Category Archives: Legal Research

Legal Malpractice Law In Usa

Legal malpractice:

When the patient is injured by the negligence of doctor, doctor bears the legal responsibility. When the driver of car rash and negligently drives a car and causes the death of person, a driver bears the responsibility. When the building collapses as the poor construction work of contractor or engineer, an engineer or contractor bears the responsibility.

Similarly, the laws related to legal malpractice in USA are made to compensate the clients by Attorneys.

An attorney is always the defendant in legal malpractice case. Legal malpractice is an act of attorney which causes harm to the client when the attorney breaches his fiduciary or contractual duty towards a client.

It is also become common in USA that when attorneys sue clients for attorneys’ fees, many clients assert malpractice as a defense.

Legal malpractice and unauthorized practice of law:

Although both the term refers to an act towards the client, there is quite difference between the both. It is the right of an every individual to represent them before the court. When the person represents others, it requires proper education, training and an experience. A lawyer needs to act / practice within the scope/ definition of practice of law[1]. When he breaches such duty it amounts to unauthorized practice of law. E.g. practice of law by Californian attorney in New York without the license from the bar council of New York.

Professional responsibility and Legal malpractice:

While the Professional responsibility encompasses the duties of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests[2]. Legal malpractice occurs when there is a breach of professional responsibility towards the client

Legal Malpractice and Legal Outsourcing:

An attorney is not said to made legal malpractice by outsourcing legal process to outside providers. However the law requires that client has the information about his work being outsourced to the LPO providers, and there shall be supervision by an attorney towards the work performed by LPO providers. There is also an opinions of American Bar council and many bar council of the states as to the outsourcing the legal process and have opined that there is no unethical practice involved in outsourcing legal process to LPO providers.

Governing law:

Most of the civil laws of the states in USA govern the law related to the Legal malpractice. Federal law is also applicable when it relates to a federal question. Besides the judge made law, ruling, decisions and opinions on the cases will govern the Legal malpractice cases.

An attorney also subjected to the criminal law if he commits fraud/ theft on the client account.

Ethics of the bar council of the state also govern in initiating the disciplinary proceeding against an attorney.

Jurisdiction:

Generally cases are brought before the state courts where the case was filed / where the attorney represented the client and the breach is occurred. However, case is also filed in federal district courts when it involves the federal question. Federal Courts would be having exclusive jurisdiction over the legal malpractice case when itrequires the resolution of a substantial question of federal patent law[3]. But it is still unclear about the jurisdiction of by state or federal courts when the cases arise form IP matters[4].

There is also an issue as to filing legal malpractice cases against the lawyers from other state. Case is particularly filed in the state where the attorney represented the client and in the state where the attorney has license to practice.

Statistics on legal malpractice:

Every 4 to 5 law professional out of hundred have to face a lawsuit in a year[5]. Each year, over 35,000 lawsuits are filed against insured lawyers for legal malpractice. Figure would be more if included uninsured lawyers[6].

Statutory limits for filing[7]:

Statutory limits for filing legal malpractice suit against the Lawyers varies from 1 to 4 years. It is 2years in Alabama, Alaska, and Arizona. In Nevada 4 years or 2 years from discovery, whichever occurs earlier.

In Louisiana State, case shall be brought unless filed in a court of competent jurisdiction and proper venue within one year from the date of the alleged act, omission, or neglect, or within one year from the date that the alleged act, omission, or neglect is discovered or should have been discovered[8]

In New York State, three years from the date of the legal malpractice or from the date until the attorney stops representing the client in that matter[9]. (NY CPLR § 214(6),)If it is against the minor if the victim is a child under 18 years old, his or her statute of limitations does not even start to run until he or she is 18, so normally it would expire on his or her 21st birthday[10]. In New Jersey, a lawsuit must be filed within six years of when the malpractice occurred[11].

In Pennsylvania, legal malpractice claim must be brought within 2 years[12] from the date the plaintiff should have reasonably learned about the malpractice. 

In Texas, the general rule is that legal malpractice cases must be brought within two years from the time the injured party knew or should have known of the legal malpractice[13]. Likewise different states have adopted different types of statutes of limitations and the beginning of limitation period and certain exceptions to the limitations etc.

Remedies/actions for Legal Malpractice:

When the client assigns his case to an attorney, he is expected to act prudently and within the contract with the attorney. How can a client tolerate with the injury caused by an attorney to a client? There are laws in USA to address these remedies; a client injured in a legal malpractice case can file a civil law suit against the attorney in the competent court of the state to recover damages. An attorney also subjected to criminal prosecution when he commits a fraud or theft on the money or the property entrusted with the attorney. A client can also bring the act of legal malpractice to the notice of disciplinary committee of the bar council of particular state where the bar council imposes sanctions including disbarment or the payment of fine to state bar association.

What amounts to legal malpractice?

A lawyer has the duty, in all dealings and relations with a client, to act with honesty, good faith, fairness, integrity, and fidelity. A lawyer must possess the legal skill and knowledge that is ordinarily possessed by members of the profession.

Once the lawyer and the client terminate their relationship, a lawyer is not allowed to acquire an interest that is adverse to a client, in the event that this might constitute a breach of the Attorney-Client Privilege. In addition, a lawyer cannot use information that he obtained from a client as a result of their relationship.

Every state in USA has adopted its own ground for claiming Legal malpractice. In general, legal malpractice may arises from

  1. Existence of professional duty to the person harmed.
  2. Professional negligence (violation of a duty owed to the client);
  1. Missing of deadlines for filing of suit within time limit law required by statute.
  2. negligent errors,
  3. negligence in the professional relationship,
  4. fee disputes,
  5. Breach of duty towards the client to provide with a detailed and accurate account of money or the property handled. Mishandling of client money.
  6. Failure to show cost involved in court fees and other reasonable expenses from the money advanced to an attorney.
  7. Fee-splitting arrangements with non-attorneys.

