Every day of our lives we face numerous challenges that take us through different and sometimes unexpected paths, where the helping hand of a lawyer might be required.
Most people do not pay much attention to legal issues until the moment when they need to find a lawyer. Regardless of the fact that the Internet is the closest and most useful aid for such a task, the question remains: how can you find a lawyer online?
Relax, because this is not an impossible mission or a hard task to accomplish. First, ask yourself about your present legal needs, why do you need a lawyer?
The single word "lawyer" scares away most people, because there is a common belief associating lawyers and attorneys with tedious and expensive litigation. However, a lawyer is an indispensable individual with skills and knowledge that might help in many ways.
Whether providing advice to establish a small business, or beginning the paperwork for a divorce, there are professionals in different areas of the law ready to help you with all your legal needs.
With your goal in mind, do what you are doing now. Sit down in front of your computer and find your lawyer now. The first source to look for a lawyer is through a search engine.
The major search engines that all of us know (Google, Yahoo, MSN, Ask, etc) can point you in the right direction, and learning the "science of searching" is not that hard
Are you new to the Internet? Do not worry, keywords are those abstract words that cover your basic idea, hence your query input should be something like "lawyer, North Carolina, divorce", which translated into colloquial language would be that you need to find a lawyer in North Carolina specialized in divorce.
Also at the search engine you can take advantage of specialized directories that provide you with lawyers' information exclusively. In such cases, you simply type something like "lawyers directory", or "lawyers listings", or similar keywords.
Practice will help you to refine your search tactics, using each time more and more accurate keywords for the most relevant results.
Last but not least, using search engines will help you find the information provided by the American Bar Association, National Bar Associations, International Bar Association, and many other law-related boards, which you can browse for specific areas and specializations, and for attorneys located close to you.
As a matter of fact, such associations and boards can direct you to lawyers in the fields of Insurance Law, Intellectual Property, Civil Rights, Bankruptcy, Labor and Employment Law, Social Security, Taxation, Consumer Law, Business Law, Will and Probate, Immigration Law, Family Law, and many other legal fields.
About the Author
Author Ashley Daniels is an assistant editor at a Local Lawyers Directory a resource for finding Columbus, OH lawyers and many others. She and also contributes to Website Promotion World.
Tuesday, August 28, 2007
Choosing an Adoption Attorney
Adoption is a remarkable alternative for expanding your family. However, the process of adoption has been governed by a number of laws that are quite puzzling and complicated. Much worse is that the adoption laws greatly vary from state to state or from country to country, making the adoption really a tough process and decision to make. With this reality, contacting an adoption attorney is no doubt a brilliant move to consider.
An adoption attorney is highly needed in every adoption process. This person can either be a lawyer who limits his or her practices to adoption matters exclusively, or a lawyer who only assist with adoption matters as part of their practice. Well, it is worth noting that up to this date, there are really no specialized courses that lawyers can take to learn more about the adoption process and the laws governing it. It also follows that there are no specialty certification in adoption.
So the level of expertise and capabilities that you might need from your adoption attorney largely depends upon the type of adoption process you are considering. There are some adoption attorneys out there who do mainly domestic adoptions, but there are others who are expert in dealing with international adoption matters. Whatever their specialties are, the truth remains that if you want to make your adoption experience memorable and smooth running, adoption attorneys can greatly assist and represent you and can do everything for your adoption to be successful. They know the adoption laws and the particular procedures involved in the concept, so if you want to save yourself from a lot of legal heartaches and burdens, an adoption attorney is worth calling.
But how can you find the right adoption attorney?
The ways for finding the right adoption attorney is just so simple. Perhaps the first move to take is to speak with a licensed adoption agency in your area. Know, however, what type of adoption that agency is offering. Aside from this, you can contact the American Association of Adoption Attorneys at their official site AdoptionAttorneys.org. This organization is actually composed of licensed and certified lawyers who handle adoption cases in the US. You can also call the Bar Association in your own area, or refer to the yellow pages listings for the adoption attorney lists.
Indeed, there are a lot of options that you can consider. It is just somehow important to note that when searching for an adoption attorney, note that you are looking for a service, so you should be meticulous enough. Make sure that you are comfortable with the lawyer you are contacting to. Also, before you decide on a particular attorney who handles adoption matters, it is important for you to know first that the right adoption attorney is someone who can discuss with you all the procedures involved in the adoption process and all the laws that govern the concept. He or she should also be able to provide you an unprejudiced explanation of the approaches or methods involved, including the valuable resources. The adoption attorney should be willing to help you create a secure plan that is specifically tailored to your adoption needs.
http://articles.simplysearch4it.com/article/49113.html
An adoption attorney is highly needed in every adoption process. This person can either be a lawyer who limits his or her practices to adoption matters exclusively, or a lawyer who only assist with adoption matters as part of their practice. Well, it is worth noting that up to this date, there are really no specialized courses that lawyers can take to learn more about the adoption process and the laws governing it. It also follows that there are no specialty certification in adoption.
So the level of expertise and capabilities that you might need from your adoption attorney largely depends upon the type of adoption process you are considering. There are some adoption attorneys out there who do mainly domestic adoptions, but there are others who are expert in dealing with international adoption matters. Whatever their specialties are, the truth remains that if you want to make your adoption experience memorable and smooth running, adoption attorneys can greatly assist and represent you and can do everything for your adoption to be successful. They know the adoption laws and the particular procedures involved in the concept, so if you want to save yourself from a lot of legal heartaches and burdens, an adoption attorney is worth calling.
But how can you find the right adoption attorney?
The ways for finding the right adoption attorney is just so simple. Perhaps the first move to take is to speak with a licensed adoption agency in your area. Know, however, what type of adoption that agency is offering. Aside from this, you can contact the American Association of Adoption Attorneys at their official site AdoptionAttorneys.org. This organization is actually composed of licensed and certified lawyers who handle adoption cases in the US. You can also call the Bar Association in your own area, or refer to the yellow pages listings for the adoption attorney lists.
Indeed, there are a lot of options that you can consider. It is just somehow important to note that when searching for an adoption attorney, note that you are looking for a service, so you should be meticulous enough. Make sure that you are comfortable with the lawyer you are contacting to. Also, before you decide on a particular attorney who handles adoption matters, it is important for you to know first that the right adoption attorney is someone who can discuss with you all the procedures involved in the adoption process and all the laws that govern the concept. He or she should also be able to provide you an unprejudiced explanation of the approaches or methods involved, including the valuable resources. The adoption attorney should be willing to help you create a secure plan that is specifically tailored to your adoption needs.
http://articles.simplysearch4it.com/article/49113.html
Basics of US Patent Law
Author: Kaviraj Singh, Attorney of Trustman & Co – A Law Firm at Delhi India http://www.trustman.org
United States has the most expansive patent subject matter in the world. US Patent Office has granted patents to living organism, computer software, business methods, new alphabets and countless.
Article 1 Section 1 Clause 8 of the US Constitution empowers the congress to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted by the constitution, the US Congress enacted the first patent act in the year 1790. Though the act was amended several times, the most important amendment came about in the year 1952, when congress passed a new patent act codified under Title 35 of the United States Code. Though a few changes were made in 1986, 1996 and 1999, most provisions of the 1952 Act are still in effect.
The US Patent Law is based on the utilitarian reasoning, which is to promote the progress of science and useful arts in general public interest. An inventor gives an invention to the public and gets exclusive rights over it for a limited period of time. By granting exclusive rights to inventors for a limited period of time, the patent law provides incentive to invent, invest, design around and disclose which in turn encourages progress of science and technology.
Requirements for Patentability
To be eligible for a patent, an invention should satisfy the requirements of Patentable subject matter (Sec. 101),
a) Usefulness (Sec. 101)
b) Novelty (Sec. 102)
c) Non-obviousness (Sec. 103)
d) Specification (Sec. 112).
Usefulness - An invention would be eligible for a patent grant only if it is useful (35 USC Sec. 101). The utility of the invention should be current, substantial and credible. Speculative or future uses are not eligible for the patent. But with regard to genetic inventions, showing of future use is generally allowed. Inventions, which have immoral uses, are not accepted to be useful.
Novelty - Novelty means new. An invention in order to be patentable should be new in the light of that exists at the time of conception of the invention. Section 102 gives a non-exhaustive list of circumstance that denies an invention of its newness.
Non-obviousness - An invention to be patentable should not be obvious or known at the time of invention. An invention is obvious, if a single prior art reference or a combination of prior art references as a whole, make the invention obvious to a person with ordinary skill in the art to which the invention belongs. The invention should be obvious at the time of conception of the invention and not at the time of contention of obviousness.
As per the Section 103 - Obviousness of an invention will be decided by determining the scope of the prior art, by finding out the differences between the prior art and the claimed invention and by ascertaining the level of ordinary skill in the art. Secondary Indicia like commercial success, unexpected results, copying, praise of experts, etc. could also be considered for making an obviousness determination.
Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to clearly describe the invention. The specification should conclude with one or more claims particularly pointing out and definitely claiming the subject matter of the invention. The claims define the metes and bounds of the invention claimed by the inventor. The inventor gets rights only over what is defined in the claims.
The basic requirement for patentability is that the invention should fall within the scope of patentable subject matter as defined under Section 101. (35 USC Sec. 101). As per section 101, any new and useful invention or discovery, which is a process, machine, manufacture or composition of matter is patentable. It also includes any new and useful improvements made to an existing invention. An invention generally falls under more than one category.
The courts have construed the terms process, machine, manufacture and compositions of matter very broadly. In Diamond v. Chakrabarty, the United States Supreme Court while upholding the patentability of an oil-eating bacterium stated that everything under the sun made by man is patentable.
Not eligible for Patentability
The statute does not expressly bar any subject matter from patentability, the Courts have held physical phenomenon, abstract ideas and products of nature to be outside the scope of patentability.
