Many people believe that if they are filing a real estate lawsuit, any attorney will do. The fact is, in order for you to have the best chances for a successful real estate lawsuit, you need an attorney who is experienced with handling real estate litigation.
“Many clients are unaware of the difficulties involved in real estate cases,” says Philip R. Brown, Hawaii real estate attorney. “Many of the cases I have handled have hinged on my experience and knowledge about real estate in this area.”
Real estate lawsuits can be very difficult, and not every attorney is able to handle real estate cases effectively. Not only can real estate claims involve zoning rules, contracts, and insurance companies, but the rules regarding real estate from state to state and even from county to county. When filing a real estate lawsuit in Hawaii, it is important that you have an experienced Honolulu, Hawaii real estate attorney on your side.
Real estate lawsuits can be filed concerning any number of different circumstances, including:
# Wrongful Eviction – If your landlord is attempting to evict you from your house or apartment without reason, you may be able to recover compensation for being wrongfully evicted for each month that you should rightfully have been able to stay in your apartment of house.
# Deceptive Trade Practices – If the seller of a property deceives the buyer , it is referred to as unfair or deceptive trade practices. If you believe you have been deceived or the seller of a property has acted unfair, you may be able to recover compensation.
# Breach of Contract – There are many ways a contract can be breached in real estate, one of the most common ways contracts are breached is by illegally increasing the cost of rent.
# Property Purchases – Purchasing property can be very difficult because there are zoning laws as well as other contracts that must be signed. An experienced real estate attorney can help you with this process.
# Foreclosures – A foreclosure occurs when a property is sold in order to recover the money due to the lender who enabled the party to purchase the property. Whether you are attempting to recover money due to you, or your property is being sold, an experienced real estate attorney can help you.
# Boundary Disputes – Boundary disputes and land rights are difficult matters because as time goes by, boundary lines are forgotten and natural boundaries change. If you are having a boundary dispute, a real estate attorney can help you establish your land rights.
Experience can mean everything during a real estate claim. Real estate litigation involves many unique laws, and an experienced real estate attorney will have the attention to detail and knowledge of how to handle your real estate claim.
Article Source: http://EzineArticles.com/?expert=Sara_Goldstein
Friday, November 2, 2007
A Section of the Bill of Rights in South Africa
This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
The state must respect, protect, promote and fulfil the rights in the Bill of Rights.
The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
Application:
The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.
When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1).
A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.
Property Rights in South Africa:
No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.
Property may be expropriated only in terms of law of general application for a public purpose or in the public interest; and subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.
The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including the current use of the property; the history of the acquisition and use of the property; the market value of the property; the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and the purpose of the expropriation.
For the purposes of this section:
The public interest includes the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources; and property is not limited to land.
The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.
A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress.
A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress.
No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36(1).
Article Source: http://EzineArticles.com/?expert=Gerald_Crawford
The state must respect, protect, promote and fulfil the rights in the Bill of Rights.
The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
Application:
The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.
When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1).
A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.
Property Rights in South Africa:
No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.
Property may be expropriated only in terms of law of general application for a public purpose or in the public interest; and subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.
The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including the current use of the property; the history of the acquisition and use of the property; the market value of the property; the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and the purpose of the expropriation.
For the purposes of this section:
The public interest includes the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources; and property is not limited to land.
The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.
A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress.
A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress.
No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36(1).
Article Source: http://EzineArticles.com/?expert=Gerald_Crawford
Buying A Condominium In Ontario? Do You Know The Rules?
Condominiums are not for everybody. There are rules and if you don’t like rules don’t buy a condominium.
No dogs, no bicycles, no glass in pool areas. These are all valid rules which the courts can and will enforce by way of a court order. At Landy Marr LLP we have acted for both condominium corporations and unit owners, in many such disputes. Every condominium is governed by its own unique rules, regulations and by-laws. These are necessary to ensure that condominiums are properly operated and maintained, and to define the rights and obligations of the individual owners.
Some rules regarding the individual owners, condominiums may have restrictions regarding the number of occupants per unit, the age of occupants, pets, noise, and parking and when certain amenities such as the swimming pool, tennis court, etc. may be used.
As well many condominiums have strict rules concerning the alteration of the unit space or its appearance. Additionally, you may have to get the permission from the condominium’s Board of Directors before you do the following: change exterior fixtures, install a satellite dish, put up new colored drapes, install an conditioning unit in one of the windows, and in particular make changes that may affect the premise’s structure or safety.
