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An appeal is a review by a higher court of a lower court's or agency's final judgment or decree. In most cases an appeal is not a new trial, and no new evidence will be accepted. The only information the appellate court will consider on appeal is:
- the written or recorded transcript of the hearing or trial
- any items offered as evidence at the hearing or trial
- the documents in the court or agency file
- the written briefs filed in the appeal
Appeals from Justice Court to District Court
An appeal of a justice court decision goes to the district court, and results in a trial or hearing de novo. De novo means the matter is tried all over again. This is different from other appeal procedures, in which the appellate court does not hear evidence. A Notice of Appeal must be filed with the justice court within 30 days of the entry of a justice court order or judgment.
Criminal/Traffic Cases
- Notice of Appeal From Justice Court (criminal/traffic cases) - PDF | WordPerfect
- Utah Rule of Criminal Procedure 38 and Utah Code Section 78A-7-118 describes the process for appealing a justice court decision in a criminal case.
- Utah Rule of Criminal Procedure 27A governs the process to request a stay of a sentence pending an appeal from justice court to district court in a criminal case.
Small Claims Cases
- Notice of Appeal (small claims cases) - PDF | Word
- Utah Rule of Small Claims Procedure 12 describes the process for appealing a small claims case.
- Utah Rule of Civil Procedure 62 governs the process to request a stay to enforce a judgment pending an appeal in a small claims case.
- See the Small Claims web page for information about appealing a small claims case from justice court to district court.
Appeals from an Administrative Agency to District Court
Some administrative agency decisions are appealed to the District Court. See our Appealing an Administrative Agency Decision page for information and forms.
Appellate Rules
The Utah Rules of Appellate Procedure (also called Appellate Rules) explain the procedure in appeals cases. The Rules specify the deadlines for filing documents, spell out how documents must be formatted, and provide other important information. Be sure to read and follow these rules carefully.
The current Appellate Rules are available on the court's website. The Rules are also published in Utah Court Rules Annotated, which is available at all of Utah's law libraries and at some public libraries.
Appellate Pro Se Guides
- Child Welfare Appeals
- Pro Se Guide: Appeal Procedures for Child Welfare Appeals - PDF
- Pro Se Guide: Appeal Procedures - PDF
- Pro Se Guide: Petition for Writ of Review (Agency Review) - PDF
- Pro Se Guide: Procedures for Filing Petition for Writ of Certiorari - PDF
Appellate Forms
- Appellate forms on appellate rules page
- Notice of Appeal From Justice Court (criminal/traffic cases) - PDF | WordPerfect
- Notice of Appeal (small claims cases) - PDF | Word
- Waiver of Court Fees
Appellate Briefs
Briefs are the written arguments of parties stating the reasons why the appellate court should rule in their favor.
Examples of briefs submitted in other appeals can be helpful. Briefs are available from these sources:
- The Utah State Law Library collection of briefs includes Utah Supreme Court (1929 and 1940s-current, docket # 4922-4932 and 6190- ) and Utah Court of Appeals (1986-current). This collection is the most comprehensive post-World War II collection of briefs in Utah.
- Use the Utah State Law Library's Document Delivery Service to request copies.
Less comprehensive collections of briefs are also available at:
- BYU's Howard Hunter Law Library (lawlib.byu.edu)
- Online via BYU's Howard W. Hunter Law Library website. Coverage is selective; begins in 1990.
- University of Utah's S.J. Quinney Law Library (law.utah.edu)
- Utah State Archives (1888-1940s)
Briefs can be used as examples of what your brief should look like, but you must be sure to follow the requirements specified in the Utah Rules of Appellate Procedure. Remember that the arguments in a brief are specific to that appeal, and may not apply to your situation.
Briefs can also be used as a legal research tool. They contain legal arguments designed to persuade the court by analyzing legal issues and citing legal sources. If you have found decisions of the Utah Supreme Court or Utah Court of Appeals that are similar to your case, library staff can help you look up the briefs to see what those parties argued.
Appellate Mediation
The Utah Court of Appeals created the Appellate Mediation Office to allow parties an alternative method of resolving their disputes. Unlike litigation and arbitration, mediation is not an attempt to judge the merits of the dispute and render a decision. Mediation is an attempt to assist the parties in understanding their interests, assessing their risks, and negotiating a mutually acceptable resolution.


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Job seekers are often told to safeguard their social media accounts to insure that they aren't viewed during the job search. While this can be wise advice, there is another side to the story:
Using social media to ADVANCE your job search (and your career).
