case, public universities are far better than private universities and law colleges. So we can see that there exists a haphazard legal education in Bangladesh.

Moreover, the evaluation process in almost all the institution encourages only memorizing, and hardly accommodates any space for innovation, logical thinking and an interdisciplinary approach to learning law. Ultimately, law degrees are conferred upon those students who are not qualified to receive it. As a result, they are not committed to use the law as a tool for social justice and reforms. Considering the importance of legal education, the following points are to be seriously taken into considerations by the policy makers as well as academicians:

(1) Introducing basic law in all levels of education.

(2)Modification of LL.B. (Honors) & LL.M. course curriculum by introducing new courses.

(3)Teaching methodology is to be made more practice-oriented, accommodating (e.g. mock-trials and moot courts).

(4)Establish a national committee consisting of eminent academicians, judges and lawyers to motion the standard of legal education.

(5)To arrange training to the law teachers by the national committee as they able to ensure quality education in their universities.

(6)Offer lucrative remuneration along with admissible benefits to the law teachers as they don’t give up their teaching profession,

Finally, I would like to say, in order to ensure quality legal education in Bangladesh, there is a compelling need to change legal education in Bangladesh by significantly ways. Keeping the needs of modern time, policy makers need to take long term reform plan if law is to work as an effective tool to ensure social development. Only a satisfactory legal education system can make possible this role for the law to play.

Condition of English in Bangladesh: Second Language or Foreign Language

The question of language has resulted into many conflicts and discontentment. The prime example of such discontentment is the Language Movement of 1952 in Bangladesh. On the other hand we can not live in isolation. We have to be in contact with the speakers of other languages. Bangladesh is considered to be a monolingual country in which more than 98% of the population is speakers of Bangla language. However, there are more than ten languages in such a small country like Bangladesh. Monipuri, Urdu, Chakma, Santali, Garo, Rakhain, Tipra- are just some of the other languages present in Bangladesh.

The interesting thing is that Urdu is a Indo-European language but written in Arabic script, Santali belongs to the Mono-Khemar language family while Chakma belongs to the Chinese-Barmese language group. So, although Bangladesh is often portrayed as a country of linguistic unity based on Bangla language in reality it has notable linguistic diversity. To communicate with the speakers of other languages we either need to know their language or communicate in a Lingua-Franca that is comprehensible to both of us.

Today, the world has become a global village. Thanks to the advancement of communication system and technology. Every country is dependent on others for trade and commerce, education, politics etc. As a result, we have to constantly communicate with other countries and speakers of other languages. Third world countries like Bangladesh have to depend on foreign aid because they are not self-sufficient. As a result, many foreigners come to Bangladesh. A third factor is the factor of religion. The sacred language of the Muslims is Arabic, Sanskrit for Hindus, Pali for the Buddhists and Latin for the Christians.

All these factors remind us the necessity for learning other language(s) in addition to our mother tongue. According to this reality many countries of the world have adopted a European language as second language which is often used in education, law court, economic activities and government works. These languages have most of the time official status in the constitution of those countries. Many of the cases the countries have adopted the language of their past colonial rulers as the second language. Sometimes these languages are also called official language. In many African countries we can see this picture. On the other hand, some European languages have become very important in the world for literary and economic purposes. For example, German and French are considered to be important languages of the world because both of them have influential literature and economic aspects associated with them.

For example, many people in our country are interested to learn French because it may help them to get UN jobs and jobs in Multinational companies. Another attractive motivation for learning French in Bangladesh is that it may help us to immigrate to Canada as skill in French language gives a person some extra points in the point system of Canadian immigration.

The title of my research is “Status of English in Bangladesh: Second language or foreign language?” I have selected this topic because from sociolinguistic point of view the status of English is a very interesting one. On the one hand English language is dominantly present in every side of our national life while on the other hand in our constitution it is clearly declared that the language of the country is Bangla. In fact, nothing is said about the status of English language in our constitution. On one hand, economic activities in the private companies are carried out in English while there is a government law (Bangla procholon ain1987) that government offices must use Bangla in their official works. So from the government point of view Bangla is the national- official language of Bangladesh and English is the most important foreign language. But in reality English is the second language of the country and in many places English is more important than Bangla in Bangladesh.

Second language:

A second language is any language other than the first, or native, language learned; it is typically used because of geographical or social reasons. The term is to be distinguished from foreign language; linguist Eric Lenneberg uses second language in his critical period hypothesis to mean a language consciously learned or used by its speaker after puberty. In most cases, people never achieve the same level of fluency and comprehension in their second languages as in their first language.

Historically in Europe, the most widely used second language (or lingua franca) was Latin. It was used by the Church; by the Law (as it still is today); in Medicine (starting much later); Horticulture and biological classification of plants, animals, fruits, nuts, etc.

Latin was used so much across Europe that it was called the vulgar (or common tongue); this is why the Latin version of the Bible is called the Vulgate.

Nowadays, English is considered the world’s most widespread second language; it is used in areas as diverse as the internet, television and radio, and international aviation.

The success of English throughout the world stems from two major causes: the far reaching influence of the British Empire, and the 20th century (and continuing) dominance of the United States in the fields of business and entertainment.

French was for a time the lingua franca (the origin of term) in Europe. In history, both England and France were ruled by a single crown – the language used by the royal court was French (English was considered “the peasant’s language”). Afterwards, as was the case with English, the French empire spread its language through colonization. French continues to be one of the world’s most widely spoken languages. (Source: Wikipedia)

If we look at the definition of second language then we can easily say that English is the second language of Bangladesh. It is widely used in many parts of our national life. Many people watch English television channels and also use Internet. The students have to study it for twelve years and those who want to join civil service by attending BCS exam also have to sit for English examination. The only thing that is missing from the above definition is the fact that except for formal occasions no one speaks in English in Bangladesh. It is not the language used in home among family members and among friends in informal conversation.

Foreign language:

A foreign language is a language not spoken by the indigenous people of a certain place: for example, English is a foreign language in Japan. It is also a language not spoken in the native country of the person referred to, i.e. an English speaker living in Japan can say that Japanese is a foreign language to him or her.

Some children learn more than one language from birth or from a very young age: they are bilingual. These children can be said to have two mother tongues: neither language is foreign to that child, even if one language is a foreign language for the vast majority of people in the child’s birth country. For example, a child learning English from her English mother in Japan can speak both English and Japanese, but neither is a foreign language to her. (Source- Wikipedia)

From the above definition, it is seen that foreign language refers to a language that is not native to a person. From this point of view English can be considered as a foreign language in Bangladesh since it is not native in our country. Hardly any Bangladeshi person speaks in English although many of them use it in education and business.

Official language:

An official language is something that is given a unique status in the countries, states, and other territories. It is typically the language used in a nation’s legislative bodies, though the law in many nations requires that government documents be produced in other languages as well.

Officially recognized minority languages are often mistaken for official languages. However, a language officially recognized by a state, taught in schools, and used in official communication is not necessarily an official language. For example, Ladin and Sardinian in Italy and Mirandese in Portugal are only officially recognized minority languages, not official languages in the strict sense.

Half of the countries in the world have official languages. Some have only one official language, such as Albania, France, or Lithuania, despite the fact that in all these countries there are other native languages spoken as well. Some have more than one official language, such as Afghanistan, Belarus, Belgium, Bolivia, Canada, Eritrea, Finland, India, Paraguay, South Africa, and Switzerland.

In some countries, such as Iraq, Italy, Russia and Spain, there is an official language for the country, but other languages are co-official in some important regions. Some countries, such as Australia, Sweden, Tuvalu, and the United States have no official languages.

The official languages of some former colonies, typically French or English, are not the national languages or the most widely spoken language.

In contrast, as a consequence of nationalism, Irish is the “national language” of the Republic of Ireland and its first official language, although it is spoken by only a small fraction of its people. English, which is spoken by the majority, is described only as the second official language (Constitution of Ireland, Article 8).

In some countries, the issue of which language is to be used in what context is a major political issue.(Source-Wikipedia)

From the above definition, it is seen that the notion of official language is complicated. According to our constitution English can not be termed as the official language of Bangladesh since it has no status in our constitution. The only language that is mentioned in our constitution is Bangla. But English is allowed in our parliament and many government events. For example, when there is a government event in which some foreigners attend then in many cases the speakers use English language. Many important government documents are written both in Bangla and English. The parliament proceedings are kept into these two languages. When a government body organizes a fair then often the souvenir is published in English.

Constitution:

About the language of the country the Bangladeshi constitution clearly states:

“The state language.

The state language of the Republic is [Bangla].”

(Source: [http://www.pmo.gov.bd/constitution/consti2.htm#3].)

In the constitution nothing is mentioned about the status of English. English is not mentioned as a second language or official language. So if we take the status of English in our constitution then we cannot claim that English is a Second language or Official Language in Bangladesh.

English in Law court in Bangladesh:

After Independence the government took the initiative to implement Bangla language in law court. As a result, now the lower courts carry out their activities in Bangla but English is yet very influential in High Court and Supreme Court. If a lawyer wants to practice in Supreme court then he must have a good command over English language. Many of the judges still give their verdicts in English language. It seems that this trend of using English will remain for the forcible future.

English in Education sector in Bangladesh:

Formal and institutionalized education system started in Bangladesh during the British rule. At that time Bangladesh was part of British India. There was a debate about the medium of education. Raja Rammohan Roy argued that the medium should be English rather than Sanskrit or Persian. During the British period the medium of education was largely in English. Calcutta University took an initiative in 1935 to introduce Bangla as a medium of education along with English. In Bangladesh the use of Bangla in college level started in the 1960s. Now students can answer in the examinations in Bangla or English. In the college level and university level after 1971 the government tried to patronize Bangla and implement it by replacing English in the education sector but this did not came into reality because of some basic problems. The first problem is that there were not enough books of any field in Bangla language. This problem is more acute in science and technology. For example, there are almost no books in Bangla about computer technology that can be used as a reference book in the University level.

Actually there are three kinds of education systems in our country- Bangla medium, English medium, and Madrasa system. Bangla medium schools can be divided into two sections- government schools, and kindergarten schools. In the kindergarten schools more emphasis is given on English language than government schools. Some of the famous kindergarten schools of Dhaka are Vikarounnesa, Holycross, Willes Little Flower, and so on. Although these schools belong to Bangla medium the students have to study 3-4 English books like: Radiant Way, Active English, Desk Work, Fundamental English, Brighter Grammar, and so on. On the other hand in the government schools there is mainly one English book (English for Today) which is published by Bangladesh Text Book Board. The English medium schools do not follow Bangladeshi education system and are under the supervision of British Council. The medium of instruction in these schools is English and many of the students of English medium are even very weak in Bangla language. There are two kinds of Madrassas – Dakhil and Kawmi. The Kawmi Madrassas are not recognized by the government and do not receive any assistance from the government. In this Madrassas emphasis is given on learning Arabic, Persian, and Urdu while Bangla and English are neglected. On the other hand in Dakhil Madrassas emphasis is mainly given on Arabic and Bangla and English are not so much neglected.

So we can clearly see that the difference in education system in Bangladesh is solely based on the difference in the medium of education. Although Bangla is the National-Official language of Bangladesh it is the English medium education institutes who get more money. The rise of private universities has only increased the status and importance of English language in Bangladesh. There are now more than 50 private Universities in Bangladesh and the medium of education in all of them is English. These universities charge 2 lakh to 5 lakh taka for Bachelor course. If the medium of education was in Bangla then hardly any student or parents would get interested to pay such huge money for the education in private universities.

From the above discussion it is clear that in our general education system English has equal if not more importance than Bangla. In our education system English is really the Second language as all the students have to study it as a compulsory subject for twelve years.

English and Administration:

During the language movement the people of Bangladesh were afraid that if Urdu was established as the State Language of Pakistan then all the government activities will be carried out in Urdu and our people will suffer. As a result of the language movement, the Pakistani Regime kept on carrying out government activities in English language. After Bangladesh became independent the government of Awami League decided to replace English with Bangla in administrative works but after the death of Sheikh Mujib this process came to a halt and English continued to remain as the dominant language. It was during the rule of Ershad Bangla Procholon Aeen of 1987 was created and implemented. From that time English started to lose its significance in administration. However, it has to be mentioned that all the international communication of Bangladesh government is carried out through English.

English in Economic activities:

The economy of Bangladesh is dependent on foreign aids and export of some common items like ready made garments, jute, tea, fish etc and also we import a lot of things. Bangladesh is not self sufficient economically. Trading is more popular than production. Trading requires constant communication with foreign companies. Many of the companies who are involved in trading have to use English in dealing with foreigners. Suppose, a company is doing trading with China which is not an English speaking country. Then the company has to contact the Chinese company in English. If we look at the advertisements of the private sector jobs then we can easily notice that most of the job advertisements are posted in English. Even most of the private sector job advertisements that are posted in Bengali newspapers are posted in English. Almost all the private jobs state that the applicants must have good proficiency in English language. Almost all the public limited companies publish their annual reports in English. Some of these companies produce a Bangla version of their annual report but the emphasis is always on English. So it is clear that English is the dominant language in our economic activities.

Comparison of English with Arabic, Sanskrit, and Pali in Bangladesh:

Arabic, Sanskrit and Pali are the religious languages of Muslims, Hindus and Buddhists respectively. Even the uneducated people try to learn these languages as they are considered to be holy. If we compare the learning of English with these languages then we can see that English is given more importance. For example, the tuition fee of a English coaching center is much higher than that of an Arabic coaching centre. English private tutors get 4-5 times more money than Arabic private tutors (Huzur). So although Arabic has religious sentiment attached to it English is considered to be more important as it has economic benefit.

Comparison of English foreign languages like French, German, and Farsi:

French and German have become very popular for economic reasons in our country. Learning these languages help us to increase our possibility to get a UN job. Learning French is also helpful for getting immigration to Canada. Also there are good facilities to learn these languages in Dhaka University, Alliance Francaise, and Goethe Institute. Recently, the English Institute of North South University has introduced French course. On the other hand during the Muslim reign Farsi was the language of the Royal administration and law court in Bangladesh. At present, a student can attend Farsi course for one semester by just paying tk. 250 in Iran Cultural Center but there are not many students who are interested to learn Farsi, French, and German. On the other hand, hundreds of students each year appear for TOEFL and IELTS exams in English language.

From the above picture it is clear that the status of English is much higher than foreign languages like German, French, and Farsi. We can not deny the reality that if a person is good at English then he can earn money in any part of Bangladesh but if a person is good at French, German, or Farsi he has hardly any scope to earn money by using his skills in these languages.

Recommendations:

From the discussion so far there is no doubt that English is the second language of Bangladesh but this reality is not reflected in our constitution. Officially Bangladesh is not known as an ESL country to the outside world. So Bangladesh should be declared as an ESL country by the government without any delay. We learn English not because we like Shakespeare or Dickens. We learn English from out of every day necessity. If Bangladesh is declared as an ESL country and English language is given a clear status in the constitution then it will not only reflect the reality but also it will help us internationally. Now Bangladesh is desperately trying to attract foreign investors. Before any company comes to Bangladesh for exploring the investment opportunities one of the key areas they would look for is the availability of pool of English graduates and they also expect that the normal workers will have basic understanding of English language. If we become an ESL country then these foreign companies while searching about Bangladesh will get assured about the strong presence of English language in this country.

The same picture is there about educational sector. Many Bangladeshi students want to go to developed countries like USA, UK , Canada, and Australia for higher education. If Bangladesh is declared as an ESL country then these students will be benefited because then the Universities of those countries will get the idea that English has special significance in Bangladesh.