10. Any types of error that would have been avoided by a lawyer

  1. Disclosure of confidential information.
  2. Giving improper advise

13. Preparing the documents improperly

14. Failure to file a documents

15. Making faulty analysis in examining the title to the real estate

16. injury caused to a third party

17. Breach of Fiduciary Duty

18. Conflicts of Interest e.g same lawyer or firm representing both the sides in law suit.

19. Failure to Properly Investigate & Perform Discovery

20. Errors During Trial

21. Improper Settlement

22. Improper Documentation

23. Accounting Malpractice

24. Probate & Estate Planning Legal Malpractice

  1. Failure to meet court deadlines.
  2. Failure to act within the statute of limitations.
  3. Failure to return phone calls or communicate with a client.
  4. Failure to resolve conflicts of interest.
  5. Failure to know the law or perform adequate research.
  6. Abuse or misuse of a client’s trust account, including commingling trust account funds with the attorney’s personal account.
  7. Improper withdrawal from representation.

32. Failure to file a lawsuit or motion in time

33. Overbilling

34. Failure to obtain client’s consent before agreeing to a settlement / plea bargain

35. Failure to discuss a settlement offer with client

36. Failure to file a case before the statute of limitation expires

37. Making mistakes in drafting contracts, wills, trusts, and other legal documents

38. Failure to present relevant evidence at trial

Burden on the Plaintiff:

Filing a legal malpractice suit is not an easier one; a plaintiff needs to establish certain things against the lawyer. There is a burden on the plaintiff to show cause that there are prima facie grounds against the lawyer to prove legal malpractice. Burden of proof also may vary defending on the law of the state. In general plaintiff needs to show following Prima facie elements

1. must establish that there is an attorney and client relationship.: an attorney client relationship can arise by either express agreement or by implication from the parties actions.

2. Must prove the breach of duty toward the client (breach of contract/ violation of standard of care) e.g. Not representing client properly, not filing documents in time, misusing the money and property entrusted with the lawyer.

3. That the negligence was a proximate cause of an injury: A plaintiff needs to show that the negligent act of the defendant was the proximate cause (and not some other reason) of the damages to the plaintiff (person filing the lawsuit).

4. Must prove that the client was injured due to the malpractice. If there is no injury, then there is no ground for proving the case case.

5. Damage: Plaintiff shall prove the damages actually suffered and the nature and amount of the damages suffered. Even if all other elements are proved and the damage is not proved the case is likely to be dismissed.

Defenses:

  1. Error due to an issue of law was unsettled or debatable.
  2. The  “Attorney Judgment Rule”: under this rule a lawyer is not liable for small errors in the judgments where the attorney made those judgments in good faith
  3. Changes in the law – A lawyer shall not be made responsible for wrong advice, merely because the attorney’s advice or representation turns out to be faulty based uponsubsequent changes in the law.
  4. The “Case within a case”(suit within a suit) – this involves a retrial of the original litigation within the context of the subsequent malpractice action – a case within a case.
  5. attorney-Client Privilege – In defending against an accusation of malpractice, a lawyer may be permitted to use what were formerly privileged communications from the plaintiff in order to respond to plaintiff’s accusations.
  6.  Proximate Cause: attorney’s negligence did not proximately cause[14] of his client’s claimed damage. An attorney take defense as to his negligence was not the proximate cause of the damage to the plaintiff.

In one of the case, anattorney had made a mistake in the legal description of land encumbered by a mortgage that he was retained to foreclose which delayed the sale of the property, giving the mortgagor time to raise the money required to redeem. The attorney’s client sued him for malpractice, seeking to recover the loss of the increased value of the property. A jury awarded the client $55,000 in damages. On appeal, the reviewing court stated that the attorney’s negligence, if any, could not be a proximate cause of the client’s loss.

Similarly failure to obtain expert witness, failure to submit affidavit, failure to join parties in litigation, failure to file a complaint, late filing of answers to request for admissions, failure to adequately investigate party’s assets and insurance coverage, failure to inform client of dismissal of case, failure to prevail on a meritless defense, failure to uncover evidence in suit on option contract, failure to move for judgment n.o.v., failure to inform bankruptcy judge of bid for bankrupt estate, failure to submit affidavit prepared by client, failure to “adequately” represent client, failure to invoke a statutory defense, failure to prevent client’s suicide, failure to identify all of spouse’s assets, failure to move for default, and failure to inform client of settlement offer would not always be ground for legal malpractice unless there is a proximate cause of the Attorney[15].

[1] the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits,

Is RMP Infotec Legal Profitable Business ?

RMP Infotec happens to be one of the most hottest network marketing companies in India and like any other reputed network marketing company in the world, RMP Infotec too gets heavily searched on the Internet.

Since network marketing is perceived to be a rather risky field, people generally have a lot of queries about network marketing, especially when it comes to successful companies like amway, RMP Infotec and all.

Though people have a lot of queries, everything ultimately boils down to just 2 questions:

1. Is the company legal?

2. What are my chances of making good money?

So let’s analyze these 2 queries. RMP Infotec was started in 2001 and has grown a distributor base of several lakhs in a very short period of time.

As far as legality of a company is concerned, it must be noted that a legal network marketing company banks upon real product sales to the end consumer instead of the distributor. As far as I can see, RMP Infotec has real products that benefits the end user so it looks like a pretty solid company to me.

RMP Legal documents are discussed here in detail.

Now comes the all important topic of whether a person can make money by being involved with rmp and my answer to this question may surprise many but nevertheless it needs to be told.

The whole question about making money with RMP is totally irrelevant. Confused? Let me explain.

All this while you might have heard that to succeed in Network Marketing, you need to have 3 components right:

1. Right Product

2. Right Compensation Plan

3. Good Leaders

Though product and compensation plan play a role in the speed of your growth, they aren’t the most important components. The reasoning is quite simple.

If product and compensation plan is all it took, then almost all should succeed by simply joining that particular company. Success in any network marketing company is not due to the company, because if it indeed was then all one needs to do is just enroll in a successful one. All of us do see distributors from good companies struggling and distributors from average companies experiencing wild success.

