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    Commercial litigation financing

     

    A person who suffers a personal injury caused by another person can go in for litigation cases. Similarly, companies too are often involved in litigation. The reason can be attributed to the competitive market and ‘unfair competitions,’ too. Here the simple disputes in the conduct of business and commercial transaction sow the seeds for litigation. The companies may reach a discord due to various factors. These can be a wrongful termination of an employer or employee, breach of contract, disputes of insurance, partnership, shareholders, bankruptcy and so on. Such disputes of commercial transactions can affect the business of that company. For instance, one of the two companies involved in partnership joins hands with a third party clandestinely. There is a breach of trust and related damages caused on the other company. This ‘cheated’ company can file for litigation against its partner company. Finally, the disputing companies try to resolve their ongoing case through the court. This is known as Commercial Litigation. The companies, like the individual, take the help of an expert attorney to protect their interest. The attorney files the case for a contingent fee. The company involved in litigation, with the support of the attorney, seeks the Litigation Financing Company for its expenses. The company providing Litigation Financing evaluates the case. If the case appears worthy enough, the company offers an advance, often, termed as litigation loan. These are pre-settlement advances of non-recourse nature. That means the company gets its recovery charges if and only if its client company wins the case. But to ensure proper Commercial Litigation Financing one needs to resort to the attorney.

         
    Considering criminal law

     

    If criminal law is your passion, there is little doubt that you will be well suited for the law arenas that it enforces. For those who are looking for a major, it is wise to study this area of the law. In criminal law, The People can punish the criminal based on what he or she has done against the state. There are often less indications of victims here, but more of rules being broken. Because in criminal law, the individual has broken the governing body’s law, he or she is required to face punishment from the government. There is no need to consent with the victim, should there be one. Is criminal law the type of law you will pursue? If so, there is little doubt that you have many outstanding opportunities in the universities that you can attend to get your law degree. You will find that many of the schools will provide you with the most outstanding abilities to gain the knowledge that you need so long as you apply yourself. Criminal law is complex, detailed and very challenging. Yet, it can be passionate, profound and life changing as well. Criminal law is an amazing element in itself. The first choice that you will need to make should you choose criminal law is which school you will attend. Because you will be studying at such a high level, you will want to choose carefully, considering what an excellent school would look like and do for your resume. If you do well at that school, it will even set you higher above the rest of students. Choose the school based on your ability to meet the school’s demands, your ability to afford it, as well as your ability to get into it as some are rather restrictive in who they admit. Criminal law school is an excellent choice. It is one that will serve you well for many years.

         
    Copyright what can you protect

     

    The legal protection known has “copyright” has come front and center over the past few years with major legal rulings regarding peer-to-peer networks on the Internet. Copyright protection, however, can be a confusing area of the law. This article details what can and cannot be protected by copyright. Copyright Protection? - Yes Copyright protects "original works of authorship" in a tangible, fixed form of expression. The material does need to be directly perceptible as long as it can be expressed with the aid of technology. A good example of this is a movie, which requires a projection device of some sort. Materials that can be copyrighted include: 1. Literary works; 2. Musical works, including any accompanying words 3. Dramatic works, including any accompanying music 4. Pantomimes and choreographic works 5. Pictorial, graphic, and sculptural works 6. Motion pictures and other audiovisual works 7. Sound recordings 8. Architectural works Each of these categories is traditionally given a very broad reading. For instance, “literary works” include computer programs and plans for building a home are considered "pictorial, graphic, and sculptural works." While copyright cuts a broad path, it doesn’t cover everything. Protected by Copyright? – No If a work is not tangible, copyright protection will not apply. This can lead to confusion, so here are a few categories not eligible for protection from copyright: 1. Works that are not fixed. For example, the statements made by experts at a round table discussion or a comedian’s stage act. 2. Titles, names, short phrases, and slogans. These materials may be eligible for patent protection. 3. Ideas, procedures and methods. Copyright protection is a valuable intellectual property tool. If it all possible, copyright the material you produce to prevent others from misusing it.