With the majority of professionals (and people in general) on social media sites such as Twitter, Facebook, Instagram, etc. these days, being "unsearchable" via social media may be more trouble than it is worth. When I can't find someone through social media, I sometimes wonder why–are they making all accounts super private because of something inappropriate? What's going on?
While it is a great idea to "clean up" your Facebook or Twitter accounts so that potential employers don't get a negative impression, you can also use social media to your advantage. I use my Facebook, Twitter, and Pinterest accounts to post (publicly–so that "everyone" can see) any major accomplishments, such as receiving a promotion or presenting at a conference. I also post information about events that my office organizes or articles relevant to my field.
I work in a field that offers great work/life balance but also a good integration of professional and personal life. Many of my colleagues are Facebook "friends" so I post appropriate personal information as well, like recently buying a home, becoming engaged last year, and birthdays of my nephews and nieces.
I've had many Proactive Professional readers find me on Facebook, LinkedIn, etc. I've also received emails from professionals who Googled me and found my website and Facebook page. When this occurs, I am grateful that my public Facebook reflects positive things in my life, an interest in my field, and the work I'm doing in career counseling.
Consider going beyond protecting your Facebook from colleagues, supervisors, or potential employers. Instead, use social media to your advantage by creating a "brand" for yourself online. Using social media proactively may convince potential employers or current supervisors that you'd be a great fit within their company–or are ready for a promotion.

subset: commoncrawl


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ASPCA President & CEO Matthew Bershadker (right) on location at a dog fighting bust earlier this year.
By ASPCA President and CEO Matt Bershadker
The holidays are a big distraction this time of year, but all the more reason to keep our eyes on the ball – and in this case, on neglected horses in need.
As you may know, in November, our Field Investigations and Response (FIR) Team traveled to Spokane, Washington, to assist Spokane County Regional Animal Protective Services (SCRAPS) with the sheltering and daily care of 63 horses seized as part of an animal cruelty investigation.
So while many of us were celebrating Thanksgiving, the FIR team was on the ground helping to provide continuing care for these severely neglected animals (among many ASPCA staffers on the job that day). Sixty-two of the horses are responding well to treatment and are in recovery, while one, sadly, did not survive.
The negligent owner is still missing; a hearing to determine custody of the horses will be held on December 16. But our priority continues to be the health and welfare of these animals. We can't undo their suffering, but with your support we can show them care and love, and put them on a brighter path.
Rescuing this many large animals is, of course, no easy task. So my big thanks go to SCRAPS, to the ASPCA field teams who put these horses before their own holidays, and to you as well for making such important work possible.
Want to stay up-to-date on our Field Investigations and Response (FIR) cases?
Sign up to receive our weekly newsletter, ASPCA News Alert - you'll receive important updates on what's going on and how you can make an impact to save animals' lives!
Today the ASPCA Equine Welfare Ambassadors issued an open letter [PDF] in response to recent developments in ongoing litigation brought by several animal welfare organizations to halt horse slaughter for human consumption in the United States. While an emergency injunction in a U.S. Court of Appeals has temporarily stalled horse slaughter plants from opening on American soil, that injunction could be lifted at any moment. The Ambassadors are calling on all animal advocates to take action to stop the inhumane slaughter industry by supporting the Safeguard American Food Exports (SAFE) Act and promoting responsible horse ownership, rescue and adoption.
The ASPCA Equine Welfare Ambassadors are respected equestrians and horse experts committed to animal welfare—and include several ASPCA Maclay National Champions and journalist and author Jill Rappaport. They are urging Congress to pass the SAFE Act to ban horse slaughter in the U.S. and transport to slaughter outside the U.S. once and for all.
As individuals who revere, care for, and work with horses, they can speak to the importance of humane treatment of these special animals. They have joined with the ASPCA in promoting and supporting the work of the robust network of horse rescue organizations across the country. Having witnessed undercover footage showing repeated cruelties in past American, government-regulated horse slaughter plants, the Ambassadors state in the letter:
We have seen the horrifying video and photo documentation from past horse slaughter plants that were on American soil and government-regulated—horse slaughter is utterly, unmistakably inhumane . . . [C]ommercial slaughter is not about providing a kind death. It's only about destroying as many horses as quickly as possible and making a fast profit.
The letter also acknowledges food safety concerns as another reason to ban horse slaughter.
It goes on to state:
For the roughly 130,000 horses that suffer at the hands of slaughter annually—a fraction of the 9 million horses in America—we have the power to take back the reins and lead at-risk horses to safety. Let's refuse to allow commercial slaughter to be a convenient way out, and instead demand responsible ownership and promote rescue and adoption, just like we do for dogs and cats.
