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    Free Essay
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    What is fair use

     

    Copyright 2006 Sharon Housley As the Internet matures, users and governments are struggling to manage controversial issues. Lets face it, the Internet did not exist when the US copyright laws were written;let us not forget, while many countries respect copyright laws, the Internet is global without a governing body. There are not only different laws, rules and regulations, but also jurisdiction issues. RSS didn't exist when copyright laws were written either. While ardent supporters feel any content in a feed can be syndicated, other equally fervernet publishers contend that original works are just that--original works, and in many countries protected by copyright laws. Much of the Internet is uncharted terroritory. There is no single agencies that has complete control over content or censorship, and it is unlikely that there will ever be a recognized body that regulates and agrees to terms and conditions to govern the online world. At this point, the location of webhosts and companies owning domains dictate what laws that are observed. In other words, if a company in the US or UK is violating a copyright and their host is in the US or UK, it will be easy to enforce copyright laws in the event of a violation and have the website content pulled. If the website is located on a server in a region that does not recognize or acknowledge the rights of a copyright holder, the web host will be less likely to cooperate in removing the offending content. Regardless of whether you manage an RSS feed or syndicate existing feeds, it is a good idea to become familiar with what constitutes fair use under copyright laws. Fair use allows portions of copy written material to be reproduced or republished without the consent or permission from the copyright holder. Determining protection can be complex. Fair use is often disputed, and it is difficult for legal scholars to understand, and even more difficult for publishers to decipher. When determining fair use there are a few questions that help determine whether a copyright violation has occurred. The questions you should ask are: Is the work protected? How much material is copied? What is the nature of the work that was copied? Is the individual reproducing the work profiting? How was the original works affected by being copied? When attempting to determine copyright protection, it is important to remember that the US copyright law does not require a notice to appear in order for creative works to be protected. The fact that the work is unique and is "created" is enough to ensure protection. Not surprisingly, creative works that contain a higher level of complexity have a higher degree of protection. The fair use doctrine is part of US copyright law and it allows for publishers to incorporate some copyrighted material into works without the expressed permission of the copyright holder. Resources on Copyright: Copyright Debate: small-business-software. net/the-copyright-debate. htm Copyright: copyright. gov/ Keep in mind that fair use is based on the belief that the general public and media are entitled to freely use portions of copyrighted materials. The fair use extends to commentary on the creative works, criticism of creative works, or even the creation of a parody that relates to the copyrighted material. Understanding the intent of the copyright laws help publishers interpret them.

         
    What shows up on a criminal record background check

     

    A criminal record background check can throw up a lot of information on an individual including previous arrests as well as conviction and non-conviction information. The information is obtained from Federal Fugitive files, files from the Department of Corrections prison, state criminal records, databases on sex offenders, and prison parole records. There are various agencies that perform criminal record background checks; these agencies have access to more than 200 million criminal records from all across United States, local courthouses, and the National Criminal File. The information revealed in criminal record background checks is of critical importance to employers of all kinds. Childcare institutions are extra careful about recruiting personnel and check if the prospect has a record for child molestation. Employers, such as infirmaries and hospitals need to make ensure that their workers do not have a history of violent behavior or drug abuse as they may be required to handle drugs. Industries that execute government contracts will not want employees with an anti-establishment disposition or with a terrorist connection. The information provided by a criminal record background check can also help neighborhood communities to get an idea about individuals planning to move in. The process of obtaining criminal record information consists of contacting a company that provides such a service; one should have a clear understanding of the type and extent of information required. This helps in obtaining the information quickly and at a lower cost. All the same, there are some free resources as well, such as the local police station that may be maintaining an online database of convicts and sex offenders. A standard criminal record background check includes the name, race, gender, D. O.B, number of offenses, date of conviction, risk level, and charges. The information provided can be used not only by employers but also by landlords who wish to do a background check on prospective tenants. This is because simple credit checks are no longer considered sufficient; it is perfectly possible for a person to have a good credit record but some other blot on his record. The growth of the Internet has resulted in burgeoning sex crimes and online frauds. Often face-to-face meetings set up after online acquaintance end up in an unpleasant experience for one party. This can be avoided by running a criminal record background check. At the same time, the Internet has also made it easy for people to look up the backgrounds of others. In fact, many databases provide criminal background checks for people not only in the U. S but also in Canada and the U. K. One should keep in mind that in order to avoid getting caught in a criminal case, a background check from a traditional agency should be obtained. A check done from agencies providing instant checks may not yield complete results.