         
    Corporate records shareholder inspections

     

    You’re conducting business as a corporation and various shareholders have kicked in investment money. Can shareholder inspections of corporate records occur? Emotional Attachment With small businesses, emotions can run high. Typically, a person has a great business idea, but need investors to create a pool of cash to get the business going. In such situations, the person has an emotional attachment to the business and thinks it is “theirs.” After all, if it is my great idea, I should control it. This understandable attitude can lead to problems. When you form a corporation and take on investors, you must be ready to let your baby go. The corporate entity is now the owner of the idea, which means all shareholders have a say in how things are run. The fact that you were the one that came up with the idea is absolutely irrelevant. If this sounds unfair, you may want to consider other ways to raise money instead of selling shares in the entity. Corporate Records A corporate entity, including a limited liability company, is a separate “person” for legal purposes. This legal fiction creates a liability shield between the business and your personal assets. However, this also requires the corporation to keep records such as board resolutions, bylaws, articles of incorporation, balance sheets and so on. These corporate records should create a time line and snapshot of the corporate business for each fiscal year. Shareholder Inspections In every state, shareholders have a right to inspect the records of a corporation. The scope of the inspection depends upon the particular laws of each state, but typically covers all records in the corporate books, balance sheets and even tax returns. The shareholder must typically make a written request to see the records three to five days prior to the date in question. The lawyer and accountant of the shareholder can also view the records. Most people react badly to shareholder inspection requests. Upon receiving a request, most will assume a lawsuit is coming and get combative. This, of course, leads to a refusal of the inspection request. Such emotional refusals are a huge mistake and violate the laws of practically every state. Shareholders have the right to inspect corporate records and you cannot deny their request. If a shareholder seeks to inspect corporate records, you can take a few steps. First, call the corporate attorney and get advice. Second, the corporate attorney may want to be present to make sure only the legally required records are disclosed. This tactic is highly dependent on the laws of each state and involves complex strategy decisions. Regardless, the best option is to immediately contact the corporate attorney and find out your options. If you obtain money from investors to pursue your business idea, you must understand that it is no longer “yours.” To this end, shareholders have the right to inspect the records of the business.

         
    Corporate records what to keep

     

    Whether you’ve created a corporation or limited liability company, you must maintain records. Here’s a primer on the basic corporate records you need to maintain. Corporate Records When forming a corporation or limited liability company, you are creating an entity independent from yourself. In so doing, this independent entity must take actions for itself, not you. For instance, a corporation will have a corporate bank account through which all revenues and debt payments are handled. As a shareholder, even with a single shareholder entity, you will not pay person expenses out of the corporate bank account. This concept extends to record keeping. For the purpose of this article, I am considering both corporation and limited liability company documents as “corporate records.” Although the records of each entity have different names, they serve the same purpose. For instance, articles of incorporation for a corporation serve the same purpose as Articles of Organization. The following list applies to corporations, but you can apply the list to the limited liability equivalents. Although each state has different records requirements, all require you to keep the following records. 1. Articles of Incorporation – The charter establishing the existence of the entity with the relevant Secretary of State. 2. Bylaws – The rules of the corporation. Essentially, the bylaws set out how the corporation will be administered from a procedural perspective, the rights of shareholders, how meetings will be called and so on. 3. Board Resolutions – These are resolutions passed by the Board of Directors from time to time, such as defining classes of corporate stock and approving particular courses of action for the business. 4. Minutes of Shareholder Meetings 5. Annual Meeting – Every state requires a corporation to have at least one meeting of the board of directors each year. Keep these in your corporate book. 6. Shareholder Communications – Copies of all communications to shareholders. Most states require you to hold these for three years, but you should keep these permanently to guard against future shareholder lawsuits. 7. Shareholders – A list of shareholders and the shares they own. 8. Annual Report – Most states require you to file an annual or bi-annual report with the Secretary of State. Keep copies of these in your corporate records. Most states provide a pre-printed form. 9. Balance Sheets – Shareholders have the right to inspect the finances of the corporation, although this right has limitations. You need to keep up to date balance sheets. 10. Tax Returns So, how long should you keep these corporate records? Some attorneys will tell you three or five years. Personally, I believe you should keep them permanently. If a shareholder dispute occurs, you don’t want to testify you through away a document. If the business is eventually sold, the buyer is going to want to see all corporate records. Either way, you are better off holding on to all records.

         
    Corruption and transparency

     