As an individual condominium owner you may be obliged to attend condominium meetings or serve on condominium boards and committees. Additionally on top of your mortgage condominiums have requirements for the payment of monthly condominium fees. There will also be mandatory charges for a reserve fund in addition to the maintenance fee for unforeseen major repairs to the condominium common elements.
In Ontario every condominium has a Declaration registered on title. Additionally each condominium corporation has by-laws and rules. Before you enter into an agreement to buy a new condominium unit read these documents over. If it is a resale unit and you read them after you sign, it will be too late to change your mind. To avoid disappointment and future problems you should have a lawyer carefully review and consider all rules and obligations when you are considering the purchase of a condominium. They should be available from the unit’s seller / vendor or from the condominium Corporation. The rules will be clearly outlined in the governing documents, and you should become familiar with them prior to purchasing a particular condominium unit.
Legal firms have frequently and successfully gone to Court on behalf of condominium corporations to obtain Court orders against individuals who had pets, who had brought bicycles into the elevators and into their units, who brought a glass into a jacuzzi, and who were tossing their Christmas trees over their balcony.
A condominium is not the same thing as owning a single family home where you are the “king of your castle”. A condominium is in many ways like living in a commune or a kibbutz, where the rights of the individual must be subordinate to the rules governing the building. Individual liberty is not supreme, and unit owners must obey the rules for the collective.
Before you buy make sure you know what you’re buying by reading the Declaration, by-laws and rules. Go see your real estate lawyer before you sign the Agreement of Purchase and Sale. Don’t wait until after you sign, by then it will be too late.
Samuel S. Marr is well respected in his professional practice and handles a diverse range of litigation cases with extensive experience in insurance and disability claims disputes, personal injuries actions and class actions, real estate litigation, wrongful dismissal actions, mortgage enforcement, condominium litigation, construction lien and Commercial Tenancy disputes. Sam is certified as a specialist in Civil Litigation by the Law Society of Upper Canada.
To contact Sam or for more information visit http://www.landymarr.com
Article Source: http://EzineArticles.com/?expert=Samuel_Marr
No dogs, no bicycles, no glass in pool areas. These are all valid rules which the courts can and will enforce by way of a court order. At Landy Marr LLP we have acted for both condominium corporations and unit owners, in many such disputes. Every condominium is governed by its own unique rules, regulations and by-laws. These are necessary to ensure that condominiums are properly operated and maintained, and to define the rights and obligations of the individual owners.
Some rules regarding the individual owners, condominiums may have restrictions regarding the number of occupants per unit, the age of occupants, pets, noise, and parking and when certain amenities such as the swimming pool, tennis court, etc. may be used.
As well many condominiums have strict rules concerning the alteration of the unit space or its appearance. Additionally, you may have to get the permission from the condominium’s Board of Directors before you do the following: change exterior fixtures, install a satellite dish, put up new colored drapes, install an conditioning unit in one of the windows, and in particular make changes that may affect the premise’s structure or safety.
As an individual condominium owner you may be obliged to attend condominium meetings or serve on condominium boards and committees. Additionally on top of your mortgage condominiums have requirements for the payment of monthly condominium fees. There will also be mandatory charges for a reserve fund in addition to the maintenance fee for unforeseen major repairs to the condominium common elements.
In Ontario every condominium has a Declaration registered on title. Additionally each condominium corporation has by-laws and rules. Before you enter into an agreement to buy a new condominium unit read these documents over. If it is a resale unit and you read them after you sign, it will be too late to change your mind. To avoid disappointment and future problems you should have a lawyer carefully review and consider all rules and obligations when you are considering the purchase of a condominium. They should be available from the unit’s seller / vendor or from the condominium Corporation. The rules will be clearly outlined in the governing documents, and you should become familiar with them prior to purchasing a particular condominium unit.
Legal firms have frequently and successfully gone to Court on behalf of condominium corporations to obtain Court orders against individuals who had pets, who had brought bicycles into the elevators and into their units, who brought a glass into a jacuzzi, and who were tossing their Christmas trees over their balcony.
A condominium is not the same thing as owning a single family home where you are the “king of your castle”. A condominium is in many ways like living in a commune or a kibbutz, where the rights of the individual must be subordinate to the rules governing the building. Individual liberty is not supreme, and unit owners must obey the rules for the collective.