         
    What to do if you are arrested

     

    If ever you find yourself in a situation where a law officer takes you into custody then you must realize that you have been arrested. It is important for every citizen to know what it means to be arrested and what their rights are. If you are arrested, the officer concerned will take you to a police station, jail, or any other detention facility. Then you will be permitted to contact your attorney. They will in accordance with the law be obliged to tell you why you have been arrested. Always ensure that your attorney is present when they photograph, you or take fingerprints of you, and if you are going to be produced before a magistrate for the official filing of charges. Be aware that you may be asked to participate in a line up, asked to give a sample of your handwriting, or provide samples of hair, blood, or urine. If questioned you have a legal right to remain silent as anything you say may be used against you in a court of law. It is important for you to consult with your attorney before answering any questions and if you cannot afford an attorney the court will provide you with one. When you are taken into custody the police will take your money and possessions like a watch, bracelet, or chain from you for safekeeping. You will receive a copy of the inventory and all things will be returned on your release. Depending on the reason for arrest you may or may not be released on bail. Release on bail means your depositing cash or bail bond in court as a security against your release along with an assurance that you will appear in court when summoned. If you have a good standing in the community then the magistrate may reduce the bail or even waive it. The thing to do is to stay clam, do not panic, and be polite and respectful towards the police officers and magistrates. Answer questions to the point. Try and remember what the arresting officers looked like, their badge numbers, license plate details and so on. Write things down as soon as you get a moment. You will benefit if there are bystanders watching. So encourage people to be present. Never act defiant or threaten about filing complaints. Never issue statements in the belief that if you cooperate they will let you go. Always ensure that you think before you speak and that too in the presence of your attorney. In case you are arrested in a foreign country ask to contact your consulate or embassy immediately. Never sign any forms or documents until they are vetted by a competent attorney. Never resist arrest even if you are innocent. Immediately provide your name, address, telephone number, immediate family contact details and the name of your employer. These will be essential to get bail. Keep your wits about you and things will go well.

         
    When do you need an attorney

     

    Bad things can happen to anyone at anytime. There are some mistakes that people make that do have consequences that come with them. Sometimes these mistakes can lead to court appearances and heavy fines added in. When this is a problem for anyone, it may be a good idea to talk to an attorney and find out your rights. It is always better to have someone else on your side when you get into trouble. There are many ways that you can find a good attorney. You can simply look in the yellow pages or online for a listing of the local attorneys in your area. You can call around until you find one that is willing to help you with your situation. Another way to find a good firm is to get referrals. You can ask around for some good advice from people that have used one before. This is usually a good way to get help with this kind of need. There are lots of reasons why someone may need to hire an attorney. It can be anything from a simple traffic violation to more serious things like assault or theft. Whatever the reasons may be, you should find an attorney that only handles certain kinds of law. For some attorneys they will specialize in a specific part. This is always going to be the best way to go when you are trying to get the best possible representation. Many times people may find that they need to have a family matter or real estate matter taken care of through the court system. When this happens, it is going to be required that you get an attorney to help you settle the matter. If you are trying to get something resolved by the law, you need to have the proper representation so that you can do your best at winning. Anytime you purchase or sell a home, you will find it necessary to have an attorney handle some of the paperwork. It is just the normal formality things that they have to settle. It is a lot easier on you when you find someone that knows this kind of work best. You will have a better time at getting everything handled in a timely manner. Most attorneys do require a retainer paid up front before they perform any services. This is going to be a fee that is usually a few hundred dollars. This will cover some of the up front costs so that they can get started on fighting your case. This is a formality so you should make sure that you could afford the attorney before you decide to choose them. Getting an attorney is going to be the best way to handle any legal problem that you may have. You should never go at anything alone and having someone on your side is the best way to make sure that you are taken care of.