So I recommend to the government of Bangladesh that English should be declared as the second language of the country by amending the constitution.

Conclusion:

Bangladesh is the only country in the world whose people sacrificed their lives for the language. Now the historical language movement of 1952 is acknowledged internationally as the International Mother Language Day. It is true that our people are emotional about their language, Bangla. However, it is equally true that now our people have become desperate about getting skilled in English language. As a result, there are more than fifty private universities now in Bangladesh. If North South Offered BBA and Computer Science courses in Bangla medium then they would not get even 10% of the number of students they have now. It is now good time that we finish the great contradiction about the language issue and declare Bangladesh as an ESL country for our own benefit.

Fundamentals Of Business Law

UCITA stands for Uniform Computer Information Transactions Act and it is a states draft law for contracts. The National Conference of Commissioners on Uniform State Law drafted this model law to facilitate licensing of computer softwares; the most well known law is Uniform Commercial Code. Before the UCC and the UCITA, the commerce clause was used to regulate commerce in US with foreign nations, among the states and with the Native American tribes. The clause had emerged when Framers responded to the central problem giving rise to the constitution itself. The primary use of the clause was to preclude the kind of discriminatory state legislation that was once permissible. Commerce clause provided the congress with authority to conduct their business across different states.

The major differences between article 2 of Uniform Commercial Clause and UCITA are that UCITA facilitated licensing of intangible computer related intellectual property. The owners were permitted with the software that would maintain control over their intellectual property. Uniform Commercial Code harmonized the law of sales and other commercial transactions in all the fifty states of United States of America. The UCC achieved its goal by achieving substantial uniformity in commercial legislation and allowed the states to meet local circumstances.             UCC is noted to be the longest and the most elaborate as it has been in joint project with National Conference of Commissions on Uniform State Laws.(Anna,1998)

Together with UCC, the NCCUSL shares the responsibility to ensure there is fairness to software users. The drafting committee originally proposed a new article to the Uniform Commercial Code (UCC). This new article was referred to as UCC Article 2B or simply UCC 2B.the UCITA is controversial as it interferes with the US copyright Act by limiting what is referred to as “first sale doctrine”. This permits a purchaser a copy of a creative work of another, the right to resell that copy. To this extent, the UCITA may be regarded as unconstitutional.

Section 2-207 of the UCC indicates that the offeror or the offeree can survive commercial transaction where multiple forms with varying terms are exchanged. After analyzing whether UCC and the common law governs, the court try to find out which form constitutes the offer such as the purchase order. The UCC Article 2 is designed to facilitate the sale, shipment and delivery of tangible goods, i.e., movable personal property identified in a contract.

The UCC discourages the se of the legal formalities by making business contracts this allows businesses to move forward without the intervention of lawyers. A legal formality has been discouraging litigation by requiring some kind of ritual that can always provide a clear dividing line.

Sales and licensing are two different things as there can be sales of licenses or sale f packaged software which are today governed by UCC article 2. Article 2B established new rules that consumers thinks that are unfavorable for their small businesses. Sales creates a contracting structure where customers don’t get to see the terms of their software contracts not until they sell.UCC article 2B allows the seller to exclude incidental and consequential damages (2B-703) and that exclusion will stick even if the exclusive remedy provided by the contract fails of its essential purpose or is ruled unconscionable by a court (2B-703(c)). In doing this, Article 2B drops the Article 2 notion of a minimum adequate remedy.

Licensing is a legal act or process of selling or buying property rights to be in apposition to produce commodities by use of copyrighted properties. On the other hand, selling is the mechanical act of selling a product based on a copyright product. While licensing, the inventor gets the right to manufacture and sell the licensed product. Selling involves exchanging money for tangible goods.(John,1993)

UCITA and UCC shares common ground in terms of ideology. UCC enacts all stages regarding intellectual property while UCITA concentrates on innovation and competition. It also addresses the intangible aspects that are aligned with computer software and other things that are closely related. (Ring, 2001). Times have changed and UCC have to address many computer issues that are coming up.

Sources of international laws.

  • Multilateral treaties
  • International custom as evidence of a general practice accepted as law.
  • The general principles of law recognized by civilized nations.
  • Judicial decisions and the teachings of the most highly qualified publicists of the various nations.

Normal 0 false false false EN-US X-NONE X-NONE UCITA stands for Uniform Computer Information Transactions Act and it is a states draft law for contracts. The National Conference of Commissioners on Uniform State Law drafted this model law to facilitate licensing of computer softwares; the most well known law is Uniform Commercial Code. Before the UCC and the UCITA, the commerce clause was used to regulate commerce in US with foreign nations, among the states and with the Native American tribes. The clause had emerged when Framers responded to the central problem giving rise to the constitution itself. The primary use of the clause was to preclude the kind of discriminatory state legislation that was once permissible. Commerce clause provided the congress with authority to conduct their business across different states.

The major differences between article 2 of Uniform Commercial Clause and UCITA are that UCITA facilitated licensing of intangible computer related intellectual property. The owners were permitted with the software that would maintain control over their intellectual property. Uniform Commercial Code harmonized the law of sales and other commercial transactions in all the fifty states of United States of America. The UCC achieved its goal by achieving substantial uniformity in commercial legislation and allowed the states to meet local circumstances. UCC is noted to be the longest and the most elaborate as it has been in joint project with National Conference of Commissions on Uniform State Laws.(Anna,1998)

Together with UCC, the NCCUSL shares the responsibility to ensure there is fairness to software users. The drafting committee originally proposed a new article to the Uniform Commercial Code (UCC). This new article was referred to as UCC Article 2B or simply UCC 2B.the UCITA is controversial as it interferes with the US copyright Act by limiting what is referred to as “first sale doctrine”. This permits a purchaser a copy of a creative work of another, the right to resell that copy. To this extent, the UCITA may be regarded as unconstitutional.

Section 2-207 of the UCC indicates that the offeror or the offeree can survive commercial transaction where multiple forms with varying terms are exchanged. After analyzing whether UCC and the common law governs, the court try to find out which form constitutes the offer such as the purchase order. The UCC Article 2 is designed to facilitate the sale, shipment and delivery of tangible goods, i.e., movable personal property identified in a contract.

The UCC discourages the se of the legal formalities by making business contracts this allows businesses to move forward without the intervention of lawyers. A legal formality has been discouraging litigation by requiring some kind of ritual that can always provide a clear dividing line.

Sales and licensing are two different things as there can be sales of licenses or sale f packaged software which are today governed by UCC article 2. Article 2B established new rules that consumers thinks that are unfavorable for their small businesses. Sales creates a contracting structure where customers don’t get to see the terms of their software contracts not until they sell.UCC article 2B allows the seller to exclude incidental and consequential damages (2B-703) and that exclusion will stick even if the exclusive remedy provided by the contract fails of its essential purpose or is ruled unconscionable by a court (2B-703(c)). In doing this, Article 2B drops the Article 2 notion of a minimum adequate remedy.

Licensing is a legal act or process of selling or buying property rights to be in apposition to produce commodities by use of copyrighted properties. On the other hand, selling is the mechanical act of selling a product based on a copyright product. While licensing, the inventor gets the right to manufacture and sell the licensed product. Selling involves exchanging money for tangible goods.(John,1993)

UCITA and UCC shares common ground in terms of ideology. UCC enacts all stages regarding intellectual property while UCITA concentrates on innovation and competition. It also addresses the intangible aspects that are aligned with computer software and other things that are closely related. (Ring, 2001). Times have changed and UCC have to address many computer issues that are coming up.

Sources of international laws.

· Multilateral treaties

· International custom as evidence of a general practice accepted as law.

  • The general principles of law recognized by civilized nations.
  • Judicial decisions and the teachings of the most highly qualified publicists of the various nations.

Basic Facts about Business Law

Businesses involve a wide array of manufacturing and distributing products and services for the use of consumers. It involves company and employee management, establishing rules and regulations and mission and vision, and ensuring smooth operations. Problems sometimes arise in managing a business, especially those large ones with various interests. During these business disputes, what owners can do is to consult business lawyers. Business law in general is the body of rules governing the dealings between persons in commercial matter. Business or commercial law regulates corporate contracts, hiring practices, and manufacture and sales of consumer goods and services. It encompasses corporate law, which is the study of how firm stakeholders like owners, employees, and consumers interact with one another under the internal rules of the firm. Business law is divided into two distinctive areas – the regulation of commercial entities by the laws of the company, partnership, agency, and bankruptcy, and the regulation of commercial transactions by the laws of contracts and similar fields. Business lawyers help clients with every aspect of highly diverse topics including banking and finance law, business acquisition and formation, negotiations and planning, as well as business litigation, intellectual property, and labor laws. Clients hire a business lawyer Ottawa if they are planning to form a corporation or partnership. They also hire these legal experts during cases when they are being investigated by a government entity for securities fraud, or when a customer is severely injured by one of the products. A qualified business lawyer can help avert a lot of legal issues connected with these transactions. They can also help research possible intellectual property, hiring, tax, and other legal matters involved with running a company. Lawyers also offer representation and advice in terms of franchise agreements, purchase and sale of businesses, and employee agreements and compensation. Anemployment lawyer Ottawa usually serves as a mediating body in terms of relationship between labor unions, employers, and employees. They also manage employee contracts, benefits, and wage issues. Since business also involves assets and liabilities, estate lawyers Ottawa also work with business lawyers. Business lawyers sometimes have to consider an entity’s estate, which is the sum of a person’s assets minus the liabilities at a given time. These are the common issues handled by most business lawyers.

Choosing a Law School in Malaysia

Reputable law schools are what you need should you want to become an outstanding lawyer. A lot of those reputable law schools are available in the US but they can be expensive. However, not only the US can offer good training for law. If you select Asia, particularly the country Malaysia, you can find some law schools that are actually good at teaching law. This article will provide you a little something about such schools to help you locate the best Law school in Malaysia.

If you wish to be based in the capital city of Malaysia, Kuala Lumpur, you can try Universiti Malaya. In the year 1972, the faculty of Law was established. The students will have the privilege to a liberal education which could make them understand the law better and help them improve their practice in the future. The university implements usage of the national language, Bahasa Malaysia, and programs offered aim toward the betterment of the people. If you are interested in Malaysian Law, particularly Muslim and customary law, then you can choose this university. Another university that can offer excellent law teaching is University of Technology MARA in Selangor. It is one of Malaysia’s six public universities offering degrees in law.

Available law programs include pre-Law and also doctorate programs. The English language is being used in this university which serves it easy for those who find it difficult to learn the national language. Another will be in Selangor Darul Ehsan, the Universiti Kebangsaan Malaysia which established its Faculty of Law in February 1984. Students enrolled should take language course that are compulsory. These language programs are in Arabic and English.

With more than 30 academic staff who are well-trained and possess enough competence in the law, you can be sure to get the learnings you need. You can pick from many law schools in Malaysia that also have good standing. We all know what the country can give when it comes to tourism and their education is not behind. This country is rich in scenic views, amazing people and colorful culture. What’s great is that even the field of law in this country can also stand out.

Studying Law at Cambridge Summer School

Studying law at Cambridge Summer School gives students insight into the subjects they want to learn more about, and University tutorials are developed in such a way that students will understand more about their chosen subjects. Summer school at Cambridge University is a once in a lifetime opportunity.

Studying the law at summer school Cambridge University in the UK at one of the most prestigious and oldest universities in the world, offers students morning tutorials in small classes and a taste of what a lawyer does. If you are considering applying to read Law at university, then this summer course is for you.

The Cambridge Summer School Law Courses offers fundamental questions that surround the role of law in society. You will learn to answer these questions and realize how the law influences everyday life. There will be a class on analyzing some historical and controversial cases. The guidance of your subject specialist tutor will give you practice on complex debates within the subject of law. You will learn the relationships between a country’s national laws and international laws. Law at Cambridge summer school will give students challenges to formulate, articulate, and defend your own opinions.

There is lots of debate and discussion at summer school law at Cambridge University. You become aware of both sides of a complex legal issue and challenge. There will be an introduction to mooting, or the formal debating of a point of law. After two weeks of intense study, you will have a real insight into the law and what studying law is all about.

The skills you will learn during your two weeks at Cambridge Law summer school will serve you at your chosen university. It will be a complement to your university studies and your future career. Weekly one-on-one tutorials are the most important feedback you will receive, and the advice from your tutor is priceless.

Most tutors are studying law at post-graduate levels and have been through intensive university studies. They are ready to guide you to a better understanding of what you will experience at a law university.

If you are ready to jump into complex legal issues and join a mock trial, apply to Cambridge’s law summer school course today. Classes are filling up quickly for the 2016 sessions. Fees are £3695. Fees include breakfast and evening meals, accommodations at Lincoln College’s annex, activities and all course materials.

Legal Secretary Jobs – Top 10 Ways to Succeed as a Legal Secretary

Legal secretaries are often at a win-win position. The fact is that they do not have to toil in the court and can get away with earning quite an amount! Further well-defined legal secretary jobs are more commonly known as paralegal jobs – the cream of the lot. Understandably, they earn more too!

The best part? You need not have a degree in law but still can rake as much or even more than what the lawyer does. It of course comes with a ‘hard work’ clause. And in law, you need to have panache for solving cases. Lawyers look at twisting the law and getting their work done – so you have to be a master manipulator and also a good student of the subject as well! Here are top 10 ways to succeed as a legal secretary:

1. Willful Participation: The main reason why you came into this profession should not be money but opportunity. Money is only a by-product of your hard work and perseverance. You must be willing to participate in court proceedings and group discussions. Only then you will be able to rise as a legal secretary.

2. Making Notes: The best student is the one who can take running notes. You’ll realize the importance of running notes when you’re in this profession. Expert discussions won’t give you the time to think, let alone write! The thought process develops as you think and write rather than just blindly taking notes of what is being taught and/or discussed. One of the other good ways is by recording whatever is being said and then studying and re-studying that to understand the subject matter.
3. Being a Master Observer: A legal secretary doesn’t need to be a lawyer but the very fact that they are connected to the legal profession should make them a master observer.

4. Quick Learner: A good observer learns faster and that will decide your future course, hereon.

5. Consulting Real Groups and Professionals: From professionals and experienced people comes great assistance especially when you’re new into this legal consultation job.

6. Law Journals to the Rescue: Various law journals published and e-books on the same available on the internet will help you get a lowdown on the same. Write ups by leading professionals and articles will surely help you understand and analyze their perspective on a particular law or case.

7. Money is not everything: The scope of work should be the thing that should matter to you when starting out. THAT will enrich your experience and on the basis of that experience, you can charge your clients.

8. Internships: Internships are a great way to take a mid-career break and then focus deeply on the subject without having the deadlines craning at the back of you!

9. Government Aid: The best places to start as a legal secretary is at government firms and then build on the name you’ve created for yourself.

10. End Game: The whole process of being a successful legal secretary is to focus on the end game more than the beginning!

Legal jobs and your career prospects

Numerous opportunities in this field

The best part of this profession is that you get an opportunity to help others while earning money for yourself and family. Also, you have higher pays and good career progression opportunities. If you are planning a career in it, then you must you must have a narrow area of your focus and this largely depends upon your education. The legal jobs in India are available with the corporate entities, charitable institutions, hospitals, insurance companies, educational institutions and public sector undertakings. The legal field is a dynamic industry that is expanding invariably. People looking for a legal job have a broad array of options to choose from. Many law firms and corporations always have such job openings to fill in with qualified professionals. Office managers, legal assistants, paralegals, attorneys, legal secretaries are some of the prominent job positions that are available in business enterprises. Besides, there are solicitors, barristers, police officers, detectives, bailiffs and much more for you to consider.