So what is the key component for success then? Is it the leaders who make all the difference between a success and failure? Not exactly. Yes leaders do form the main crux of a team’s success but it isn’t enough. The real answer that determines your success is the Promotional Methodology of your network marketing team.

The real thing that needs to be looked upon here is that the beggar cannot and will not sell even the BEST product(RMP infotec products). Unfortunately a lot of people promote their company thinking that anyone can join it and be successful. But I beg to differ. Only the skilled ones will ever succeed in Network Marketing. That’s exactly why network marketing leaders make so much money while others don’t even make a dime.

At the end of the day depends upon your marketing ability. If your leader is good and you aren’t, then it is your leader who will make the money, not you. So in order to succeed you need to know how to promote your business and that is why I called your team’s promotional methodology as the most important factor. So to achieve real success you need a good set of leaders and a great promotional methodology.

In network marketing, our success is not dependent not only on our individual performance but on our team performance too. So it doesn’t really matter how many you sponsor, it all boils down to how easily your team can duplicate your efforts.

What is Legal Price of an Ounce of Gold?

The big question that everyone who holds gold is asking is “How much will they pay me for an ounce of gold if they confiscate it?” There are three potential answers to that question. The old saying goes, past performance is never a guarantee of future results, but a darn good indicator. If we analyze the facts that have occurred in the past we could somehow analyze what could happen in the future.

First of all, when the original gold confiscation happened in 1933, the real price for an ounce of gold was $35.00/oz yet individuals who were forced to forfeit gold only received $20.67/oz. The reason why they paid that sum in particular is because the $20 gold coin back than had slightly less than an ounce of gold in it and all we received was the face value of coins.

If we take that example and fast forward it to today we could see the following happen. The Government outlaws the ownership of gold, cancels the COMEX division of New York Mercantile Exchange, and locks everyone in at a certain dollar amount, maybe $1,000/oz. They say that everyone has to turn in their bullion by that date and anyone caught with bullion after that will face a judge under law. In the meantime they remove all the government speculation from the gold market and the price of gold runs to $4,500/oz. Guess who just lost $3,500?

The question however still remains how much will they pay us per ounce of gold upon confiscation. Well let’s look at another part of U.S. history to maybe find the answer we are looking for. In 1979, there was a shipment of around thousand ounces of gold stolen from La Guardia Airport in New York, the shipment belonged to Franklin Mint, and was transported by Trans World Airlines. After a big legal battle Supreme Court ruled in 1984 in Franklin Mint v. TWA that Trans World Airlines, was only liable to pay $42.22 for every ounce of gold that was stolen which was far below the market value at that time but was considered as the official price of gold at that time. What if they only pay us 42.22 for every ounce of gold they confiscate from us which is the official price of gold today as well. Will they give us a little bonus and pay us $50/oz if we own American Eagles, since that’s the face value. Well legally they could do that.

Finally, the most outrageous one of them all is that under the Emergency Powers Act, if the President declares economic state of emergency the government has the right to confiscate all of your gold and silver bullion, any stocks, bonds, mutual funds, ETFs or shares that you might have in gold and silver explorations companies and pay you NOTHING. They have the right to nationalize the entire gold industry except collector gold, industrial gold, and jewelry gold.

I encourage you to purchase the gold that would not be subject to confiscation or scrutinized by the government in any way. A proper position is gold is also private and stores the value of your hard earned labor rather than the fiat paper money system that is being printed away.

Why Legal Nurse Consultants are the Secret Weapon

Legal nurse consultants are the registered nurses associated with a number of medical related cases like, personal injury, medical malpractice, product liability, wrongful death, elder law, slip-and-fall, workers’ compensation, etc. These nurses have years of special clinical expertise and knowledge regarding medical practices, administration and reforms. These are the reasons why most of the law, firms, insurance companies and other firms hire them by paying a lucrative salary.

Legal nurse consultants can efficiently and effectively aid a team of attorneys for the purpose of consulting and educating the clients on specific issues related to the case. Due to the huge demand of these consultants most of the experienced nurses are now trying to make a long term career in this profession.

Now, the question is how to become a legal nurse consultant?

A highly qualified and registered nurse whose education, knowledge and experience are best suited to assist a case.

Sometimes, a number of experts overwhelm regarding, how to become a legal nurse. They search for certification courses and other training options to get certified; in fact they are already experts. No need to spend money on these courses. The only requirement is reading some best legal nurse consulting guidebooks.

Now it’s important to know that, why legal nurses are called as the secret weapon of a legal team.

•    Expertise in medical records

Legal attorneys are probably unfamiliar with the healthcare industry and related terms. Understanding the medical terminologies, collection process and subtitles are quite difficult. So, legal nurses are appointed to analyze the records by utilizing nursing expertise and knowledge. They can note missing documents and provide a comprehensive summary of the issues.

•    They can measure the standard of care

These consultants are the experts who can measure the standard of care provided by the hospitals by picking the key points from medical records. They can also determine the arguments in favor/against the standard of care.

•    They can find out the reasons behind an injury

A legal team can get proximate causes of an injury or an incident related to the case with the help of a legal nurse. After summarizing researching the medical documents, she can find out the factors that caused the alleged damages or injuries.

•    They play a vital role as a case strategist

Each and every case has a strategy. In case of a medical litigation, legal nurse consultants play an important role. They perform screening for merit, do research on the issues, they review records and prepare summaries and test the expert witness. So, they are the vital strategists for a case.

However, if you are not sure about LNC how to be successful in this field, read some books written by Kathleen Martin.

International law questions and answers

According to international law, does Israel have a right to build a wall around an occupied people?
No, it is completely illegal. International Court of Justice ruled that the wall was illegal and ordered Israel to tear it down. The Tel Aviv newspaper Haaretz, quoting court documents, reported that by a 14-1 vote the judges found the barrier,.