Read the full letter here [PDF]. Then contact your Members of Congress in support of the SAFE Act.
The ASPCA's Field Investigations and Response team is currently on the ground in Spokane, Washington, assisting Spokane County Regional Animal Protective Services (SCRAPS) with the sheltering and daily care of 63 horses seized Nov. 15 as part of an animal cruelty investigation.
ASPCA responders will remain in Spokane, an ASPCA Partner Community, for at least the next 30 days to nurse the horses to health before their placement with various rescue groups for adoption. The ASPCA is also providing a $5,000 grant to SCRAPS to help cover expenses related to the horses' care.
SCRAPS officials discovered the severely emaciated and dehydrated horses, who had no access to water or acceptable food, on an abandoned property. Eleven horses in critical condition were taken to a local veterinarian for immediate medical attention. The remaining horses are being cared for at the Spokane County fairgrounds by SCRAPS and ASPCA responders. Agencies assisting the ASPCA with care and sheltering include: Days End Rescue (Woodbine, Maryland); Code 3 (Longmont, Colorado); Equine Emergency Rescue Unit (Overland Park, Kansas); and Washington State Animal Response Team (Enumclaw, Washington).
Local authorities have issued a warrant for the arrest of the property owner on charges of animal cruelty in the first degree and transporting or confining animals in an unsafe manner. The suspect has a history of animal cruelty charges, but has ceased appearing in court for proceedings related to these prior charges. Her current whereabouts are unknown.
If you've given to the ASPCA recently, from the bottom of our hearts: thank you. Caring for this many horses is an enormous undertaking and a huge commitment, but we are determined to be there for animal victims of cruelty whenever they need us. If you haven't yet given to the ASPCA lately, please consider doing so today. On behalf of animals across the country, thank you!
Max, a former champion living in Arizona, was healthy and happy before his owner was forced to give him up.
As the deadly snow storms that have already hit the Great Plains illustrate, winter is coming. It won't be long before much of the country is buried under a blanket of white.
This is the time of year equine rescues, sanctuaries, and community hay banks serving needy horse owners stock up on hay for the entire winter. The ASPCA assists these groups through grants made possible by our members' compassion and generosity, ensuring that horses don't suffer and starve.
One such group is the Arizona Coalition for Equines (ACE), which received a $3,000 grant from the ASPCA in November 2012. These are just a few of the lives ACE was able to touch with that funding:
- Slammed by foreclosure on her home and forced to move after the death of her mother, a woman living on disability ran out of money to feed her two horses. She turned to ACE for a helping hand, saying she would rather feed her horses than herself. ACE responded with a month's worth of hay and settled her unpaid feed bill, giving her time to get back on her feet. Her horses remain in excellent condition.
- A disabled veteran on a fixed income asked ACE for help when his horse became unable to walk. Sometimes feeding his horses before himself, he was desperate to get veterinary care but unable to pay the upfront costs. With ACE assistance, a veterinarian did a complete examination and diagnosed thrush, a front hoof abscess and a possible pelvic injury. Treatment provided immediate relief.
The greatest success story belongs to Max, a 30-year-old former champion show horse (pictured) who had been owner-released to a commercial stable due to financial hardship. His former owner was devastated when he went to visit Max months later and found him close to death—he had been left to starve. The man reached out to ACE, which rescued Max and covered the cost of his foster care until a new forever home was found.
As you budget your holiday spending and pick out the perfect gifts for everyone on your list, please remember the horses—as well as the cats and dogs—who are out in the cold this winter. If you haven't done so lately, please consider making a gift to the ASPCA today. You'll assist animals like Max who are bracing for winter and waiting for our help.
When ACE rescued Max from a commercial stable, he was emaciated and starving from severe neglect.
The ASPCA is saddened by the loss of one of Congress' most dedicated animal welfare advocates: Representative C.W. Bill Young (FL-13). As the longest serving Republican in the U.S. House of Representatives, Rep. Young led a career filled with compassionate actions for animals.
Rep. Young was well known for his dedication in the fight to stop the brutal practice of horse slaughter. In addition to his consistent support of authorizing legislation, like the SAFE Act, to ban horse slaughter, Rep. Young was also a staunch ally to horses on the House Appropriations Committee. In June of this year, Rep. Young cosponsored an amendment to the Agriculture Appropriations bill for 2014 that would prevent federal dollars from being spent on horse meat inspections, language that would keep horse slaughter plants from reopening in the United States. Thanks to his leadership, the amendment was swiftly adopted into the FY 14 Agriculture Appropriations bill by the committee.