An invention is not considered new or novel if the same were on sale for more than a year before the filing date of patent application. Selling the invention for testing deprived it of the novelty. Even making an offer to sell or making a contract of sale for the future is fatal to novelty of the invention and it shall not patented.
An invention is not new if it is known or used by anyone in the United States or printed or published in a foreign country. The use should be publicly accessible use and not secret use.
An invention can not be patented, if the inventor had abandoned the invention to the public. Taking an invention, which has been dedicated to the public out of the public domain, is against the basic objective of patent law.
An invention is not patentable if it has been patented in a foreign country twelve months before the filing date of the present patent application.
Priority date
As per the Section 102 – For ascertaining the priority, the date of conception would be taken into consideration. The inventor who conceived first and was diligent in reducing the invention to practice would be considered as the first inventor. An invention is not patentable if another person before the applicant has invented it. That first inventor should not have abandoned, suppressed or concealed his invention.
About the Author
Mr. Kaviraj Singh formed this Law Firm based at Delhi in India
Kaviraj Singh, Attorney of Trustman & Co – A Law Firm at Delhi India http://www.trustman.org
United States has the most expansive patent subject matter in the world. US Patent Office has granted patents to living organism, computer software, business methods, new alphabets and countless.
Article 1 Section 1 Clause 8 of the US Constitution empowers the congress to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted by the constitution, the US Congress enacted the first patent act in the year 1790. Though the act was amended several times, the most important amendment came about in the year 1952, when congress passed a new patent act codified under Title 35 of the United States Code. Though a few changes were made in 1986, 1996 and 1999, most provisions of the 1952 Act are still in effect.
The US Patent Law is based on the utilitarian reasoning, which is to promote the progress of science and useful arts in general public interest. An inventor gives an invention to the public and gets exclusive rights over it for a limited period of time. By granting exclusive rights to inventors for a limited period of time, the patent law provides incentive to invent, invest, design around and disclose which in turn encourages progress of science and technology.
Requirements for Patentability
To be eligible for a patent, an invention should satisfy the requirements of Patentable subject matter (Sec. 101),
a) Usefulness (Sec. 101)
b) Novelty (Sec. 102)
c) Non-obviousness (Sec. 103)
d) Specification (Sec. 112).
Usefulness - An invention would be eligible for a patent grant only if it is useful (35 USC Sec. 101). The utility of the invention should be current, substantial and credible. Speculative or future uses are not eligible for the patent. But with regard to genetic inventions, showing of future use is generally allowed. Inventions, which have immoral uses, are not accepted to be useful.
Novelty - Novelty means new. An invention in order to be patentable should be new in the light of that exists at the time of conception of the invention. Section 102 gives a non-exhaustive list of circumstance that denies an invention of its newness.
Non-obviousness - An invention to be patentable should not be obvious or known at the time of invention. An invention is obvious, if a single prior art reference or a combination of prior art references as a whole, make the invention obvious to a person with ordinary skill in the art to which the invention belongs. The invention should be obvious at the time of conception of the invention and not at the time of contention of obviousness.
As per the Section 103 - Obviousness of an invention will be decided by determining the scope of the prior art, by finding out the differences between the prior art and the claimed invention and by ascertaining the level of ordinary skill in the art. Secondary Indicia like commercial success, unexpected results, copying, praise of experts, etc. could also be considered for making an obviousness determination.
Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to clearly describe the invention. The specification should conclude with one or more claims particularly pointing out and definitely claiming the subject matter of the invention. The claims define the metes and bounds of the invention claimed by the inventor. The inventor gets rights only over what is defined in the claims.
The basic requirement for patentability is that the invention should fall within the scope of patentable subject matter as defined under Section 101. (35 USC Sec. 101). As per section 101, any new and useful invention or discovery, which is a process, machine, manufacture or composition of matter is patentable. It also includes any new and useful improvements made to an existing invention. An invention generally falls under more than one category.
The courts have construed the terms process, machine, manufacture and compositions of matter very broadly. In Diamond v. Chakrabarty, the United States Supreme Court while upholding the patentability of an oil-eating bacterium stated that everything under the sun made by man is patentable.
Not eligible for Patentability
The statute does not expressly bar any subject matter from patentability, the Courts have held physical phenomenon, abstract ideas and products of nature to be outside the scope of patentability.
An invention is not considered new or novel if the same were on sale for more than a year before the filing date of patent application. Selling the invention for testing deprived it of the novelty. Even making an offer to sell or making a contract of sale for the future is fatal to novelty of the invention and it shall not patented.
An invention is not new if it is known or used by anyone in the United States or printed or published in a foreign country. The use should be publicly accessible use and not secret use.
An invention can not be patented, if the inventor had abandoned the invention to the public. Taking an invention, which has been dedicated to the public out of the public domain, is against the basic objective of patent law.
An invention is not patentable if it has been patented in a foreign country twelve months before the filing date of the present patent application.
Priority date
As per the Section 102 – For ascertaining the priority, the date of conception would be taken into consideration. The inventor who conceived first and was diligent in reducing the invention to practice would be considered as the first inventor. An invention is not patentable if another person before the applicant has invented it. That first inventor should not have abandoned, suppressed or concealed his invention.
About the Author
Mr. Kaviraj Singh formed this Law Firm based at Delhi in India
Kaviraj Singh, Attorney of Trustman & Co – A Law Firm at Delhi India http://www.trustman.org
Basics Of Patent Law India
Patent law has been formulated with an objective to promote and protect the inventions and methods. The object of granting a patent is to encourage and develop science, technology and industry.
A patent can be defined as a grant of exclusive rights to an inventor over his invention for a limited period of time. The exclusive rights conferred include the right to make, use, exercise, sell or distribute the invention in India. The term of a patent is twenty years, after the expiry of which, the invention would fall into the public domain.
History
In 1957, Govt. of India appointed Justice N. Rajagopala Ayyangar examine and review the Patent law in India who submitted his report September 1959 recommending the retention of Patent System despite shortcomings. The Patent Bill, 1965 based mainly on his recommendations incorporating a few changes, in particular relating to Patents for food, drug, medicines, was introduced in the lower house of Parliament on 21st September, 1965. The bill was passed by the Parliament and the Patents Act 1970 came into force on 20th April 1972 along with Patent Rules 1972. This law was suited changed political situation and economic needs for providing impetus technological development by promoting inventive activities in the country.
Uruguay round of GATT negotiations paved the way for WTO. Therefore India was put under the contractual obligation to amend its patents act in compliance with the provisions of TRIPS. India had to meet the first set of requirements on 1- 1-1995. This was to give a pipeline protection till the country starts giving product patent. It came to force on 26th March 1999 retrospective from 1-1-1995. It lays down the provisions for filing of application for product patent in the field of drugs or medicines with effect from 01.01.1995 and grant of Exclusive Marketing Rights on those products.
India amended its Patents Act again in 2002 to meet with the second set of obligations (Term of Patent etc.), which had to be effected from 1-1-2000. This amendment, which provides for 20 years term for the patent, Reversal of burden of proof etc. came into force on 20th May, 2003. The Third Amendment of the Patents Act 1970, by way of the Patents (Amendment) Ordinance 2004 came into force on 1st January, 2005 incorporating the provisions for granting product patent in all fields of Technology including chemicals, food, drugs & agrochemicals and this Ordinance is replaced by the Patents (Amendment) Act 2005 which is in force now having effect from 1-1-2005 .
ESTABLISHMENT OF PATENT ADMINISTRATION IN INDIA
Patent system in India is administered under the superintendence of the Controller General of Patents, Designs, Trademarks and Geographical Indications.
The Office of the Controller General functions under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. There are four patent offices in India. The Head Office is located at Kolkata and other Patent Offices are located at Delhi, Mumbai and Chennai. The Controller General delegates his powers to Sr. Joint Controller, Joint Controllers, Deputy Controllers and Assistant Controllers. Examiners of patents in each office discharge their duties according to the direction of the Controllers.
Hierarchy of Officers in Patent office
Controller General of Patents, Designs, Trademarks & GI
Examiners of Patents & Designs
Assistant Controller of Patents & Designs
Deputy Controller of Patents & Designs
Joint Controller of Patents & Designs
Senior Joint Controller of Patents & Designs
Patentable Inventions:
A patent can be granted for an invention which may be related to any process or product. The word "Invention " has been defined under the Patents Act 1970 as amended from time to time.
"An invention means a new product or process involving an inventive step and capable of industrial application" (S. 2(1)(j))
" new invention" is defined as any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art; Where, Capable of industrial application, in relation to an invention, means that the invention is capable of being made or used in an industry
(S.2 (1)(ac)) Therefore, the criteria for an invention to be patentable are,
(1) An invention must be novel
(2) has an inventive step and
(3) is capable of industrial application
To be patentable, an invention should fall within the scope of patentable subject matter as defined by the patent statute. The invention must relate to a machine, article or substance produced by manufacture, or the process of manufacture of an article. A patent may also be obtained for an improvement of an article or of a process of manufacture. With regard to medicine or drug and certain classes of chemicals no patent is granted for the product itself even if new, only the process of manufacturing the substance is patentable. However, product patents would be available for drugs and food materials from 2005 as India's obligations under the TRIPs Agreement would kick in from that point of time. If any substance falls outside the scope of patentable subject matter, it cannot be patentable.
NOT PATENTABLE INVENTIONS
There are some products and processes, which are not patentable in India They are classified into two categories in the patent act
a) Those which are not inventions (S.3)
b) Invention relating to atomic Energy (S.4)
Various types of non-patentable inventions under Section 3 are as follows-
3(a) An invention which is frivolous or which claims anything obvious contrary to well established natural laws.