According to international law, soldiers who are sent in war in other countries, they’re staying legal ?
There is a large body of international law and customary practices that govern armed conflict between nations. Under these laws, soldiers usually meet the legal requirements to be considered as ‘combatants’ and as such their actions and their actions are considered.

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..

Which human rights can never be derogated according to the international law?
I know the right to life is one of them, and then the right not to be tortured and held in slavery. Which are the others?.. ‘Right to life, Right to liberty, right to fair trial, freedom of speech. – I’m not familiar with the term ‘derogated’.

Would George Bush be executed if tried by The International Court?
Illegal invasion, deaths of 100,000s of thousands of innocent people, torture, etc.: all illegal under international law. Or does our power and wealth give us the right to ignore the law and the feelings of the rest of the world. No. The International Court doesn’t give the death.

Does Israeli destruction of Palestinian homes ‘violates international law??
By Donald Macintyre in Jerusalem 19 October 2004 http://news.independent.co.uk/world/midd.international law Israel has systematically violated international law by destroying the homes of 16,000 people in Gaza’s southernmost town regardless of military necessity, a leading New York-based human rights agency said yesterday. Human Rights Watch suggested Israel has used weapons-smuggling.

how can international law be used as a tool for conflict resolution?
The same way that Federal law is used as a tool for interstate conflict resolution. Remember that the original 13 colonies were 13 nations at first, and they agreed to give the federal government the authority to handle international disputes. Same with the EU. The member.

‘for the police in washington dc to search the embassy of foreign country would be considered’?
a legal only if the police had a warrant b.acceptable under international law c. a violation of diplomatic immunity I’ll guess C. – C and grounds for a declaration of war against the United States of America. What are you waiting for? -.

Has anyone caught onto anything suspicious lately?
Think about your rights. Think about the constitution. Think about dumb people. We have lost our 1st, 4th, 5th, and 6th amendment rights. The constitution has been replaced by the Civil Rights Act and international law. I don’t know what to think about dumb people. But 2 out 3’s not bad. -.

What is the cisg?
Contracts for the International Sales of Goods. – CISG stands for the United Nations Convention on the International Sale of Goods. It codifies private international law with respect to the international sale of goods. The United States and most of its important trading partners have ratified the Convention. It is a binding treaty in.

How has Bush violated international law? What laws did he violate?
Numerous UN Treaties (accepted and ratified by the US) which set forth standards for treatment of prisoners (see Abu Gharib) including the Geneva Convention (which the US has said we are no longer following in the ‘war on terror’). Also, civil rights violations — numerous treaties forbid.

I am an American but I want to move to the UK and pursue law. Do you think this is a bad idea?
It’s a good idea if you intend to practice international law or stay to practice in the UK. The legal system in the UK is very different from the one in the US. Do your.

Since Mexico abandoned all their oil rigs, if I can find someone crazy enough to go there, will I be able to?
claim them as abandoned property under international law. Was just thinking if that would work. Dean is 6mph short of being a cat 5. Not many will take you up on that suicide mission. – If the.

if a nation declared war, what’s the status of a captured foreign saboteur, in international law .?
Asking NOT because of Guantanamo, but for a case coming to my attention happening in WW2. along with that.. Geneva convention. since when is it valid and did we signed it ? The Geneva convention only protects soldiers in uniform and properly.

Is a blockade considered to be an act of war under international law? I.E. Cuban Missile Crisis.?
This is a good question. Generally, I would consider a blockade to be an act of war, but I think that what is considered an act of war can be different for different countries. For example, if the UN agreed to.

is a criminal justice a lawyer that goes to court and defends people?
is like what is the diference between pre law studies, criminal justice, law, advanced legal reaserch,coparative law and international law. Haha, no – criminal justice refers to the field of study that examines crime as a social phenomenon, and traditional focuses on the agents, procedures, and.

Is it true that the United Nations must sanction a war for it to be legal? Is Bush a war criminal then?
Bush going to war violates international law but it does not constutute war crimes such as genocide. According to the Un resolution 1441: ‘The Security Council may decide what measures not involving the use of armed.

Is it true that to become a citizen of Israel one has to be Jewish? Is that legal under international law?
It is obviously discriminatory. I don’t think the U.S. should support any country that requires the citizens to be a specific religion. This concept is so un-American that it would make the writers of the Bill of.

is there an international law stating that a child or teenager must be home by 5 o’clock?
me and my mom are argueing over this she says there is but i dont think so Not international, but if that’s what your mother says, then it is her law and you still have to follow it. That doesn’t make any.

Please tell me where I am wrong with this seemingly inescapable logic on the Iraq situation?

Watch: Bruce Jenner Answers Questions About Surgery and When He Plans to Live Entirely as a Woman

1. If there was no WMDs then there was no immediate threat to the US 2. If there was no immediate threat to the US, then there was no justification under both international law and our own president?? statements * 3. If there.

send all illegals home!agree or disagree??
Subject: TRY THIS CRAP IN MEXICO If you are ready for the adventure of a lifetime, TRY THIS:Enter Mexico illegally. Never mind immigration quotas, visas,international law, or any of that nonsense. Once there, demand that the local government provide free medical care for you and your entire family.Demand bilingual nurses and doctors.Demand free.

Should there be some sort of international law agianst world prostitution?
I’m so so sick of how drugs get taken care of but the one very immoral subject is left untaken care of- prostitution. In Asia alone, prostituition is everywhere from Taiwan, Japan to Thailand. It’s illegal in these countries, but heck who’s going to enforce the law? The.

Should Tony Blair be prosecuted for crimes against humanity?
What ‘crime against humanity’ has he committed? I’m not a big fan of Blair, but I adhere to the use of facts, evidence, proof, logic and reason in arguments. First, what actions has he done that can be construed as violations of international law? The charges need to be.

War crimes and international law – please do survey?
1.Age? 2.Male / Female 3.Where were you born? 4.Are you or your parents immigrants to Australia? From what country? 5.What is a war crime? 6.Who do you believe was responsible for the outbreak of World War Two? 7.The Axis nations were more heavily tried and convicted of war crimes at.