Different types of legal jobs and the related work

Out of the many legal jobs, law is an interesting and gratifying field to work, and no matter what your skills and talents are, you will probably find an occupation that fits you well. For instance, there are Bailiffs who move courts directly to get bails for their clients, Barristers who would take up a case and enunciate on behalf of the clients, company secretaries are there who look after the legal compliance and advise the board members on various topics, then there are family mediators or family counsellors who offer suggestions to couples seeking divorce and also facilitate settlement of other family issues.

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An office manager is the personnel who are required to handle the day to day business operations of the law firms. If you are looking for an entry-level position, then legal assistants are the most commonly available jobs for the recent graduates. Professionals working as legal assistants have similar work duties as a company secretary. They carry out many secretarial duties such as transcription, filling, answering phones, accounting and so on. Those with paralegal jobs are involved in tasks like drafting legal documents, interacting with clients and other legal staff, performing research work and so on. Also, such jobs require training and certification. An individual can find a lot of legal assistant jobs floating on the internet. Paralegals personnel are expected to be proficient in Microsoft Office be able to stick to deadlines and multi-task.

How to increase your chances of getting hired

Every year, scores of people graduate from university with a degree in law and look for legal jobs. You must comprehend the fact that the competition is tough and you have to go that extra mile to stand out from the rest. There are certain things that you can implement in your job search so as to ease your journey. Firstly, the most important thing is to gain experience. Employers always appreciate and are in a lookout for experienced candidate. Secondly, having a clear idea of which area you want to specialise in, you will find no difficulty in moving on a career path. Thirdly, make yourself well aware of the various advancements in your occupation and lastly customize your CV and arm yourself with the desired skills.

Canadian Criminal Law Amendments Act – How Justified is It Actually?

The Criminal Law Amendment Act, 1968-69 was introduced as Bill C-150 by then Minister of Justice Pierre Trudeau in the second session of the 27th Canadian Parliament on December 21, 1967. It passed third reading in the House of Commons after heated debates by a vote of 149 (119 Liberals, 18 New Democrats, 12 Progressive Conservatives) to 55 (43 Progressive Conservatives, 11 Créditistes, 1 Liberal) on May 14, 1969. It introduced major changes to the Criminal Code of Canada and it was literally a cornerstone of modern Canadian law. The bill decriminalized homosexuality, allowed abortion and contraception, and regulated lotteries, gun possession, drinking and driving offences, harassing phone calls, misleading advertising and cruelty to animals. This year it will be the 40th anniversary of the bill’s passage.

Homosexuality was one of the biggest problems of the Bill-150. This change was influenced in the late 1960s by the British Parliament’s adoption of the Sexual Offences Act 1967, which decriminalized homosexual acts in England and Wales. Naturally Canada wanted to follow this democratic decision. The biggest opposition was from the religious people, the Catholic Créditistes of Quebec held up debate for three weeks supported by the far-right Edmund Burke Society and the Fellowship of Evangelical Baptist Churches in Canada. Still at the end homosexuality was legalized with age of consent at 21; although it was later lowered to 18.

Contraception and therapeutic abortion under certain conditions were legalized by the bill. This was a step away form the influence of the Catholic Church’s moral positions on these issues, basically one more separation of the Church and State. Bill C-150 made it legal for women to get an abortion if a committee of three doctors felt the pregnancy endangered the mental, emotional or physical well-being of the mother. These changes were very important and became a stepping stone for many other freedoms and options that have altered women’s place in Canadian society. In 1988 the R. v. Morgentaler ruling, left Canada without any laws regulating abortion.

A number of minor but important changes were made to gambling, gun control and driving under the influence. Before the bill small scale gambling on behalf of charities was permitted, but only Bill C-150 gave the provincial and federal governments the opportunity to use lotteries to fund worthwhile activities, the best example were the 1976 Montreal Olympics. For the first time the bill made it illegal to provide firearms to persons of “unsound mind” or criminals under prohibition orders. The term “firearm” was also expanded; non-restricted, restricted, and prohibited firearm categories were also introduced. Bill C-150 made it a “per se” offence to drive with a blood alcohol content (BAC) in excess of 80 mg/100 ml of blood. The refusal of a police officer’s demand to provide a breath sample was made an offence too. These are the basic rules against drunk driving now.

The Criminal Law Amendment Act 1968-69 basically changed almost all the complicated and important spheres (except for maybe immigration) and solved many ethical problems, creating laws suitable for modern society.

Criminal Law: Alcohol Licenses Are Mandatory in the UAE

Every country has an alcohol regulatory & licensing body that looks after the wholesale, distribution, supply and sale of Alcohol. Consumption of liquor is quite a common sight in certain countries; however, United Arab Emirates (UAE) is one such country in Asia where alcohol intake and selling is entirely prohibited without license. According to Criminal lawyers in Dubai, alcohol licenses are mandatory in the UAE and it is considered a serious crime in the country if you do not possess one. It is illegal to consume alcohol and this rule stand equally true for both Muslims and Non-Muslims. The Muslim country follows the Sharia Law and there are stringent rules related to its consumption.

It would come as a surprise for some, but the fact is criminal law related to alcohol in Dubai is not that harsh as opposed to other Gulf countries. In fact, there are a few five-star hotels which serve alcohol and even liquor shops which certainly ask for licenses while purchasing. African + Eastern (A&E) and the Mercantile Maritime International (MMI) are the only licensed liquor chains in the city, where UAE residents or tourists can acquire a permit.

Basic eligibility to acquire Alcohol / Liquor License:

  • A person should not be Muslim
  • A person should be more than 21 years old to get license
  • A person is eligible if the minimum monthly salary is at least 3000 dirham (AED)
  • Drivers are not issued liquor license

Non-Muslims (UAE residents or tourists) – only these segment of people are allowed to buy and drink alcohol, but only when they have a license. This will not only keep you out of trouble, as well as save you from the risk of getting imprisoned as Criminal Law in Dubai follow zero-tolerance policy. Liquor licenses are issued only to non-Muslims. It is entirely illegal to consume alcohol at home or hotel without a permit, the license is a must.

According to the Rules of Criminal law in Dubai, every license gives a monthly allowance for consumption of alcohol, which is based on a person’s monthly income, job title, and family.

Muslims are not issued alcohol licenses as it is entirely against Islamic law. Even sale of drinks or any kind of drugs is prohibited in Dubai.

If a non-Muslim is found drinking in public, the criminal law imposes strict punishment for the person. Imprisonment for alcohol consumption is one to three years. Not just this, the person is penalized and even driving licenses are scrapped. It is not advisable to drink in hotels or any other public places unless and until they have a license.

Liquor licenses of Dubai aren’t valid in Abu Dhabi. It means expatriates should purchase alcohol only from the issuing Emirate.

A person is also considered guilty for illegally storing alcohol at home without a permit.

One should also remember that licenses misused do not provide protection against any alcohol related criminal offense and it is only given for the sole purpose of purchase.

The validity of permit is usually of one year and it can be manually renewed.

History of Education, Teacher Training, Teaching, Teachers

A Concise History of Education of Teachers, of Teacher Training and Teaching

Western history of teacher training, education history, teaching theories, education of teachers, modern history od education, began in early 18th century Germany: teaching seminaries educating teachers were the first formal teacher training in Western history of education and teaching.

(History of education had 2nd century-BC Greek Spartan free public education, Athenian Academy until age 18 and higher Academy and Lyceum; Roman private formal schooling in tiers; China’s 1st century-BC administrator examinations; 1st century Jewish informal Cul’ Tura general education; Islam’s 9th century universities [madrasahs]; 16th century Aztec mandatory teen education; 18th century Russian nation-wide education, Poland’s Education Ministry, Chez ‘teacher of nations’ Comenius’s ‘Didactica Magna’ on universal education [compulsory, certified teachers, tests]; leading later Western history of education –17th century Scotland’s free education, 18th’s Norway’s mandatory literacy and  New Zealand’s standard education, 21st’s Europe’s Bologna process equalising educational qualifications.)

Teacher education and training, first teacher training college in French  history of education and history of teaching, Jean Babtiste de la Salle’s 18th century Brothers of the Christian schools, had non-clerical male teachers teaching poor and middle class children. Based on Greek philosophers’ philosophy of education and teaching, re-introduced by Islam, spirituality was not its only reason, basis of education. Teacher education and training had been clerical –this was Western history of education’s first secular teacher training college.

This philosophy of education changed educational history’s attitude to education. It reformed education, educational theory, learning, enabled further education reforms and educational theories of teaching in history of education. With education reforms in education history, educational theory of teacher education required of teachers an understanding of the human mind and the theory of education, knowledge of sciences and arts, principles and educational methods of teaching. This need in educational history for a teaching method, method of education, necessitated theories of education -in Western history of education educational theories on teacher education interested educators.

These educational philosophies and theories of education on teacher education became the norm in Western history of education, teacher training establishments first Normal Schools in the history of education and training of teachers.

Teacher education progressed educational history: in history of education and history of teaching the system of education required and enabled knowledge, in-service experience, certification for teachers, continuing professional development for teachers in teaching. This non-uniform system of teacher education and training enabled teachers, while teaching, at teacher seminars to refresh and increase their knowledge of theory of education and method of teaching -exchanging ideas among teachers.

Napoleon, in history of education and teacher training,  uniformed professional teaching. Adopting Germany’s teacher seminars, in French history of education and in Western history of education and training of teachers, established the first uniform teacher education system.

Neither the USA’s educational history nor British history of education did in educational philosophies, systems of education, include formal teacher education and training, although Elizabeth-I had introduced teachers’ moral teaching fitness certification in teacher education .

In England’s history of education and teaching, in early 19th century Joseph Lancaster and Andrew Bell founded the Lancastarian teaching method of teacher training: in a monitorial system of teacher education and training senior students (‘monitors’) receiving teaching from tutors were teaching junior students, acting as teachers.

In Scotland’s history of education and teaching, 17th century free education compulsory in late 19th, Germany’s teacher education and training influenced David Stowe’s founding the Glasgow Normal Seminary for teachers.

Progress in teaching and teacher training began with Horace Mann’s Massachusetts Normal Schools in the USA’s educational history, and in Britain’s history of education by the churches’ and voluntary organisations’ teacher training colleges and teaching the colonials.

In philosophies of education arguments followed on teacher education in educational history: should persons of lower English social class attend teacher training colleges and give teaching to children of higher social class!? Might teachers’ teaching not influence young French minds with liberal ideas?!

(Japan’s educational philosophy [perhaps influencing the USA’s educational philosophy, history of education and teaching] emphasised patriotic teacher education and teaching.)

In Europe’s history of teacher education and training, Rosencrantz’s 19th century ‘Philosophy of Education’ emphasised ‘philosophical and psychological data’; this, resembling Islam’s university faculties, developed into separate teaching disciplines.

In Sweden’s history of education and teaching, Pestalozzi furthered the progress of systems of education, advocating formal teacher training colleges.

(Pestalozzi, except theologically, was self-educated, did not leave a written account of teaching and of teacher training colleges; his place in the history of education and teaching is deducible in outline from his various writings, loving sincere deeds, the example he set.)

Germany’s Froebel, and Alexander Bain’s ‘Education as a Science’, favoured education of teachers through teacher training colleges; teacher education adopted what philosophies of education in Western educational history and teaching had lacked -Herbart’s pedagogical emphasis in teaching on five formal steps: preparation, presentation, comparison, generalisation, application.

Germany’s teacher education and training became the basis of developments in the history of education and teacher training; Derwent Coleridge and James Kay Shuttleworth in Britain, Mann in the USA broadly agreed: teacher education and training should emphasise techniques of teaching -“not only the subjects of instructions, but also the method of teaching”.

Jules Ferry laws’ compulsory education established teacher education and training in late 19th century French history of education: teacher education and training, by law, should be through formal teacher training colleges.

English speaking countries’ history of education and teaching, formal teacher education and training, began with the University of Edinburgh’s creating a chair in education, with St. Andrews; in the USA’s history of education, e.g., Henry Bernard, Nicholas Murray Butler, followed.

In Western history of education, England’s progress involved pedagogy and Herbart Sepencer’s teaching techniques in teacher education and training, the USA’s e.g., Francis W. Parker’s, studying Germany’s pedagogical teacher education developments.

In the USA’s history of education and teaching the Darwinian hypothesis (as before later scientific evaluation) influenced John Dewey at the University of Chicago Laboratory Schools; taking into account from other disciplines what were considered relevant in teaching to child development, the religiously affiliated Brown University founded an education department.

(The La Salle College in Philadelphia, had been teaching education.)

New York’s Teachers College, founded 1888, was incorporated into the Columbia University, 1893, establishing its teacher training college, announcing: “The purpose of the Teacher Training College is to afford opportunity, both theoretical and practical, for the training of teachers, of both sexes, for kindergartens and elementary schools and secondary schools, of principals, supervisors, and superintendents of schools, and of specialists in various branches of school work, involving normal schools and colleges” -it became the basis, in Western history of education and teaching, of teacher education and training and Teacher Colleges.

(The USA’s educational history experts’ versions vary on it history of education.) 

In most of British Commonwealth’s history of education and system of teacher training, entry into teacher training came to require senior secondary education at High School level or British Grammar School education with national Matriculation or Ordinary and Advanced General Certificate of Education (GCE) examinations –or equivalent.

In Europe’s history of education and teacher training, education with similar Gymnasium(/Abitur)  or General Lycè e Diploma, or equivalent education, became professional teacher education and training entry qualification.

(In British history of education, until early 20th century, holders of those qualifications, by selection examination, could become temporary teachers. Oxbridge graduates could register ‘master’ and be syndicated teachers. Other universities’ graduates, to become teachers, attended teacher training colleges [if Bachelor of Education, second year teacher training of a teacher training college].)

In British Commonwealth’s history of education greater importance was attached to professionalism in teacher education and training: academic qualifications did not suffice for teaching; teacher examinations required specific periods of specifically professional study in teaching. Professional teaching involved two years’ professional study in teaching and additional in-house teacher training before professional teacher status. Professional teachers could, with another educational year at the teacher training college, specialise in a subject, e.g., geography or history (in farming colonies, e.g., Cyprus where Agriculture became a secondary school examination subject,  with one or two more educational years’ through the Teacher Training College’s Rural Agricultural School). Science graduates without professional teaching training and education qualified for permanent teaching after a year’s classroom teaching experience approved by professionally qualified headmasters, as teachers of their subjects. Teachers were expected to attend teachers’ seminars as continuing professional development.

While professional qualifications are regarded for professional reasons equivalent to doctorates in their counterparts and what qualify for teaching, teacher education and training (school age becoming lower and years less, to enable maturer teachers and teaching), for professional teaching knowledge and skills acquired at teacher training colleges, favoured bachelor degrees with teaching content emphasising skills over theory and, e.g., the USA’s academic ‘first professional degree’ –more for research than professional practice.

(British history of education desired teaching with Post-graduate Certificate in Education [PGCE] -for English state school teaching Qualified Teacher Status [QTS] skills test, and [also if Bachelor of Education] successfully completing an induction year [in Scotland two] in school teaching as Newly Qualified Teacher [NQT], with continuing professional development; alternatively a specific teaching degree or on-the-job teacher training. Teachers trained at Teacher Training Colleges in [former] colonies –and similarly trained teachers with GCSE [grade C] or equivalent in English and Mathematics [for primary school teaching, also Physics] enjoy Qualified Teacher Status.)

(Canada’s provinces or schools certify teachers; Australia requires none for federally funded private schools; France’s is college/bachelor and Teacher Institute [master’s -2010].)