Merely making in one piece, articles, previously made in two or more pieces is frivolous. Mere usefulness is not sufficient (Indian vacuum brake co. ltd vs. Laurd (AUR 1962 CAK 152).
Perpetual motion machine alleged to be giving output without any input is not patentable as it is contrary to natural law.
3(b) An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment
3(c) The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature;
3(d) The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
Explanation- For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.
[Note: Before amendment of Section 3 (d) by the Patents (Amendments) Ordinance 2004 it reads as "mere discovery of any new property or new use for a known substance or mere use of a known process, machine or apparatus…"The insertion of the word "mere" before 'new use for a known substance' in this clause by the Patents (Amendment) Ordinance 2004, is for the purpose of drafting clarity only as without it the sub-section would have remained ambiguous. This does not restrict the nonpatentability and give rise to ambiguity and possible misuse. There is no need of giving wider meaning to it.]
3(e) A substance obtained by a mere admixture resulting only in the aggregation of
the properties of the components thereof or a process for producing such substance:
3(f) The mere arrangement or re-arrangement or duplication of known devices each
functioning independently of one another in a known way.
3(h) A method of agriculture or horticulture.
(i) A method of producing a new form of a known plant even if it involved a modification of the conditions under which natural phenomena would pursue their inevitable course is not patentable. (N.V. Philips Gloeiammpenfabrieken's Application 71 RFC 192).
3(i) Any process for the medicinal, surgical, curative, prophylactic diagnostic therapeutic or other treatment of human being or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
Example: Clones and new variety of plants are not patentable. But process / method of preparing Genetically Modified Organisms are patentable subject matter.
3(m) A mere scheme or rule or method of performing mental act or method of playing game;
3(n) A presentation of information
3(o) Topography of integrated circuits;
INVENTIONS RELATING TO ATOMIC ENERGY (S.4)
"No Patent shall be granted in respect of an invention relating to atomic energy falling within subsection (1) of section 20 of the Atomic Energy Act, 1962
Various types of Patent Applications in India
1. Ordinary application
2. Convention application
3. PCT international application
4. PCT National phase application
5. Application for Patent of addition
6. Divisional Application
Procedural requirements
An application for a patent in the prescribed form along with the prescribed fee has to be filed in the appropriate patent office. Examiners of patents scrutinize the application accompanied by a specification so that it satisfies the requirements. After examination, the Patent Office will raise objections and once the applicant convinces the Controller Of Patents will put the specification in the Official Gazette and on its acceptance without any controversy, a patent shall be granted.
A patent grant gives the patentee the exclusive right to make or use the patented article or use the patented process by preventing all others from making or using the patented article or using the patented process. The patentee can assign, grant licenses or deal for consideration.
The patent application passes through the following stages:
FILING
An application for a patent can be filed by the true and first inventor. It can also be filed the by the assignee or legal representative of the inventor. If an application is filed by the assignee, proof of assignment has to be submitted along with the application. The applicant can be national of any country.
Form of Application
Every application shall be accompanied by a provisional or complete specification. Provisional applications are generally filed at a stage where some experimentation is required to perfect the invention.
Filing of a provisional specification allows the applicant to get an early application date.
Provisional Specification shall contain:
a. Title,
b. Written Description,
c. Drawings, if necessary and
d. Sample or model if required.
The complete specification shall contain:
a. Title,
b. Abstract,
c. Written Description,
d. Drawings (where necessary),
e. Sample or Model (if required by the examiner),
f. Enablement and BestMode,
g. Claims and
h. Deposit (Microorganisms)
About the Author
Mr. Kaviraj Singh formed this Law Firm based at Delhi in India , Kaviraj Singh, Attorney of Trustman & Co- A law Firm at Delhi India
http://www.trustman.org, http://delhilaw.firm.in
A patent can be defined as a grant of exclusive rights to an inventor over his invention for a limited period of time. The exclusive rights conferred include the right to make, use, exercise, sell or distribute the invention in India. The term of a patent is twenty years, after the expiry of which, the invention would fall into the public domain.
History
In 1957, Govt. of India appointed Justice N. Rajagopala Ayyangar examine and review the Patent law in India who submitted his report September 1959 recommending the retention of Patent System despite shortcomings. The Patent Bill, 1965 based mainly on his recommendations incorporating a few changes, in particular relating to Patents for food, drug, medicines, was introduced in the lower house of Parliament on 21st September, 1965. The bill was passed by the Parliament and the Patents Act 1970 came into force on 20th April 1972 along with Patent Rules 1972. This law was suited changed political situation and economic needs for providing impetus technological development by promoting inventive activities in the country.
Uruguay round of GATT negotiations paved the way for WTO. Therefore India was put under the contractual obligation to amend its patents act in compliance with the provisions of TRIPS. India had to meet the first set of requirements on 1- 1-1995. This was to give a pipeline protection till the country starts giving product patent. It came to force on 26th March 1999 retrospective from 1-1-1995. It lays down the provisions for filing of application for product patent in the field of drugs or medicines with effect from 01.01.1995 and grant of Exclusive Marketing Rights on those products.
India amended its Patents Act again in 2002 to meet with the second set of obligations (Term of Patent etc.), which had to be effected from 1-1-2000. This amendment, which provides for 20 years term for the patent, Reversal of burden of proof etc. came into force on 20th May, 2003. The Third Amendment of the Patents Act 1970, by way of the Patents (Amendment) Ordinance 2004 came into force on 1st January, 2005 incorporating the provisions for granting product patent in all fields of Technology including chemicals, food, drugs & agrochemicals and this Ordinance is replaced by the Patents (Amendment) Act 2005 which is in force now having effect from 1-1-2005 .
ESTABLISHMENT OF PATENT ADMINISTRATION IN INDIA
Patent system in India is administered under the superintendence of the Controller General of Patents, Designs, Trademarks and Geographical Indications.
The Office of the Controller General functions under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. There are four patent offices in India. The Head Office is located at Kolkata and other Patent Offices are located at Delhi, Mumbai and Chennai. The Controller General delegates his powers to Sr. Joint Controller, Joint Controllers, Deputy Controllers and Assistant Controllers. Examiners of patents in each office discharge their duties according to the direction of the Controllers.
Hierarchy of Officers in Patent office
Controller General of Patents, Designs, Trademarks & GI
Examiners of Patents & Designs
Assistant Controller of Patents & Designs
Deputy Controller of Patents & Designs
Joint Controller of Patents & Designs
Senior Joint Controller of Patents & Designs
Patentable Inventions:
A patent can be granted for an invention which may be related to any process or product. The word "Invention " has been defined under the Patents Act 1970 as amended from time to time.
"An invention means a new product or process involving an inventive step and capable of industrial application" (S. 2(1)(j))
" new invention" is defined as any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art; Where, Capable of industrial application, in relation to an invention, means that the invention is capable of being made or used in an industry
(S.2 (1)(ac)) Therefore, the criteria for an invention to be patentable are,
(1) An invention must be novel
(2) has an inventive step and
(3) is capable of industrial application
To be patentable, an invention should fall within the scope of patentable subject matter as defined by the patent statute. The invention must relate to a machine, article or substance produced by manufacture, or the process of manufacture of an article. A patent may also be obtained for an improvement of an article or of a process of manufacture. With regard to medicine or drug and certain classes of chemicals no patent is granted for the product itself even if new, only the process of manufacturing the substance is patentable. However, product patents would be available for drugs and food materials from 2005 as India's obligations under the TRIPs Agreement would kick in from that point of time. If any substance falls outside the scope of patentable subject matter, it cannot be patentable.
NOT PATENTABLE INVENTIONS
There are some products and processes, which are not patentable in India They are classified into two categories in the patent act
a) Those which are not inventions (S.3)
b) Invention relating to atomic Energy (S.4)
Various types of non-patentable inventions under Section 3 are as follows-
3(a) An invention which is frivolous or which claims anything obvious contrary to well established natural laws.
Merely making in one piece, articles, previously made in two or more pieces is frivolous. Mere usefulness is not sufficient (Indian vacuum brake co. ltd vs. Laurd (AUR 1962 CAK 152).
Perpetual motion machine alleged to be giving output without any input is not patentable as it is contrary to natural law.
3(b) An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment
3(c) The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature;
3(d) The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
Explanation- For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.
[Note: Before amendment of Section 3 (d) by the Patents (Amendments) Ordinance 2004 it reads as "mere discovery of any new property or new use for a known substance or mere use of a known process, machine or apparatus…"The insertion of the word "mere" before 'new use for a known substance' in this clause by the Patents (Amendment) Ordinance 2004, is for the purpose of drafting clarity only as without it the sub-section would have remained ambiguous. This does not restrict the nonpatentability and give rise to ambiguity and possible misuse. There is no need of giving wider meaning to it.]
3(e) A substance obtained by a mere admixture resulting only in the aggregation of
the properties of the components thereof or a process for producing such substance:
3(f) The mere arrangement or re-arrangement or duplication of known devices each
functioning independently of one another in a known way.
3(h) A method of agriculture or horticulture.
(i) A method of producing a new form of a known plant even if it involved a modification of the conditions under which natural phenomena would pursue their inevitable course is not patentable. (N.V. Philips Gloeiammpenfabrieken's Application 71 RFC 192).
3(i) Any process for the medicinal, surgical, curative, prophylactic diagnostic therapeutic or other treatment of human being or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
Example: Clones and new variety of plants are not patentable. But process / method of preparing Genetically Modified Organisms are patentable subject matter.