Rep. Young, a member of the Congressional Animal Protection Caucus, advocated for many animal welfare issues during his 42-years of service in Congress. A longtime leader on legislation to combat puppy mills, Rep. Young joined as an original cosponsor of the PUPS Act this Congress, legislation that would close loopholes in the existing law and improve conditions for dogs in commercial breeding establishments.
In addition to his leadership on these key efforts, Rep. Young supported many other animal welfare initiatives over the course of his career, including legislation to combat animal fighting, stop horse soring, and protect America's wild horses.
The ASPCA is grateful to Rep. Young for his many years of compassionate service in Congress, and remembers him for standing up in defense of our nation's animals. His memory and legacy will long be cherished.


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Fuzzbox (full name: We've Got A Fuzzbox and We're Gonna Use It) formed in 1985, and the album from which today's Track of the Day came, Bostin' Steve Austin, saw release the next year. Bostin' Steve Austin was produced by Robert Lloyd, formerly of post-punk group The Nightingales, who signed Fuzzbox to his Vindaloo Records after only their second performance. Lloyd was joined on this track in production duties by prolific British record producer Martin Rushent, probably best-known for his production work with The Buzzcocks in the late '70s. 1986 also saw the group's inclusion in the seminal British compilation C86, to which they contributed their song "Console Me."
The group had some commercial success in the UK—particularly with today's track, which cracked the top 40—but disbanded after their second album, 1989′s Big Bang!, in which they abandoned their proto-indie leanings (and their namesake fuzzbox) and opted for a more straightforward dance-pop style (see: "Pink Sunshine"). Although I'm willing to go to bat for some of the material on it, you'd be forgiven for sticking with their first album.


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Deze pagina is geprint van de Greenpeace Belgium website.
In October of 2001, in a joint operation with IBAMA, Greenpeace discovered mahogany taken illegally near the river Carajari, in Pará state. They found 8000 cubic metres of logs. A team of IBAMA officials "raided" the area to arrest the illegal loggers.
© © Greenpeace / Daniel Beltra
1 - 12 van 1088 resultaten.


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Mosquita y Mari
Yolanda and Mari have only known loyalty to one thing: family. When Mari moves in across the street from Yolanda, they maintain their usual life routine, until an incident at school thrusts them into a friendship and into unknown territory. As their friendship grows, a yearning to explore their strange yet beautiful connection surfaces. Lost in their private world of unspoken affection, Yolanda's grades begin to slip while Mari's focus drifts away from her duties at a new job. Mounting pressures at home collide with their new-found connection, forcing them to choose between their obligations to others and staying true to themselves.
Cast: Dulce Maria Solis, Venecia Troncoso, Laura Patalano, Joaquín Garrido, Fenessa Pineda
Produced by:
Directed by: Aurora Guerrero
Written by: Aurora Guerrero
Running time: 1hr 25min
Opens: Aug 03, 2012 NY
|Theaters for Today
Pick a day
on this day.


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The story was corrected on July 12, 2013. An explanation follows the story.
A Bethesda institution since 1929, Eastham's Exxon Servicenter stopped selling gas in September of last year.
And now the corner parcel at 7100 Wisconsin Ave. that hosts the landmark gas station is one step closer to its new life as the site of a luxury apartment building. On Thursday, the Montgomery County Planning Board approved the latest preliminary and site plans for the Washington Property's plans for the property. .
The building, on a little more than a half-acre, will feature ground-floor retail space and a high-rise with 145 apartments.
The units will be mostly one and two bedrooms, with a smattering of three-bedroom and studio apartments. The retail space will be from 6,000 to 6,500 square feet, according to documents.
The property is at the corner of Woodmont and Wisconsin avenues and the site is L-shaped, with its longest side along Woodmont Avenue.
It is within walking distance of the Bethesda Metro station, the future Purple Line station, the Capital Crescent Trail and many restaurants and stores.
Although the master plan calls for the height on the site to be capped at 75 feet, the developer was able to get approval for 120 feet in exchange for making 15 percent of the apartments available as so-called moderately priced dwelling units.
The building will not uniformly be 120 feet in height; it will step down to 45 feet on Woodmont Avenue.
A commissioned art piece by Alan Binstock is expected to be installed near the intersection of Woodmont and Wisconsin avenues, said C. Robert Dalrymple, a lawyer with Linowes and Blocher, which represents the developer.
Dalrymple described the sculpture as a multilayered glass and resin piece, which "at different times of the day — based on the sun — looks like it's dancing."
Part of the approval hinged on the developer committing to enhancing nearby Eastham Park, at the corner of Woodmont Avenue and Leland Street.