    I. The Facts Just days before a much-awaited donor conference, the influential International Crisis Group (ICG) recommended to place all funds pledged to Macedonia under the oversight of a "corruption advisor" appointed by the European Commission. The donors ignored this and other recommendations. To appease the critics, the affable Attorney General of Macedonia charged a former Minister of Defense with abuse of duty for allegedly having channeled millions of DM to his relatives during the recent civil war. Macedonia has belatedly passed an anti-money laundering law recently - but failed, yet again, to adopt strict anti-corruption legislation. In Albania, the Chairman of the Albanian Socialist Party, Fatos Nano, was accused by Albanian media of laundering $1 billion through the Albanian government. Pavel Borodin, the former chief of Kremlin Property, decided not appeal his money laundering conviction in a Swiss court. The Slovak daily "Sme" described in scathing detail the newly acquired wealth and lavish lifestyles of formerly impoverished HZDS politicians. Some of them now reside in refurbished castles. Others have swimming pools replete with wine bars. Pavlo Lazarenko, a former Ukrainian prime minister, is detained in San Francisco on money laundering charges. His defense team accuses the US authorities of "selective prosecution". They are quoted by Radio Free Europe as saying: "The impetus for this prosecution comes from allegations made by the Kuchma regime, which itself is corrupt and dedicated to using undemocratic and repressive methods to stifle political opposition ... (other Ukrainian officials) including Kuchma himself and his closest associates, have committed conduct similar to that with which Lazarenko is charged but have not been prosecuted by the U. S. government". The UNDP estimated, in 1997, that, even in rich, industrialized, countries, 15% of all firms had to pay bribes. The figure rises to 40% in Asia and 60% in Russia. Corruption is rife and all pervasive, though many allegations are nothing but political mud-slinging. Luckily, in countries like Macedonia, it is confined to its rapacious elites: its politicians, managers, university professors, medical doctors, judges, journalists, and top bureaucrats. The police and customs are hopelessly compromised. Yet, one rarely comes across graft and venality in daily life. There are no false detentions (as in Russia), spurious traffic tickets (as in Latin America), or widespread stealthy payments for public goods and services (as in Africa). It is widely accepted that corruption retards growth by deterring foreign investment and encouraging brain drain. It leads to the misallocation of economic resources and distorts competition. It depletes the affected country's endowments - both natural and acquired. It demolishes the tenuous trust between citizen and state. It casts civil and government institutions in doubt, tarnishes the entire political class, and, thus, endangers the democratic system and the rule of law, property rights included. This is why both governments and business show a growing commitment to tackling it. According to Transparency International's "Global Corruption Report 2001", corruption has been successfully contained in private banking and the diamond trade, for instance. Hence also the involvement of the World Bank and the IMF in fighting corruption. Both institutions are increasingly concerned with poverty reduction through economic growth and development. The World Bank estimates that corruption reduces the growth rate of an affected country by 0.5 to 1 percent annually. Graft amounts to an increase in the marginal tax rate and has pernicious effects on inward investment as well. The World Bank has appointed last year a Director of Institutional Integrity - a new department that combines the Anti-Corruption and Fraud Investigations Unit and the Office of Business Ethics and Integrity. The Bank helps countries to fight corruption by providing them with technical assistance, educational programs, and lending. Anti-corruption projects are an integral part of every Country Assistance Strategy (CAS). The Bank also supports international efforts to reduce corruption by sponsoring conferences and the exchange of information. It collaborates closely with Transparency International, for instance. At the request of member-governments (such as Bosnia-Herzegovina and Romania) it has prepared detailed country corruption surveys covering both the public and the private sectors. Together with the EBRD, it publishes a corruption survey of 3000 firms in 22 transition countries (BEEPS - Business Environment and Enterprise Performance Survey). It has even set up a multilingual hotline for whistleblowers. The IMF made corruption an integral part of its country evaluation process. It suspended arrangements with endemically corrupt recipients of IMF financing. Since 1997, it has introduced policies regarding misreporting, abuse of IMF funds, monitoring the use of debt relief for poverty reduction, data dissemination, legal and judicial reform, fiscal and monetary transparency, and even internal governance (e. g., financial disclosure by staff members). Yet, no one seems to agree on a universal definition of corruption. What amounts to venality in one culture (Sweden) is considered no more than hospitality, or an expression of gratitude, in another (France, or Italy). Corruption is discussed freely and forgivingly in one place - but concealed shamefully in another. Corruption, like other crimes, is probably seriously under-reported and under-penalized. Moreover, bribing officials is often the unstated policy of multinationals, foreign investors, and expatriates. Many of them believe that it is inevitable if one is to expedite matters or secure a beneficial outcome. Rich world governments turn a blind eye, even where laws against such practices are extant and strict. In his address to the Inter-American Development Bank on March 14, President Bush promised to "reward nations that root out corruption" within the framework of the Millennium Challenge Account initiative. The USA has pioneered global anti-corruption campaigns and is a signatory to the 1996 IAS Inter-American Convention against Corruption, the Council of Europe's Criminal Law Convention on Corruption, and the OECD's 1997 anti-bribery convention. The USA has had a comprehensive "Foreign Corrupt Practices Act" since 1977. The Act applies to all American firms, to all firms - including foreign ones - traded in an American stock exchange, and to bribery on American territory by foreign and American firms alike. It outlaws the payment of bribes to foreign officials, political parties, party officials, and political candidates in foreign countries. A similar law has now been adopted by Britain. Yet, "The Economist" reports that the American SEC has brought only three cases against listed companies until 1997. The US Department of Justice brought another 30 cases. Britain has persecuted successfully only one of its officials for overseas bribery since 1889. In the Netherlands bribery is tax deductible. Transparency International now publishes a name and shame Bribery Payers Index to complement its 91-country strong