3(m) A mere scheme or rule or method of performing mental act or method of playing game;
3(n) A presentation of information
3(o) Topography of integrated circuits;
INVENTIONS RELATING TO ATOMIC ENERGY (S.4)
"No Patent shall be granted in respect of an invention relating to atomic energy falling within subsection (1) of section 20 of the Atomic Energy Act, 1962
Various types of Patent Applications in India
1. Ordinary application
2. Convention application
3. PCT international application
4. PCT National phase application
5. Application for Patent of addition
6. Divisional Application
Procedural requirements
An application for a patent in the prescribed form along with the prescribed fee has to be filed in the appropriate patent office. Examiners of patents scrutinize the application accompanied by a specification so that it satisfies the requirements. After examination, the Patent Office will raise objections and once the applicant convinces the Controller Of Patents will put the specification in the Official Gazette and on its acceptance without any controversy, a patent shall be granted.
A patent grant gives the patentee the exclusive right to make or use the patented article or use the patented process by preventing all others from making or using the patented article or using the patented process. The patentee can assign, grant licenses or deal for consideration.
The patent application passes through the following stages:
FILING
An application for a patent can be filed by the true and first inventor. It can also be filed the by the assignee or legal representative of the inventor. If an application is filed by the assignee, proof of assignment has to be submitted along with the application. The applicant can be national of any country.
Form of Application
Every application shall be accompanied by a provisional or complete specification. Provisional applications are generally filed at a stage where some experimentation is required to perfect the invention.
Filing of a provisional specification allows the applicant to get an early application date.
Provisional Specification shall contain:
a. Title,
b. Written Description,
c. Drawings, if necessary and
d. Sample or model if required.
The complete specification shall contain:
a. Title,
b. Abstract,
c. Written Description,
d. Drawings (where necessary),
e. Sample or Model (if required by the examiner),
f. Enablement and BestMode,
g. Claims and
h. Deposit (Microorganisms)
About the Author
Mr. Kaviraj Singh formed this Law Firm based at Delhi in India , Kaviraj Singh, Attorney of Trustman & Co- A law Firm at Delhi India
http://www.trustman.org, http://delhilaw.firm.in
Identity Theft - You Can Prevent It
By now everybody has heard of some horror story about identity theft from TV shows or magazine articles. In the popular culture, references of identity theft are found in the novels and movies, notably Frederick Forsyth's novel, "The day of the Jackal" and the 1995 movie "The Net." In real life, the Identity Theft Resource Center (http://www.idtheftcenter.org) reports 8.9 millions identity theft victims in 2006.
So, what is an identity theft? An identity theft occurs when somebody steals vital pieces of personal information, e.g. your social security, credit card numbers, etc. and uses that information for financial gains by taking your identity. The most common form of identity theft involves credit card and mortgage frauds. But it can also be used for vicious crimes like drug dealings, terrorism, etc.
You may be surprised to know that many minor identity thefts are committed by someone you know. So, don't make it an easy job for a person to steal your personal information from your wallet, checkbook, etc. Avoid leaving things containing your personal information lying around for others to have an easy access to that information.
Shred, shred, shred. Buy a cheap paper shredder from an office supply store and shred all your paid bills, used check books, etc. before tossing those into the trash. Put aside 30 minutes every Saturday morning for shredding anything that contained your personal information and you intend to trash. Make it a habit.
Never give out your personal information like your social security number; birth date etc. over the phone when the call you received is unsolicited. Your financial institutions have those information and they will not ask you for that. Sometimes, for verification purposes, they make ask you the last four digits of your social security number.
Don't pay to get anybody to get a copy of your credit report. Because of a congressional mandate, all three-credit report bureaus will give you a copy of your credit report for free every year. Go to AnnualCreditreport.com to obtain your free credit report every year from TransUnion, Equifax, and Experian. While obtaining your free credit report, these bureaus will push some paid services. Just ignore those.
Don't get your free credit reports from the three bureaus all at the same time. Then you have to wait one year before you can get your reports again for free. In the mean time, some unwanted stuff may show up in your report. Get your free report every four months from each bureau. If you are using a PDA, password protect it to prevent others from accessing it.
Phishing is a popular method to steal sensitive information for identity theft purposes. Don't be a phishing victim. Avoid clicking on any link that comes to your way through e-mails or IM. The e-mail will disguise itself coming from your financial institutions (your bank or PayPal accounts) and will urge you to click a link to verify your accounts or resort to such other tricks. Sometimes, it can be outright threatening. If you click the link you will end up in the thief's website. And if you enter your user name and password, the thief will have enough information to log into your actual account.
Open online accounts for all your credit cards and financial accounts. Online accounts are not only convenient for faster bill paying, paperless transactions, etc.; they also help monitor your accounts frequently, instead of waiting for the monthly bill or statement to arrive. Monitor your accounts online every week and if you see any suspicious charges, checks, etc., call you banks immediately. Also setup e-mail based account alerts, if available, to alert you when charges are made to your accounts.
If possible, avoid putting your outgoing mails containing bills and checks in your mailboxes for easy access by a thief. Drop them in mailboxes located in the post office or street corners. Better yet, setup online bill payment with your bank and avoid the snail mail for bill paying.
You also need to keep your computer safe. Thieves can get into computers through spyware and unsecured wireless or network connections. Use anti-spyware programs and turn on your Windows default personal firewall program. To prevent viruses infecting your computer, use an anti-virus program. Setup accounts for each user of your computer and ask them to use strong passwords that include a combination of letters and numbers.
Another way to prevent anybody, including you, from opening any credit in your name is to freeze your credit. This option is not available in all states. If it is available in your state and you opt for this option, you need to lift the block before you allow anybody, e.g. an employer for a new job, creditor for a car loan, etc., to access your credit information. Though it is almost like a foolproof system to prevent identity theft, it is the also the most inconvenient method.
About the Author
Dr. Deepak Dutta is the creator of http://www.semanticbay.com - an interactive social network website based on user shared text and picture contents on any topics. His other website http://www.classifiedsforfree.com - is one of the oldest online classifieds site where users can post ads in more than 600 US cities and 60 countries.
So, what is an identity theft? An identity theft occurs when somebody steals vital pieces of personal information, e.g. your social security, credit card numbers, etc. and uses that information for financial gains by taking your identity. The most common form of identity theft involves credit card and mortgage frauds. But it can also be used for vicious crimes like drug dealings, terrorism, etc.
You may be surprised to know that many minor identity thefts are committed by someone you know. So, don't make it an easy job for a person to steal your personal information from your wallet, checkbook, etc. Avoid leaving things containing your personal information lying around for others to have an easy access to that information.
Shred, shred, shred. Buy a cheap paper shredder from an office supply store and shred all your paid bills, used check books, etc. before tossing those into the trash. Put aside 30 minutes every Saturday morning for shredding anything that contained your personal information and you intend to trash. Make it a habit.
Never give out your personal information like your social security number; birth date etc. over the phone when the call you received is unsolicited. Your financial institutions have those information and they will not ask you for that. Sometimes, for verification purposes, they make ask you the last four digits of your social security number.
Don't pay to get anybody to get a copy of your credit report. Because of a congressional mandate, all three-credit report bureaus will give you a copy of your credit report for free every year. Go to AnnualCreditreport.com to obtain your free credit report every year from TransUnion, Equifax, and Experian. While obtaining your free credit report, these bureaus will push some paid services. Just ignore those.
Don't get your free credit reports from the three bureaus all at the same time. Then you have to wait one year before you can get your reports again for free. In the mean time, some unwanted stuff may show up in your report. Get your free report every four months from each bureau. If you are using a PDA, password protect it to prevent others from accessing it.
Phishing is a popular method to steal sensitive information for identity theft purposes. Don't be a phishing victim. Avoid clicking on any link that comes to your way through e-mails or IM. The e-mail will disguise itself coming from your financial institutions (your bank or PayPal accounts) and will urge you to click a link to verify your accounts or resort to such other tricks. Sometimes, it can be outright threatening. If you click the link you will end up in the thief's website. And if you enter your user name and password, the thief will have enough information to log into your actual account.
Open online accounts for all your credit cards and financial accounts. Online accounts are not only convenient for faster bill paying, paperless transactions, etc.; they also help monitor your accounts frequently, instead of waiting for the monthly bill or statement to arrive. Monitor your accounts online every week and if you see any suspicious charges, checks, etc., call you banks immediately. Also setup e-mail based account alerts, if available, to alert you when charges are made to your accounts.
If possible, avoid putting your outgoing mails containing bills and checks in your mailboxes for easy access by a thief. Drop them in mailboxes located in the post office or street corners. Better yet, setup online bill payment with your bank and avoid the snail mail for bill paying.
You also need to keep your computer safe. Thieves can get into computers through spyware and unsecured wireless or network connections. Use anti-spyware programs and turn on your Windows default personal firewall program. To prevent viruses infecting your computer, use an anti-virus program. Setup accounts for each user of your computer and ask them to use strong passwords that include a combination of letters and numbers.
Another way to prevent anybody, including you, from opening any credit in your name is to freeze your credit. This option is not available in all states. If it is available in your state and you opt for this option, you need to lift the block before you allow anybody, e.g. an employer for a new job, creditor for a car loan, etc., to access your credit information. Though it is almost like a foolproof system to prevent identity theft, it is the also the most inconvenient method.
About the Author
Dr. Deepak Dutta is the creator of http://www.semanticbay.com - an interactive social network website based on user shared text and picture contents on any topics. His other website http://www.classifiedsforfree.com - is one of the oldest online classifieds site where users can post ads in more than 600 US cities and 60 countries.
How to Legally File a Child Name Change
About one million children are affected by divorces in the U.S. every single year. Also, 25% of children in the U.S. are born out of wedlock. Its easy to see why many people want to change their child's last name. Not to long ago courts ruled that a father had a right to have his child's last name kept the same as his long as he continued to act as a parent to the child. Now-a-days courts usually weigh these facts: how long the child's had their father's last name; how strong the relationship is with the mother and child and vice versa; and if the name change is necessary to be identified as part of the mother's or the father's family. There has been cases where one of the parents doesn't show up in court, and therefore the judge will rule in the other parent's favor. Sometimes the courts will rule what they feel is in the best interest of the child.