Before you buy make sure you know what you’re buying by reading the Declaration, by-laws and rules. Go see your real estate lawyer before you sign the Agreement of Purchase and Sale. Don’t wait until after you sign, by then it will be too late.
Samuel S. Marr is well respected in his professional practice and handles a diverse range of litigation cases with extensive experience in insurance and disability claims disputes, personal injuries actions and class actions, real estate litigation, wrongful dismissal actions, mortgage enforcement, condominium litigation, construction lien and Commercial Tenancy disputes. Sam is certified as a specialist in Civil Litigation by the Law Society of Upper Canada.
To contact Sam or for more information visit http://www.landymarr.com
Article Source: http://EzineArticles.com/?expert=Samuel_Marr
Public Real Estate Record & How To Get One Quickly And Legally!
A public real estate record can be a realtor’s and a buyer’s best friend. The public real estate record can give the seller and future homeowner information on the house that they may not get otherwise just by looking at it.
Problems – A public real estate record should tell you about certain problems that the house has had such as electrical failure, flooding, or cracking foundation. These are all important and sometimes life threatening problems that every seller and buyer should know about well in advance of buying the home. After all, to the seller, it’s just real estate. To the buyer, it’s a home.
History – When was the house built? What is the history of the land it sits on? How many previous owners have there been? Is there a history of a crime that was committed in the home? Some people may not feel comfortable living a home where someone was murdered or where someone hid out during a crime spree. Some people may not even feel comfortable living in the same neighborhood as a “famous crime house.” These are all very important things that every prospective homeowner should take into account when looking to purchase a home.
Quality – When was the last time the house got painted? Are those the same bricks that were there when the house was built originally? How old are those shingles on the roof? If the quality of the home is not up to par, there is no reason to buy it. Unless of course, you want to buy a fixer upper, this even then could end up as a money pit.
Other – A public real estate record can also show you things like how many mortgages a house has had, tax history, sellers name, property type, location, etc. These are all very important things to take into consideration when looking through a public real estate record.
Remember that not all public real estate records are created equally, as different states may have different requirements for what they each require. Some states, for example, do not have to tell you if there was flood damage at the house or not. Their buyers beware in those states. Do you live in one of those? You had better hope not for you and your family’s safety and security.
More information regarding how to obtain a public real estate record can be found at the following site: http://www.squidoo.com/publicrealestaterecord/
Article Source: http://EzineArticles.com/?expert=Mikee_Dunn
Problems – A public real estate record should tell you about certain problems that the house has had such as electrical failure, flooding, or cracking foundation. These are all important and sometimes life threatening problems that every seller and buyer should know about well in advance of buying the home. After all, to the seller, it’s just real estate. To the buyer, it’s a home.
History – When was the house built? What is the history of the land it sits on? How many previous owners have there been? Is there a history of a crime that was committed in the home? Some people may not feel comfortable living a home where someone was murdered or where someone hid out during a crime spree. Some people may not even feel comfortable living in the same neighborhood as a “famous crime house.” These are all very important things that every prospective homeowner should take into account when looking to purchase a home.
Quality – When was the last time the house got painted? Are those the same bricks that were there when the house was built originally? How old are those shingles on the roof? If the quality of the home is not up to par, there is no reason to buy it. Unless of course, you want to buy a fixer upper, this even then could end up as a money pit.
Other – A public real estate record can also show you things like how many mortgages a house has had, tax history, sellers name, property type, location, etc. These are all very important things to take into consideration when looking through a public real estate record.
Remember that not all public real estate records are created equally, as different states may have different requirements for what they each require. Some states, for example, do not have to tell you if there was flood damage at the house or not. Their buyers beware in those states. Do you live in one of those? You had better hope not for you and your family’s safety and security.
More information regarding how to obtain a public real estate record can be found at the following site: http://www.squidoo.com/publicrealestaterecord/
Article Source: http://EzineArticles.com/?expert=Mikee_Dunn
Thursday, November 1, 2007
Duties of a New Jersey Accident Lawyer
The accident- New Jersey lawyer generally links to the legal issues pertaining to the accidents with burning issues like liabilities, damages and source of payment. These lawyers can deal specifically with those affected in an accident, and these lawyers could help you to get the compensation to which you are allowed.