{In the USA’s history of education, until 1960s, one year’s teacher training college education was required for teacher certification. In 1984 an alternate teaching route was introduced: bachelor’s with teaching preparation and within a specified number of years completing a teaching or content based master’s. (Some universities award [with summer study] bachelor degrees in two years, some two bachelor degrees simultaneously [e.g., with two arts and two science majors both BA Philosophy and BS ChE Chemical Engineering]; the  doctoral JD is pre-requisite to master’s LL.M which not all tenured professors need posses.) The ‘Master of Professional Studies’ (MPS) First Professional Degree is academic, not professional. Many states require of teachers, for permanent teaching, examinations in pedagogy and a content area or general knowledge accredited by many private associations’ varying standards; in early 21st century Marlboro-Carolina 20% of teachers had no certification.}

In educational history post general education having been academic for career advancement and scholarly activity or research, or professional for actual practice in the filed, the professional qualification is normally the terminating qualification; in professional teaching, advanced professional degrees enabling specialised teaching, e.g., at universities, are not regarded as part of professional teacher education and training for general education teaching; the USA’s main master’s area is for Ed.D or Ph.D. –research.)

In European history of education, teaching related educational leadership gained importance at the end of 20th century. Desiring the benefits of learnable leadership skills and inherent personal leadership qualities, teachers’ educational leadership skills in teaching leadership are remunerated according to national teacher pay scales.

The USA’s educational leadership teachers’ pay is non-uniform; educational leadership skills standards vary. Graduate educational leadership programs are in, e.g., community issues and educational law. Private Teacher Advancement Programmes (TAP) subscribed by some schools encourage teachers in administrative or teaching development: a teacher prepares an individual growth plan (IGP) with an educational goal or teaching activity, or a cluster group of teachers identify a student learning need, becoming ‘mentor’ or ‘master teacher’/‘teacher of teachers’.

As others’, USA’s teacher training colleges’ comparable teaching qualifications enjoy international regard.

In their history of education, having less aspired to ‘practical’ general education as in the USA and 21st century Britain, most British Commonwealth and European teaching institutions almost uniformly value widely academic general education as culture not acquirable in post general education (e.g., an opposition leader to a Prime Minister [both lawyers] “I as a Grammar School boy” [would not take ‘that’ from him who was not]) and Britain’s suggestion to equate practical skills certificates with general academic qualifications was criticised.

(Early 21st century British educational history saw [university or equivalent  mandatory student grants becoming loans, unemployment necessitating longer and more courses, foreigners scoring higher in English] no increase since late 20th in literacy.)

(In the USA’s history of education, with 20% adult functional illiteracy, as the educationists’ concerns grew, the educationalists considered Europe’s baccalaureate system of education; with growing public interest in education, at the end of 20th century a state appointed three generals to improve the standards of teaching and education and at the beginning of 21st century a general was appointed to federally improve teaching and educational standards.)

In educational history interest in the teaching profession has been based on the status of teachers. Regard for teachers in late 20th century was highest in Russia where teachers enjoyed better employment terms than elsewhere.

(In Britain’s history of education, 1980s’ miss-projection of numbers of teachers needed necessitated engaging science graduates without teaching qualifications as teachers; but a status was enjoyed by teachers of regard as in Europe, and, about the end of 20th century, knighthood for long serving teachers was suggested –due to controversy over peerages it did not materialise. At the beginning of 21st century reducing undergraduate degrees to two years with vocational content was considered, with master’s for teachers -also non-major professional qualifications being above undergraduate degrees in National Vocational Qualifications; but Teachers’ status was regarded to have been equated for economical reasons to classroom assistants’ socially criticised for taking classes without professional teacher education and training.])

In the USA’s history of education, teaching has hailed a form of essentialism in education, with a culture of practicality and model citizenry, emphasising respect for authority (advocated also for 21st century British education); with no general minimum standard in teacher training and education, some states not recognising the teaching qualifications of some others, teachers and teaching appear officially to enjoy no higher regard then Bernard Shaw’s remark (about writers) “Those who can, do; those who can not, teach”.

(In the USA, e.g., some teachers paid only term time having to seek vacation work, teaching and teachers generally are regarded to have enjoyed less good terms and conditions than elsewhere in proportion to social regard and public resources.)

The growth of interest in culture and education in Western history of teaching has been seen in the European Union, e.g., in Cyprus with the popularisation of education in mid. 20th century -reportedly with highest percentage of university graduates by 21st.

In Western educational reforms spiritual values in education are protected by teaching religious studies in schools in American secularism (protection of religion from political influence) and by the religious affiliations of many universities; in European secularism (protecting against one’s formal dominance of the other), often with a state religion enshrined in the constitution, this is ensured by, e.g., Britain’s Education Acts’ requirement in compulsory education of religious worship by pupils at least once a month and, while British universities are not formally religiously affiliated, the availability of  chapels and chaplains to students at universities.

While preferences in education (e.g., the pedagogy based Steiner-Waldorf education for creating free moral and integrated individuals -its teachers’ and schools’ say on defining the curricula by some disagreed with, or Montessori’s pre-school and elementary school child’s self directed activities with auto-didactic equipment -regarded by some as risking raising obedient automatons), and  emphasis (be it practical skills or Emerson’s ‘thinking man’), have all had praise and criticism in the history of education and teaching and arguments continue on pragmatism and creation -v- evolution, generally Socrates’s argument that the rightly trained mind turns toward virtue carries weight in most educational systems. Basically, in every history of education, an important aim of education and the societies’ all time expectations have been on the lines of these verses (by the Cypriot teacher, the late Orhan Seyfi Ari):

” ‘I was an ape’ you say -or amphibian?
And now?! Are you not now.. ‘man’!? ”

The cultural values balance have been more reflected in the education and training of teachers in Western history of education and teaching and the status of teachers in Europe mostly in Spain, Italy and France where, without much disregard to spiritual values, school teachers’ political and ideological affiliations have been the norm in professional teaching.

How Does A Special Education 504 Plan Differ From An IEP?

The day your child is diagnosed with a learning or cognitive disability can be a difficult one. First the disbelief – the questions, the surprise. Then the emotional – tears – worries about the future, worries that your child won’t have an easy path in the world, the mourning of the possibilities that you might feel have been closed to your child as a result of the diagnosis. Finally, you come to an understanding and acceptance of the diagnosis and the issues at hand. That’s when the work begins. For the next several years , you can expect to deal with experts of all kinds, with special education teachers and program administrators and therapists…all those people whose job it is to take care of your child, to ensure that your child receives the educational and social services they deserve, the services mandated by law. Every parent soon comes to learn, that as good as the intentions of a lot of these people are, the parent has to be an advocate for their child. If you don’t have a good understanding of what is going on in your child’s classroom, of the services and different educational programs provided for children in exceptional circumstances and with differing special needs, your child may not be accessing the services he or she deserves.

Trying to wade through the educational jargon can be difficult. There are many confusing terms parents of children with special needs have to learn when it comes to the world of education. A couple of important phrases you’ll have to understand from the very beginning of your child’s school career are Special Education 504 Plan and IEP. How do they differ, what can you expect from each, who do they serve, what laws do they each fall under, and where do you turn if your local School District isn’t fulfilling their responsibilities ?

In the most basic terms, an IEP is a specialized educational plan specific to your child that is governed by a federal special education law for kids with disabilities, it covers 13 particular diagnoses, It must be a written document, and there are people in specific positions within the school district who must be involved with its creation. It is also mandated in the law that parents must be involved with the creation of IEPs.

A Special Education 504 Plan, on the other hand, comes from a federal civil rights law (not an education law) that was put into place to stop discrimination against those with disabilities, including children in schools. A 504 Plan covers other disabilities beyond those in the IDEA . This would include learning disabilities and other cognitive disabilities that do not qualify for an IEP. It is not necessary that this be a written plan, though in many cases it will be. Also it is not mandated who within the school district / school must have responsibility for its creation. Regardless of whether your child is identified as needing a 504 Plan or an IEP – your child is going to need an advocate. As a parent, you are your child’s only permanent advocate. It’s important to remember that as nice as they might be, for those who work within the school districts, your child is just one of many, and the sad truth is that if you don’t keep on top of what is happening in the classroom, and with your child’s educational plan, whatever kind it is, it’s very likely your child with special needs won’t access all the services they need to succeed and thrive. It is important to be involved and aware.

Learn About Business Law – Make Sure Your Business is Legally Covered

It is important that if you operate a business you understand what the laws are involved. You need to make sure that you are covered with all business related legal issues that possibly could arise. It can be scary if you do not understand the laws of surrounded business but with a little education you can be up and running in no time. It is important that if you incorporate you fill out the proper forms so that legally you have a business entity. It is important that whatever transactions you have there is proper legal documentation to support them. It is always a good idea to find an attorney they can help you manage legal issues with your business.

Find Free: Business Law Help

Always make sure you check that all documents are legally correct so that you do not get sued. It is important to have some common knowledge of business law before you go into business for yourself. Once you have started your business you want to find an attorney that specializes in business law. This will help you so that you can keep all of your legal affairs in order. Having a lawyer who is knowledgeable about this area of law is important so that you do not have any legal trouble in your business.

Remember before you start your own business you want to find out a little information about business law. When it comes to doing up contracts and other legal issues you need to find an attorney that can help you with your business. It is a good idea to interview 2 to 3 attorneys before making a final decision on which one you want to use. Try to stick with a lawyer who specializes in business law not someone who is a general attorney

Business Law Knowledge That Is Integral To The Running Of A Company

It is essential to know about business law before starting a business, as it will help you operate your business without the hindrances of ignorance. It is better to seek the expert guidance of an accountant and an attorney to learn about the latest business laws that will affect your business. Below is a list of the most important business laws.

Business structure laws: There are different laws for different business entities. Be certain you learn about the business laws that govern the kind of business entity that you choose to start. The major types of businesses are C, S and closed corporations, limited liability companies, and sole proprietorships.

Zoning Laws: It is essential to know about zoning laws, as certain zones are restricted in certain areas. It deals with the kind or type of business allowed in certain areas, how the land surrounding a business is used, signboards, advertisements, and parking.

Watch: Why it doesn’t have to be you against the world when running a small business

Licensing Laws: In order to operate a business certain licenses are required and there are some important business laws you need to know. If a business operates without these licenses, it is illegal and the business may be dissolved or forced to close.

Trademark and Patent Laws: These are laws that deal with ownership; intellectual property rights, and inventions. They are necessary to protect the business.

Employment Laws: These are laws regarding the hiring and firing of employees, their rights, compensation, safety, work place discrimination, child labor laws, overtime pay structure, disability laws and unemployment laws.

Tax Laws: This section deals with filing of tax returns and depends on the kind of business entity and the state the business operates in, sales tax. These include franchise tax, income tax and other state and federal tax requirements of a business. These are very important business laws you need to know before starting a business.

Environmental Laws: The government enforces the environmental laws for the discharge of hazardous waste and the recycling laws pertaining to the business.

Health Department Permits: This is necessary if your business deals with food products. You must get health department permits to operate your business.

Fire Department Permits and Air and Water Pollution Control Permits: There are laws that certain kinds of business entities must get permits from these departments to operate.

Beware Of Laws The list above contains basic business laws you need to know before starting a company. It is necessary to take precautions that you are not violating any law by operating your business. You must obtain all the necessary permits and licenses from the appropriate authority.

Additional Help There are firms that offer their services and products to help make the process of starting and running a business very simple and easy. There is also software to make sure your company remains legitimate.

Sample Law School Personal Statements: Citing Extracurricular Activities

Law school admissions are all about LSAT and GPA scores as well as how many A’s a student got in the undergraduate years. However, law school admissions also look for potential students who excel not only in the academics, but also in other areas. Though this may sound like applying to college all over again, extracurricular activities and your other pursuits not related to school or work can be the aces up your sleeves.  In the same manner that you discuss how being the captain of the lacrosse team in high school helped you channel your focus in your college application essay, in your law school personal statement, you can talk about how you’re involvement with certain organizations has opened your eyes to the desire to study the law. Here are just a few of the extracurricular activities that are cited in sample law school personal statements.

Membership with NGOs

Being part of a group such as a non-government organization can work for you in your quest to get into law school.  In some sample law school personal statements, authors detail how their passion for saving the earth has prompted them to join an NGO.  Good sample law school personal statements also focus on how earning a law degree can help applicants realize their dream for a more environment-conscious society.  These NGOs are good training grounds for future lawyers.  You are trained in reviewing existing legislation and even help draft new bills for the protection or pursuit of your organization’s cause. Going to law school can seal in better knowledge and skills in understanding how the law works.

The debate club

You’ve probably seen on TV and in movies how lawyers are very eloquent speakers and highly-attentive listeners when it comes to defending their clients and attacking the opposing side.  The debate club hones this talent early on.  Applicants who have a background in public speaking or debating can very well feel at ease in the courtroom when delivering speeches or launching verbal attacks through depositions. Individuals who also excel in writing can also cite this ability in their law school personal statement.  If you have a good command of the language and can fashion these into highly informative and purposeful written output, then you may have the potential to write legal briefs that can be one of the weapons of a lawyer in a case.

Social Work

Though the desire for public service may be for those who aspire for a position in government, having the heart and kindness to serve others is also a great factor that law school admissions panels look for in applicants.  Pro bono, that legal service rendered for free by accredited lawyers, actually translates to “for the good of the public.”  If you possess the intellect and skills for becoming a lawyer and also have the compassion to serve those who need justice, you can do very well by relaying your involvement with social work or community services in your admission essay.

Extracurricular activities also tell much about who you are, your interests, beliefs, and purpose in life.  So don’t forget to highlight these experiences when writing your admission essay for law school.

Law school Questions and Answers

A never married dad wants at least joint custody of 3year old daughter in michigan and can not afford a lawyer
mother is uncooperative and caddy. father makes $30000 per year and can’t afford lawyer, she will not give joint custody willingly, what can father do? Contact a local law school and ask them for the phone number of.

Do female lawyers face discrimination in the workplace/school?
According to the Princeton Review, as well as several other reputable sources, women can be treated poorly by their male classmates in law school. In fact, the PR includes a list of ‘women-friendly’ universities because this sexism is so widespread. Also, I have read that often women often are passed over.

Do judges need to be attorneys?
Do appointed court judges need to be attorneys A college degree and work experience is the minimum requirement to be a judge. Most judges have worked as lawyers. In fact, Federal and State judges usually must have worked as lawyers. That means that they need to go to law school. Law school usually.

Do Law Students help out in court?
and if so, what do they do? There are law school ‘clinical programs’ in which 2d and 3d year students get to represent low-income people in court, under a lawyer’s supervision. There are other programs where the students work as interns in law firms, and get to do some of the research.

What are the education requirements for lawyers?
*sigh* this is for a project im doing generally, 4 years high school 4 years college three years law school pass the bar exam in the state you want to practice in. – 1 – Graduate high school 2 – Graduate college 3 – Graduate law school And, if they want to.

What are the steps to being a Real Estate lawyer or attorney?
It’s not so difficult. First you complete your B.A. or B.S. Then you go to law school. It helps if you take some courses in law school that focus on real estate, for example: Real Estate Transactions, Land Use, Real Estate Litigation. Do your best in.

What do I need to do to be a Pennsylvania lawyer? And how long will it take?
You need to go to college (4to5 years.) You need to go to law school (3 years) You then need to study for and take the Penn Bar Exam. This can take 3 months to forever Shortest amount of time would.

What type of career options are available for lawyers specializing in international law?
Also, what is the average salary. Is it an in demand field? Please include any other information you can give me about this type of law. I am about to attend law school next year. I am thinking about specializing in corporate law or international law..