Was the intervention by the int community in the first gulf war legal?
Cos based on international law i was just wondering. I mean forgetting all the political issues associated with the war it is a bit confusing. I think that the Republicans would say that it was legal, because the United Nations’ Just War Theory requires that intervention.

Was the U.S. invasion of Iraq a violation of international law?
No, and for those who think it did, please cite which ‘International Laws’ were broken. Clearly there were numerous UN resolutions that authorized the use of force against Iraq for their violations of the resolutions. – As far as I can tell, no. – don’t think so.

can countries enforce laws from other countries?
i’m doing international law andd need to know whether a piece of valid prescriptive jurisdiction say prohibiting the causing of harm to a state’s nationals anywhere in the world could be enforced by a state which didn’t actually pass the legislation. so for instance if the United Kingdom made a law making.

what is the different between aggression and self defence in the international law?
are there similarities or differences between them? what role does security council play before taking actions against countries? aggression is when you provoke a fight, a verbal assault, a battery, etc self defence is when you try to protect yourself from such aggressions. self defence has.

what is the legal status of voluntary human shields under international law?the consequences of an attack on 1
in terms of the geneva conventions and other treaties. what are the consequences of an attack on such target? In practical terms, the legal status is nothing since, for the most part, international law is more concept than practice. Sovereign law.

what should be the role of foreign and international law in the U.S. Supreme Court decisions?
Particularly those that expand civil liberties? US Supreme court decisions should be based on interpretaion of US law and foreign and international law have no place. Decisions should be based on precedence and current law. By going outside of our laws, they are.

why America pressurized the world for international laws and violate himself ?
I’ll have to assume that you are asking why the United States is pushing Iran to give up its nuclear program while we maintain one ourselves. First, the nuclear program of the United States does not violate international law. Our program follows conventions agreed to by.

why do new nation accept international law?
Not necessarily so. From my perspective international law is often a framework created to endorse political power and control. To justify otherwise unjustifiable means. Where international conventions genuinely attempt to redress social ills their transposition into a new nation relies on the legitimacy of those laws to that nations people. This.

Why not just shoot them??
If, according to international law, mercenaries are not protected by the laws of war, and could be treated as criminals, whats all the fuss with the prisoners at Abu Grab? According to international law they have no rights. Would they not be considered mercenaries? http://www.ohchr.org/english/law/mercenaries.htm i agree kill em all. – ARE THEY NOT.

Can the states withdraw from de union according to international law?
States can theoretically vote to secede from the union, but in practice that would be very difficult to do, because few states have a viable economy on their own. They are too inter-dependent on federal programs and money. The US Supreme Court ruled that states do not.

Do citizens of an occupied nation have the right to attack the foreign invaders under international law ?
I think that if your country is attacked you do have the right to defend your homeland against foreign invaders. And once occupied you still have the right to fight for your country and try to restore it to its.

Does a surgeon diseased with hepatitis c have the right to practice operations?
i am a surgeon diseased with hepatitis c , according international law of surgeons , i have the right to practice operations or not ? No you’re not; you’re some kid trying to get us to do your homework. – This is the appropriate place for.

In international law, what status does a signed but unratified treaty have? Does it have any force in law?
What is the difference between an international treaty that has been signed and ratified (by a country’s national legislature)and one that has been merely signed but not ratified between two or more countries? If one country signs and ratifies but.

Top 4 Broken Engagement Law Questions

It may not be against the law to break off an engagement. But the question that may arise is who would get the ring after the engagement is broken off. There would be many such questions in a broken engagement that may require the opinion of a legal expert. Given below are the common questions about broken engagements.

Q. If the engagement ring was given as a birthday present or Christmas gift, can one get it back after the engagement is broken off?
In most situations, if the ring was given as a gift before marriage, it may have to be given back to the person who gave the ring. But if the ring was not considered a pre-marital gift and was given on a different occasion like a holiday, then the individual may not have to return it.

Q. Can an individual be sued for a broken engagement ring in a small claims court in the state of Illinois?
The state of Illinois does not have any specific laws regarding broken engagements. In most states, the engagement ring is considered as a conditional gift and may have to be returned to the person who gave it if the engagement is broken off. In some states, if the engagement is broken off by the person who gave the ring, then the court may treat the ring as a gift and may not have to be returned. However, the receiver may have to return it, if they were the one to break off the engagement.
An engagement ring may be considered as a legal gift if person who gives the ring has had the intention to gift the ring, the delivery of the ring is done to the receiver of the ring and the ring is accepted by the receiver. If the receiver of the ring can prove these 3 points, the court may consider it as a gift and it may not have to be returned.
Q. Can one get the ring back after the break up, if the other party has the receipt of the ring?
An engagement ring is considered as a conditional gift and in most cases one may be forced to give it back after the break up. If the case is taken to court, one may have to prove that it was a conditional gift.

Q. What legal actions can be taken, if the receiver does not give back the ring after the engagement is broken off in California?
In most situations, an individual may be able to get back the engagement ring if the engagement is broken off. One may take the case to small claims court if the receiver of the ring refuses to return the ring in a broken engagement in the state of California.

Many times it may be difficult to cope with a broken engagement and people may take time to get over it. Most of the times the engagement ring becomes the reminder of the broken engagement and it can be difficult to decide who gets the ring. You can ask family lawyers on JustAnswer to get more information about broken engagement laws.

Is Narco Analysis a Reliable Science? – the Present Legal Scenario in India

Introduction & History-

The term Narco-Analysis is derived from the Greek word nark? (meaning “anesthesia” or “torpor”) and is used to describe a diagnostic and psychotherapeutic technique that uses psychotropic drugs, particularly barbiturates, to induce a stupor in which mental elements with strong associated affects come to the surface, where they can be exploited by the therapist. The term narco-analysis was coined by Horseley. Narco analysis first reached the mainstream in 1922, when Robert House, a Texas obstetrician used the drug scopolamine on two prisoners.

