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Driving Should Be a Pleasant Experience
I've never been a fan of driving. It's one of the more terrifying experiences of every day life that I think most of us take for granted. More people die on the road than of any other leading cause of death. When we get into a car and merge onto the road with hundreds of other drivers every day, we're putting our lives in both our hands and their hands. Do you trust strangers for your life? I certainly don't! It makes me wonder how many car accident claims are made every single day – it has to be a astronomical amount of them.
I Don't Trust the Dentist
I hate going to the dentist because it's never a pleasant experience for me. They always poke and prod at my mouth with their harsh tools and it just doesn't feel good. Unfortunately, I had to go one day because I was having a tooth ache. The dentist told me that I had a cavity that needed to be drilled. This was a red flag to me, so I asked for an x-ray, which confirmed it. I agreed to have the cavity drilled and filled, but things didn't got the way I expected, and I needed help from harcourtlegal.com/no-win-no-fee/.
The dentist gave me something to sedate me while he worked on my tooth.
Japanese Immigration Laws
- In Japan, citizenship is determined by blood relationship. If either parent is a Japanese citizen at the time of birth, the child becomes a citizen. If the birth takes place in Japan to non-Japanese parents, both parents must be without citizenship status in any other country or be of unknown status, in order for the child to be considered a citizen. Anyone holding citizenship in another country must renounce either their foreign or Japanese citizenship between the ages of 20 and 22
- Certain persons can become naturalized citizens. They must maintain a residence in Japan for at least five years, have no record of unlawful behavior and be at least 20 years old when applying for citizenship. They must be gainfully employed or otherwise able to support themselves. They must also renounce their foreign citizenship.
Traveling to Japan
- Traveling to Japan for pleasure or business from the United States requires a passport but does not require a visa for visits of 90 days or less. Arrivals are granted temporary visitor status and must not engage in paid employment. Many other countries have reciprocal visa arrangements that allow travelers to remain for up to 90 days without a visa. Before applying for a work or student visa, the visitor must get a Certificate of Eligibility from the Ministry of Justice. Some visitors who arrive without visas can be granted temporary permission by an immigration official to enter the country.
Student Visas
- For students, Japan grants permission to remain for a period of six months to two years, depending on the educational level. Applicants must provide proof of funds that allow them to stay in Japan and support themselves. Students also can apply for a work permit that grants permission for them to work for a maximum of 28 hours per week. Anyone living in Japan with a student, work or residency visa must register with the authorities and carry a gaijin card, formally known as a Certificate of Alien Registration. For this, the applicant must have a bank account and a cell phone.
- Foreigners who wish to remain in Japan indefinitely can apply for eijuken, or permanent resident status. They must apply while living in Japan, and must have already lived in the country for at least five years. There is also a class of long-term residents who fall within one of several groups, including the descendants of Japanese citizens living abroad and refugees.
Work Visas
- Japan grants work visas for up to three years. There are various classes of work visas. For example, actors and athletes can visit for up to one year, and diplomats can stay for as long as they are posted to the country. To obtain the visa, the visitors must have a valid job offer from a Japanese employer. They can change jobs as long as the new position falls within the employment category of the visa
Immigration Laws for Turkey
Laws Regarding Tourism
- Visitors to Turkey must obtain one of the two types of tourist visas: Turkish single entry and Turkish multiple entry. The single entry allows foreign nationals to enter the country once and is good for three months. The multiple entry, however, allows foreign nationals to enter several times, as long as it is within the time period when the visa is valid, and it is also good for three months. Be aware that you can only stay in Turkey for 30 days; any longer period requires a residence or student permit.
Work Laws
- To work in Turkey, you must first obtain a work permit, which can be obtained at the Turkish embassy or consulate. To obtain this, you must first have an offer of employment. You will also need to obtain a work visa and a residence permit. The visa must be applied for within 90 days of taking up residence, while the residence permit must be applied for within 30 days.
Residence Laws
- If you plan on remaining in Turkey for more than 30 days, you will have to obtain a residence visa and a residence permit, which can be obtained at Turkish embassies and consulates. Before entering Turkey, be sure to specify the entire duration of your stay on the visa. Residence permits are good for one year, although they can be extended by permission of the local authorities.