Whats involved to become a lawyer?
Just wondering about possible future careers and would like to know what you need to do to become a lawyer, how many years at university and what you do when you become one? You must take a first degree, then apply to law school. It doesn’t matter what you major in for your.

What’s the difference between a JD (juris doctor) and an LLM (‘?’)?
Can I take the bar exam with either? Chances for gainful employment better with one or the other? Which is harder to earn? You receive a JD after successfully completing and graduating from an ABA accredited law school. It takes 3 years day or 4 year evening.

Which Law School?
Which Law School? I have the option to attend Albany Law (no scholarship costs $35k a year, but is a Tier 3 law school), Western New England Law (Scholarship money will make my out of pocket cost $15k a year but it is a Tier 4 law school located in Springfield Mass) or New England Law.

do you think my hopes and dreams will come true for me being a layer?
i wanna go to law school when i grow up I always say ‘If you can dream it, you can be it.’ You can be anything that you want to be. With enough hard work and dedication, you can do anything. Keep a positive.

Would law schools be more lenient on GPA if I major in Chemical Engineering and aspire to be a patent lawyer?
I’m a second-year ChemE major student at UC Berkeley. I want to go to law school and practice patent law, but my GPA is a little less than a 3.0. Do I have a chance? I think you.

Any recommendations for a good LSAT book?
I’m planning on taking the LSATs and pursuing law school but there are so many LSAT books out there, I don’t know which one to pick. Any really effective LSAT practice books that you guys recommend? The best study guides I found were the Powerscore Bibles (I took the course as well,.

Become a lawyer?
I’m interested in the law, government and politics. I’m in college studying political science and I do very well and like my major a lot. I also like history. A lot of people tell me I’d make a great lawyer. I have doubts though. How do I decide to go to law school? Do lawyers have.

Does anyone know where i can get money to go to law school?
Typically, there is less federal assistance available for law school. There are very few grants available for the government, because they expect you to be able to make enough money to pay them back later. But you should be able to take out a combination.

Watch: Paul Ryan answers questions on refugees, balance, safety, and compassion

Does it make sense to earn a second bachelor’s degree before going to law school?
I went to a small ‘no name’ liberal arts college and earned a BS in Computer Science. I earned a MBA online. I am now a math teacher in an inner city public high school. (The same one I went to) Go figure! I.

How does Skinner v. Oklahoma 1942 been used to expand the protections of the constitution?
or it could be Levy v. Louisiana 1968, Craig v. Boren 1976, and/or Lawrence v. Texas 2003. go to www.4lawschool.com click on case brief bank click on constitutional law briefs then look up each case. I am in law school too.it isn’t that hard.

How long do you have to got to school to be a lawyer?
3 years after undergrad if you go full time, 4 if you go part time. – 2 more years after college – Four years of college, two years of law school. – 7 years, but many schools will give life experience credit for a history.

How many credits do you need to be a lawyer.?
I’m not sure what you mean by credits. To be a lawyer, you must have an undergraduate degree and then attend law school. Law school is usually 3 or 4 years (full v. part time). Each school has different required courses and credit requirements. After you graduate law.

How many years do you have to to school to be an Entertainment Lawyer?
An American Bar Association approved law school is generally 3 years long. To be admitted to such a school you’ll need an undergraduate degree (i.e. a BA) and to take the LSAT. After going to law school you’ll need to to take the bar.

How many years of college does it take to become a lawyer?
About 7 years all together when you figure 4 years of college and then 3 years of law school. You can talk to any attorney or go to the law library or any college and they will tell you everything you have to do to become.

How to be a lawyer in California?.a step by step walkthrough.?
Get good grades in high school and graduate. Take the SAT and get a good score. Go to college, get good grades and earn a BA or BS. Take the LSAT, and score high. Get accepted to a CA accredited law school. Graduate from law school with.

I need some info on common law, how can i get it done?
I would recommend going to a local law library (and local law school will have one) and using some of the treatises on law. Treatises give the generally accepted rules for the various issues in law and the notable exceptions to those rules. Additionally, they.

I want to find a law school in NYC and the price it will cost to go there can anyone help me thank you?
There are numerous law schools in New York City. There’s New York University, Columbia, Fordham Law School, Cardozo Law School (a school in Yeshiva University), and New York Law School (different from NYU). St..

If you want to work in govt. intelligence do you have to go to law school?
No. Usually an analyst has another particular skill such as foreign language experience and a specialty that makes them valuable. For me it was my background in mathematics that attracted their attention. – honestly now.when you think about it what does govt.

Fiance is Army officer, got ed. delay for grad. school. Is he considered ‘in the the Army’ while on delay?
Fiance and I are getting married while he’s on an educational delay for law school. He was a First Lieutenant prior to entering law school, and I’m trying to figure out the proper way to word our wedding invitation..

Has a registered sex offender EVER become successful AFTER.?
Has a registered sex offender ever shook off the chains of the scarlett letter and become a succesful and productive member of society? I am not talking about the ones who fail to register and skate by on anonymity or the people who become advocates. I am in law school.

Obtaining TWO Juris Doctor Degrees?
I recently obtained my J.D. degree. However, my grades were not that hot. However, I definitely feel in retrospect, if I were given the second chance to ‘redo’ law school, I’d be able to do much better. I was just wondering if I had the chance to pursue another J.D. degree, at another.

The stuff that happens to prosecutors on TV are fake, right?
Prosecutors getting framed, kidnapped, ambushed, murdered by the minions of the criminals they put away, that’s all TV right? Or does it really happen in real life? Because i’m thinking law school right now and being a prosecutor is my main career objective. I have known hundreds of.

There is no way i can get to harvord what is a good law school in NORTH CAROLINA?
I NEED TO KNOW QUIK Duke? UNC?(any campus) NC State? Appalachian State? – s – Duke – Duke – North carolina state ncs sorry this is my partners suggestion – Duke. One of our own presidents received his law degree from.

Legal Job Website – the Simplest Way to get a Casual job Today

Career interests vary among different people. While there are those who are just into challenging jobs, there are others who like non challenging jobs. In order for one to be well satisfied with their job, it is really essential that they choose the right kind of job carefully. The legal profession is among the various job kinds available that are pretty challenging.

Legal careers interest quite a lot of people. This profession is made up of several posts. There are a number of people who interested in becoming lawyers; others have their dreams set on becoming judges while others want to get into the paralegal work.

It is essential to look for Casual jobs that match your ability to work as well as those that suit your interests. There are probabilities that you may be a law degree graduate but have no skills to look for legal jobs. You may not be aware of places to locate these kinds of careers.

The legal Best job websites are one of the perfect ways of getting legal jobs. Nowadays, there are a wide variety of legal employment websites available. All you have to do is to ensure that you make the right choices in choosing the best kinds of websites that suit you.

First and foremost, you need to log into the internet. You thereafter make your choice of a good search engine and enter the legal career website search. You can be able to access amazing opportunities from the employment job listings provided online.

The legal job website is sure to help anyone who has their eyes set on a lucrative career in law. One of the amazing facts on these careers is the fact that there are several legal employment opportunities. This is made possible courtesy to the complexities that are present in the legal system.
There are a wide range of legal functions. While some of them are core legal functions, others are non-core. There has been an expansion in the role of a legal professional by the day due to the changes that have been observed in the legal system.

This is basically the reason as to why there are more websites on legal employments nowadays. There is a competition among these websites to deliver better opportunities to those who are interested in these jobs. You may however have questions on how to locate the best legal work website.

They are often at the best position to judge the services that are delivered by the websites. You will need to find out the legal job website that is the most popular. It could also be great if you took suggestions from those who have previously used the website to look for legal jobs.

The recruitment industry has all through been committed to matching prospective job candidates with the employers. The process can be laborious for the employers. Even though there is normally an innovate-able opportunity, it is pretty time consuming. The most resent innovations have created the development and utilization of job websites. This has been observed to be beneficial to both those who are recruiting as well as to the job seekers.

Entry Level Law Jobs – Top 10 Entry Level Law Positions in 2010

Are you considering a career in law? These days you have more option in choosing a career than people had before. New opportunities are coming up each and everyday and these opportunities can help you get into the right job.

Legal careers not only provide great opportunities to become successful but they also offer great salaries. One of the major concerns for people these days is money. They want to earn more money so that they can live their life luxuriously along with their family.

But with the law jobs you will have to work hard and face new challenges with almost every new case. If you are interested in this field then you must be prepared for the hard work. It is always better to start your career with the entry level law jobs.

These jobs are widely available these days. If you want to take up the entry level legal jobs in the year 2010 then you must start you search soon. You need to find out what are the entry level law jobs opportunities available in the present times.

1. You can start working in a law firm. They can provide you with great opportunities to learn as well as gather experiences for your future jobs. You learn to work in a team which is good for your profession.

2. You can even choose the clerical positions for the entry level lawyer jobs. This kind of a position is usually made for the students who want to enter into this field. It is quite difficult to rise up to the position of a lawyer in the very beginning. So it is always better to have a small start.
3. Entry level paralegal jobs can also help you enter into this field and learn the work. In this job you will have to prepare all the papers and perform research regarding the cases.

4. Legal assistant jobs are also much in demand in 2010. If you work as legal assistants you can keep a look on how the lawyers actually work.

5. You can also apply for the post of court messengers to enter into this field.

6. Copy center professionals are also an important part of this profession and the post is good for entry level law jobs.

7. In the year 2010 you can even start with the post of a document coder who has a valuable role in document production.

8. You can enter into the government law jobs which also offer great opportunity to the fresher.

9. You can also become an entry level lawyer for a corporate company where you can work under a senior.

10. The year 2010 has brought lots of chances for different kinds of entry level law jobs.

MA Criminal Law & Justice with Civil Services Coaching

Criminal Law and Justice Studies have always remained in demand as they offer a promising and fulfilling career for every aspirant. Master’s degree in Criminal Law & Justice is the ultimate specialization for those who love MA Criminal Law & Justice and wish to make a career in it.MA Criminal Law and Justice help develop ultimate know-how of the crime regulation in India and also overseas.

The prime aim of the MA Criminal Law and Justice is usually to understand the bridges between the two poles of criminal justice and criminal law. The subject is deeply multidisciplinary in nature and is theoretically rich. The students get a variety of things to discover study and understand the concept of criminal law and justice, and their importance in any democracy. The aim is to produce pupils with critical outlooks and perceptions who can deliver the much needed insights to the field of criminal law and criminal justice.

MA Criminal Law & Justice offers a wide range in career choices, students studying MA criminal law & justice can take up career in both government and private sector. The consultancies offer a wide scope for a career in Criminal Law and Justice, whereas such courses find a place in the elite services among the government cadre.

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Maximum of students taking such courses prefer MA Criminal Law & Justice with Civil Services Coaching, this helps them complete their post graduation with effective guidance for their ultimate goal that is the civil services. MA Criminal Law & Justice with Civil Services Coaching is basically an amalgam of a constructive balance between the critical studies during the post graduation and the competitive preparation for the civil services, specially the UPSC-Indian Police Services; that is the IPS examination. Students taking up a hybrid course like MA Criminal Law & Justice with Civil Services Coaching thus get a chance to widen the horizons of their thinking and acquire much advanced knowledge and critical perspective in criminological and criminal justice theories, which have direct implications in the public policy and also in practice.

MA Criminal Law & Justice with Civil Services Coaching is a much competition-centric course which promises a much focused scope of preparation. It instils the much needed spirit of competitiveness and cognizance among the students in a very early stage, thus adding to their readiness for the ultimate career choice which they are going to make. Premiere institutes tie-up with high end coaching centres usually to offer courses like MA Criminal Law & Justice with Civil Services Coaching, so as to mould their students into better professional career at the initial stages only.

Criminal Law Provides Justice for All

The figure of law that relates to crime is Criminal Law. It adjusts social conduct and suggests whatever is threatening, harmful, or might otherwise be endangering to the property, health, safety, and moral welfare of the people. It includes the chastisement of the people who violate these laws.

In South Africa, as in most confrontational legal systems, the standard of evidence required to confirm a criminal conviction is proof beyond a sensible doubt. The bases of South African criminal law are to be found in the common law, in the case of law and in legislation.

The criminal justice system in South Africa is aimed at law implementation, the trial of offenders and the sentence of the convicted. It is that part or sub-system of the national legal system which determines the conditions and the actions according to which people and legal units may be punished by the State for criminal behaviour.

The South African Constitution establishes the principle of legality. Its introduction states that South Africa is founded on the reign of the Constitution and the rule of law. The Bill of Rights, temporarily, provides that “every accused person has a right to a fair trial”, which includes the right to:

1. Not to be convicted for an act or oversight that was not an crime under state law at the time it was committed or omitted; and

2. To the advantage of the least severe of the prescribed sentences if the prescribed punishment for the offence has been altered amid the time that the offence was committed and the time of punishing.

In terms of the principle of inevitability, the crime must not, as expressed, be imprecise or unclear. The suspect must understand exactly what is expected of him/her. The classification of a crime should be sensibly precise and settled, so that society need not live in fear of breaking the law unintentionally. Even though the Constitution does not specifically provide that vague or unclear punitive provisions may be hit down. If an illegal norm in legislation is vague and uncertain, it cannot be specified that the act or omission in query actually constituted an offence proceeding to a court’s clarification of the legislation.

P Smith Attorneys offers incomparable service with a dedicated team of attorneys, whose mission is to provide you with the best in criminal law. The team relies on their passion as their drive and motivation, as they succeed each and every day whilst provisioning the best law services to suit your every need or requirement.

Parent’s Right, Public School Law, Educational Laws & Policies, Dr. William Allan Kritsonis

William Allan Kritsonis, PhD

Professor

PUBLIC SCHOOL LAW

EDUCATIONAL LAWS & POLICIES

PARENT’S RIGHTS

INTRODUCTION

Parents are an essential partner in the education of their children.  While constitutional law does not necessarily outline parental rights regarding education, Texas statutory law does.  In fact, in 1995 the Texas Legislature amended the Texas Education Code to include parent rights and responsibilities.  According to Chapter 26 of the Texas Education Code §4.001, “Parents will be full partners with educators in the education of their children (Walsh, Kemerer, & Maniotis, 2007).  The state cannot require all students to attend public schools, thus enabling the parents to right to choose where their children will be educated.  Parents may send their children to public, private, or home schools.

For the purpose of this report, we will present the case that relates to granting parents the right to choose which institution of learning their children will attend.  The findings are intended to be informative and beneficial in understanding the precedent set forth for parent rights and responsibilities regarding the education of their wards.

Case One

United States Supreme Court

PIERCE

v.

SOCIETY OF SISTERS

268 U.S. 510

LITIGANTS

Plaintiffs-Appellants: Walter Pierce, Governor of Oregon

Isaac H. Van Winkle, Attorney General of Oregon

Defendant-Appellee: Society of Sisters of the Holy Names of Jesus and Mary

Hill Military Academy

BACKGROUND

On November 7, 1922, the voters in Oregon passed an initiative to amend the Compulsory Education Act.  The amendment was aimed at creating a common American culture by eliminating any dogmas that may negatively influence the established norms of American society.  All children between the ages of eight and sixteen were required to attend public school.  Children who were mentally disabled, lived three miles from the nearest road and had already completed the eighth grade were excluded from attending school.  To enforce the law parents who did not send their children to public school were fined and faced 30 days in jail.   The initiative also targeted parochial schools, specifically Catholic schools, because the thought was that such parochial schools hindered assimilation.  Since the Society of Sisters worked with mainly orphaned and disadvantaged children they challenged the fairness of the Act.