Corruption Perceptions Index. Many rich world corporations and wealthy individuals make use of off-shore havens or "special purpose entities" to launder money, make illicit payments, avoid or evade taxes, and conceal assets or liabilities. According to Swiss authorities, more than $40 billion are held by Russians in its banking system alone. The figure may be 5 to 10 times higher in the tax havens of the United Kingdom. In a survey it conducted last month of 82 companies in which it invests, "Friends, Ivory, and Sime" found that only a quarter had clear anti-corruption management and accountability systems in place. Tellingly only 35 countries signed the 1997 OECD "Convention on Combating Bribery of Foreign Public Officials in International Business Transactions" - including four non-OECD members: Chile, Argentina, Bulgaria, and Brazil. The convention has been in force since February 1999 and is only one of many OECD anti-corruption drives, among which are SIGMA (Support for Improvement in Governance and Management in Central and Eastern European countries), ACN (Anti-Corruption Network for Transition Economies in Europe), and FATF (the Financial Action Task Force on Money Laundering). Moreover, The moral authority of those who preach against corruption in poor countries - the officials of the IMF, the World Bank, the EU, the OECD - is strained by their ostentatious lifestyle, conspicuous consumption, and "pragmatic" morality. II. What to Do? What is Being Done? Two years ago, I proposed a taxonomy of corruption, venality, and graft. I suggested this cumulative definition: The withholding of a service, information, or goods that, by law, and by right, should have been provided or divulged. The provision of a service, information, or goods that, by law, and by right, should not have been provided or divulged. That the withholding or the provision of said service, information, or goods are in the power of the withholder or the provider to withhold or to provide AND That the withholding or the provision of said service, information, or goods constitute an integral and substantial part of the authority or the function of the withholder or the provider. That the service, information, or goods that are provided or divulged are provided or divulged against a benefit or the promise of a benefit from the recipient and as a result of the receipt of this specific benefit or the promise to receive such benefit. That the service, information, or goods that are withheld are withheld because no benefit was provided or promised by the recipient. There is also what the World Bank calls "State Capture" defined thus: "The actions of individuals, groups, or firms, both in the public and private sectors, to influence the formation of laws, regulations, decrees, and other government policies to their own advantage as a result of the illicit and non-transparent provision of private benefits to public officials." We can classify corrupt and venal behaviours according to their outcomes: Income Supplement - Corrupt actions whose sole outcome is the supplementing of the income of the provider without affecting the "real world" in any manner. Acceleration or Facilitation Fees - Corrupt practices whose sole outcome is to accelerate or facilitate decision making, the provision of goods and services or the divulging of information. Decision Altering Fees - Bribes and promises of bribes which alter decisions or affect them, or which affect the formation of policies, laws, regulations, or decrees beneficial to the bribing entity or person. Information Altering Fees - Backhanders and bribes that subvert the flow of true and complete information within a society or an economic unit (for instance, by selling professional diplomas, certificates, or permits). Reallocation Fees - Benefits paid (mainly to politicians and political decision makers) in order to affect the allocation of economic resources and material wealth or the rights thereto. Concessions, licenses, permits, assets privatized, tenders awarded are all subject to reallocation fees. To eradicate corruption, one must tackle both giver and taker. History shows that all effective programs shared these common elements: The persecution of corrupt, high-profile, public figures, multinationals, and institutions (domestic and foreign). This demonstrates that no one is above the law and that crime does not pay. The conditioning of international aid, credits, and investments on a monitored reduction in corruption levels. The structural roots of corruption should be tackled rather than merely its symptoms. The institution of incentives to avoid corruption, such as a higher pay, the fostering of civic pride, "good behaviour" bonuses, alternative income and pension plans, and so on. In many new countries (in Asia, Africa, and Eastern Europe) the very concepts of "private" versus "public" property are fuzzy and impermissible behaviours are not clearly demarcated. Massive investments in education of the public and of state officials are required. Liberalization and deregulation of the economy. Abolition of red tape, licensing, protectionism, capital controls, monopolies, discretionary, non-public, procurement. Greater access to information and a public debate intended to foster a "stakeholder society". Strengthening of institutions: the police, the customs, the courts, the government, its agencies, the tax authorities - under time limited foreign management and supervision. Awareness to corruption and graft is growing - though it mostly results in lip service. The Global Coalition for Africa adopted anti-corruption guidelines in 1999. The otherwise opaque Asia Pacific Economic Cooperation (APEC) forum is now championing transparency and good governance. The UN is promoting its pet convention against corruption. The G-8 asked its Lyon Group of senior experts on transnational crime to recommend ways to fight corruption related to large money flows and money laundering. The USA and the Netherlands hosted global forums on corruption - as will South Korea next year. The OSCE is rumored to respond with its own initiative, in collaboration with the US Congressional Helsinki Commission. The south-eastern Europe Stability Pact sports its own Stability Pact Anti-corruption Initiative (SPAI). It held its first conference in September 2001 in Croatia. More than 1200 delegates participated in the 10th International Anti-Corruption Conference in Prague last year. The conference was attended by the Czech prime minister, the Mexican president, and the head of the Interpol. The most potent remedy against corruption is sunshine - free, accessible, and available information disseminated and probed by an active opposition, uncompromised press, and assertive civic organizations and NGO's. In the absence of these, the fight against official avarice and criminality is doomed to failure. With them, it stands a chance. Corruption can never be entirely eliminated - but it can be restrained and its effects confined. The cooperation of good people with trustworthy institutions is indispensable. Corruption can be defeated only from the inside, though with plenty of outside help. It is a process of self-redemption and self-transformation. It is the real transition.