         
    Whiplash compensation claims advice

     

    Whiplash Compensation Claims Advice Whiplash Injury is a sudden moderate to severe strain affecting the bones, discs, muscles, nerves, or tendons of the neck, which is composed of seven small bones known as the cervical spine. Symptoms may appear straight away or develop gradually over hours, days, or weeks after the injury. Symptoms of whiplash may include • Pain or stiffness of the neck, jaw, shoulders, or arm • Dizziness • Headache • Loss of feeling in an arm or hand • Nausea or vomiting Diagnosis Whiplash Injury can be difficult to diagnose because X rays and scans do not always reveal the injury and diagnosis is usually based on observation of symptoms, medical history, and physical examination Treatment is usually by way of medication, physical therapy, and supportive treatments. Severe whiplash may be treated with a surgical collar. Compensation The amount of compensation payable following a whiplash injury depends on the severity of the injury, the recovery period, and whether or not there are any permanent residual symptoms Medical History If you believe that you have suffered a whiplash injury in an accident it is important that you seek medical advice as soon as possible from either your General Practitioner or in more serious cases the Accident and Emergency department of your local Hospital. The medical record of your injury will used in part for the assessment of the value of your claim, and it is therefore important that the injury is documented as soon as possible after the onset of symptoms. ********************************************************************* If you need advice or would just like to speak to someone, please don’t hesitate to give Claims Master Group a call on 08000 71 22 71. The Personal Injury, Accident Claim, No Win No Fee, Whiplash Compensation Claims Advice specialists.

         
    Whose body is it anyway

     

    Would you like to turn over control of your health and viability - possibly your very longevity - to an understaffed, underfunded government bureaucracy? Doesn't appeal to you, does it? The FDA (U. S. Food & Drug Administration), which if you think about it for a little while, has extraordinary power over your personal well-being - may gain even more dominance over your destiny. The battle for world domination of your body will occur this fall in the august chambers of the U. S. Supreme Court. The foundation of the legal fight is the Vermont Supreme Court decision in Levine v. Wyeth. Diana Levine, a professional musician, was treated, in April 2000, for a severe migraine headache and nausea. Staff at the Vermont Health Center injected her with Phenergan, a nausea medication. They used her arm to administer the injection and the outcome was very disastrous: she lost her right arm below the elbow, and left the hospital an amputee. Levine sued Wyeth, which sells Phenergan, on the basis that the warning label on Phenergan - although it complied with FDA requirements - was inadequate. Levine won a jury trial and was awarded about $6.8 million. Wyeth appealed the decision because it wants to hide behind the FDA. The case went to the Vermont Supreme Court which ruled against Wyeth, saying, in essence, the drug manufacturer had a duty under state law to strengthen the warning label on the drug, regardless of the FDA's confusing, and sometime conflicting, regulations on when, or if, warning labels should be revised. The Politics of Pre-Emption At the heart of the upcoming U. S. Supreme Court battle is the concept of pre-emption: that federal law pre-empts the right of victims such as Diana Levine to sue for the damages inflicted upon them in state courts. The [supposed] logic is this: if the FDA has approved the drug, or medical device, and the label, then drug manufacturers need only to comply with the FDA's requirements to be granted sweeping immunity against personal injury law suits filed in state court for damages based for failure to warn. Or as the New York Times stated the drug companies are looking for "a legal shield" against being held accountable. Why is it that major corporations, and many of their Republican supporters, are always talking about accountability and responsibility, until it comes to them? The whole thing is scary. Here is an agency - the FDA - which is understaffed and not keeping up with technology - faced with the possibility of assuming even more control over our very being. USA Today published a story - citing an independent panel review of the FDA - which revealed that the agency has about the same size staff as 15 years ago. According to the article, Instead of being proactive, the agency (FDA) is often in "fire-fighting" mode. If the U. S. Supreme Court rules in favor of Wyeth, upholding the pre-emption rule, it takes away one of the major legal remedies the average U. S. citizen has when events such as Diana Levine's nightmare occurs. And yes, politics, notably the Bush administration, is solidly evident. The Bush Administration has moved stealthily to prevent state common law claims. In January 2006, the FDA adopted new regulations, the ultimate purpose was to torpedo efforts to allow personal injury claims to be heard by state court juries. The FDA said "it is the expert federal public agency charged by Congress with insuring that drugs are safe and effective and that their labeling adequately informs users of the risks and benefits of the product and is truthful and not misleading." Translation: "if we say it won't kill you, it won't kill you." And since when is the FDA in the job of insuring anything? These are the same folks who can even inspect imported food to make sure it is safe. Take all the extremely technical legal argument out of this and there is still the factor of human error, of an understaffed agency monitoring an exponentially growing number of pharmaceutical products, and the potential for this agency to slam the door in a citizen's face should a medical catastrophe occur. In May, the Congressional Committee on Oversight and Government Reform held hearings on the pre-emption issue. Chairman, Rep. Henry Waxman, said in his statement, that if the pharmaceutical managers, the FDA and the Bush Administration have their way in court, "...one of the most powerful incentives for safety, the threat of liability, would vanish." Whose body is it anyway? Yours, or the FDA's? Onward. Richard Alexander