FACTS

The Society of Sisters was an Oregon corporation, organized in 1880, with power to care for orphans, educate and instruct the youth, establish and maintain academies or schools, and acquire necessary real and personal property. The Society’s bill alleges that the enactment conflicts with the right of parents to choose schools where their children will receive appropriate mental and religious training, the right of the child to influence the parents’ choice of a school, the right of schools and teachers therein to engage in a useful business or profession, and is accordingly repugnant to the Constitution and void. And, further, that, unless enforcement of the measure is enjoined the corporation’s business and property will suffer irreparable injury.

DECISION

JUSTICE McREYNOLDS delivered the opinion of the Court.

The challenged Act, effective September 1, 1926, requires every parent, guardian or other person having control or charge or custody of a child between eight and sixteen years to send him “to a public school for the period of time a public school shall be held during the current year” in the district where the child resides, and failure so to do is declared a misdemeanor. The manifest purpose is to compel general attendance at public schools by normal children, between eight and sixteen, who have not completed the eighth grade. And without doubt enforcement of the statute would seriously impair, perhaps destroy, the profitable features of appellees’ business and greatly diminish the value of their property.

The Society’s bill alleges that the enactment conflicts with the right of parents to choose schools where their children will receive appropriate mental and religious training, the right of the child to influence the parents’ choice of a school, the right of schools and teachers therein to engage in a useful business or profession, and is accordingly repugnant to the Constitution and void. And, further, that, unless enforcement of the measure is enjoined the corporation’s business and property will suffer irreparable injury.

No question is raised concerning the power of the State reasonably to regulate all schools, to inspect, supervise and examine them, their teachers and pupils; to require that all children of proper age attend some school, that teachers shall be of good moral character and patriotic disposition, that certain studies plainly essential to good citizenship must be taught, and that nothing be taught which is manifestly inimical to the public welfare.

DICTA

Under the doctrine of Meyer v. Nebraska, 262 U.S. 390, we think it entirely plain that the Act of 1922 unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control: as often heretofore pointed out, rights guaranteed by the Constitution may not be abridged by legislation which has no reasonable relation to some purpose within the competency of the State. The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.

IMPLICATIONS

The Society’s suit against Pierce was successful in establishing that the parents and guardians of students had a right to choose their children’s educational setting.  The ruling set the precedent for parents’ right to choose privately run schools and relieved parents from being forced, through penalties, to have their children educated in public schools.

Special Education, Public School Law & Educational Laws and Policies, Dr. William Allan Kritsonis

William Alan Kritsonis, PhD

Professor

Public School Law & Educational Laws and Policies

FAPE

INTRODUCTION

The Individuals with Disabilities Education Act (IDEA) is the law that provides your child with the right to a free, appropriate public education (FAPE). The purpose of the IDEA is “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living…” 20 U.S.C. 1400(d) (Wrightslaw: Special Education Law, 2nd Edition, page 20). The Board of Education v. Rowley case is significant because it established the principle that school districts are not required to maximize the potential of a child but provide some educational benefit to the child and how courts would examine future disputes under IDEA (Walsh, Kemerer, and Maniotis, 2005).

Case One

United States Supreme Court

BOARD OF EDUCATION OF THE HENDRICK HUDSON CENTRAL SCHOOL DISTRICT, WESTCHESTER COUNTY,

v.

AMY ROWLEY, by her parents, ROWLEY et al.

No. 80 – 1002

LITIGANTS

Plaintiffs – Petitioners: Board of Education of the Hendrick Hudson Central School District, Westchester County, et al.

Defendant – Respondent: Amy Rowley, by her parents, Rowley, et., al.

BACKGROUND

The Education for All Handicapped Children Act of 1975 (IDEA), provides federal money to assist state and local agencies in educating handicapped children, and federally fund States in compliance with extensive goals and procedures. The Act represents an ambitious federal effort to promote the education of handicapped children, and was passed in response to Congress’ perception that a majority of handicapped in the United States “were either totally excluded from schools or [were] sitting idly in regular classrooms awaiting the time when they were old enough to ‘drop out.'” The Acts evolution and major provisions shed light on the question of statutory interpretation which is at the heart of this case.

 

Congress first addressed the problem of education the handicapped in 1966 when it amended the Elementary and Secondary Education Act of 1965 to establish a grant program “for the purpose of assisting the States in the initiation, expansion, and improvement of programs and projects for the education of handicapped children. That program was repealed in 1970 by the Education for the Handicapped Act, Pub. L. No. 91-230, 84 Star, 175, Part B of which established a grant program similar in purpose to the repealed legislation. Neither the 1966 nor 1970 legislation contained specific guidelines for state use of the grant money; both were aimed primarily at stimulating the States to develop educational resources and to train personnel for educating the handicapped.

Dissatisfied with the progress being made under these earlier enactments, and spurred by two district court decisions holding that handicapped children should be given access to a public education, Congress in 1974 greatly increased federal funding for education of the handicapped and for the first time required recipient States to adopt “a goal of providing full educational opportunities to all handicapped children.” Pub. L. 93-380, 88 Stat. 579, 583 (1974) (the 1974 statue). The 1974 statute was recognized as an interim measure only, adopted “in order to give the Congress an additional year in which to study what if any additional Federal assistance [was] required to enable the States to meet the needs of handicapped children.” H.R. Rep. No. 94-332, supra, p.4. The ensuing year of study produced the Education for All Handicapped Children Act of 1975.

In order to qualify for federal financial assistance under the Act, a State must demonstrate that it “has in effect a policy that assures all handicapped children the right to a free appropriate public education.” 20 U.S.C. 1412(1). The “free appropriate public education” required by the Act is tailored to the unique needs of the handicapped child by means of an ‘individualized educational program” (IEP). In addition to the state plan and the IEP already described, the Act imposes extensive procedural requirements upon State receiving federal funds under its provisions. Parents or guardians of handicapped children must be notified of any proposed change in “the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child,” and must be permitted to being a complaint about “any matter relating to” such evaluation and education. 1415(b)(1)(D) and (E).6 Complaints brought by parents or guardians must be resolved at “an impartial due process hearing,” and appeal to the State educational agency must be provided if the initial hearing is held at the local or regional level. Thus, although the Act leaves to the States the primary responsibility for developing and executing educational programs for handicapped children, it imposes significant requirements to be followed in the discharge of that responsibility. Compliance is assured by provisions permitting the withholding of federal funds upon determination that a participating state or local agency has failed to satisfy the requirements of the Act, 1414(b)(A), 1416, and by the provision for judicial review. At present, all States except New Mexico receive federal funds under the portions of the Act at issue today.

FACTS

Amy Rowley is a deaf student in New York.  Amy has minimal residual hearing and is an excellent lipreader.  During the year before she started attending Furnace Woods School, Amy’s parents and school administrators met and decided to place her in a regular kindergarten classroom to determine what supplemental services would be necessary to her education.  Several members of the administration took a course in sign-language interpretation, and a teletype machine was installed in the principal’s office to facilitate communication with her parents who are also deaf.  After Amy was placed temporarily in the regular classroom, it was determined that she should stay in that class, but be provided with an FM hearing aid to amplify words.  Amy successfully finished her kindergarten year.

Before Amy entered first grade, an Individualized Education Plan (IEP) was prepared, which provided that Amy should continue to receive her education in the regular classroom and use the FM hearing aid, she should also receive instruction from a tutor for the deaf for one hour each day and from a speech therapist for three hours each week.  The Rowleys agreed with parts of this plan, but insisted that Amy also be provided a qualified sign-language interpreter in all of her academic classes instead of the assistance proposed in other parts of the IEP.

An interpreter had been placed in Amy’s kindergarten class for a 2-week experimental period, but the interpreter had reported that Amy did not need his services at that time.  The same conclusion was reached by the school for Amy’s first grade year.  An independent examiner also agreed with the administrators’ determination that an interpreter was not necessary because Amy was achieving educationally, academically, and socially without such assistance.  Amy performs better than the average child in her class and is advancing easily from grade to grade.  However, she understands less of what goes on in the class than she could if she were not deaf and so she is not learning as much, or performing as well academically, as she would without her handicap.

DECISION

The Court stated that a “free appropriate public education” is one which consists of educational instruction specially designed to meet the unique needs of the handicapped child, supported by such services as are necessary to permit the child “to benefit” from the instruction.  If personalized instruction is being provided with sufficient supportive services to allow the child to benefit from the instruction, and the other items on the definitional checklist are satisfied, the child is receiving a “free public education.”  Absent in the statute is any substantive standard prescribing the level of education to be accorded handicapped children.

“By passing the Act, Congress sought primarily to make public education available to handicapped children.  But in seeking to provide such access to public education, Congress did not impose upon the States any greater substantive educational standard than would be necessary to make such access meaningful.”  Board of Education v. Rowley, 458 U.S. 176 at 192.  The Court says the intent of the act was more to open the

Higgins, Green, Reece

door of pubic education than to guarantee the level of education once inside.  The Court further states that whatever Congress meant by an “appropriate” education, it did not mean a potential-maximizing education.  It did not mean the State had to provide specialized services to maximize each child’s potential “commensurate with the opportunity provided other children.”  The basic floor of opportunity provided by the Act is access to specialized instruction and related services which are individually designed to provide educational benefit to the handicapped child.

DICTA

Implicit in the congressional purpose of providing access to a “free appropriate public education” is the requirement that the education to which access is provided be sufficient to confer some educational benefit upon the handicapped child. It would do little good for Congress to spend millions of dollars in providing access to public education only to have the handicapped child receive no benefit from that education. The statutory definition of “free appropriate public education,” in addition to requiring that States provide each child with “specially designed instruction,” expressly requires the provision of “such . . . supportive services . . . as may be required to assist a handicapped child to benefit from special education.” 1401(17) (emphasis added). We therefore conclude that the “basic floor of opportunity” provided by the Act consists of access to specialized instruction and related services which are individually designed to provide educational benefit to the handicapped child.

IMPLICATIONS

The determination of when handicapped children are receiving sufficient educational benefits to satisfy the requirements of the Act presents a more difficult problem. The Act requires participating States to educate a wide spectrum of handicapped children, from the marginally hearing-impaired to the profoundly retarded palsied. It is clear that the benefits obtainable by children at one end of the spectrum will differ dramatically form those obtainable by children at the other end, with infinite variations in between. One child may have little difficulty competing successfully in an academic setting with nonhandicapped children while another child may encounter great difficulty in acquiring even the most basic of self-maintenance skills. We do not attempt today to establish any one test for determining the adequacy of educational benefits conferred upon all children covered by the Act. Because in this case we are presented with a handicapped child who is receiving substantial specialized instruction and related services, and who is performing above average in the regular classrooms of a public school system, we confine our analysis to the situation.

PUBLICE SCHOOL LAW

William Allan Kritsonis, PhD

 

LEAST RESTRICTIVE ENVIRONMENT

INTRODUCTION

An important provision of Public Law 94-142 (IDEA) is that all handicapped students be educated in the least restrictive environment (LRE) (Heron & Skinner, 1981).  Federal law expresses a strong preference for placing the child with disabilities in the setting in which that child would be served if there were no disability (Walsh, Kemerer, and Maniotis, 2005). However, these requirements continue to generate complex and interesting questions from the field. In particular, this report focuses on questions that have been raised about the relationship of IDEA’s LRE requirements to “inclusion.”  If the goal of IDEA is to mainstream students with disabilities, despite efforts made from administrators, specialists, and staff, how can this be achievable if the child has not made academic progress in the regular classroom?

Case One

United States Court of Appeals,

Fourth Circuit.

950 F.2d. 156

18 IDELR 350

Shannon CARTER, a minor, by and through her father, and next friend, Emory D. Carter, et al., Plaintiffs-Appellee,

v.

FLORENCE COUNTY SCHOOL DISTRICT FOUR: Ernest K. NICHOLSON, Superintendent, in his official capacity; SCHOOL BOARD MEMBERS; Bennie ANDERSON, Chairman; Monroe FRIDAY, Jack ODOM; Elrita BACOTE; T.R. GREEN; James W. HICKS, in their official capacity

No. 91 – 1047

LITIGANTS

Plaintiffs – Appellees:    Mark Hartmann, et al.

Defendant – Appellant: Florence County School District Four, et., al.

BACKGROUND

Mark Hartmann is an eleven year old child with autism.  Autism is a developmental disorder characterized by significant deficiencies in communication skills, social interaction, and motor control.  Mark is not able to speak and has severed problems with fine motor coordination.  Mark’s ability to write is limited.  He types on a keyboard but can only consistently type a few words such as “is” and “at”.  Mark has had episodes of

Loud screeching and other disruptive conduct; including, hitting, pinching, kicking, biting, and removing his clothing.  The school district proposed removing Mark from the regular classroom and place him in a class structured for children with autism.  However, he would be integrated for art, music, physical education, library, and recess.  Mark would be allowed to rejoin the regular education setting as he demonstrated an improved ability to handle it.  The Hartmanns refused to approve the IEP, claiming that it failed to comply with the mainstreaming provision of the IDEA, which states that “to the maximum extent appropriate,” disabled children should be educated with children who are not handicapped. 20 U.S.C. § 1412(5)(B). The county initiated due process proceedings, 20 U.S.C. § 1415(b), and on December 14, 1994, the local hearing officer upheld the May 1994 IEP. She found that Mark’s behavior was disruptive and that despite the “enthusiastic” efforts of the county, he had obtained no academic benefit from the regular education classroom. On May 3, 1995, the state review officer affirmed the decision, adopting both the hearing officer’s findings and her legal analysis. The Hartmanns then challenged the hearing officer’s decision in federal court.

While the administrative process continued, Mark entered third grade in the regular education classroom at Ashburn. In December of that year, the Hartmanns withdrew Mark from Ashburn. Mark and his mother moved to Montgomery County, Virginia, to permit the Hartmanns to enroll Mark in public school there. Mark was placed in the regular third-grade classroom for the remainder of that year as well as the next.

The district court reversed the hearing officer’s decision. The court rejected the administrative findings and concluded that Mark could receive significant educational benefit in a regular classroom and that “the Board simply did not take enough appropriate steps to try to include Mark in a regular class.” The court made little of the testimony of Mark’s Loudoun County instructors, and instead relied heavily on its reading of Mark’s experience in Illinois and Montgomery County. While the hearing officer had addressed Mark’s conduct in detail, the court stated that “given the strong presumption for inclusion under the IDEA, disruptive behavior should not be a significant factor in determining the appropriate educational placement for a disabled child.”

FACTS

Mark spent his pre-school years in various programs for disabled children. In kindergarten, he spent half his time in a self-contained program for autistic children and half in a regular education classroom at Butterfield Elementary in Lombard, Illinois. Upon entering first grade, Mark received speech and occupational therapy one-on-one, but was otherwise included in the regular classroom at Butterfield full-time with an aide to assist him.

After Mark’s first-grade year, the Hartmanns moved to Loudoun County, Virginia, where they enrolled Mark at Ashburn Elementary for the 1993-1994 school year. Based on Mark’s individualized education program (IEP) from Illinois, the school placed Mark in a regular education classroom. To facilitate Mark’s inclusion, Loudoun officials carefully selected his teacher, hired a full-time aide to assist him, and put him in a smaller class with more independent children. Mark’s teacher, Diane Johnson, read extensively about

 

  1. autism, and both Johnson and Mark’s aide, Suz Leitner, received training in facilitated communication, a special communication technique used with autistic children. Mark received five hours per week of speech and language therapy with a qualified specialist,   Carolyn Clement. Halfway through the year, Virginia McCullough, a special education teacher, was assigned to provide Mark with three hours of instruction a week and to advise Mark’s teacher and aide.