         
    County court judgements explained

     

    Having a County Court Judgement or CCJ issued against you will have a severe impact on your credit rating, as it signifies that you have had serious problems paying back a loan or other form of credit, to the extent where your creditor has had to take court action against you to try and recover the debt. If you get into arrears and fail to come to a repayment agreement, your creditor may decide that pursuing a CCJ is the only option. The first you'll hear about it is when you receive a 'Claim Form' through the post, sent to you by the county court. This form will set out the details of the claim, including who the creditor is and how much they say you owe them. If you were unaware of the debt, for instance if you'd moved house and lost contact with the creditor, then repaying the full debt now will stop proceedings going any further. If however you can't clear the debt, then you should fill out an 'Admissions Form' which will also have been sent to you. This form asks for information about your income and expenses, which the court will take into account when hearing your case. The Admissions Form should be returned within 16 days of the postmark it holds, although if you intend to dispute or defend the claim then you can apply to have the hearing delayed an extra 14 days in order to prepare your defence. Once you've filled in these forms and returned them to the court, there will be a simple hearing carried out in private. You don't have to attend the hearing so long as you've completely filled in the necessary forms, or unless you wish to dispute aspects of the claim. At the hearing, the court will objectively review the claim and the information you've provided, and come to a decision about the amount of money (if any) you owe, and how it should be repaid. It's important to note that no one is being found 'guilty' or 'innocent' here, the court is simply trying to fairly resolve a civil financial dispute. If the decision upholds the claim against you, then the court order or CCJ is issued. Even at this stage you can stop the damage to your credit record, as you'll have one month from the date of the court hearing to repay the debt in full to stop the CCJ being put on record. After a month, the CCJ will be entered on to the Register of County Court Judgements, and from there it will make its way onto your credit files held by the various credit reference agencies. The presence of one or more CCJs on your credit file will effectively close off most kinds of finance to you, as most lenders will be very reluctant to advance credit to people in these circumstances. Once, however, you've cleared the debt, then the judgement will be marked as 'satisfied', and while this will not remove it from your record it is a lot less harmful to your credit worthiness than an uncleared CCJ. If you have a CCJ on your record, you might be tempted by companies promising to remove it and clean up your rating. Unfortunately, this is only feasible in a few cases. Sometimes, the CCJ is entered on to your record by mistake even though you cleared the debt within the one month time limit. If this has happened then you have the right to have it removed from your records. The only other ways to have a CCJ removed is to show that there was something wrong with the way in which the judgement was awarded. If, for example, you didn't receive the initial Claim Form, and you were unaware of the proceedings, then you didn't have the chance to defend yourself and so the judgement is invalid. In these circumstances, you can apply to the court to 'set aside' the judgement and it will be removed from your file, with the whole process starting again with a new claim and hearing. Any attempt to gain a 'set aside' without a reasonable argument could be seen as wasting the court's time, with all the legal penalties that would entail. If you receive a Claim Form through the post, it's important not to panic. Although a CCJ against your name is harmful to your credit rating, it isn't a criminal matter and won't lead to further action such as repossession of your home or bankruptcy. The CCJ procedure is there so that the court can help to resolve your debt in a way that is fair to both you and your creditor.