Explanation: The original version misspelled the last name of C. Robert Dalrymple and misstated the location of Eastham Park.


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Designer - Packaging - London
- Recruiter
- Spectrum
- Location
- London
- Salary
- £80,000 - £120,000
- Posted
- 07 Jan 2013
- Closes
- 07 Feb 2013
- Ref
- Sector
- Agency, Advertising / Creative Agency, Design / Branding Agency, Strategy / Innovation / Insight
- Specialism
- Hours
- Full Time
- Contract Type
- Permanent
We are looking for a specialist. Someone who knows that they are absolutely brilliant but is being dragged down by employers who will not pay them what they are worth. You are not appreciated and the land of broken promises is beginning to draw near! We hear it all the time. Time top get out.
This is a brilliant opportunity to combine a top Branding Consultancy. They will provide you with the most intelligently shaped strategic briefs imaginable! We are talking about backing a world class innovation team and the launching of major new brands - not a bit of refreshing here and there. These guys are not looking for people who are currently freelancing and they want at least 3 years with the same employer to part with a £100k cheque.
They want the strongest book imaginable. These guys love what they do and talk endlessly about their passion for it. Their toes curl when they see one of their new brand names doing well on the shelf. So do their big FMCG and Drinks clients. This is as high profile as it gets. As I say we are looking for a specialist. London.
To apply for this great Designer`s role click the `apply now' button below.
More jobs like this
- Senior Management / Board / CEO FMCG Design Agency jobs in London (Central)
- Senior Management / Board / CEO FMCG Design Advertising / Creative Agency jobs in London (Central)
- Senior Management / Board / CEO FMCG Design Design / Branding Agency jobs in London (Central)
- Senior Management / Board / CEO FMCG Design Strategy / Innovation / Insight jobs in London (Central)


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Lisa Bloom Isn't Impressed by Your 'Swagger'
There's a lot to be said for Lisa Bloom, the fiery civil rights attorney, television legal contributor, and best-selling author. A tireless advocate for those victimized, Bloom follows in the footsteps of her iconic mother Gloria Allred in taking on institutions that devalue life.
Her first book, "Think: Straight Talk for Women to Stay Smart in a Dumbed Down World," was met with glowing reviews in 2011. Only one year later, Bloom has returned with the hard-hitting "Swagger: 10 Urgent Rules for Raising Boys in an Era of Failing Schools, Mass Joblessness, and Thug Culture."
She took time out of her intensely busy schedule to discuss the new book with EDGE and talk a bit about the challenges facing boys in the 21st century.
EDGE: Congratulations on "Swagger" becoming the top-selling parenting book in the country! What inspired you to write a book dedicated to boys?
LISA BLOOM: Thanks! Last year I wrote my first book, "Think: Straight Talk for Women to Stay Smart in a Dumbed-Down World," all about how tabloid media, reality shows and the beauty industry have such a negative influence on women and girls, and what we can do to push back and reclaim our brains. I have spoken to groups all over the country about this. Afterwards, many parents would ask my thoughts about the problems facing boys.
My reaction was, ignorantly, "What problems?" So many people persisted in this question that I began to look into it. I decided to write an article about it. As I continued to research the latest social science - how boys are medicated, disciplined, suspended and expelled far more often than girls... That the majority of our Hispanic and African-American boys drop out of high school, that four times as many young men are incarcerated today than when I was a kid - I was appalled.
I spoke to parents, teachers, administrators, many boys and young men, and kept researching and writing about what I found. The article turned into the book, "Swagger." I wanted to alert parents about how harsh our country has become towards our boys who falter, and give concrete, practical steps any parent can use to raise smart, successful sons.
EDGE: How do you think the culture of "swagger" became so prevalent?
LISA BLOOM: I call the book "Swagger" because "swagger" is the most common song lyric of the last decade, across all genres: rap, hip hop, even the Jonas Brothers are singing about it! It's also the #1 attitude modeled for boys in movies, TV and games they love. Every boy I spoke to knows all about swagger - but few parents do. Swagger is an attitude of overconfidence, often crossing the line into arrogance.
For example, American kids rank #25 out of 30 developed countries in math. But in one area they are #1: confidence. And the research is clear that overconfident kids do worse in school, have more emotional problems, and are more likely to take dangerous risks, drink and do illegal drugs. In the book, I advocate a return to the lost value of humility. The Bible says, "With humility comes wisdom." And the social science bears that out.
Calling out Justin Bieber
EDGE: You recently called out Justin Bieber for his careless remarks demeaning school and reading. What are some ways parents can make reading a joy for boys who think it isn't "cool"?