The search for effective aids to interrogation is probably as old as man’s need to obtain information from an uncooperative source and as persistent as his impatience to shortcut any tortuous path. In the annals of police investigation, physical coercion has at times been substituted for painstaking and time consuming inquiry in the belief that direct methods produce quick results. Development of new tools of investigation has led to the emergence of scientific tools of interrogation like the narco analysis test. Such tests are a result of advances in science but they often raise doubts regarding basic human rights and also about their reliability. Legal questions are raised about their validity with some upholding its validity in the light of legal principles and others rejecting it as a blatant violation of constitutional provisions.

A Brief Outline of The Narco Analysis Test-

The narco analysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal dissolved in 3000 ml of distilled water. Narco Test refers to the practice of administering barbiturates or certain other chemical substances, most often Pentothal Sodium, to lower a subject’s inhibitions, in the hope that the subject will more freely share information and feelings. A person is able to lie by using his imagination. In the narco Analysis Test, the subject’s inhibitions are lowered by interfering with his nervous system at the molecular level. In this state, it becomes difficult though not impossible for him to lie .In such sleep-like state efforts are made to obtain “probative truth” about the crime. Experts inject a subject with hypnotics like Sodium Pentothal or Sodium Amytal under the controlled circumstances of the laboratory. The dose is dependent on the person’s sex, age, health and physical condition. The subject which is put in a state of Hypnotism is not in a position to speak up on his own but can answer specific but simple questions after giving some suggestions. The subject is not in a position to speak up on his own but can answer specific but simple questions. The answers are believed to be spontaneous as a semi-conscious person is unable to manipulate the answers.

Wrong dose can send the subject into coma or even result in death. The rate of administration is controlled to drive the accused slowly into a hypnotic trance. The effect of the bio-molecules on the bio-activity of an individual is evident as the drug depresses the central nervous system, lowers blood pressure and slows the heart rate, putting the subject into a hypnotic trance resulting in a lack of inhibition. The subject is then interrogated by the investigating agencies in the presence of the doctors. The revelations made during this stage are recorded both in video and audio cassettes. The report prepared by the experts is what is used in the process of collecting evidence. This procedure is conducted in government hospitals after a court order is passed instructing the doctors or hospital authorities to conduct the test. Personal consent of the subject is also required.

Other associated truth finding tests-

Apart from narco test there are also other two kinds of tests which are popularly used on the convict for extraction of truth, these are-

I. Polygraph or lie Detection Test:

It is an examination, which is based on an assumption that there is an interaction between the mind and body and is conducted by various components or the sensors of a polygraph machine, which are attached to the body of the person who is interrogated by the expert. The machine records the blood pressure, pulse rate and respiration and muscle movements. Polygraph test is conducted in three phases- a pretest interview, chart recording and diagnosis. It was Keeler who further refined the polygraph machine by adding a Psycho-galvanometer to record the electrical resistance of the skin.

II. P300 or the Brain Mapping Test:

This test was developed and patented in 1995 by neurologist Dr. Lawrence A. Farwell, Director and Chief Scientist “Brain Wave Science”, IOWA. In this method, called the “Brain-wave finger printing”; the accused is first interviewed and interrogated to find out whether he is concealing any information. Then sensors are attached to the subject’s head and the person is seated before a computer monitor. He is then shown certain images or made to hear certain sounds. The sensors monitor electrical activity in the brain and register P300 waves, which are generated only if the subject has connection with the stimulus i.e. picture or sound. The subject is not asked any questions here. In USA, the FBI has been making use of “Brain mapping technique” to convict criminals.

Legal aspects of Narco Analysis-

Such tests generally don’t have legal validity as confessions made by a semi-conscious person are not admissible in court. The court may, however, grant limited admissibility after considering the circumstances under which the test was obtained. In the main, these tests can only assist police investigations. A few democratic countries, India most notably, still continue to use narco analysis. This has come under increasing criticism from the public and the media in that country. Narco analysis is not openly permitted for investigative purposes in most developed and/or democratic countries.

But the other view regarding the legal validity of narco analysis test is that it is used as an aid for collecting evidence and helps in investigation and thus does not amount to testimonial compulsion. Thus it does not violate the constitutional provision regarding protection against self-incrimination.

Narco Analysis in India-

A few democratic countries, India most notably, still continue to use narco analysis. This has come under increasing criticism from the public and the media in that country. Narco analysis is not openly permitted for investigative purposes in most developed and/or democratic countries. In India, the narco analysis test is done by a team comprising of an anesthesiologist, a psychiatrist, a clinical/ forensic psychologist, an audio-videographer, and supporting nursing staff. The forensic psychologist will prepare the report about the revelations, which will be accompanied by a compact disc of audio-video recordings. The strength of the revelations, if necessary, is further verified by subjecting the person to polygraph and brain mapping tests.

Narco analysis is steadily being mainstreamed into investigations, court hearings, and laboratories in India. However, it raises serious scientific, legal, and ethical questions. These need to be addressed urgently before the practice spreads further. Narco analysis has become an increasingly, perhaps alarmingly, common term in India. It refers to the process of psychotherapy conducted on a subject by inducing a sleep-like state with the aid of barbiturates or other drugs. In a spate of high profile cases, such as those of the Nithari killers and the Mumbai train blasts, suspects have been whisked away to undergo an interview drugged with the barbiturate sodium pentothal.

Narco Analysis from Constitutional & Legal Stand Point-

The main provision regarding crime investigation and trial in the Indian Constitution is Art. 20(3). It deals with the privilege against self-incrimination. It has its equivalents in the Magna Carta and the law of almost every civilized country. The privilege against `self incrimination is a fundamental canon of Common law criminal jurisprudence.
The characteristic features of this principle are-

-The accused is presumed to be innocent,

-That it is for the prosecution to establish his guilt, and

-That the accused need not make any statement against his will.

-These propositions emanate from an apprehension that if compulsory examination of an accused were to be permitted then force and torture may be used against him to entrap him into fatal contradictions. The privilege against self-incrimination thus enables the maintenance of human privacy and observance of civilized standards in the enforcement of criminal justice.