However, the claim forms need to be submitted in time by the accident Nevada lawyer without making any delay on the part of the client. However, the accident victims or the caretakers of the accident victims need to give proper documentary evidences to the lawyer with regard to the situations in which the accidents happened and the extent of financial loss experienced or expected.
In this regard, the client involved in the accidents will be specifically assisted against the loss encountered during the undergoing of medical expenses related to the emergency treatment.
The attorneys always attempt to settle down the claim amounts in a speedy manner from the concerned, against the loss suffered by the clients. The expenditures on surgical remedies including the dental or other structural remedies experienced due to the accidents will be compensated immediately if you seek help from these lawyers when you met with an accident.
There are many skilful lawyers both at Jersey and Nevada who have associated in dealing with accident cases. Accidents may happen at any time. Hence, the accident cases need to be brought to the limelight in a proper manner by associating with lawyers.
There should not be any sort of discrepancy with regard to the claim form contents and the actual happenings pertaining to the concerned accident.
If any such discrepancy is noticed during the legal proceedings associated by notaries of Jersey or Nevada, then the case will not win and the concerned victims or the care taker of the victims may not get the claim amounts in time.
Donald Harris is a publisher of Accident Lawyer Info and articles. You can go to The-Accident-Lawyer.com for more.
Article Source: http://EzineArticles.com/?expert=Donald_Harris
However, the claim forms need to be submitted in time by the accident Nevada lawyer without making any delay on the part of the client. However, the accident victims or the caretakers of the accident victims need to give proper documentary evidences to the lawyer with regard to the situations in which the accidents happened and the extent of financial loss experienced or expected.
In this regard, the client involved in the accidents will be specifically assisted against the loss encountered during the undergoing of medical expenses related to the emergency treatment.
The attorneys always attempt to settle down the claim amounts in a speedy manner from the concerned, against the loss suffered by the clients. The expenditures on surgical remedies including the dental or other structural remedies experienced due to the accidents will be compensated immediately if you seek help from these lawyers when you met with an accident.
There are many skilful lawyers both at Jersey and Nevada who have associated in dealing with accident cases. Accidents may happen at any time. Hence, the accident cases need to be brought to the limelight in a proper manner by associating with lawyers.
There should not be any sort of discrepancy with regard to the claim form contents and the actual happenings pertaining to the concerned accident.
If any such discrepancy is noticed during the legal proceedings associated by notaries of Jersey or Nevada, then the case will not win and the concerned victims or the care taker of the victims may not get the claim amounts in time.
Donald Harris is a publisher of Accident Lawyer Info and articles. You can go to The-Accident-Lawyer.com for more.
Article Source: http://EzineArticles.com/?expert=Donald_Harris
Executive Coaching in UK Law Firms - Choosing the Right Coach
“A few years ago, the idea of having a personal coach would have raised eyebrows among lawyers hardwired to be sceptical. Today, it has moved out of the shadows, with the top 100 law firms spending an estimated £4.5 million on coaching annually…
Guy Beringer, senior partner of Allen & Overy, sums up coaching’s transition from oddball to a key element in law firms’ training programmes.
‘About five years ago, I would have been sceptical of the value of coaching. Now I am extremely enthusiastic, and I can think of virtually no areas of activity where people cannot at the very least be improved by it and a number where their performance can be transformed.’”
The above appeared in The Law Gazette in October 2006. But with coaching so much in vogue, how can you choose the right coach?
Look for the following:
Qualifications
Unfortunately, anyone can call themselves a coach. Look for someone with qualifications to at least post graduate level.
References and experience
Look for a coach who is happy for you to talk to one of their clients, and who has several years’ experience in coaching.
Relevant Business Experience
Whilst not strictly necessary, a coach who has experience in professional services may have more credibility with those being coached, particularly partners. This knowledge can also reduce the time spent explaining background material.
A focus on measurable outcomes
Coaching can get a bit “woolly”. Look for a coach who is keen to clarify the outcome YOU are looking for. If you are happy to provide coaching to staff as a benefit and are not looking for a measurable outcome, that’s fine. But your coach should clarify this with you.
Ability to explain their model
Look for a coach who is able to explain what they do in terms you can understand, and who has a range of techniques at their disposal.
NLP?
More and more firms like their coaches to have NLP (neuro-linguistic programming) training. If you want a coach who uses NLP, ideally look for training to Master Practitioner or Trainer level.
Supervision and Continuing Professional Development
Look for a coach who has regular supervision and undertakes CPD.