LISA BLOOM: Parents must always model the behavior they want to see in their kids. "Do as I say, not as I do, kid," has never worked, and it still doesn't. Reading is so critical to your kids' future it can hardly be overestimated. Parents, you must read for pleasure in front of your kids. Model for them that reading is a pleasure. After dinner, turn off all those toxic screens: TV, computer, video games, "anything with an on/off switch" as they say on planes. Plop down on the sofa with your book, and invite your kid to grab his book and join you. Read the great parts out loud. Groan when you're called away to do something else. Take family trips to the library or bookstore for author events.
I have a twelve page list of "Books Boys Love" at the end of "Swagger." Connect your boy with books in his area of interest. Your library is bursting with them.
EDGE: Minority males experience illiteracy at a much higher rate than their white counterparts due to socio-economic factors and struggling schools. The consequence are especially dire for African-American males. How can parents and the community help address this problem?
LISA BLOOM: "Dire" is right. In "Swagger" I talk about public school teachers in low income areas who go online to beg for books for their first graders. Shame on us for putting them in that position.
The answers for African-American parents are the same as for all of us: speak out loudly and often about your values; make your home a reading mecca; eliminate the competition (screens) as much as possible in your home; set college expectations early; and all the other rules in my book.
I visited schools in low income areas in New York and California where kids had phenomenal literacy skills. Parents and teachers worked closely together to set high expectations for their kids. It can be done, and is being done, when we make literacy, and numeracy - math literacy. a priority.
EDGE: You quote a disturbing fact most people probably don't know: More African-American men are imprisoned now than were enslaved at the time of the Civil War. Why is this not talked about?
LISA BLOOM: Probably most people don't know that, and so many other important facts about what's going on today. In my research last year, I found that college students could name more Kardashians than wars we are in.
The mass incarceration of our own citizens is a hideous problem. We imprison more of our own people than any other country on earth, and more than any country in human history. Many can't vote when they get out, so politicians have no reason to care about them. Our incarcerated citizens, 93% are male, come from poor communities who get little attention to begin with.
And we shame them and their families, even after they're out and have "done their time," by making it next to impossible to get jobs, business licenses, student loans, even food stamps. That's how punitive we are: not even food stamps. I heard from a young man whose dream of becoming a nurse was blocked by an old marijuana possession conviction. And now he's unemployed, living on a friend's couch, depressed and suicidal. Our drug laws are intensely cruel.


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Computer Programmers
Also called: Analyst Programmer, Computer Programmer, Programmer, Programmer Analyst
In the military: see titles from the Air Force, Army, Marine Corps, or Navy.
In the Air Force: Computer Systems Programming Apprentice; Computer Systems Programming Craftsman; Computer Systems Programming Helper; Computer Systems Programming Journeyman
In the Army: Information Protection Technician; Information Services Technician
In the Marine Corps: Cryptologic Technician Collection; Cryptologic Technician Technical; Information Protection Technician; Information Services Technician; Information Systems Technician Submarines; Mass Communications Specialist
In the Navy: Communication Intelligence Collection Signals Analyst; Cryptologic Technician Collection; Cryptologic Technician Technical; Information Systems Technician Submarines; Mass Communications Specialist; Signals Intelligence Collection Analyst and Reporter
- Correct errors by making appropriate changes and rechecking the program to ensure that the desired results are produced.
- Conduct trial runs of programs and software applications to be sure they will produce the desired information and that the instructions are correct.
- Write, update, and maintain computer programs or software packages to handle specific jobs such as tracking inventory, storing or retrieving data, or controlling other equipment.
Engineering and Technology
Arts and Humanities
Math and Science
Basic Skills
Problem Solving
People and Technology Systems
Ideas and Logic
People interested in this work like activities that include ideas, thinking, and figuring things out.
They do well at jobs that need:
You might use software like this on the job:
Development environment software
Object or component oriented development software
Web platform development software
You might like a career in one of these industries:


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Julian, Vista, and Otay Mesa in the house
Brew Project: Beers from every corner of the county under one roof
Ian Anderson 5 p.m., Sept. 1
Pretzel sticks
Image posted by Patrick Henderson
January 2, 2014
Ian Anderson 5 p.m., Sept. 1
Don Bauder 4:30 p.m., Sept. 1
Ken Harrison 3:30 p.m., Sept. 1
Matt Potter 2:30 p.m., Sept. 1
Dave Rice 12:30 p.m., Sept. 1
Garrett Harris noon, Sept. 1
Ian Anderson 11 a.m., Sept. 1
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Probably too late, but here goes.