Art. 20(3) which embody this privilege reads, “No person accused of any offence shall be compelled to be a witness against himself”.

On analysis, this provision will be found to contain the following components:

-It is a right available to a person “accused of an offence”;

-It is a protection against such “compulsion” “to be a witness”;

-It is a protection against such “compulsion” resulting in his giving evidence against himself.

All the three ingredients must necessarily coexist before the protection of Art

20(3) can be claimed. If any of these ingredients is missing, Art. 20(3) cannot be invoked.

The application of narco analysis test involves the fundamental question pertaining to judicial matters and also to Human Rights. The legal position of applying this technique as an investigative aid raises genuine issues like encroachment of an individual’s rights, liberties and freedom.

Section 45 of the Indian Evidence Act, 1872 does allow experts’ opinions in certain cases.

However this section is silent on other aspects of forensic evidence that can be admissible in court in criminal proceedings.

The right against forced self-incrimination, widely known as the Right to Silence is enshrined in the Code of Criminal Procedure (CrPC) and the Indian Constitution.

In the CrPC, the legislature has guarded a citizen’s right against self-incrimination.

It is well established that the Right to Silence has been granted to the accused by virtue of the pronouncement in the case of Nandini Sathpathy vs P.L.Dani, no one can forcibly extract statements from the accused, who has the right to keep silent during the course of interrogation (investigation). By the administration of these tests, forcible intrusion into one’s mind is being restored to, thereby nullifying the validity and legitimacy of the Right to Silence.

Some Notable Events & Cases of Narco Analysis in India-

I. In a 2006 judgment (Dinesh Dalmia v State), the Madras High Court held that subjecting an accused to narco analysis is not tantamount to testimony by compulsion. The court said about the accused: “he may be taken to the laboratory for such tests against his will, but the revelation during such tests is quite voluntary.”

II. In 2004, the Bombay High Court ruled in the multi-crore-rupee fake stamp paper case that subjecting an accused to certain tests like narcoanalysis does not violate the fundamental right against self-incrimination. Article 20(3) of the Constitution guarantees this: “No person accused of any offence shall be compelled to be a witness against himself.” Statements made under narco analysis are not admissible in evidence.

III. In January 24th, 2008, a bench of Chief Justice K.G. Balakrishnan reserved its ruling after hearing arguments for three days from various parties, including Solicitor General Goolam E. Vahanvati and senior advocate Dushyant Dave, appointed by the bench as amicus curiae to assist the court in the case.

Telgi and his accomplices are facing probe by various states’ police and other investigative agencies for their alleged criminal acts.

These accused people have challenged the legality of the use polygraph, brain mapping and narco-analysis by the investigative agencies to probe the crime.

IV. The Bombay High Court recently in a significant verdict in the case of, Ramchandra Reddy and Ors. v. State of Maharashtra, upheld the legality of the use of P300 or Brain finger-printing, lie-detector test and the use of truth serum or narco analysis. The court upheld a special court order given by the special court in Pune as mentioned above, allowing the SIT to conduct scientific tests on the accused in the fake stamp paper scam including the main accused, Abdul Karim Telgi. The verdict also said that the evidence procured under the effect of truth serum is also admissible. In the course of the judgment, a distinction was drawn between “statement” (made before a police officer) and “testimony” (made under oath in court). The Judges, Justice Palshikar and Justice Kakade, said that the lie-detector and the brain mapping tests did not involve any “statement” being made and the statement made under narco analysis was not admissible in evidence during trial. The judgment also held that these tests involve “minimal bodily harm”.

V. A court in Kerala recently pronounced that no court order is required to do a narco analysis, Disposing of a petition filed by the CBI seeking permission of the court, the magistrate said that filing this type of a plea would only delay the investigation. The court said nobody could stand in the way of the investigating agency conducting tests recognized as effective investigation tools. When the technicalities of the test itself are not clear and uniform, it becomes difficult to accept the stand taken by the court.

The Degree of Admission of These Truth Finding Tests in Court-

Lawyers are divided on whether the results of Narco Analysis and P300 tests are admissible as evidence in courts. “Confessions made by a semi-conscious person is not admissible in court. A Narco Analysis Test report has some validity but is not totally admissible in court, which considers the circumstances under which it was obtained and assess its admissibility,” advocate P. R Vakil told rediff.com. “Under certain circumstance, a person may hold a certain belief. By repeatedly thinking about an issue in a particular way, he begins to believe that what he is thinking is right. But it need not necessarily be the truth,” Vakil explained.” Results of such tests can be used to get admissible evidence, can be collaborated with other evidence or to support other evidence. But if the result of this test is not admitted in a court, it cannot be used to support any other evidence obtained the course of routine investigation.”

Criminal lawyer Majeed Memon said, “If the courts give permission to conduct these tests, then only it can decide the admissibility of the test results and other related evidence. Such reports can be used as evidence or to support other evidence.” Another criminal lawyer Sham Keswani has a different view. “Such tests don’t have any legal validity. They can only assist the police investigation.” But, in case a person is not affected by the chemical, he might take some wrong names (to mislead investigators). The results of such tests can be used to support other evidence,” he said.

Conclusion-

Law is a living process, which changes according to the changes in society, science, ethics and so on. The Legal System should imbibe developments and advances that take place in science as long as they do not violate fundamental legal principles and are for the good of the society. The criminal justice system should be based on just and equitable principles. The issue of using narco analysis test as a tool of interrogation in India has been widely debated. The extent to which it is accepted in our legal system and our society is something, which will be clearer in the near future. In a situation where narco analysis is gaining judicial acceptances and supports despite being an “unreliable & doubtful” science, we have to seroiusly rethink about its legal and constitutional validity from human rights perspective.

contract law questions and answers

How are plurals handled as a matter of New York contract law?
If a term is defined ‘Party’ and is later referenced as ‘Parties’ what factors would go to interpreting it as ‘all Parties’ or ‘one or more Parties’? A court will look to the context in which it is used. In those very rare cases where the difference.