         
    Why attorneys should consider using video depositions

     

    A typical scenario: you're a litigator or trial attorney preparing a case and you have a number of witnesses to depose, so you pick up the phone to call your trusty court reporter to arrange the depositions … but have you considered the advantages of using a videographer at the same time? There are many reasons to a video record a deposition: 1. If a key witness cannot attend a trial, a videotaped deposition can often be the next best thing. The judge and jury are not only able to listen to the witness (deponent), but also see the deponent at the same time. They can pick up on nonverbal communication that would often be critical on the stand: body language, hesitancy, vocal inflections, demeanor, volume, etc. None of these cues are available in a standard transcribed deposition. 2. Expert witnesses are often ideal candidates for video depositions. Because they are used to acting as experts, they generally know the right things to say, project an air of intelligence, are usually predictable, and are excellent at following lines of questioning. A good expert can convey an authority that surpasses the written transcript of a deposition. 3. Expert witnesses can be expensive to call to testify in person. A video recorded deposition is often the best alternative. It's cheaper, and the power of the witness is preserved because the demeanor and speech of the subject is on full display for the jury. 4. Under the right circumstances, using a video deposition to present background and foundational testimony improves the flow of evidence, eliminates calling witnesses out of order, and improves clarity to the jury. 5. Video depositions are more "interesting" to jury members. Juries are used to watching TV (who isn't?), therefore they pay great attention to TV. Oddly enough, sometimes seeing it "on TV" is more real than if the deponent were actually in the courtroom. 6. Video depositions can now be easily "synched" to CD or DVD and called up in the courtroom on the attorney's computer. Because the testimony is digital, any moment of the deposition can be instantly accessed and projected in the courtroom, no need to fast-forward tediously through a VHS tape like in the old days. And if the witness contradicts himself in court, the original deposition can be easily retrieved and used to discredit the new testimony. 7. Sometimes a particularly incriminating video deposition can precipitate a settlement. If the witness is particularly hostile or rude or invokes Fifth Amendment rights over and over, the plaintiff's attorney can be in an overwhelming position of strength and can negotiate a settlement before trial. 8. Studies show that jury members retain information up to six times longer when seeing witnesses and hearing them speak, rather than merely hearing a transcript read in court. As the expression goes, "Seeing is believing." 9. The opposing attorney may use video in court, causing you to appear "out of date" and out of touch with current technology. To be competitive, you need to use an arsenal of modern weapons in the courtroom. With today's technology, a video deposition is merely one of these advanced video weapons. As you can see, a video deposition can be a powerful tool in the courtroom and offers many advantages to transcribed depositions. Consider booking a videographer at the same time you schedule your deposition. You just may be glad you did.