If galvinizing or any coating at all was not in your work agreement, how are you responsible?
Next, electrogalvinize is crap. It should have been sandblasted and hot dip galvinized. Again not your problem, but you can point a finger.
I would work with the customer, tell him that, and then ask for records of the finishing work. Probably the customer is just looking for options. And remind him that next time, you will be using stainless steel.
Did you do the final install? If so you might just be liable.
Results 11 to 20 of 23
Thread: Am I Liable
06-15-2013, 10:38 AM #11Nothing welded, Nothing gained
Miller Dynasty700DX
3 ea. Miller Dynasty350DX
Miller Dynasty200DX
ThermalArc 400 GTSW
MillerMatic200 with spoolgun
Lincoln SP-170T
Linde UCC305 (sold 2011)
Hypertherm 1250
Hypertherm 800
PlasmaCam CNC cutter
Fadal Toolroom CNC Mill
SiberHegner CNC Mill
2 ea. Bridgeport
LeBlond 15" Lathe
Haberle 18" Cold Saw
Doringer 14" Cold Saw
6 foot x 12 foot Mojave granite
This is true, but they might also be looking for a way to get you to fix it on your dime and not theirs. This would fall under the clause of, if it works great, if it doesn't, we didn't lose anything.
I would first find out if ANY kind of engineer/arct worked on it. If they did then some type of finish would have been called for. Even if it was drawn by a company and not used. If they just "rigged" an idea into a thought, into a proposal, into a job then have then show that they told you what finish would have gone on it.
Also, this is why I like email. It gives everything a third party time/date stamp.
06-18-2013, 01:21 PM #13Senior Member
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- Nov 2007
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- Central Idaho
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- 205
Would you go to an attorney for welding advice? So why would you go to welders for legal advice?
Trailblazer 250g
22a feeder
Lincoln ac/dc 225
Victor O/A
MM200 black face
Whitney 30 ton hydraulic punch
Lown 1/8x 36" power roller
Arco roto-phase model M
Vectrax 7x12 band saw
Miller spectrum 875
30a spoolgun w/wc-24
Syncrowave 250
Thanks for every ones input.
Mikes Welding, I did contact an attorney friend, but just as MMW said, I would like to know if any of you have run into this type of a problem and if so what did you do so I can pass info onto my attorney.
Shovelan, Yes I did the finish product, I rebuilt it the same way that it was originally built back in the 70s.
06-19-2013, 03:16 PM #16Senior Member
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- Nov 2007
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- Central Idaho
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07-08-2013, 05:49 PM #17Junior Member
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- Jan 2013
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Am I Liable
It's not your fault it's rusting, it's mother natures fault! If someone falls because of a broken weld, you can be liable!
07-09-2013, 05:39 AM #18Senior Member
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- Sep 2006
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- 316
Have you contacted your material provider? That would be my first reaction. If the provider is willing to stand behind their product then your butt is covered, except for the cost of your labor and that will be something to negotiate with the provider.
The upside of getting the provider involved is they have the legal expertise you need. They have to defend their products daily and have all the arguments.
It also gives your customer someone to go after with much deeper pockets than yours.
I am in the middle of a minor skirmish with my galvanizer at this point. They have the arguments down pat but we both understand it is not unlike buying a used car, arguments are negotiations.
07-09-2013, 06:10 AM #19Member
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- Jul 2008
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- 36
Not being more than a hobby welder I can not comment on the welding aspects of this situation. However having been sued in the past in a product liability case I can tell you that Mikeswelding's advice while it might have sounded snarky is spot on.
What I learned from being sued is this-and it is what most people myself included do not know. Under 'tort law' which is the civil law most states follow is the FRENCH court model- where you are automatically guilty and have to prove your innocence vs ENGLISH law that we use for criminal law. So if something fails it is assumed defective and YOU have to prove it was not.
The fact stated about some vs all galvanizing in a court room would show prior knowledge of a potential problem (aka defect) and it was not addressed. What would typically happen is the jury would rule in the favor of the plantiff- if they believed you wanted it galvanized-but were over ruled both of you would be found guilty and in my state they would also determine percentage of responsibility. So if the person over ruling you had more responsibility for the project they would be assigned a higher percentage of 'guilty' and pay more in the settlement but you will also pay something for your neglect and liability.
Bottom line is -if it goes to court it will cost you something. That is the bad news- the good news is if you are insured most times they (insurance company thru their lawyer) will try to settle out of court, no one likes to go in front of a jury-too unpredictable. While you may prevail and be found not guilty in front of jury, most likely they will award something. Insurance company wants to control how much they pay out. Likewise the plaintiffs lawyer wants to know he is getting something for his client and settling out of court-prevents a jury from lowballing.