Contract law and agency law?
How can I give an example of how a conversation between the person answering the phone at a doctor’s office and the patient who called could create a contract, demonstrating knowledge of contract law and agency law? the person answering the phone in the dr’s office places an order for office supplies or medical.

I have a question about business law class?
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.

What are my rights under consumer/contract law when I cancel a service?
I subscribe to Supanet.com for internet. I now work for a telecom co & am eligible for reduced staff rates. I contacted Supanet & told them I want to give canx notice, I assumed 1 months would be standard, but was told that the canx would be.

i need to find some legal advice?
need legal advice in contract law with landlord and tenant issues. Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutory and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And Tenant Act (URLTA) or.
Solving legal problem??
I have got a problem in which I want you help me solving. It is a question regarding contract law which says: About 15 miles from Potters Bar, in quiet countryside, there is a clothing factory with its own factory shop. In the shop window there is a notice stating: ‘Limited offer, twenty RD23 anti-fit jeans.

There are established rules in contract law. One rule states that, where a minor enters into a contract, the?
The Problem Omar, aged 17, having finished a pottery course at college, decided to leave home in order to follow his ambition to become a producer and dealer in fine art pottery. He moved to London where he entered into.

‘time shall be of the essence’ in a contract?
Does anyone know what ‘time shall be of the essence’ in a contract means and what happens if this is not respected? What are the legal consequences? It IS something you usually see in a contract, at least in the US. In contract law, very often time is not a.

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.

Top Five Legal Questions about Alimony

After a divorce, people can worry about the income they were used to during the marriage. This can be a difficult situation for an individual. The offset income the spouse may get after a divorce is called alimony. It is determined by alimony guidelines and spousal support law. Given below are top 5 legal questions related to alimony.

Q. If an individual is on social security disability, how can alimony be calculated?
The courts may decide whether to award spousal support to an individual or not. The court may also decide the amount that may be given as spousal support. The alimony may be determined keeping in mind factors such as, financial recourses, time needed for training for employment or education, the couple’s standard of living when they were married, age and health of the spouse asking for support. One spouse can collect on the other spouse’s record, if the couple is divorcing after 10 years of marriage or more.

Q. Is it possible for the court to take money from a business account if an individual is unable to pay the alimony ordered by court or pays less than what has been ordered?
If an individual is not able to pay the spousal support ordered by the court, he/she can petition the court to reduce the amount of alimony or relieve him/her from paying the alimony. The court may not be able to take the money from the corporate assets of an individual if they are not attached to any personal assets. However, the court may be able to take money from the stock of the corporation depending on the value of the stock.

Q. Is there a formula to calculate alimony for self employed businesses?
There may not be a particular formula to calculate alimony for self employed businesses. Though there are guidelines to follow, it is up to the judges to decide the amount of spousal support. The court may consider the past tax returns before awarding alimony. However one may have to retain a local attorney to get the best possible representation in court.
Q. Is Texas the only state with 3 years as the maximum limit for spousal support?
Though Texas is the only state with a strict limit on spousal support, it can be waived if the spouse is mentally or physically disabled. In many states instead of awarding permanent spousal support, rehabilitative spousal support is awarded. However in some states, permanent alimony may be awarded if the couple has been married for a long term.

Q. In NY state, if a couple has been married for more than 7 years, but has no children or mortgage, can the wife still get alimony if she is a student and is not able to work?
Whether an individual gets alimony or not would not be based on whether the couple had children. The wife may get alimony irrespective of whether the couple has children or not. The alimony may depend on the number of years the couple has been married.

5 Legal Questions on Adultery and Infidelity

Adultery laws are different in every state. Sometimes this can leave an individual helpless, confused and unaware of the help that is actually available. Here are the top 5 legal questions about adultery and infidelity that one may come to an individual’s mind and would like to ask a family lawyer.

Q. If there was no effect on children, will adultery effect on child custody arrangements after a divorce?
The court always wants the best for the children. Unless the child has suffered physically or mentally because of the affair, adultery will have no effect on child custody related issues. However, the judge will check lifestyle and note any negative actions that could affect the child in the course of the divorce proceeding. These factors will finally determine which partner is suited best for granting the child’s custody.

Q. Can alimony or custody issues be affected by adultery during marriage?
Committing adultery during marriage cannot be a strong factor to determine who gets the custody of the children. However, certain issues like having sexual contact in front of the children or leaving them alone while having a sexual affair can influence the court into thinking that the children’s lives and welfare is in danger. Ultimately, the court will grant custody only after examining the lifestyle of both the partners.

In the case of alimony too the court tries to be just. The court takes into consideration factors such as whether the individual is demanding alimony to pursue better education or employment, to solve his/ her financial problems or for medical purposes. If the court feels that the other partner in the case is disabled or sick and cannot sustain by him or herself, it may grant alimony. In most cases, age is also considered an important factor.

Q. In South Carolina, is there a statute of limitations on adultery?
Regardless of when the offense occurred, anyone who commits adultery will be punished in South Carolina. The accused is then either punished with a criminal fine or even imprisonment. Currently in USA, there are only four states that do not have a statute of limitations on adultery. This also means that after the crime is committed, a charge of adultery can be prosecuted anytime by the parties involved. Butadultery laws differ from state to state.

Q. Is there a way to press charges on the individual who committed adultery with one’s spouse?
In most of the states, one cannot press charges on the individual who committed adultery with one’s spouse. But adultery committed by one’s spouse can be a strong reason to file a divorce case depending on the situation one’s into and the state where one resides. You canask a Family Lawyer online if you still have questions about adultery, infidelity and its legal implications.

Q. If a spouse has an affair with someone while entered into a legal separation in the state of Ohio, is it considered to be a case of adultery?
If the divorce has not been finalized legally, this could be treated as adultery. Most of the divorces are considered no-fault divorces and incompatible in many of the states and the reason for filing a divorce case doesn’t matter. But adultery has a more of an emotional impact than legal.