         
    Courtroom fea but how does fea work

     

    Many legal professionals are exposed to Finite Element Analysis (FEA) in the courtroom. Having a fundamental understanding of how the method works can help an attorney (i) recognize when FEA can strengthen a case, (ii) choose a capable expert and (iii) develop meaningful challenges to the opposition's expert. As discussed in the last issue of Courtroom FEA, if a loss, injury or death is due to something bending or breaking, FEA can help identify the cause of failure and hence the responsible party. But how does it work? Divide and conquer. But first, let's back up and discuss what is being conquered. FEA is applied to many types of problems, such as temperatures in consumer electronics, airflow around aircraft, and magnetic fields in electric motors. By far the most common application is structural FEA -- determining how a solid body responds to various forces. The structural problem amounts to writing down some "governing equations" that describe the material and how it behaves, and then solving those equations for the physical part being analyzed subject to how it is held and loaded. This can be done on paper for some simple part shapes. The resulting "closed form solution" is another equation that provides the answer in terms of the basic variables, such as the part's dimensions. But reality intervenes, and most parts are too complicated to solve in closed form. FEA comes to the rescue by providing a "numerical solution" for each individual problem. This is a large gathering of numbers approximating the desired answers, such as displacements and stresses, across the part. But each solution is unique to a specific case; there is no simple answer in equation form. Now then, how does FEA divide and conquer the problem to provide the numerical solution? The answer lies in the name, "Finite Element Analysis". "Analysis" is obvious: the part is being analyzed under certain conditions. "Element" describes a small section of the part. In fact, the governing equations mentioned above can generally be derived by considering a small section, writing the equations for what's happening in that section, and then mathematically allowing the size of the section to become infinitesimal, or infinitely small. In FEA, each section is called an "element", and the elements are not made infinitely small. "Finite", then, refers to the countable number of elements used to represent the structure. The elements are of finite, measurable size. A computer can handle the computations on this finite number of elements. Each element acts on its neighboring elements. FEA assembles the equations from all the elements into one large matrix equation, and the computer is used to determine the numerical solution. A key concept of FEA is this: if the elements are made small enough and are spread advantageously across the part, the numerical solution can closely approximate reality. An experienced analyst can prepare the finite element model such that it accurately predicts the part's behavior, and can ensure that the solution algorithms do not interject significant errors. Results from the less-experienced are often suspect, and identifying them as so can be a tremendous advantage in the courtroom.

         
    Courtroom fea but my expert has hand calculations

     

    Hand calculations are good. It is very important that design engineers do hand calculations. It is very important that engineering expert witnesses do hand calculations. For everything but the simplest of part geometries, hand calculations of stress are generally rough estimates. Often they are only in the ballpark of the true maximum stress levels. Sometimes they are only in the ballpark of the average stress levels, and miss the highest stresses entirely. In the span of 50 years, finite element analysis has gone from esoteric research topic to widely available, widely applied mature technology. In the 1980's, FEA required extremely expensive mainframe computers, very expensive FEA codes and highly trained analysts, and was still implemented at many large corporations. In the 1990's, Unix workstations provided distributed FEA processing and FEA packages went mainstream, lowering entry costs. A seat of hardware and software still cost many tens of thousands of dollars, and highly trained analysts were still required, and still FEA spread to thousands of companies. In the 2000's, lower priced FEA packages run well on medium to high-end personal computers, and FEA usage continues to grow. Highly trained analysts are still needed to consistently obtain accurate results, a fact unfortunately ignored by too many in the industry. Why does FEA usage continue to grow when all of these companies already have hand calculations? Because, when applied correctly, FEA works. It delivers accurate stress estimates for parts with geometry too complicated for hand calculations alone, which describes most of today's parts. Accuracy means that localized stress concentrations can be removed. Accuracy means one less uncertainty, meaning that a lower factor of safety can be considered--resulting in lower weight, lower cost parts that are still stronger and have longer life cycles. Accuracy means that an expert witness can pinpoint areas of concern, and can often nail down the why's and how's of a part failure. As discussed in previous issues of Courtroom FEA, this will often point the finger at the responsible party, be it designer, manufacturer or end user. Accuracy can mean reduced lab testing by concentrating the investigation on the suspect areas. Accuracy means credibility. FEA has internal checks that a good analyst needs to apply to verify the results. Hand calculations provide a rough estimate of the results, and the hand calculations and FEA had better match within their accuracies. If not, something is wrong with one or both of them, and the analyst had better correct that. Once they do match, hand calculations are an external check of the detailed FEA results. Hand calculations are good. But they aren't good enough in a high stakes courtroom battle.