Mary Kearney, the Loudoun County Director of Special Education, personally worked with Mark’s IEP team, which consisted of Johnson, Leitner, Clement, and Laurie McDonald, the principal of Ashburn. Kearney provided in-service training for the Ashburn staff on autism and inclusion of disabled children in the regular classroom. Johnson, Leitner, Clement, and McDonald also attended a seminar on inclusion held by the Virginia Council for Administrators of Special Education. Mark’s IEP team also received assistance from educational consultants Jamie Ruppmann and Gail Mayfield, and Johnson conferred with additional specialists whose names were provided to her by the Hartmanns and the school. Mark’s curriculum was continually modified to ensure that it was properly adapted to his needs and abilities.

Frank Johnson, supervisor of the county’s program for autistic children, formally joined the IEP team in January, but provided assistance throughout the year in managing Mark’s behavior. Mark engaged in daily episodes of loud screeching and other disruptive conduct such as hitting, pinching, kicking, biting, and removing his clothing. These outbursts not only required Diane Johnson and Leitner to calm Mark and redirect him, but also consumed the additional time necessary to get the rest of the children back on task after the distraction.

Despite these efforts, by the end of the year Mark’s IEP team concluded that he was making no academic progress in the regular classroom. In Mark’s May 1994 IEP, the team therefore proposed to place Mark in a class specifically structured for autistic children at Leesburg Elementary. Leesburg is a regular elementary school which houses the autism class in order to facilitate interaction between the autistic children and students who are not handicapped. The Leesburg class would have included five autistic students working with a special education teacher and at least one full-time aide. Under the May IEP, Mark would have received only academic instruction and speech in the self-contained classroom, while joining a regular class for art, music, physical education, library, and recess. The Leesburg program also would have permitted Mark to increase the portion of his instruction received in a regular education setting as he demonstrated an improved ability to handle it.

DECISION

To demand more than this from regular education personnel would essentially require them to become special education teachers trained in the full panoply of disabilities that their students might have. Virginia law does not require this, nor does the IDEA. First, such a requirement would fall afoul of Rowley’s admonition that the IDEA does not guarantee the ideal educational opportunity for every disabled child. Furthermore, when the IDEA was passed, Congress’ intention was not that the Act displace the primacy of

 

States in the field of education, but that States receive funds to assist them in extending their educational systems to the handicapped.” Rowley, 458 U.S. at 208. The IDEA “expressly incorporates State educational standards.” Schimmel v. Spillane, 819 F.2d 477, 484 (4th Cir. 1987). We can think of few steps that would do more to usurp state educational standards and policy than to have federal courts re-write state teaching certification requirements in the guise of applying the IDEA.  In sum, we conclude that Loudoun County’s efforts on behalf of Mark were sufficient to satisfy the IDEA’s mainstreaming directive.

DICTA

The IDEA embodies important principles governing the relationship between local school authorities and a reviewing district court. Although section 1415(e)(2) provides district courts with authority to grant “appropriate” relief based on a preponderance of the evidence, 20 U.S.C. § 1415(e)(2), that section “is by no means an invitation to the courts to substitute their own notions of sound educational policy for those of the school authorities which they review.” Board of Education of Hendrick Hudson Central Sch. Dist. v. Rowley, 458 U.S. 176, 206 (1982).  These principles reflect the IDEA’s recognition that federal courts cannot run local schools. Local educators deserve latitude in determining the individualized education program most appropriate for a disabled child. The IDEA does not deprive these educators of the right to apply their professional judgment. Rather it establishes a “basic floor of opportunity” for every handicapped child. Rowley, 458 U.S. at 201. States must provide specialized instruction and related services “sufficient to confer some educational benefit upon the handicapped child,” id. at 200, but the Act does not require “the furnishing of every special service necessary to maximize each handicapped child’s potential,” id. at 199.

IMPLICATIONS

The IDEA encourages mainstreaming, but only to the extent that it does not prevent a child from receiving educational benefit. The evidence in this case demonstrates that Mark Hartmann was not making academic progress in a regular education classroom despite the provision of adequate supplementary aids and services. Loudoun County properly proposed to place Mark in a partially mainstreamed program which would have addressed the academic deficiencies of his full inclusion program while permitting him to interact with nonhandicapped students to the greatest extent possible. This professional judgment by local educators was deserving of respect. The approval of this educational approach by the local and state administrative officers likewise deserved a deference from the district court which it failed to receive. In rejecting reasonable pedagogical choices and disregarding well-supported administrative findings, the district court assumed an educational mantle which the IDEA did not confer. Accordingly, the judgment must be reversed, and the case remanded with directions to dismiss it.

William Allan Kritsonis, PhD

SPECIAL EDUCATION

SPECIAL EDUCATION

INTRODUCTION

“Appropriate” education is one that goes beyond the normal school year. If a child will experience severe or substantial regression during the summer months in the absence of a summer program, the handicapped child may be entitled to year round services. The Education for All Handicapped Children Act (EAHCA) passed in 1975, this act provided support to state special education programs to provide free appropriate public education to disabled children. National precedent establishing the tests for determining the need for an extended school year for special needs children.

            For the purpose of this case we will determine if there is sufficient enough evidence of regression to justify requiring the district to provide summer services to the student.

Case One

United States Court of Appeals,

Fifth Circuit

Alamo Heights Independent School District-Plaintiff-Appellants

v.

State Board Of Education, et al., Defendants-Apelles

790 F .d 1153

LITIGANTS

Plaintiff –Appellant: Alamo Heights Independent School District

Defendants – Apelles: State Board of Education

Background

In the summer  1979, when Steven was seven, his mother moved into the Alamo Heights Independent School District. That school year Steven attended a special education program at Cambridge Elementary School. In the late spring of 1980, Mrs. G.

requested that the Alamo Heights Independent School District provide summer services for Steven.

For seven years prior to 1980 the Alamo Heights School District had offered a summer program to all special education students who were moderately or severely handicapped. The decision to offer the program was made on the administrative level, as a matter of district policy, and any moderate to severely handicapped child was eligible to

attend. In the summer of 1980, when Steven would have been eligible for this program, however, the School District changed its policy and offered only a half-day one-month program, without providing transportation. The decision to curtail the summer program was based on its cost and the apparent lack of interest on the part of teachers and eligible students in previous years.

No students from Steven’s multiply handicapped class took advantage of the 1980 summer program, nor did Steven. It is not clear, however, whether Mrs. G. was not told of the program or whether the lack of transportation and the hours made it impossible for Steven to attend. During that summer, Steven stayed with a baby-sitter who had no training in special education. There was testimony that Steven’s behavior deteriorated that summer and that he suffered regression in his ability to stand, point, and feed himself.

The next year Mrs. G.’s request for summer services and transportation was refused by school officials, without consultation with Steven’s Admission, Review and Dismissal (ARD) Committee or with his teacher. The only caretaker Mrs. G. could find for Steven lived a mile outside of the district boundary, and even during the school year, the School District would not provide out-of-district transportation.

Mrs. G. then employed legal counsel and appealed the denial of services to the Texas Education Agency. The administrative hearing officer issued an interim order requesting a meeting of Steven’s ARD Committee to consider the issue of summer services. The ARD Committee met and agreed only to provide some adaptive equipment for Steven and to request consultative services from the state during the summer of 1981. On August 21, 1981, the hearing officer issued a “proposal for decision” in which he found that the School District was required to provide summer services and related

transportation services during 1981, and also required the School District to make a decision regarding summer services for 1982 by March of 1982.

Facts

Without some kind of continuous, structured educational program during the evidence to conclude that Steven G. would definitely suffer severe regression after a summer without such a program, neither can it conclude that he would not and there is evidence that shows that Steven G. has suffered more than the loss of skills in isolated instances, and that he has required recoupment time of more than several weeks after summers without continuous, structured programming. A summer without continuous, structured programming would result in substantial regression of knowledge gained and skills learned, and, given the severity of Steven G.’s handicaps, this regression would be significant.

Decision

Mrs. G.’s efforts to obtain the appropriate provision of free educational services for her son were pursued within the administrative framework set up by the State of Texas pursuant to EAHCA guidelines. The success she achieved in requiring the School District to provide Steven with an appropriate individualized educational placement, including summer services, was obtained through and within the “elaborate, precisely

defined administrative and judicial enforcement system. Because we find that, whether or  denominated due process, the claims upon which Mrs. G. has prevailed are rights granted by the EAHCA, and because the EAHCA contains no provision for attorney’s fees, we agree with the district court that no attorney’s fees are to be awarded under Sec. 1988.

We also find that Mrs. G. is not entitled to attorney’s fees under the Rehabilitation Act. In Smith, the Court stated, “Of course, if a State provided services beyond those required by the [EAHCA], but discriminatorily denied those services to a handicapped child, Section 504 [of the Rehabilitation Act] would remain available as an avenue of relief.”

Mrs. G. asserts that the fact that the School District provided a summer remedial reading program, free of charge, to nonhandicapped children without providing an

analogous free summer program to handicapped children is a clear instance of discrimination on the basis of handicap in violation of Sec. 504.

We do not agree. Under the EAHCA, the School District is required to provide handicapped children with a free, appropriate education geared towards their individual needs. If a handicapped child’s IEP requires summer services under the EAHCA, he is entitled to summer services. The fact that the School District affords some nonhandicapped children remedial help during the summer does not mean that it is required to offer similar remedial summer guidance to handicapped children, irrespective of whether their individual IEP’s provide for structured summer services. The school district’s action in Steven’s case has not been shown to constitute discrimination on the basis of his handicap distinct from the protection afforded under the EAHCA. Hence, Mrs. G. is not entitled to attorney’s fees under 29 U.S.C. Sec. 794a(b), the attorney’s fees provision of the Rehabilitation Act.

Finally, the School District argues that it was denied due process by the procedures employed by the State Board of Education during the administrative stage of this action. It contends that under Helms v. McDaniel, the hearing officer’s initial proposed decision of August 24, 1981 should have been considered the final decision of the case and that the hearing officer’s later adoption of the Commissioner of Education’s decision was a direct violation of Helms. It contends that the failure of the hearing officer to adopt his initial proposed decision as the final decision of the case denied them due process. The School District does not favor us with any authority for the proposition that an adjudicative officer is prohibited by the due process clause from changing his opinion in the course of an orderly procedure. We find the district court did not err in dismissing the School District’s due process claims against the state defendants.

Dicta

The district court carefully phrased its conclusion and, while it did not explicitly state that the educational program offered by the School District did not meet the “some

educational benefit” standard of Rowley, the district court showed that it was aware of that decision and its judgment is therefore tantamount to such a conclusion. Hence, we

hold that the district court applied the appropriate standard to the factual determinations supported by the record. The general injunctive relief granted by the court was

appropriate to ensure that Steven receives the summer programming to which he is entitled under the Act.

With respect to out-of-district transportation for Steven G., the district court found that transportation is included in the definition of “related service” under 20 U.S.C. Sec. 1401(a)(17) and that such transportation does not cease to be a related service simply because a parent requests transportation to a site a short distance beyond the district boundaries.

Implications

The evidence indicates that Todd was receiving benefit from the TISD special education program, and hence, the TISD special education program was an appropriate placement under IDEA. Equally important, the TISD special education program provided Todd with an opportunity to interact with nondisabled peers, and was a less restrictive environment than The Oaks. Thus, regardless of whether Todd extracted any academic benefit from the educational program at The Oaks, Todd’s parents’ unilateral decision to place him there remains their financial responsibility. For these reasons, the decision of the district court is AFFIRMED.

SPECIAL EDUCATION

Professor William Allan Kritsonis, PhD Program in Educational Leadership, PVAMU, The Texas A&M University System

SPECIAL EDUCATION

INTRODUCTION

In order to assure that all children are given a meaningful opportunity to

benefit from public education, the education of children with disabilities is

required to be tailored to the unique needs of the handicapped child by means of an individualized education plan (IEP). As a condition of federal funding, IDEA requires states to provide all children with a “free appropriate public education,” with the statutory term “appropriate” designating education from which the schoolchild obtains some degree of benefit.

This report focuses on parents rights to place their son in a unilateral placement despite the public school program and IEP. The parents by law have the right to request reimbursement for private placement.

Case One

United States Courts of Appeals,

Fifth Circuit

TODD L., Mr. and Mrs. L., Defendant-Appellants,

v.
TEAGUE INDEPENDENT SCHOOL DISTRICT, et al., Plaintiff-Appellee,

Docket No. No. 92-8427.

LITIGANTS

Plaintiffs-Appellant: Todd L., Mr. and Mrs. L., et.al

Defendant-Appellee: TEAGUE INDEPENDENT SCHOOL DISTRICT

BACKGROUND

As a condition of federal funding, IDEA requires states to provide all children with a “free appropriate public education,” with the statutory term “appropriate” designating education from which the schoolchild obtains some degree of benefit. IDEA requires that children with disabilities be educated to the maximum extent possible with nondisabled children in the least restrictive environment consistent with their needs, a concept referred to as “mainstreaming.” In order to assure that all children are given a meaningful opportunity to benefit from public education, the education of children with disabilities is required to be tailored to the unique needs of the handicapped child by means of an individualized education plan (IEP).

Complying with IDEA, Todd’s local public school district (the Teague Independent School District, “TISD”), in collaboration with Todd and his parents, developed an IEP for Todd. Consistent with IDEA’s requirement that special education services be tailored to the unique needs of the child, the IEP emphasized one-on-one instruction in specially equipped classrooms, and reduced the length of Todd’s school day from seven hours to two hours. Todd’s school day was reduced not for the convenience of school staff, but in response to Todd’s inability to tolerate a longer school day without becoming unduly frustrated and discouraged, leading to regression rather than academic progress.

The school psychologist specifically found that a shortened school day would be necessary, at least temporarily, to assure that Todd’s inability to tolerate frustration did not lead to his giving up on academics altogether and dropping out of school. Though Todd was educated separately from his nondisabled peers for part of the school day, the school arranged for Todd to have contact with nondisabled peers. The goal of Todd’s four-year IEP was to provide him with a nonthreatening environment in which he could continue to make academic progress while gradually learning to tolerate a lengthened school day and increased stress. The record indicates that the authors of Todd’s IEP fully expected that ultimately Todd would be reintegrated into “the mainstream” of regular classes at the TISD school, and would graduate.

Facts

When Todd’s parents sought reimbursement for the costs of Todd’s institutionalization, the TISD refused on the grounds that Todd had been able to benefit from the TISD program and that The Oaks placement was more restrictive than necessary to provide Todd with educational benefit. Todd’s parents appealed to a special education

hearing officer, who found that Todd’s parents should be reimbursed. The special education hearing officer found that Todd’s parents had established that Todd’s local

public school was an inappropriate placement while The Oaks was an appropriate placement. According to the hearing officer, there was no evidence that Todd had obtained any benefit from special education at the TISD School. Contending that this factual conclusion was clearly erroneous, and that the hearing officer did not take into account the relative restrictiveness of The Oaks and the TISD School’s special education program, the school district appealed the hearing officer’s decision to federal district court.

Although the district court indicated that it gave “due weight” to the decision of the hearing officer, the district court concluded, after reviewing all the evidence from the administrative proceeding and hearing additional evidence, that the TISD public school placement was appropriate, and that The Oaks placement was inappropriate. Therefore, the district court reversed the hearing officer’s decision to grant Todd’s parents reimbursement for the cost of Todd’s institutionalization at The Oaks. Todd’s parents appeal the district court’s decision. We affirm.