Understanding of boundaries
The coach should know their boundaries, and when to refer to a mental health professional.
Membership of professional bodies
The coach should be a member of a professional body and carry appropriate indemnity insurance.
Cultural fit and personality
Finally, do you like them, and do they seem to be a good cultural fit with your firm?
Are you a lawyer or an HR manager within a law firm? For more free articles and other resources, see http://www.templetonfinn.co.uk
Download a FREE 30 page e-book at http://www.templetonfinn.co.uk/resources/kit.php It's like having your own personal coach in a book.
Subscribe to our free newsletter for professionals. It's full of tips to help you manage your time, influence clients and colleagues and achieve your goals.
Roz Watkins, founder of Templeton Finn Ltd, is an executive coach, trainer and NLP Master Practitioner. She specialises in working with professional service fims particularly in the legal and accountancy fields, and is also a qualified patent attorney.
Article Source: http://EzineArticles.com/?expert=Roz_Watkins
Guy Beringer, senior partner of Allen & Overy, sums up coaching’s transition from oddball to a key element in law firms’ training programmes.
‘About five years ago, I would have been sceptical of the value of coaching. Now I am extremely enthusiastic, and I can think of virtually no areas of activity where people cannot at the very least be improved by it and a number where their performance can be transformed.’”
The above appeared in The Law Gazette in October 2006. But with coaching so much in vogue, how can you choose the right coach?
Look for the following:
Qualifications
Unfortunately, anyone can call themselves a coach. Look for someone with qualifications to at least post graduate level.
References and experience
Look for a coach who is happy for you to talk to one of their clients, and who has several years’ experience in coaching.
Relevant Business Experience
Whilst not strictly necessary, a coach who has experience in professional services may have more credibility with those being coached, particularly partners. This knowledge can also reduce the time spent explaining background material.
A focus on measurable outcomes
Coaching can get a bit “woolly”. Look for a coach who is keen to clarify the outcome YOU are looking for. If you are happy to provide coaching to staff as a benefit and are not looking for a measurable outcome, that’s fine. But your coach should clarify this with you.
Ability to explain their model
Look for a coach who is able to explain what they do in terms you can understand, and who has a range of techniques at their disposal.
NLP?
More and more firms like their coaches to have NLP (neuro-linguistic programming) training. If you want a coach who uses NLP, ideally look for training to Master Practitioner or Trainer level.
Supervision and Continuing Professional Development
Look for a coach who has regular supervision and undertakes CPD.
Understanding of boundaries
The coach should know their boundaries, and when to refer to a mental health professional.
Membership of professional bodies
The coach should be a member of a professional body and carry appropriate indemnity insurance.
Cultural fit and personality
Finally, do you like them, and do they seem to be a good cultural fit with your firm?
Are you a lawyer or an HR manager within a law firm? For more free articles and other resources, see http://www.templetonfinn.co.uk
Download a FREE 30 page e-book at http://www.templetonfinn.co.uk/resources/kit.php It's like having your own personal coach in a book.
Subscribe to our free newsletter for professionals. It's full of tips to help you manage your time, influence clients and colleagues and achieve your goals.
Roz Watkins, founder of Templeton Finn Ltd, is an executive coach, trainer and NLP Master Practitioner. She specialises in working with professional service fims particularly in the legal and accountancy fields, and is also a qualified patent attorney.
Article Source: http://EzineArticles.com/?expert=Roz_Watkins
Amending Law of Evidence (Qunun-e-Shahadat Order 1984) and e-Taxation
Although the Electronic transaction ordinance 2002 has made amendments in Qunun-e-Shahadat to meet basic criterion of evidence regarding electronic transaction, like Article 2 regarding admission; Article 49-A acceptance of relevance of information generated by automated information system; Article 59 Expert opinion of information technology officer; Article 73 regarding acceptance of primary evidence of any information received and transmitted in computer based form out of automatic generated transaction and also Article 78-A prove of digital signature.
These amendments the article 184 of Qunun-e-Shahadat have also widened the definition evidence to include “scientific devices” produced thereby modern devices, although the definition of “modern” device has been extended to video films but no statutory amendments have been made regarding the extension of evidential definition to include e-commerce transaction expert opinion.