Some U.S. state courts have adopted simplified child name change forms, these forms can also be found in child name change kits on many sites where you can download printable legal forms, these sites are made for do-it-yourselfers and are usually inexpensive (under $15). States that have not created simplified forms will still allow you to file a formal name change case, but the forms will have to be obtained from a legal forms business.
Even after you successfully change your child's last name their birth certificate will remain the same, this is because they want some way to identify the father of the child. Child name changes do not interfere with child support, the times or schedules for visiting, and most obvious it does not interfere with your legal parental responsibilities your child is entitled to by law.
About the Author
This article was brought to you by http://legalformsbank.biz where you can find your state's Child Name Change Form. We make doing a Legal Name Change affordable. I'm confident that we have the most affordable and up-to-date Name Change Kit you'll find on the net today. http://legalformsbank.biz/namechange.asp
Some U.S. state courts have adopted simplified child name change forms, these forms can also be found in child name change kits on many sites where you can download printable legal forms, these sites are made for do-it-yourselfers and are usually inexpensive (under $15). States that have not created simplified forms will still allow you to file a formal name change case, but the forms will have to be obtained from a legal forms business.
Even after you successfully change your child's last name their birth certificate will remain the same, this is because they want some way to identify the father of the child. Child name changes do not interfere with child support, the times or schedules for visiting, and most obvious it does not interfere with your legal parental responsibilities your child is entitled to by law.
About the Author
This article was brought to you by http://legalformsbank.biz where you can find your state's Child Name Change Form. We make doing a Legal Name Change affordable. I'm confident that we have the most affordable and up-to-date Name Change Kit you'll find on the net today. http://legalformsbank.biz/namechange.asp
Personal Injury Compensation Claim
Many people suffer personal injuries caused by accidents due to the negligence of a third party. Every year, over three million people suffer physical or psychological injuries due to accidents. Accident hits you hard not only physically but also financially. If the accident is caused by fault of another person or party, it is your right to make a personal injury compensation claim.
Personal injury compensation claims are made to recover compensation for your injuries and expenses incurred in treatment of your injury and loss of earnings.
However, you should remember that all cases of personal injury compensation are not won. Sometimes you may end up losing the case due lack of evidence and weak arguments. So before making your personal injury compensation claim, you need professional help from solicitors who can guide you.
Comp Claim specialize in personal injury compensation claims. To ensure you recover the compensation you deserve contact Compclaim.You can be guaranteed 100 % of your damages. We work on a no win no fee and you will never be asked to pay a penny. Our services are 100 % free of charge. We provide advice and assistance to enable you to obtain your personal injury compensation.
Firstly, we will advise you on your case and give you an honest assessment of whether you a case or not and the strength of your case. Secondly, we will ensure that your claim is started immediately
Compclaim has a panel of personal injury lawyers who can guide and assist you with your personal injury compensation claim. Our personal injury Solicitors are experienced professionals who specialize in personal injury law. They deal with injury caused due to road accidents, medical negligence, and accidents at work, medical negligence and industrial disease claims.
With a deep understanding of your pain and mental agony, Compclaims Solicitors talk to you in plain English and guide you through the whole claim process from day one till the end of your case. Our personal injury Solicitors are all members of the Law Society and will always keep you updated on the progress of your case
Our Solicitors have recovered thousands of pounds in compensation for our clients and if you win your case, no deduction will be made from your personal injury compensation. If you lose your case, we will not charge you a penny.
For a completely no obligation assessment of your case and to start your claim
Visit www.compclaim.co.uk and fill out the accident details form and submit it online.
Article Source: http://articles.simplysearch4it.com/author-articles/9636/1.html
Personal injury compensation claims are made to recover compensation for your injuries and expenses incurred in treatment of your injury and loss of earnings.
However, you should remember that all cases of personal injury compensation are not won. Sometimes you may end up losing the case due lack of evidence and weak arguments. So before making your personal injury compensation claim, you need professional help from solicitors who can guide you.
Comp Claim specialize in personal injury compensation claims. To ensure you recover the compensation you deserve contact Compclaim.You can be guaranteed 100 % of your damages. We work on a no win no fee and you will never be asked to pay a penny. Our services are 100 % free of charge. We provide advice and assistance to enable you to obtain your personal injury compensation.
Firstly, we will advise you on your case and give you an honest assessment of whether you a case or not and the strength of your case. Secondly, we will ensure that your claim is started immediately
Compclaim has a panel of personal injury lawyers who can guide and assist you with your personal injury compensation claim. Our personal injury Solicitors are experienced professionals who specialize in personal injury law. They deal with injury caused due to road accidents, medical negligence, and accidents at work, medical negligence and industrial disease claims.
With a deep understanding of your pain and mental agony, Compclaims Solicitors talk to you in plain English and guide you through the whole claim process from day one till the end of your case. Our personal injury Solicitors are all members of the Law Society and will always keep you updated on the progress of your case
Our Solicitors have recovered thousands of pounds in compensation for our clients and if you win your case, no deduction will be made from your personal injury compensation. If you lose your case, we will not charge you a penny.
For a completely no obligation assessment of your case and to start your claim
Visit www.compclaim.co.uk and fill out the accident details form and submit it online.
Article Source: http://articles.simplysearch4it.com/author-articles/9636/1.html
Personal injury lawyer can help settle your claims
Injury can happen to anyone at any time. However if the injury is caused due to negligence on the part of some other person, you can get a compensation as settlement. A person can get injured in different ways, but if the injury has been caused due to neglect one must not forgo the compensation, which is due. Personal injury can be a traumatic experience for both the victim and his/ her family, and most of the time you will find that the person who caused the injury is not willing to the compensation money. It is in such a situation that you need to hire a person injury lawyer. A personal injury lawyer is a qualified professional who can help you in claiming the money that you can get through compensation. A personal lawyer, who is experienced, can handle your case successfully.
Finding out about personal injury lawyers in your city is not a tough task. There are a variety of sources which can aid you in finding out a good injury lawyer in your city. The local yellow pages are a great and reliable source for you. The web is another option which you can explore. Most law firms and lawyers have a web presence, and through that you can fix up an appointment. If you put up your request in their site, professionals working for them will get in touch with you to set up the appointment for you with the personal injury lawyer. You can also talk with friends and family if anyone of them any prior experiences of dealing with personal injury lawyer.
Before hiring the services of a Personal injury lawyer, you must know that there are lawyers who specialize in handling specific injuries. It is just like a doctor who has the expertise in treating certain conditions of the body and not all conditions. So you can find personal injury lawyers who deal with accidents, brain injuries, burns and construction injuries among several others. Make sure that you hire a local lawyer; in fact it will be the best bet for you. You will surely not like to spend huge amount of money visiting the lawyer who may be from out of town. In the entire process can be very stressful for you as you will have to constantly deal with your lawyer and the lawyer of the opposing party as well. So be ready beforehand to deal with all this.
You will be very fortunate if your case is solved early. Mostly, if the case if not of a complex nature, it can be settled early and easily as well. It has been seen that most of the personal injury cases, do not make it to the court. Rather, personal injury lawyers from both the side make an out of court settlement. Only if an agreement cannot be made outside the court, do both parties approach the court for its intervention. At the most a case can take up to one and a half year for settlement. If you have hired an experienced personal injury lawyer, you do not need to worry about anything.
About the Author
Hadiya Robins is a legal expert.She works for Pulversthompson and gives advice to clients who are looking for New york lawyer,Personal injury lawyer,Attorney Immigration New York.For legal advice and to get services of a Lawyer in New York visit www.pulversthompson.com
Finding out about personal injury lawyers in your city is not a tough task. There are a variety of sources which can aid you in finding out a good injury lawyer in your city. The local yellow pages are a great and reliable source for you. The web is another option which you can explore. Most law firms and lawyers have a web presence, and through that you can fix up an appointment. If you put up your request in their site, professionals working for them will get in touch with you to set up the appointment for you with the personal injury lawyer. You can also talk with friends and family if anyone of them any prior experiences of dealing with personal injury lawyer.
Before hiring the services of a Personal injury lawyer, you must know that there are lawyers who specialize in handling specific injuries. It is just like a doctor who has the expertise in treating certain conditions of the body and not all conditions. So you can find personal injury lawyers who deal with accidents, brain injuries, burns and construction injuries among several others. Make sure that you hire a local lawyer; in fact it will be the best bet for you. You will surely not like to spend huge amount of money visiting the lawyer who may be from out of town. In the entire process can be very stressful for you as you will have to constantly deal with your lawyer and the lawyer of the opposing party as well. So be ready beforehand to deal with all this.
You will be very fortunate if your case is solved early. Mostly, if the case if not of a complex nature, it can be settled early and easily as well. It has been seen that most of the personal injury cases, do not make it to the court. Rather, personal injury lawyers from both the side make an out of court settlement. Only if an agreement cannot be made outside the court, do both parties approach the court for its intervention. At the most a case can take up to one and a half year for settlement. If you have hired an experienced personal injury lawyer, you do not need to worry about anything.
About the Author
Hadiya Robins is a legal expert.She works for Pulversthompson and gives advice to clients who are looking for New york lawyer,Personal injury lawyer,Attorney Immigration New York.For legal advice and to get services of a Lawyer in New York visit www.pulversthompson.com
Lemon Law Texas Explained To The Layman
As a vehicle owner, it would be wise to know more about the Lemon Law Texas, which is a piece of legislation designed to protect your rights of purchasing a fully functioning vehicle.
Lemon Law Texas covers all vehicles, from motorbikes to mobile homes, as long as you purchased them new from the manufacturer. Lemon Law Texas does not include coverage of used or second-hand motor vehicles, or repossessed vehicles of any kind.