         
    Why get an adoption attorney

     

    We live in a world governed by laws. These laws are there to give our chaotic world a sense of order. These laws may sometimes seem to only complicate things. However, the creation of these laws has one objective in mind and that is the assurance of the progress of civilization. The most miniscule things that we do nowadays have at least one law attached to them. Even adoption has specific laws attached to it. Gone, theoretically, are the days when a child left on your doorstep could be taken in as your own and no one would question your right to. The laws involving adoption are complex. You need help in order to guide you through the maze of words and terminologies and conditions. That's where an adoption attorney comes in. What are the advantages in hiring an adoption attorney? Here are some of them: 1. Specialization - as we all know, the law has a lot of aspects, and each aspect presents its own complication. While some lawyers may be gifted with the ability to successfully practice different types of the law, the fact is that you need someone who specializes in adoption. An adoption attorney brings to the table this specialization. This assures you that he is a master of the adoption game. That he/she focuses on this aspect of the law alone assures you that he/she has a very specific knowledge of it. An adoption attorney can help you much better than a lawyer-of-all-trades can. 2. Explanation - an adoption attorney will be able to reveal to you the different complications and solutions of adoption clearly. An adoption attorney can show you the big picture. With the help of an adoption attorney, you can understand what you are up against and how to get past every roadblock. A clear-cut explanation is what you need, not some vague reassurance that everything will be alright. This explanation can and will be provided to you by a good adoption attorney. 3. Plan - a good adoption attorney can help you formulate a plan in order to make your adoption work. He/she takes into consideration every potential problem and every probable solution. An adoption attorney plans every move and every contingency involved in your case. As they say, fail to plan and you plan to fail. 4. Contacts - a good adoption attorney, of course has contacts. Remember the adage "It's not what you know but who you know"? An adoption attorney can make use of those contacts in order to get you the best weapon that you can have information. Contacts can also help make the case easier for you. Two heads are better than one, after all. But how do you find an adoption attorney? Here are some tips: 1. Look early - if you are thinking of adopting, hiring an adoption attorney early in the game will help you with your plans. This way, he can help you with your plans right from the very beginning. 2. Talk to people - other people have experienced adopting. What you need to do is talk to different people in order to get their opinions on different adoption attorneys. This would get you a valuable in-depth look at the problems you might face in hiring an adoption attorney. It would also help you take advantage of any information regarding adoption.

         
    Why hire a personal injury attorney

     

    Before you can make a decision as to whether or not you should hire a personal injury attorney / lawyer, you first have to know what a personal injury case is. Most people think that a personal injury claim is a car or motor vehicle accident claim. While an injury sustained in an automobile accident where another was at fault would be a personal injury claim, there are many other matters that also fall under that heading. A personal injury attorney / lawyer handles matters where there has been a personal injury, either physical or emotional, which was caused by the negligence of another. If there was no negligence then there is no case. There must be negligence, whether intentional or unintentional, on the part of another, for a claim to be valid. In other words, you would have trouble making a case against your landlord, where you spilled water on your kitchen floor and then slipped and fell because of the water. However, if the landlord had failed to fix the plumbing under your sink and the water was on the floor because of leaky plumbing then you may, I say may, have a case. There are other variables that could come into play and you would need to seek the advice of a good personal injury attorney, in order to determin your rights. There are many matters other than car accident matters that can many times be included under personal injury, IE: slips and falls, workplace accidents (after a workplace accident you may be covered under workers compensation or disability but you may also have a personal injury claim), injuries caused during a storm or power outage, airplane, bus and train crashes, construction accidents, fires, food poisoning, drug or vitamin overdoses, animal bites, getting beat up, robbed or otherwise injured inside or outside of a business, medical malpractice and even malpractice by an attorney. There are many variables that can come into play in determining negligence and many times you may think that there was no negligence on the part of anyone when there actually was. I myself, know of a case where a party was struck by a car while riding a motorcycle and injured severely. He settled with the driver and the driver's insurance company for the $100,000.00 maximum of the driver's insurance policy. This settlement did not even begin to cover his medical bills. Some time later, a personal injury attorney, while speaking with a member of the injured party's family, found about the case and was asked to look into it for the family. The injured party was broke and paralyzed. The attorney did some checking and then agreed that, even though the man had accepted the settlement, there might still be a case. He then hired my detective agency and another to do further research. Finally, he filed a law suit against the car driver, the drivers insurance company, the motorcycle manufacturer and others. I won't go into the whole case, but suffice it to say that he went to trial and ended up obtaining a verdict against several of the parties, including the drivers insurance company and the motorcycle manufacturer, for several million dollars and the injured party is no longer broke. I might add that the attorney took the case on contingency and advanced, out of his own pocket, all of the expenses including court costs and investigation fees. The point of the foregoing is that if you have been injured, you should seek the advice of a competent personal injury attorney even if you don't think that there is anyone at fault. Only a good experienced personal injury attorney can attempt to make that determination.