         
    Courtroom fea does fea apply to my case

     

    Many attorneys hire metallurgists to study failures across many industries. Similarly, finite element analysis is regularly applied to a vast array of products. As discussed in previous issues of Courtroom FEA, FEA applies when something bending or breaking is an issue. The following collage presents some of the industries that FEA is applied to. The blue text lists some of the products the author has experience with (collage available at finiteelement/newsletter/CourtroomFEA_Vol03.html). FEA is a fairly recent discipline which allows the numerical solution of governing physical equations over complicated geometric domains. The method is regularly applied to the structural analysis of designs with complex geometries. The part being analyzed is divided into many small regions called "finite elements". The physical behavior within each element is understood in concise mathematical terms. Assemblage of all elements' behavior produces a large matrix equation, which is solved for the quantity of interest, e. g. the deformation due to a maximum loading condition. Additional quantities, such as stresses, are then computed. Commercial FEA packages are usually used, to insulate the user from the substantial programming required to perform even a simple analysis. Still, obtaining accurate results from any package requires an experienced analyst. FEA can, and will, deliver incorrect results to the inexperienced user, who will then make important design decisions based on this false information.

         
    Criminal background check

     

    Background checks are a useful screening and selection tool for companies. Of the many types of background checks, criminal background checks are routinely carried out by employers to ensure that they are not courting a risk of physical and mental trauma. In fact, in several states in the U. S, criminal background checks are compulsory for prospects who apply for positions in places such as nursing homes, educational institutions, and adult care centers. Firms that do background checks have access to records in county courthouses and databases in various states that contain information on those convicted or charged with felony, misdemeanor, or criminal act. Upon receiving a request from a client, the firm researches the county records of the individual’s place of residence. The information required for initiating a search includes the first, middle, and last names, social security number, date of birth, and county of residence. The results can be obtained from county, state, and federal resources. The most detailed information is usually obtained from the county courts; it can include criminal charges, dates, the sentence, and disposition. County courts also provide dockets and supporting information upon request. The amount and detail of information available in repositories across states in the U. S can vary. The information supplied will be a compilation of records gathered from police departments and the local courts. For information on criminal acts that take place outside a state or local jurisdiction, federal records are referred. The criminal activities covered in federal records include drug trafficking, dealing in stolen materials, kidnapping, arson, and dacoity. The time required for obtaining information from the county and federal records can vary from one to three days. The turnaround time for information from state records varies with the state. Background checks can also be requested from government organizations such as the Department of Justice. The information provided is limited to criminal history information and will not provide data on the status of immigration and consumer credit data. Since there is no national database on criminals, the most effective way of obtaining information on criminals is through person-to-person communication between the background check company and the court house. Although low-tech, this is a quick method for unearthing relevant criminal information about an individual with reference to a particular job.

         
    Criminal court records

     

    There are courts at the municipal, county, state, and federal levels, each with its own set of criminal records. A county may be considered as a province or a specific region, and there are almost 3000 counties in the United States. Each and every county court maintains its own set of criminal records. Normally the cases held at the county level include misdemeanors and felonies that are not reported at the federal level. Accessibility to county criminal records is relatively fast when compared to the records of state and federal courts. A person called a court record retriever takes 72 hours to retrieve information and search most of these records manually. Federal court criminal records include the data relating to drug crimes, immigration crimes, and crimes relating to weapons. It is highly difficult to have the accessibility of these records online. Even if a person has the accessibility, he can have the data only to a limited extent not covering the personal information of the accused and the witnesses. In the USA, federal court criminal records are compiled by a very popular agency called National Crime Information Centre (NCIC), which maintains computerized index of the criminal records prepared by the Federal Bureau of Investigation and other agencies. Employers routinely conduct federal criminal checks before employing potential candidates for some of positions. State court criminal records, on the other hand, have high accessibility via the Internet. Some state courts prescribe a range of fees for accessing their records online and some state courts do not. These records contain the data given by county indexes. These records also exclude the sensitive personal information of defendants like federal court criminal records. The best option in the hands of a searcher is to make countywide and statewide index search combined to have the full spectrum of the criminal record.

         
    Criminal defense attorneys

     

    If you have been accused of a crime, you know how terrifying it is to face the possibility of going to jail. The function of a defense lawyer is to represent anyone accused of committing a crime to the best of their abilities. A criminal defense attorney has many jobs. Questioning a witness in court is only a small part of his duties. The primary duty of a defense lawyer is to spend crucial time on a case to gather as much information as possible and to question valuable witnesses. In fact, a lawyer does not need to step into a court room to assist you in your case, because of their job is to negotiate with prosecutors, often resulting in reduced charges or lesser sentences for their clients. They also give their clients an objective opinion and tell them what is likely to happen. This is very important for defendants trying to decide whether to accept or reject a plea bargain offer from the prosecutor. When facing the possibility of having criminal charges brought against you, the prospect of finding the right lawyer may become overwhelming. If the police arrest you, talking to a criminal defense attorney is the most important thing you do, as soon as possible. It is an urgent priority, so that the lawyer can arrange for bail, and get you out of prison. The lawyer will also provide you with information about what will happen in the days ahead. Not everyone can afford to hire a private attorney to represent him or her in a criminal case. For those who cannot afford to hire a lawyer, a public defender will be assigned to them to handle their case, because has the right to have adequate representation when facing a criminal charge.