If you have purchased a defective car, Lemon Law Texas requires the manufacturer to immediately take a look at the faulty vehicle and make necessary repairs. For minor problems, Lemon Law Texas gives the manufacturer 4 chances to fix the car. For more critical problems, like those involving the brakes or steering, Lemon Law Texas will only grant the car manufacturer 2 opportunities to fix the damage.
All these repairs must be completed within a year from the original date of purchase, or 12,000 miles, whichever comes first, according the Lemon Law Texas. When the manufacturer has unsuccessfully tried to repair the defects and the time period has elapsed, the Lemon Law Texas allows the consumer to demand a refund.
This is good for the consumer, but Lemon Law Texas does not take unnecessary advantage of the manufacturer. Lemon Law Texas does grant a refund, but it will be adjusted according to the owner's car usage. So if you have used the car heavily since you bought it, Lemon Law Texas will still give you benefits - but do not expect a full refund.
Although the Lemon Law Texas is strict in this manner, it does grant you reimbursements in other ways. Lemon Law Texas will qualify you for refunds of all expenses incurred for repairs of the vehicle. Lemon Law Texas also ensures that you will be repaid for any towing services or rental car expenses that you had when the defective car was not in the garage for repairs.
These are all great benefits to the consumer, but in order to avail of them, Lemon Law Texas states that you have to abide by certain conditions as well.
1. At the time you bought the vehicle, it has to be new. Used or repossessed vehicles are not qualified under Lemon Law Texas.
2. All repairs done to the vehicle from the date of purchase must have been done in an authorized service center. Lemon Law Texas will not work for you if you had your car repaired by unauthorized shops.
3. Lemon Law Texas will not cover defects that came from the owner's negligence or misuse of the vehicle. Lemon Law Texas will also not cover defects resulting from the owner's alteration of certain parts of the vehicle.
4. You must keep all your paperwork in order. This includes your written claims, receipts, estimates and all other documents pertaining to the defective vehicle. Missing documents may hinder you from benefiting from Lemon Law Texas.
When you have followed all these conditions, then there is no need to worry. Lemon Law Texas will ensure that you will get the claims that you deserve. There are some car manufacturers, however, that will not cooperate even when faced with litigation under the Lemon Law Texas.
In this case, you might need the services of an attorney to help you in the proceedings of filing complaints and other processes as required by Lemon Law Texas.
http://www.articledashboard.com/Article/Lemon-Law-Texas-Explained-To-The-Layman/275895
Lemon Law Texas covers all vehicles, from motorbikes to mobile homes, as long as you purchased them new from the manufacturer. Lemon Law Texas does not include coverage of used or second-hand motor vehicles, or repossessed vehicles of any kind.
If you have purchased a defective car, Lemon Law Texas requires the manufacturer to immediately take a look at the faulty vehicle and make necessary repairs. For minor problems, Lemon Law Texas gives the manufacturer 4 chances to fix the car. For more critical problems, like those involving the brakes or steering, Lemon Law Texas will only grant the car manufacturer 2 opportunities to fix the damage.
All these repairs must be completed within a year from the original date of purchase, or 12,000 miles, whichever comes first, according the Lemon Law Texas. When the manufacturer has unsuccessfully tried to repair the defects and the time period has elapsed, the Lemon Law Texas allows the consumer to demand a refund.
This is good for the consumer, but Lemon Law Texas does not take unnecessary advantage of the manufacturer. Lemon Law Texas does grant a refund, but it will be adjusted according to the owner's car usage. So if you have used the car heavily since you bought it, Lemon Law Texas will still give you benefits - but do not expect a full refund.
Although the Lemon Law Texas is strict in this manner, it does grant you reimbursements in other ways. Lemon Law Texas will qualify you for refunds of all expenses incurred for repairs of the vehicle. Lemon Law Texas also ensures that you will be repaid for any towing services or rental car expenses that you had when the defective car was not in the garage for repairs.
These are all great benefits to the consumer, but in order to avail of them, Lemon Law Texas states that you have to abide by certain conditions as well.
1. At the time you bought the vehicle, it has to be new. Used or repossessed vehicles are not qualified under Lemon Law Texas.
2. All repairs done to the vehicle from the date of purchase must have been done in an authorized service center. Lemon Law Texas will not work for you if you had your car repaired by unauthorized shops.
3. Lemon Law Texas will not cover defects that came from the owner's negligence or misuse of the vehicle. Lemon Law Texas will also not cover defects resulting from the owner's alteration of certain parts of the vehicle.
4. You must keep all your paperwork in order. This includes your written claims, receipts, estimates and all other documents pertaining to the defective vehicle. Missing documents may hinder you from benefiting from Lemon Law Texas.
When you have followed all these conditions, then there is no need to worry. Lemon Law Texas will ensure that you will get the claims that you deserve. There are some car manufacturers, however, that will not cooperate even when faced with litigation under the Lemon Law Texas.
In this case, you might need the services of an attorney to help you in the proceedings of filing complaints and other processes as required by Lemon Law Texas.
http://www.articledashboard.com/Article/Lemon-Law-Texas-Explained-To-The-Layman/275895
Consult A Divorce Lawyer Nyc When Faced With Impending Divorce
We start a new life, project or partnership with the hope that it will turn out to be a lifelong event that will reap positive results for us. However fate at times plays cruel tricks on us by upturning our plans. In personal relationships, a broken marriage is one such calamity that might befall a couple in spite of their best intentions. When a couple goes in for a divorce to end their marriage it can be a emotionally and physically straining time for all involved. In these circumstances it is always advisable to seek the guidance of an expert like a divorce lawyer NYC. The divorce lawyer has sufficient experience in dealing with the sensitive issues that crop up in a divorce case and handle them competently.
Many legal loopholes can crop up when handling a divorce case and issues like alimony and child custody can involve much emotional and financial strain on the couple going their separate ways. A divorce lawyer NYC is trained to deal with these issues in order to come out with the best possible solution and legal deal for his client. The past record of the divorce lawyer NYC that one chooses to hire is also of crucial importance. A success record of getting the best outcome for his client induces much greater confidence in the divorce lawyer NYC. A reference from someone known to you could also have a positive effect on your choice of divorce lawyer NYC or for that matter in any other state.
It is always advisable to seek counsel from a divorce lawyer NYC as different states may have different rules and regulations for the divorce proceedings. It is not possible for a client to be aware of these legal intricacies when he or she is filing for divorce. Consulting a divorce lawyer NYC will enable the client to get acquainted with the options available to him when he is suing for divorce. Also a divorce can get complicated depending on the circumstances under which the couple has decided to part ways. An amicable agreement to go separate ways is much less cumbersome rather than a case where the couple is engaged in a cold war with each other.
When a couple is going in for divorce the maximum emotional trauma is perhaps faced by the children, if any, as they now need to select one parent over the other. Hiring a divorce lawyer NYC will ease out the situation from a legal point of view as the client can have strong support in ensuring a judgment that gives him custody of the child. Similarly when financial deals need to be negotiated between the couple who is filing for divorce, the situation can get messy. Having the support and guidance of a divorce lawyer NYC can help you take decisions with a rational viewpoint rather than an emotional one. Hence when life gives you a raw deal, it is up to you to make the best use of available resources to emerge as a winner under any circumstances. Hiring a divorce lawyer NYC is one such practical decision that will help you overcome some aspects of a divorce as well and begin life anew.
http://www.articledashboard.com/Article/Consult-a-divorce-lawyer-NYC-when-faced-with-impending-divorce/277012
Many legal loopholes can crop up when handling a divorce case and issues like alimony and child custody can involve much emotional and financial strain on the couple going their separate ways. A divorce lawyer NYC is trained to deal with these issues in order to come out with the best possible solution and legal deal for his client. The past record of the divorce lawyer NYC that one chooses to hire is also of crucial importance. A success record of getting the best outcome for his client induces much greater confidence in the divorce lawyer NYC. A reference from someone known to you could also have a positive effect on your choice of divorce lawyer NYC or for that matter in any other state.
It is always advisable to seek counsel from a divorce lawyer NYC as different states may have different rules and regulations for the divorce proceedings. It is not possible for a client to be aware of these legal intricacies when he or she is filing for divorce. Consulting a divorce lawyer NYC will enable the client to get acquainted with the options available to him when he is suing for divorce. Also a divorce can get complicated depending on the circumstances under which the couple has decided to part ways. An amicable agreement to go separate ways is much less cumbersome rather than a case where the couple is engaged in a cold war with each other.
When a couple is going in for divorce the maximum emotional trauma is perhaps faced by the children, if any, as they now need to select one parent over the other. Hiring a divorce lawyer NYC will ease out the situation from a legal point of view as the client can have strong support in ensuring a judgment that gives him custody of the child. Similarly when financial deals need to be negotiated between the couple who is filing for divorce, the situation can get messy. Having the support and guidance of a divorce lawyer NYC can help you take decisions with a rational viewpoint rather than an emotional one. Hence when life gives you a raw deal, it is up to you to make the best use of available resources to emerge as a winner under any circumstances. Hiring a divorce lawyer NYC is one such practical decision that will help you overcome some aspects of a divorce as well and begin life anew.
http://www.articledashboard.com/Article/Consult-a-divorce-lawyer-NYC-when-faced-with-impending-divorce/277012
The Best Way To Keep Points Off Your Driving Record
Every day you see some unlucky person pulled over on a street or freeway being given a speeding ticket or some other kind of moving violation. When it happens to a truck driver there are even more serious consequences because they can lose their license if they have enough, even minor, Department of Transportation violations. It is no secret that a lot of communities use ticketing as a revenue enhancement activity to add to the local coffers.