With these amendments it different to suppose rather these amendments will lead to smooth running of legal system. How the automated generated information will be place before court, either server side or client side response? Who is going to be an expert? Rather the power of expert has been defined; rather he has been granted the right to hack the security rights of system? What is a basic standard and criterion for an expert? Evidence, whether these are contained in documents or recorded through oral evidence, must be admissible before a court. Certain admissible evidence carries more evidential weight or value than others. In terms of the rules of evidence, the admissibility or evidential weight of evidence would depend on whether the "best evidence" thereof had been presented to the court.
In common law countries verbal evidence takes a strong precedence over other forms of evidence, such evidence can only be admitted, however, if it comes from the person who had direct knowledge of the matter he exposes. Therefore, according to the "Hearsay Evidence Rule", a document cannot be used as evidence if its author does not witness it. In recent years a number of provisions were introduced into Qunun-e-shahdat in order to address the hearsay evidence rule as it effects computer generated evidence. Broadly, these provisions were designed to allow a court to admit computer evidence even though it was hearsay.
Article of 78-A of Qunun-e-Shahadat, proof of Electronic signature has been amended by promulgation Electronic Transaction Ordinance 2002, but complex issues can not resolved by amendment in one article, we need here to promulgate detail digital signature laws for purposes of just adjudication of e-commerce taxation.
All transaction in e-commerce is made by acceptance of terms and conditions by Client imposed by Website operators by pressing acceptance button, by doing that he undergoes legal obligation by accepting terms and conditions imposed on him. The aim of digital signature laws to regulate website terms and conditions of contract and to impose restrict on any terms which are void or illegal according to the contract laws.
Pakistani law, at present, with few exceptions treats computer records as hearsay evidence. There is, currently, no general legislation which has adopted the rules of evidence, particularly the rule against hearsay, to take account of computer technology. All businesses would face this issue in seeking to enforce contracts entered into over the internet under Pakistani law. If Pakistan is to become a hub for e-commerce, priority needs to be given to updating the laws of evidence to enable businesses and Government Departments to transact business over the internet in a climate of legal stability.
Article Source: http://EzineArticles.com/?expert=Adil_Waseem
These amendments the article 184 of Qunun-e-Shahadat have also widened the definition evidence to include “scientific devices” produced thereby modern devices, although the definition of “modern” device has been extended to video films but no statutory amendments have been made regarding the extension of evidential definition to include e-commerce transaction expert opinion.
With these amendments it different to suppose rather these amendments will lead to smooth running of legal system. How the automated generated information will be place before court, either server side or client side response? Who is going to be an expert? Rather the power of expert has been defined; rather he has been granted the right to hack the security rights of system? What is a basic standard and criterion for an expert? Evidence, whether these are contained in documents or recorded through oral evidence, must be admissible before a court. Certain admissible evidence carries more evidential weight or value than others. In terms of the rules of evidence, the admissibility or evidential weight of evidence would depend on whether the "best evidence" thereof had been presented to the court.
In common law countries verbal evidence takes a strong precedence over other forms of evidence, such evidence can only be admitted, however, if it comes from the person who had direct knowledge of the matter he exposes. Therefore, according to the "Hearsay Evidence Rule", a document cannot be used as evidence if its author does not witness it. In recent years a number of provisions were introduced into Qunun-e-shahdat in order to address the hearsay evidence rule as it effects computer generated evidence. Broadly, these provisions were designed to allow a court to admit computer evidence even though it was hearsay.
Article of 78-A of Qunun-e-Shahadat, proof of Electronic signature has been amended by promulgation Electronic Transaction Ordinance 2002, but complex issues can not resolved by amendment in one article, we need here to promulgate detail digital signature laws for purposes of just adjudication of e-commerce taxation.
All transaction in e-commerce is made by acceptance of terms and conditions by Client imposed by Website operators by pressing acceptance button, by doing that he undergoes legal obligation by accepting terms and conditions imposed on him. The aim of digital signature laws to regulate website terms and conditions of contract and to impose restrict on any terms which are void or illegal according to the contract laws.
Pakistani law, at present, with few exceptions treats computer records as hearsay evidence. There is, currently, no general legislation which has adopted the rules of evidence, particularly the rule against hearsay, to take account of computer technology. All businesses would face this issue in seeking to enforce contracts entered into over the internet under Pakistani law. If Pakistan is to become a hub for e-commerce, priority needs to be given to updating the laws of evidence to enable businesses and Government Departments to transact business over the internet in a climate of legal stability.
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