         
    Will riches come from your invention submission

     

    Copyright 2006 Stellar Force When you have an earth shaking idea, you want to protect it. The reason, of course, is you want to reap the financial rewards from the idea that you came up with. Money Barriers There are 4 barriers that you must get through to get to the money on the other side: 1. Is your idea original with you? Often, what you think is your original idea, was actually patented previously. To answer this question, you need to perform a patent search. A good patent search will define what has been patented, that is related to your invention. It can also help you decide how to position your patent between the patents already issued or pending in your subject area. 2. Can you afford the cost of a patent attorney to prepare the patent for you? If you can't afford the $10,000-$20,000 that a patent attorney will charge to do the whole job, you can do much of the process yourself and save money. However, there are parts of the patent that are essential for a patent attorney to perform. The most important of these are the claims. If the claims are not correctly done, then the patent will likely not be defendable. Strong patents are worth much more money! 3. You must pay the patent office fees for you invention submission. The government fees are something that you can't get around. Now the waiting begins. It may take up to 2 years before your patent is actually issued. Part of the delay, may be requirements for adjustments to the filed patent by some whimsical patent agent. You must be prepared to make the necessary adjustments that are requested by the patent office. If you don't respond to their requests in a timely manner, your patent application will be considered abandoned. At least you now have patent pending status. 4. Is your patent commercially feasible? What if you have spent your money and your time to get a patent, and no one feels it is valuable? A little market research before you begin the invention submission patent process is a very good idea. A few questions that you might want to ask are: "What is the demand for your product?" "Are the other products out there that can do the same thing?" "Can it be sold for a price that will yield a satisfactory profit after costs?" If you really have faith in your revolutionary idea, then it may be worth exploring whether it will be able to cross the above barriers. The cost that you incur to overcome each of these barriers is your bet that your patent will be a financial success. Your submission of your invention to the patent office may just be your ticket to financial security!

         
    Women and divorce

     