In many places, since 9/11, there has been an increased police presence in order to detect potential terrorist activity or in some areas to catch illegal aliens. But let's face it, most cities are faced with budget deficits and in these tough economic times traffic tickets are an easy form of taxation to balance the books. The reality is that in many communities when the police see an out of state driver, they can pretty much count on the uncontested fine being paid because the tourist isn't coming back to fight it.
The cost of hiring and training a traffic officer is approximately $75,000 per year but he or she can issue between $150,000 to $200,000 in citations. How many businesses can equal that rate of return? There are many towns like New Rome, Ohio and Waldo, Florida where over 70% of their entire operating budget comes from the fines generated by moving violations.
You may be thinking, "How does this affect me? I am a good driver and I hardly ever get tickets." Just because you haven't done anything wrong doesn't mean you won't see those dreaded blue lights flashing in your rear view mirror. If that does happen you need to know that the true cost of a moving violation has drastically changed in the last few years.
As examples of the effects of receiving tickets let's look at some real world examples. Mary is a busy sales representative who has a company car. She travels extensively and has received four speeding tickets in the last three years. She considers herself a safe driver and in each instance was traveling with the flow of traffic on the freeway. She has 9 out of the 12 points on her driver's license. Mary was shocked when her employer's insurance carrier refused to allow her to drive a company car. The company obtained supplemental insurance but Mary had to pay the extra $1600.
Our next victim is Jeffrey, a CDL truck driver from Ohio who is an independent operator and owns his own truck. He drives 150,000 miles per year and has five tickets on his record, none a serious violation. He can't get affordable insurance so he is in the process of losing his truck to the finance company and doesn't know how he will support his family.
Families with teenagers may face an economic disaster if the teen driver receives a citation. One traffic ticket for rolling through a stop sign could cost as much as $3000 in increased premiums over the three years it remains on their record. The insurance industry considers young adults as teenagers until the age of 23.
Relating Mary and Jeffrey's stories is not about you feeling sorry for them, it is to impress upon you the severe consequences that can come from receiving a traffic ticket. Obviously you need to obey all traffic laws, not just to protect your physical safety but to protect your wallet. But how often are drivers following the laws but are just in the wrong place at the wrong time and are going to be used to help balance the local budget? It is happening more and more often and you or someone in your family could be next.
What should you do if you receive a citation? Never just pay a ticket. Check with the clerk of the court to see if you are eligible for traffic school, even if it is an out-of-state citation. Many localities accept online traffic school. Check to see if this is available in your state at http://www.trafficschoolonline.com/?lcode=4013
If traffic school is not available then you or your attorney need to appear in court to contest the speeding ticket. Hiring an attorney may be your most cost effective option when you consider the additional cost of your insurance. Check with your insurance agent to find out the consequences of the original charge being entered on your driving record.
The American Bar Association says: "The best way for the majority of Americans to be able to assure themselves of legal assistance when they need it... is through a prepaid legal plan." Legal insurance works for your legal bills the same way medical insurance works for your medical expenses. Some things are covered for no extra cost and others are available for a discount. When I saw how this insurance worked in July of 2006, I immediately got it for my family and am very impressed at how it delivers liberty and justice for all and not just for those who can afford it.
http://www.activeauthors.com/Article/The-Best-Way-To-Keep-Points-Off-Your-Driving-Record/3690
In many places, since 9/11, there has been an increased police presence in order to detect potential terrorist activity or in some areas to catch illegal aliens. But let's face it, most cities are faced with budget deficits and in these tough economic times traffic tickets are an easy form of taxation to balance the books. The reality is that in many communities when the police see an out of state driver, they can pretty much count on the uncontested fine being paid because the tourist isn't coming back to fight it.
The cost of hiring and training a traffic officer is approximately $75,000 per year but he or she can issue between $150,000 to $200,000 in citations. How many businesses can equal that rate of return? There are many towns like New Rome, Ohio and Waldo, Florida where over 70% of their entire operating budget comes from the fines generated by moving violations.
You may be thinking, "How does this affect me? I am a good driver and I hardly ever get tickets." Just because you haven't done anything wrong doesn't mean you won't see those dreaded blue lights flashing in your rear view mirror. If that does happen you need to know that the true cost of a moving violation has drastically changed in the last few years.
As examples of the effects of receiving tickets let's look at some real world examples. Mary is a busy sales representative who has a company car. She travels extensively and has received four speeding tickets in the last three years. She considers herself a safe driver and in each instance was traveling with the flow of traffic on the freeway. She has 9 out of the 12 points on her driver's license. Mary was shocked when her employer's insurance carrier refused to allow her to drive a company car. The company obtained supplemental insurance but Mary had to pay the extra $1600.
Our next victim is Jeffrey, a CDL truck driver from Ohio who is an independent operator and owns his own truck. He drives 150,000 miles per year and has five tickets on his record, none a serious violation. He can't get affordable insurance so he is in the process of losing his truck to the finance company and doesn't know how he will support his family.
Families with teenagers may face an economic disaster if the teen driver receives a citation. One traffic ticket for rolling through a stop sign could cost as much as $3000 in increased premiums over the three years it remains on their record. The insurance industry considers young adults as teenagers until the age of 23.
Relating Mary and Jeffrey's stories is not about you feeling sorry for them, it is to impress upon you the severe consequences that can come from receiving a traffic ticket. Obviously you need to obey all traffic laws, not just to protect your physical safety but to protect your wallet. But how often are drivers following the laws but are just in the wrong place at the wrong time and are going to be used to help balance the local budget? It is happening more and more often and you or someone in your family could be next.
What should you do if you receive a citation? Never just pay a ticket. Check with the clerk of the court to see if you are eligible for traffic school, even if it is an out-of-state citation. Many localities accept online traffic school. Check to see if this is available in your state at http://www.trafficschoolonline.com/?lcode=4013
If traffic school is not available then you or your attorney need to appear in court to contest the speeding ticket. Hiring an attorney may be your most cost effective option when you consider the additional cost of your insurance. Check with your insurance agent to find out the consequences of the original charge being entered on your driving record.
The American Bar Association says: "The best way for the majority of Americans to be able to assure themselves of legal assistance when they need it... is through a prepaid legal plan." Legal insurance works for your legal bills the same way medical insurance works for your medical expenses. Some things are covered for no extra cost and others are available for a discount. When I saw how this insurance worked in July of 2006, I immediately got it for my family and am very impressed at how it delivers liberty and justice for all and not just for those who can afford it.
http://www.activeauthors.com/Article/The-Best-Way-To-Keep-Points-Off-Your-Driving-Record/3690
Divorce Mediation: How It Works & Why It May Save You Time And Money
When most people file divorce papers, they assume that they will have to appear in divorce court and undergo a lengthy litigation dispute over the division of assets, child custody and alimony. In many cases, especially those where both parties wish to resolve the legalities in a quick and amicable manner, divorce mediation may be the answer. As the name implies, divorce mediation involves a neutral third-party who oversees the agreement between the husband and wife relating to the terms of their divorce.
Couples who decide to undergo divorce mediation as opposed to having their case tried in divorce court will save both time and money as the litigation process can be both lengthy and complex. A divorce mediation is a much more casual and friendly setting and, in some cases, both parties may even walk away on better terms than if the case were to proceed to trial. Depending on the nature and complexity of the case, divorce mediation can often be completed in less than one month. In order for this to occur, both parties must be cooperative throughout the discovery process and must be able to schedule regular mediation appointments.
With that being said, it's important to note that although informal, a divorce mediation is very much a legal process and should be taken seriously. The mediator will serve as a neutral party, which means that both you and your spouse may wish to seek the independent representation of a divorce attorney who specializes in these types of cases. Whether you prefer advice on divorce or actually desire the presence of a licensed divorce attorney during the actual mediation process, it is important that you understand your legal rights and are equipped with the knowledge of local divorce laws in your area when entering into mediation. A professional divorce lawyer can provide you with advice and recommendations during every step of the way, starting with the filing of divorce papers and concluding with the dissolution of your marriage.
As mentioned earlier in this article, divorce mediation may be a less expensive process than a divorce court proceeding. If a case proceeds to trial, your divorce attorney will spend hours of time in preparation, discovery and will be required to take depositions. Time is money and, in this case, the old saying has never been more true. The more hours your divorce lawyer spends on your case, the more you will likely pay in attorney fees. A divorce mediation, on the other hand, will result in less hours of research and work for your divorce attorney, which means a lower cost for you. A divorce is an expensive process, but there are ways to keep the fees at a minimum. During divorce mediation, both parties can resolve all issues both legally and effectively and without having to deal with the lengthy and expensive litigation process.
At the conclusion of a divorce mediation, the divorce attorneys for both parties will review any/all documents that require signatures and will advise their client to sign documents relating to the agreements reached during mediation. Once all paperwork has been signed, including that which relates to child custody, alimony and the division of assets, a court date will be scheduled for the final divorce hearing.
The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal advice regarding divorce, child custody, alimony and/or divorce laws. If you are in need of divorce advice or are considering a marriage separation, consult with a professional divorce lawyer in your area for further information and/or divorce advice.
http://www.activeauthors.com/Article/Divorce-Mediation--How-It-Works---Why-It-May-Save-You-Time-And-Money/2984
Couples who decide to undergo divorce mediation as opposed to having their case tried in divorce court will save both time and money as the litigation process can be both lengthy and complex. A divorce mediation is a much more casual and friendly setting and, in some cases, both parties may even walk away on better terms than if the case were to proceed to trial. Depending on the nature and complexity of the case, divorce mediation can often be completed in less than one month. In order for this to occur, both parties must be cooperative throughout the discovery process and must be able to schedule regular mediation appointments.