So best of luck if it goes to court hopefully some kind of solution can be reached between all parties. You most definitely want to talk to a lawyer to help reduce your exposure for future jobs and develop a means to better protect yourself.
07-09-2013, 02:02 PM #20Senior Member
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- Nov 2007
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- Central Idaho
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131RE is right about tort law. In fact, the word "tort" is French for "wrong or harm."
With regard to lowering one's risk profile (and do not take this as legal advice), I always included wording on my invoices that stated explicitly that the work was done "as specified by the Buyer" or "in accordance with design specifications." Therefore, if you are not an engineer or architect by training, then under tort law it would be exceedingly difficult to be found negligent.
You can go even further by disclaiming any warranty, express or implied, as to the suitability of the work.
However, as always, check with an attorney for the best "disclaimer" language.
Also, as 131RE stated, any legal action is going to go in search of "deep pockets," and most small welding outfits I know would not fit that description.


text:
Testicular cancer is a disease in which cancer cells grow in one or both testicles. The testicles are a pair of male sex glands that make and store sperm. The testicles also make male hormones. They are located under the penis in a sac-like pouch called the scrotum.
There are three main types of testicular cancer:
- Seminomas
- Nonseminomas (yolk sac, embryonal cell carcinoma, teratomas, and choriocarcinoma)
- Stromal cell tumors
Treatment will vary depending on the cell type.
Cancer occurs when cells in the body divide without control or order. Eventually these uncontrolled cells form a growth or tumor. The term cancer refers to malignant growths. These growths can invade nearby tissues including the lymph nodes. Cancer that has invaded the lymph nodes can then spread to other parts of the body..
It is not clear exactly what causes these problems in the cells, but is probably a combination of genetics and environment.
Risk Factors
Testicular cancer is more common in men aged 25-35 years. It is also more common in Caucasians. Other factors that may increase your risk of testicular cancer include:
- Personal or family history of testicular cancer
- Abnormal testicular development, such as that seen in Klinefelter syndrome
- Undescended testicle that did not move down into the scrotum before birth
Testicular cancer may cause:
- A painless lump or swelling in either testicle
- Enlargement or swelling of a testicle or change in the way it feels
- Feeling of heaviness in the scrotum
- A dull ache in the lower abdomen or groin
- Fluid in the scrotum that appears suddenly
- Pain or discomfort in a testicle or in the scrotum
- Lower back pain (in later stages of the cancer)
- Enlarged breasts
The doctor will ask about your symptoms and medical history, and perform a physical exam. Tests may include:
- Blood tests
- Ultrasound—a test that uses sound waves to find or examine tumors
- Excisional biopsy—removal of testicular tissue to test for cancer cells
Once testicular cancer is found, tests may be done to find out if the cancer has spread and, if so, to what extent. These imaging tests of the body may include:
The physical exam, combined with all test results, will help to determine the type and stage of cancer. Staging is used to guide a treatment plan. Testicular cancer is staged from I-III. Stage I is a very localized cancer, while stage III indicates a spread to other parts of the body.
Cancer treatment varies depending on the stage and type of cancer. Options include:
Surgery requires removing the cancerous testicle. This is done through an incision in the groin. The surgeon may also remove nearby lymph nodes to check for metastasis.
Radiation Therapy
Radiation therapy is the use of radiation to kill cancer cells and shrink tumors. Radiation therapy for testicular cancer directs radiation at the abdomen from outside of the body.
Chemotherapy is the use of drugs to kill cancer cells. Chemotherapy may be given in many forms including: pill, injection, and via a catheter. The drugs enter the bloodstream and travel through the body killing mostly cancer cells, but also some healthy cells.
If you were born with undescended testicles, having surgery to correct this condition may reduce your risk of getting testicular cancer.
There are no specific guidelines for regular screening by a doctor or for self-screening in men who do not have any symptoms. However, the American Cancer Society recommends that your doctor at your routine cancer-related check-ups should do a testicular exam. No studies have been done that look at the benefit or harm of screening for testicular cancer. Discuss screening with your doctor, especially if you are at high risk for testicular cancer.
Keep in mind that if you notice any symptoms of testicular cancer, such as a lump or swelling in the testicles, it is important that you see your doctor for an evaluation.
Revision Information
- Reviewer: Mohei Abouzied, MD
- Review Date: 08/2014 -
- Update Date: 09/30/2013 -


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