    By Janine A. Barbera Esq. of Law Offices of Barbera & McElhone P. C. - Miller Place, NY It has been said that Divorce is worse than Death. Death of a spouse is a painful wound that begins to heal after the funeral. A Divorce however, will take months or years to reach closure. Eventually these wounds will heal as well but the mourning period of the death of a marriage can linger on for many years thereafter. Why is divorce different for women? Whether it was she or her spouse that initiated it, guilt will be a womanA?s initial emotion. Our traditional role as keeper of the household will force her to question everything she did or didnA?t do in the marriage and tend to blame herself for the failure of the relationship. The next emotion she will face is anger. Women tend to get angry only after they have finished feeling guilty. A womanA?s anger must be used constructively therefore; a counselor or trained psychologist is often the best person to consult with prior to or in conjunction with obtaining an attorney. Continuing in their role as caregiver women will consider what is best for the children before she will think of what is best for her. In seeking out the best interests of her children, women think as mothers first and women second. Therefore it is imperative that women seeking divorce hire an advocate who understands her duel needs and looks out for all of her interests as woman and mother. Divorce is a painful process but it must be remembered that it is also part of the game of life. All players have roles and perceptions are everything. A good attorney will be able to advise her client as to how the game is played and what she needs to do to insure a favorable outcome. A good attorney is an excellent negotiator and a strong advocate for her client. Good attorneys do not make their living litigating every case, but succeed instead by bringing cases to fair conclusions as expeditiously as possible. In choosing an attorney a woman must feel completely comfortable with the attorney. She must have a sense of simpatico that cannot always be put in words and most importantly feel complete trust. The outcome of a divorce is usually a life-altering event. The agreement reached will rule for years and in the event there are children continue to bind the couple for many years thereafter. Interviewing potential attorneys is an important first step in the process. A good attorney will not shy away from tough questions nor will they guarantee success. As with all important decisions check the appropriate agencies such as the local Bar Association, and question the attorney about his or her accessibility. Finally make sure the attorney you are hiring is the attorney you will see in court. Many larger firms have associates who handle the case after the retainer is paid to the name partner. Ask to meet any attorney who may handle your case. The Law Offices of Barbera & McElhone, P. C. handles Divorce and Family Law cases. Janine A. Barbera is an experience matrimonial attorney who will handle your case from the initial intake to its ultimate conclusion. divorcelawli

         
    Xbox murder

     

    It happened on August 6, 2004. A gruesome murder. At approximately 1am, six individuals were stabbed and then beaten to their deaths. The murdered victims were Michelle Ann Nathan, 19; Erin Belanger, 22; Francisco Ayo-Roman, 30; Anthony Vega, 34; Roberto Gonzalez, 28 and Jonathan Gleason, 17. Most of the victims were asleep when the attack occurred. According to reports, the victims did not fight back. What in the world could have caused the heartless criminals to violently kill the aforementioned and two small dogs? The shocking answer is a Xbox game. The murderers were squatting at one of the victim’s grandparent’s vacant home. When the Xbox game and some clothing were removed from the home, where they were staying illegally, the boys became enraged. A clerk at Wal-Mart told investigators that the band of criminals was joking and laughing about killing people. The crew bought baseball bats—this was just two days before the heinous crime. What happened next was simply gruesome. That was almost two years ago. The trial, which had to be moved due to excessive media coverage, is about to get underway. The prosecution is adamant about seeking the death penalty if the defendants are convicted. To bolster their case, they managed to get one of the crew to flip. His name is Robert Cannon, 19, and he’s going to spill the beans about the destructive events on that fateful August morning. In exchange, Cannon will serve a life sentence. The other three are Troy Victorino, 29; Michael Salas, 20 and Jerone Hunter, 20. The group is facing six counts of first-degree murder, five counts of mutilating a dead human body and many other felony offenses. Troy Victorino has been labeled as the ringleader. Just before the fatal attacks, he was arrested for beating his friend in the face with a walking stick. Victorino was released on a pitiful $2,500 bond. He was now free to coordinate and strike again. Due to the bloody evidence in the prosecution’s possession, one can assume that the defendants stand a very good chance at receiving capital punishment if convicted. Since Robert Cannon flipped, the prosecution has a very good case. It will be an uphill battle for the defense. The trial is expected to last about two months. This trial was moved, due to the overwhelming media coverage, to St. Augustine.

         
    8 Types of personal injury accidents

     

    : If you have suffered bodily injury such as a broken bone, cut or bruise due to the negligent acts of another, you may have a personal injury claim. You are entitled to bring a personal injury lawsuit against the negligent party for monetary compensation for your losses. By far the most common types of personal injury claims are due to automobile accidents. Other types of accidents that can result in personal injury include: Automobile accidents Trucking accidents Motorcycle accidents Bus accidents Defective vehicles Wrongful death Animal bites Slip and Fall More than one person may be responsible for your injuries. Depending upon the circumstances of your accident, an employer of the negligent party may be responsible as well if the person was on the clock at the time of the accident. It is a good idea to contact an experienced San Antonio Personal Injury attorneyto make sure you get the compensation you deserve for your injuries and pain and suffering.