With that being said, it's important to note that although informal, a divorce mediation is very much a legal process and should be taken seriously. The mediator will serve as a neutral party, which means that both you and your spouse may wish to seek the independent representation of a divorce attorney who specializes in these types of cases. Whether you prefer advice on divorce or actually desire the presence of a licensed divorce attorney during the actual mediation process, it is important that you understand your legal rights and are equipped with the knowledge of local divorce laws in your area when entering into mediation. A professional divorce lawyer can provide you with advice and recommendations during every step of the way, starting with the filing of divorce papers and concluding with the dissolution of your marriage.
As mentioned earlier in this article, divorce mediation may be a less expensive process than a divorce court proceeding. If a case proceeds to trial, your divorce attorney will spend hours of time in preparation, discovery and will be required to take depositions. Time is money and, in this case, the old saying has never been more true. The more hours your divorce lawyer spends on your case, the more you will likely pay in attorney fees. A divorce mediation, on the other hand, will result in less hours of research and work for your divorce attorney, which means a lower cost for you. A divorce is an expensive process, but there are ways to keep the fees at a minimum. During divorce mediation, both parties can resolve all issues both legally and effectively and without having to deal with the lengthy and expensive litigation process.
At the conclusion of a divorce mediation, the divorce attorneys for both parties will review any/all documents that require signatures and will advise their client to sign documents relating to the agreements reached during mediation. Once all paperwork has been signed, including that which relates to child custody, alimony and the division of assets, a court date will be scheduled for the final divorce hearing.
The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal advice regarding divorce, child custody, alimony and/or divorce laws. If you are in need of divorce advice or are considering a marriage separation, consult with a professional divorce lawyer in your area for further information and/or divorce advice.
http://www.activeauthors.com/Article/Divorce-Mediation--How-It-Works---Why-It-May-Save-You-Time-And-Money/2984
Lindsay Lohan’s Hit and Run Accident
Walking the streets of Los Angeles is becoming more and more hazardous, given the amount of drunken celebrities on our roads. This past weekend we became aware that Lindsay Lohan was arrested in Los Angeles for hit and run, and driving while under the influence of alcohol. It also appears that the police located a white powdery substance believed to be cocaine either within Ms. Lohan's vehicle or person.
The preliminary information gathered from the police revealed that Ms. Lohan had two passengers in the car at the time she crashed into a curb and some shrubbery, causing injury to herself and her vehicle. Ms. Lohan then fled the scene of the accident without notifying the police. She was later located at a nearby hospital by the police who observed she was exhibiting signs of alcohol influence.
Apparently this was the third car accident for Ms. Lohan within two years. Ms. Lohan, who has been in and out of a rehab center for alcohol abuse, is obviously a dangerous driver.
From the prosecutor's point of view, Ms. Lohan should be sentenced to a significant amount of jail time for this offense, possibly six months. Any defense attorney in Los Angeles will tell you that the District Attorney's Office and the Courts do not treat cases like this lightly. The aggravating factors involved with this case include: 1) Ms. Lohan fled the scene of an accident; 2) There were two passengers within her vehicle who could have been injured; 3) Ms. Lohan has a history of bad driving; and 4) She caused injuries to herself.
In California, first time DUI offenders are sentenced to attend a DUI class, pay approximately $1,100 of fines, and placed on three years summary probation. Hit and run offenders who have caused injuries, on the other hand, can be charged with a felony, and usually receive stiff prison or jail time, depending upon the seriousness of the injuries.
Unfortunately, the Los Angeles courts tend to coddle our celebrities, so I am not expecting Ms. Lohan to be sentenced similar to what an ordinary citizen would receive under similar circumstances. In my opinion, we are not doing Ms. Lohan or the public any favors by treating this crime lightly. There is no better way to catch a person's attention than to sentence him or her to a healthy dose of jail time.
Ms. Lohan is also a huge role model for thousands of would be actresses. I believe we send the wrong message to our youth when we treat celebrities as royalty, as if they are above the law. The impression we do not want our youth to have is that law enforcement gives these people special treatment because being drunk and out of control is are essential ingredients to their success.
In cases like this numerous commentators discuss the stress of the actress and the demands of their jobs as an excuse for their behavior. I agree that celebrities do suffer from a lot of stress. However, in no way can they be excused for drunk driving. Celebrities like Lindsay Lohan, more than most people, can afford a private driver, call a cab, or call upon a friend to drive them home.
From the defense point of view, there may be a "no drive" defense, given that the police did not observe Ms. Lohan driving and we know there were two other people in her car, who could claim to have been driving. However, as I tell my clients who face similar charges, we will not know what defenses, if any, are available until we see the police reports. In this case, the passengers may have told the police that Ms. Lohan was driving, and it appears there may have been a photographer that places her behind the wheel.
http://www.activeauthors.com/Article/Lindsay-Lohan-s-Hit-and-Run-Accident/2762
The preliminary information gathered from the police revealed that Ms. Lohan had two passengers in the car at the time she crashed into a curb and some shrubbery, causing injury to herself and her vehicle. Ms. Lohan then fled the scene of the accident without notifying the police. She was later located at a nearby hospital by the police who observed she was exhibiting signs of alcohol influence.
Apparently this was the third car accident for Ms. Lohan within two years. Ms. Lohan, who has been in and out of a rehab center for alcohol abuse, is obviously a dangerous driver.
From the prosecutor's point of view, Ms. Lohan should be sentenced to a significant amount of jail time for this offense, possibly six months. Any defense attorney in Los Angeles will tell you that the District Attorney's Office and the Courts do not treat cases like this lightly. The aggravating factors involved with this case include: 1) Ms. Lohan fled the scene of an accident; 2) There were two passengers within her vehicle who could have been injured; 3) Ms. Lohan has a history of bad driving; and 4) She caused injuries to herself.
In California, first time DUI offenders are sentenced to attend a DUI class, pay approximately $1,100 of fines, and placed on three years summary probation. Hit and run offenders who have caused injuries, on the other hand, can be charged with a felony, and usually receive stiff prison or jail time, depending upon the seriousness of the injuries.
Unfortunately, the Los Angeles courts tend to coddle our celebrities, so I am not expecting Ms. Lohan to be sentenced similar to what an ordinary citizen would receive under similar circumstances. In my opinion, we are not doing Ms. Lohan or the public any favors by treating this crime lightly. There is no better way to catch a person's attention than to sentence him or her to a healthy dose of jail time.
Ms. Lohan is also a huge role model for thousands of would be actresses. I believe we send the wrong message to our youth when we treat celebrities as royalty, as if they are above the law. The impression we do not want our youth to have is that law enforcement gives these people special treatment because being drunk and out of control is are essential ingredients to their success.
In cases like this numerous commentators discuss the stress of the actress and the demands of their jobs as an excuse for their behavior. I agree that celebrities do suffer from a lot of stress. However, in no way can they be excused for drunk driving. Celebrities like Lindsay Lohan, more than most people, can afford a private driver, call a cab, or call upon a friend to drive them home.
From the defense point of view, there may be a "no drive" defense, given that the police did not observe Ms. Lohan driving and we know there were two other people in her car, who could claim to have been driving. However, as I tell my clients who face similar charges, we will not know what defenses, if any, are available until we see the police reports. In this case, the passengers may have told the police that Ms. Lohan was driving, and it appears there may have been a photographer that places her behind the wheel.
http://www.activeauthors.com/Article/Lindsay-Lohan-s-Hit-and-Run-Accident/2762
Child Support under Washington State Family Law
In Washington, the legislature has found that all parents have a responsibility to support their children, and that each child has a right to support from both parents. Furthermore, everyone knows the phrase, “dead beat dad (or mom)” and the problems it can cause. As a result, Washington State family law on child support makes it easy for an order of child support to be entered against a non-custodial parent, either by a Superior Court or an administrative agency. While it is fair to require all parents to support their children, the orders entered against non-custodial parents are not always fair payment requirements or back support amounts, especially if that parent was not represented by a competent Washington State family law attorney.
Child support is arguably more than just a legal requirement; it is an ethical requirement to support one’s children. But sometimes the zeal with which orders are pursued means the real facts and circumstances of each case are not given fair consideration. Washington State Family Law requires that the accurate incomes of both parties be considered. Furthermore, there may be facts and circumstances which preclude a obligor (paying parent) from paying what would be the full amount, like being temporarily unemployed or disabled. While Washington State family law policy is not to allow a parent to be free of a child support obligation due to such circumstances, the law does aim to be fair.
If you anticipate having a child support order entered against you through a divorce, paternity, or other Washington State Family Law action, contact McKinley Irvin and speak to one of our family law attorneys. We have extensive experience in child support actions, and we can make sure that your side gets a fair hearing. Children deserve support, but parents deserve to be treated fairly when determining that support. The Washington State Family Law lawyers at McKinley Irvin can do just that for you.
http://www.activeauthors.com/Article/Child-Support-under-Washington-State-Family-Law/2216
Child support is arguably more than just a legal requirement; it is an ethical requirement to support one’s children. But sometimes the zeal with which orders are pursued means the real facts and circumstances of each case are not given fair consideration. Washington State Family Law requires that the accurate incomes of both parties be considered. Furthermore, there may be facts and circumstances which preclude a obligor (paying parent) from paying what would be the full amount, like being temporarily unemployed or disabled. While Washington State family law policy is not to allow a parent to be free of a child support obligation due to such circumstances, the law does aim to be fair.
If you anticipate having a child support order entered against you through a divorce, paternity, or other Washington State Family Law action, contact McKinley Irvin and speak to one of our family law attorneys. We have extensive experience in child support actions, and we can make sure that your side gets a fair hearing. Children deserve support, but parents deserve to be treated fairly when determining that support. The Washington State Family Law lawyers at McKinley Irvin can do just that for you.
http://www.activeauthors.com/Article/Child-Support-under-Washington-State-Family-Law/2216
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