Decision

Having decided that the district court did not err in subjecting the hearing officer’s decision to a searching review, it remains only to decide whether the conclusions drawn by the district court were proper. We review de novo, as a mixed question of law and fact, the district court’s decision that the local school’s IEP was appropriate and that the alternative placement was inappropriate under IDEA. Christopher M. v. Corpus Christi Independent Sch. Dist., 933 F.2d 1285, 1289 (5th Cir.1991). We review the district court’s findings of “underlying fact” for clear error. Id. See also Sherri A.D., 975 F.2d at 207. Findings of “underlying fact” include findings that the schoolchild obtained

any benefit from special education services or would be threatened by a longer school day. Christopher M., 933 F.2d at 1289.  If a parent or guardian unilaterally removes a child from the local public school system, the parent or guardian may obtain reimbursement for an alternative placement only if able to demonstrate that the regular school placement was inappropriate, and that the alternative placement was appropriate. School Comm. of Burlington v. Department of Educ., 471 U.S. 359, 373-74, 105 S.Ct. 1996, 2004, 85 L.Ed.2d 385 (1985). If Todd’s IEP in the local public school district was appropriate, then there is no need to inquire further as to the appropriateness of The Oaks’ program.

Under IDEA, an “appropriate” placement is that which enables a child to obtain “some benefit” from the public education he is receiving; not necessarily maximization of his potential. See Rowley, 458 U.S. at 198-200, 102 S.Ct. at 3047. In addition to requiring that the child’s placement be appropriate in the sense of providing some benefit, IDEA mandates that to the fullest extent possible, disabled children be educated with non-disabled children in the least restrictive environment. See 20 U.S.C. § 1412(5); Rowley, 458 U.S. at 202, 102 S.Ct. at 3048; Sherri A.D., 975 F.2d at 206 (“Even in cases in which mainstreaming is not a feasible alternative, there is a statutory preference for serving disabled individuals in the setting which is least restrictive of their liberty and which is near the community in which their families live”). A presumption exists in favor of the local public school district’s plan for educating the child, provided it comports with IDEA. See Tatro v. State of Texas, 703 F.2d 823, 830 (5th Cir.1983). See generally Rowley, 458 U.S. at 207-08, 102 S.Ct. at 3051.

There is ample evidence that Todd received significant benefit from his public school placement. Todd’s teacher and school psychologist both testified that Todd made significant progress academically and behaviorally while in the TISD special education program. Not only did Todd advance in terms of grade level, he also became steadily more able to focus on particular tasks for longer periods without experiencing debilitating frustration. At the same time, the TISD special education program provided Todd with

some opportunity to interact with nondisabled peers, and the opportunity to participate in the affairs of the community in which he lived.

Todd’s one-on-one instruction at TISD was no more restrictive than necessary to assure that he would receive some academic benefit from special education at TISD. The school psychologist testified that while she would have recommended some sort of residential placement had the district not been able to provide Todd with one-on-one

instruction, she would never consider placing a child like Todd at a residential facility as restrictive as The Oaks without first exhausting the full range of less restrictive alternatives. She testified that even though Todd had serious behavior problems, she did not consider him so unruly as to require twenty-four hour supervision in a locked unit. In the school psychologist’s opinion, The Oaks was a placement of last resort.

By contrast to the unambiguous evidence that Todd benefitted from special education at the TISD school, the evidence that Todd benefitted from educational services at The Oaks is equivocal. The evidence Todd’s parents produced to support their claim that Todd benefitted academically from educational programming at The Oaks compares Todd’s performance before he received special education services at the TISD school with Todd’s performance after he was institutionalized. Hence, it is difficult, if not impossible, to ascertain whether the source of the benefit Todd obtained was provided primarily by the TISD school, or by The Oaks. It is uncontroverted that The Oaks’ focus was on behavior management, and that The Oaks devoted only the same or a little more time to Todd’s educational programming than did the TISD school.

Finally, Todd’s placement at The Oaks involved more restrictions on Todd’s liberty than any other potential placement, removed Todd from his home community, and completely precluded him from having any contact with nondisabled peers. There is exceedingly little evidence, other than the hospital’s willingness to admit Todd, that he required such a restrictive environment. Although we can assume, based on Todd’s admission to The Oaks, that a physician

ratified Todd’s parents’ decision to hospitalize their son, the great weight of the evidence indicated that he could not only cope, but thrive, in a less restrictive setting.

Dicta

The evidence indicates that Todd was receiving benefit from the TISD special education program, and hence, the TISD special education program was an appropriate placement under IDEA. Equally important, the TISD special education program provided

Todd with an opportunity to interact with nondisabled peers, and was a less restrictive environment than The Oaks. Thus, regardless of whether Todd extracted any academic benefit from the educational program at The Oaks, Todd’s parents’ unilateral decision to place him there remains their financial responsibility. For these reasons, the decision of the district court is AFFIRMED.

Implications

The district court carefully phrased its conclusion and, while it did not explicitly state that the educational program offered by the School District did not meet the “some educational benefit” standard of Rowley, the district court showed that it was aware of that decision and its judgment is therefore tantamount to such a conclusion. Hence, we hold that the district court applied the appropriate standard to the factual determinations supported by the record. The general injunctive relief granted by the court was appropriate to ensure that Steven receives the summer programming to which he is entitled under the Act.

Dr. William Allan Kritsonis Inducted into the William H. Parker Leadership Academy Hall of Honor (HBCU)

Remarks by Angela Stevens McNeil

July 26th 2008

Good Morning. My name is Angela Stevens McNeil and I have the privilege of introducing the next Hall of Honor Inductee, Dr. William Allan Kritsonis. Dr. Kritsonis was chosen because of his dedication to the educational advancement of Prairie View A&M University students. He earned a Bachelor’s degree in 1969 from Central Washington University in Ellensburg, Washington.  In 1971, he earned his Master’s in Education from Seattle Pacific University.  In 1976, he earned his PhD from the University of Iowa.

Dr. Kritsonis has served and blessed the field of education as a teacher, principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher.  He has also earned tenure as a professor at the highest academic rank at two major universities.

In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England.  His lecture was entitled theWays of Knowing through the Realms of Meaning.

In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies.

Dr. William Kritsonis is a well respected author of more than 500 articles in professional journals and several books.  In 1983, Dr. Kritsonis founded the NATIONAL FORUM JOURNALS. These publications represent a group of highly respected scholarly academic periodicals. In 2004, he established the DOCTORAL FORUM – National Journal forPublishing and Mentoring Doctoral Student Research. The DOCTORAL FORUM is the only refereed journal in America committed to publishing doctoral students while they are enrolled in course work in their doctoral programs. Over 300 articles have been published by doctorate and master’s degree students and most are indexed in ERIC.

Currently, Dr. Kritsonis is a Professor in the PhD Program in Educational Leadership here at Prairie View A&M University.

Dr. William Kritsonis has dedicated himself to the advancement of educational leadership and to the education of students at all levels.  It is my honor to bring him to the stage at this time as a William H. Parker Leadership Academy Hall of Honor Inductee.

Understand the Importance of Business Law

When a business is started, it needs to be registered with the law. Until or unless the company is not registered legally, it is not an authorized business to carry out the transactions. It can be accused as an illegal body as well. The owner may be punished for breaking the law as well.

Colorado business law states that, even if a company wants to merge with any other trade, a written contract is required to be made between them. Both the parties have to sign the agreement to show their consent for the same. The law covers a wide range of knowledge in which all the rules and regulations have been stated in detailed form. A variety of disciplines are explained in the law for various kinds of business fields.

All the aspects of trade are covered under the law. Starting from the registration of the business to hiring of employees and selling across various locations around the world is expressed in the regulation. A business may require a lawyer to help with the terms and conditions of the agreement with any other party. When the bidding for a tender or a project has to be carried out, all the rules of the law are followed and the lawyers are required to come up with various kinds of proposals to be presented to the other party. A company without a binding agreement may suffer huge losses sometimes.

Companies have to consider the business code of conduct whether they are dealing in domestic area or internationally. Failing to comply with the same is considered as a serious offence. For not obeying the rules and regulations, may sometimes lead to shutting down of the company.

If the business is carried out as an aspect of partnership, all the partners have to be registered within the Colorado business law. It offers to keep the interest of all the parties and make sure that their rights are not affected. Both the parties must have to agree and register their consent in the court. Those who do not fulfill the legal requirements may be taken to court for breaching the law.

Sometimes, the partnerships are landed in court just because of the disputes that arises because of violation of rules and regulations. The other reason could be more benefits available to the other party. The law states that all the conditions regarding the profit and loss sharing, investments need to be decided prior, and then a agreement has to be signed.

Before starting any business, the owner has to know about the codes, law and terms of reference. The law is applicable on every form and size of business. Whether it is a corporation, a sole proprietorship company, or any other form, they have to amend all the rules of Colorado business law. It also requires that every firm has to trade within the boundaries of the regulations.

Some companies may have to pay the penalties as well for not obeying the court’s order and those who do not abide by the law can be punished as well.

Business law questions and answers

Stuck on another business law case study!!?!??!?!?
Yep it’s me again! Please help me out on this one! John, a 17 year old student who looks much older ,orders $1500.00 worth of food for an end-of-VCE party. The food is duly delivered and consumed and John refuses to pay. What are the legal rights of the food supplier? I.

What is the main diference between concealment and nondisclosure in business law?
Knowledge of an event , communication, property, or intelligence that is concealed, with intent to conceal, from scrutiny or investigation, by any lawfull body or court. Nondisclosure is the knowingly withholding of information, intelligence , property, with the knowledge that the information, intelligence, property, is required.

Question about business law, i got ripped off by a lawyer?
my fiance’ and i run a computer tech. business, he went on a call, did the work, and the client (a lawyer) is ripping us off, she claimed that a loose wire caused her to have to call a different tech after we preformed the job, and has.

Wrongful termination and withholding of funds. Do I have a case?
The details are too long to post here, but if anyone reading has any knowledge of business law (preferably a lawyer), please email me and I will give you full details. Short summary: I was fired for not being willing to work on myday off (I am an.

A question about a case study for business law.What does the law state reguarding this particular matter?
Case study 1 Helen, age 17, wanted to buy a motorcycle. She did not have the money to pay cash but persuaded the dealer to sell a cycle to her on credit. The dealer did so partly because Helen said that she.

Is there a business law that prohibits intentional racism?
Macy’s denigration of whites just fuels the fire. http://www.foxnews.com/story/0,2933,2905.business law Consider the business that started this. Macy’s the ridiculous store that came to Chicago bought a profitable store – Marshall Fields – a pillar of the city, decides to sell only New York products because ‘everyone likes New.

Legal liability?
My business law professor used to say, ‘Neither officer, director, nor major shareholder shall I be.’ I recall officers, board of directors and major shareholders can be held personally liable for their actions in a corporation. Any truth to that? Well, if your Law Professor said it, there’s a good chance it’s true. – No, that’s not.

I have a question about business law class?

Watch: Paul Ryan answers questions on refugees, balance, safety, and compassion

There exists – in the field of contract law – both contract and non-contract theories of recovery. Depending upon the particular fact situation, a party might file a lawsuit for breach of an express contract in fact or an implied contract in fact. These are both contract theories! A party might.

Please read and see if you can help me along.this is for a business law class.?
Using the Internet, locate and print out a company’s order form for one of its products. (1) Identify the web site where you located the order form. (2) Does the order form include a representation regarding the age or capacity of the person.

I need a good topic for a paper (6 Pages) about any aspect of business law. Any good ideas??
Any interesting ideas are appriciated. I will give the 10 points to the person who gives me a topic that I can use. Any websites with information will be helpful too. Thanks What about the whole issue with music piracy,.

BUSINESS LAW anyone any good with business law??
Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill and knocks down an electric line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a barn.

Business law topic.help?
I need a good topic for my business law essay. I can’t think of anything. I was going to do Walmarts discrimination against women in the workplace, but one, its not a very interesting topic and all the information I’ve found is the same. Any ideas for me? how about walmarts suit with the pharmacists, it.

How can one breach acontract?
This question is from business law as one my course unit and it was acourse work given to me tofind answers. My email address is masswils@yahoo.com. Fail to fulfill the terms as contrated for. – By refusing or failing to carry out your obligations under that contract eg by failing to deliver goods (if.

I have a question about contract law.?
if i remember my business law class correctly if there is a contract between two parties and there are say 10 things in the contract that one party needs to abide by and they don’t abide by even 1 item in the contract. is this contract void? i thought a contract had.

Study Law at Cambridge Summer School

Cambridge University has an extensive law school which has formed judges and lawyers all over the world and in England. Many of Great Brittan’s judges and top lawyers have their law degrees from Cambridge Law School.

Basically, you don’t have to be a British national to study law at Cambridge Summer School. Many US universities have partnerships with the Cambridge Law School for summer programs to study British common law and international law.

Why Cambridge? Cambridge has long been known to be one of the most prestigious universities in the UK. Located in the City of Cambridge in lower England, Cambridge has been on the parallel with Oxford University, the other major university in the British Isles.

Requirements for a summer of study at Cambridge can be quite rigorous. To get law education at Cambridge, many US university students will have to file paperwork to be in good standing with both the US and Canadian Barr Associations and acquire the textbooks and other learning materials before leaving for England.

GPA can also be a major requirement for a summer study program at Cambridge. Cambridge is one of the most prestigious schools in the world, so studying there for any period of time should be considered a privilege, and not a right. Thus you have to earn it. Typically, most students who want to spend a summer studying law at Cambridge should have a minimum of a 4.0 GPA to qualify.
Who will benefit from studying law at Cambridge?Well, basically, anyone interested in becoming a judge, lawyer, or studding international business law. What is International Business Law? Well, those of you who are serious about going into business and want to work and hold high positions in companies who do business internationally. Basically, many corporations who do business internationally have subsidiaries overseas and having a degree in international business law can help you negotiate deals or get subsidiaries set up for your company in other countries which can have serious trade and business relationships for your company.

Anyone studying US law can also benefit from studying at Cambridge because of the common nature between US law and British common law. When you have a good understanding of British common law and study early American history, you can have a well-balanced education on US law. This can also help you defend your case in the courtroom and enhance your career as a lawyer.

Cambridge University Summer School Law Programme

What does a law education consist of? How long do you have to go to school to become a lawyer? These are just a few questions that may come to mind if you are thinking about becoming an attorney. These are certainly valid questions; after all, deciding on your future is a very big deal! That is why testing the waters is a good idea. When you think of law, Cambridge summer school should be one option that comes to mind. When it comes to an education in law Cambridge University summer school provides you with an excellent opportunity to explore how you may feel about going to actual law school. Here, you will also be able to find answers to your many pressing questions dealing with the professional.

While you can apply for law school no matter what your undergraduate degree (or degrees) is in, there are certain undergrad majors that are better suited to a future law student than others. Again, no courses are required in undergrad in order for you to get into law school. Knowing this information, even if you see yourself attending law school in the future, do not feel obligated to take pre-law as your undergraduate program. If you are very certain that you want to practice law, pre-law might be the best choice to make, but if not, take whatever you feel most pulled to! Personally, I know an excellent attorney that went to undergrad to major in engineering and minor in psychology. This is another option; majoring in what pulls you most, and minoring in pre-law.

If you do wish to take a program that will help you down the road in the event that you do choose law school, there are some excellent choices. In fact, when it comes to subjects other than law, Cambridge University summer school has much to offer as well! For instance, aside from law, Cambridge summer school also offers history and economics. These are two of the most popular undergrad degrees held by lawyers. The program also offers classes such as English Lit and Philosophy; also good undergrad degrees for future law students. In total, in order to complete your education and become a licensed attorney, you will have to go through four years of undergraduate school and then three years in law school. After you are practicing, you can continue to educate yourself so you can specialize in specific legal areas.