         
    Criminal defense lawyers

     

    Most people are not familiar with the law. The average person’s knowledge of the law is more than likely limited to what they see on television or read in newspapers and books. When they do get involved with the criminal law system they do not know what to do, or how to handle the situation. Because of this, the need for information and assistance from criminal lawyers is crucial for those wh are about to get involved with the criminal law system. The criminal law system can become a very intimidating and confusing process for everyone. Being prepared for the circumstances that may arise is a necessity for everyone. There are lawyers for any type of conceivable legal problem. In most cases, a lawyer will represent you or try to find you guilty of charges. If you lose, you stand to face time in jail as well as a substantial amount of money. If you are facing criminal charges, or if you are investigation by law enforcement your legal situation is totally different. In a criminal trial, you can lose your freedom for a very long time. Criminal defense lawyers (although paid a fee) do not deal in money, but in your personal future, whether it involves loss of your freedom or loss of a professional license. If you need the services of a criminal lawyer, you must make sure you find the right one for you. There are many advantages to this. First off, an experienced lawyer will more than likely command more respect from the prosecutor’s office and judge. A lawyer who has been involved with many trials may also be best at giving you advice on whether to go to trial or take a plea bargain. He or she will also be better at investigating your case, pre-trial motion work and obtaining an overall positive result for you. Make sure you find someone that will fight aggressively on your behalf. You cannot afford to lose your freedom just because you hired the wrong lawyer.

         
    Criminal injury claim are you serious

     

    Injuries due to criminal activities, can be one of the most complex and traumatic experiences that anyone can suffer. A criminal injury claim in these terrible incidents, can profoundly affect both the victim and the victim's friends and family, leaving both emotional and physical scars that can last a lifetime. Few people understand the sensitive and complicated nature of criminal injury claims and can sympathise with those who require the legal help often necessary after these incidents. Criminal injury compensation is especially unique and each case must be dealt with in a unique manner. Getting Started Can Be The Hardest Part The most difficult part of a criminal compensation claim, quite often, is coming to the decision to seek one. Serious crimes, that leave the victims injured both physically and mentally can have all sorts of impacts, depending on the person. Far too often, the victim chooses to put the incident behind them, without persuing for justice that they deserve because they feel that a court case will just make things worse. That's when a trusted compensation solicitor comes in handy. Because of the sensitive nature of these cases, a trustworthy and caring solicitor will be your best friend in the battle. If you feel comfortable with your injury solicitor, then you will be able to get the verdict and the compensation you've been hoping for. Together, you can turn this whole incident around and find the silver lining in the cloud. Don't Be Victimised! Fight Back! After suffering a criminal incident such as an assault, many victims tend to shun away and try to bury the memory, in hopes that it will go away. This, unfortunately, is probably the worst thing anyone can do, while we understand the trauma that has been suffered, we must push hard for a compensation claim, because it is the right thing to do. Allowing those who have hurt you to remain free from responsibilities is unacceptable. Finding the right accident compensation solicitor and taking those responsible to court is the right and justice thing to do, as you could possibly prevent them from assaulting others. From Victim To Victor! Take back your life and get the compensation you deserve. Go from being a victim to a victor and make them pay! Getting the compensation you deserve can be a turning point in this tiring time, but you must not forget to choose the right solicitor in your battle, it can mean all the difference in the final outcome. Start Today And Make Them Pay! If you are a victim of a crime and have been injured, and are still not convinced that an accident claim is the way to go, then please read the following: • If it was someone you cared or loved was hurt in a criminal activity, wouldn't you push hard for justice? • Even if the victim was reluctant and wanted to forget the whole thing, you would know better, because you cared and knew they weren't thinking clearly. • Not pursuing the compensation deserved can be a regretful decision, with many people coming to the realisation too late. • Don't become just another victim, just another statistic that is left to deal with the traumatic experience by yourself. • There are solicitors who care, who will fight hard and win for you, who are not only concerned with the bottom line, but getting their clients life back on track. • Don't hesitate, make the decision and take charge today, you won't regret it.

         
     
         
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