         
    10 Ways to identify if your lawyer is right for you

     

    An ideal lawyer will not just have a string of impressive credentials or gold lettering on his door. He or she will be caring, concerned, and devoted to their work. You need to think carefully before laying your trust in a lawyer after all in some cases your life, future, money or property will be in his hands. Apart from doing extensive research to short list possible lawyers you must ensure that there is not conflict of interest, that you understand everything the retainer agreement states, and that you have checked the references and details regarding the practice. You will know the lawyer you have chosen is the perfect one if: 1. He makes an effort to spend time to understand your case himself. He will not assign a legal assistant to take facts of the case down. 2. From experience and knowledge he will know what is relevant and what is not. He will set aside and ignore irrelevant facts, opinions, and personal emotions that cloud the case on hand. 3. He will insist that the footwork for the case be done thoroughly. All facts must be checked for accuracy and solid arguments jotted down with backing of earlier rulings. 4. He will not just focus on the problem at hand but examine the problem from all sides. This will create a complete picture highlighting all factors of relevance and the different ways one can approach the case. 5. He will use his foresight and anticipate moves by the opposition or opinions of the jury or judge and plan way ahead. Like a master chess player he will plan the case not by the day but by many hearings ahead. 6. He will not waste time beating around the bush or create verbose statements—many words strung together which look impressive but mean nothing. He will insist that the case and its arguments be clearly stated. 7. He will be self-disciplined, thorough, and self confident. Courteous at all times he will respect you as well as all the staff who work for him. 8. He is recommended by not just his friends and relatives but by other professionals of good standing and from his field. 9. He will not just present to you his victories but be happy to tell you why and how he lost certain cases. 10. He will lay the cards on the table and tell you clearly whether your case stands to win or loose. He will not claim that winning is guaranteed. He will be honest and upfront about his opinions and advice. The bottom line is that the lawyer must be worthy of your trust. Use your inborn instincts and don’t go by the lawyer’s good looks or fancy car or office. After all it is competence in law and in court that is of essence to you.

         
    A href http www. compromiseagreement. org. uk compromise agreements a and tax

     

    : If you have been offered a Compromise Agreement to terminate your employment, you must ensure that your solicitor understands how payments will be taxed. Often the agreement can be worded differently to save you money. In this article, Andrew Crisp, an employment law solicitor, explains how it works. The basic position is that compensation for loss of employment is not taxable up to a maximum of £30,000.00. This includes any redundancy payment. Any payments due under an employment contract are taxable. This will include salary up to the date of termination, payment for accrued but untaken holiday as well as bonus and commission payments. But what happens when the Compromise Agreement provides that the employee will receive a sum of money instead of working a notice period? This is known as a Payment in Lieu of Notice (PILON). If the employee works the notice period, the salary is taxed in the normal way.  Unfortunately, the position is less clear with a PILON. Is it taxable as a payment under the employment contract or is it a tax free compensation payment for loss of employment? The issue is determined by whether or not there is a clause in the employment contract allowing the employer to make such a payment, known as a PILON clause.  If there is no PILON clause in the employment contract, the position is straightforward. Any PILON in the Compromise Agreement is not classed as a payment under the employment contract.  The employer is deemed to be breaking the employment contract by not allowing the employee to work his notice.  The payment is classed as compensation for breach of the employment contract and can be paid tax free up to £30,000.00.  The position is different if the employment contract does contain a clause allowing the employer to make a PILON.  If an employer has a discretionary right to make a PILON and chooses to do so, the payment will be subject to tax.  It is deemed to be a payment made under the employment contract. If however the employment contract gives the employer the discretion to make a PILON but the employer chooses not to do so and pays compensation instead, it may still be deemed to be taxable as a PILON.  This is more likely when the compensation payment is substantially the same value as a PILON would have been. Compromise Agreements often state unnecessarily that tax will be deducted from the PILON. When you choose a solicitor to advise on your Compromise Agreement, you must ensure that they are fully familiar with the way that termination payments will be treated for tax. It may be that, with a bit of re-wording, you could save thousands of pounds!

         
     
         
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