Laws Pertaining to Students
- If you plan on pursuing schooling in Turkey, you can also apply for a student permit, which allows foreign nationals to both pursue work and study. These permits allow foreign nationals to work as seasonal workers or other part-time laborers, and they must work at least 10 hours a week (or work full-time during the months of June, July and August).
Occupational Restrictions in Turkey
- Although you can occupy several occupations within Turkey, there are some that are prohibited for foreign nationals. According to Turkish immigration law, to protect the general welfare, foreign nationals are not allowed to practice such professions as law, dentistry and medicine, nor are they allowed to work at heating, water and lighting installation locations.
Turkish Point System
- To track and prevent foreign immigration, Turkey has implemented a point system that is very similar to that in the United States. The law stipulates that only those who have special skills are able to work in Turkey; thus, workers are assigned points based on such criteria as their qualifications, age, work experience, etc. However, there is also room for non-skilled workers to find employment in Turkey for specific vacancies.
Current Immigration Laws of the US
- United States immigration refers to the process of non-U.S. citizens moving to the United States. Throughout history, immigration has been a difficult process. Initially, this was because of the physical difficulties of getting across the ocean to come to America, but also because of racial prejudices that made it difficult for people from certain countries to become citizens. Today, though the process for citizenship is long, the United States accepts more immigrants as permanent residents than any other country.
- The first step in immigrating to the United States is to obtain a visa. There are several different classifications of visas which allow for different activities in the country. People traveling on vacation to the United States can get a Tourist Visa, for example. People who enter the country with a valid Tourist Visa are usually allowed to change their status to permanent residents or temporary workers.
Permanent Resident
- After transferring their visa, a person can become a permanent resident and be eligible for a Green Card. A Green Card is proof of permanent resident status. Being issued one means that a person has the right to live and work in the United States. Also, people who are permanent residents are able to apply for full citizenship after a certain period of time. Aside from transferring visas, people can be eligible for permanent resident status through work or through marriage to a citizen.
- Full citizenship is the final step in immigration and usually comes after a period of permanent residence. Once a person achieves full United States citizenship, they have the full rights that are given to any other native citizen. In order to become a citizen, a person must be able to speak English, pass a United States Citizen test, and have a favorable opinion of America, among other qualifications.
- Before achieving full citizenship, immigrants can be deported from the United States back to their home country. Deportation can happen for a number of reasons. It is important to follow the appropriate steps and to get the proper approval and documentation before immigration to the United States, because improper paperwork can lead to deportation. For example, people can be deported if they do not file their visas correctly. It is important to follow each step carefully. Also, people can be deported for committing crimes while in the country on a visa or a Green Card, so knowing and obeying the laws are also important.
Canada Immigration Laws
Basic Requirements
- Although each immigration class is different, some requirements apply to all immigrants. All immigrants are required to submit to medical and criminal background checks, and must demonstrate knowledge of English or French. The immigration process can take up to two years.
Canadian Experience Class
- This class of immigration allows temporary foreign workers with two years of skilled work experience in Canada and graduates of Canadian tertiary schools with one year of skilled work experience in Canada to apply for immigration based on their ability to assimilate quickly to Canadian society.
Business Immigrants
- People who wish to start a business in Canada outside of Quebec may apply for immigration as investors, entrepreneurs or self-employed people. The first two classes have business experience and minimum net worth requirements, while the third class requires cultural, athletic or agricultural experience.
Provincial Nominees
- Individual provinces except for Quebec may nominate people who have the education, experience and skills to contribute to the province's economy. Prospective immigrants must apply to provincial authorities in order to be nominated. Requirements vary according to the economic needs of the province.
Family Sponsorship
- Those with spouses, dependent children, grandchildren, conjugal or common law partners, and certain other family members who are Canadian citizens or permanent residents may seek immigration to Canada through sponsorship by a family member. Spouses, conjugal or common law partners, and dependent children receive priority in consideration.
Skilled Workers and Professionals
- This class of immigration applies to those who wish to work and live anywhere in Canada except Quebec. Skilled workers and professionals are admitted for immigration if they possess education and work experience, generally in occupations for which there is a shortage of qualified Canadians. In many cases, immigrants in this class are admitted without prior job offers if they demonstrate the financial ability to support themselves while seeking employment.
Quebec-Selected Skilled Workers
- Quebec has its own system for selecting skilled workers for immigration based on education, experience and the potential to make an immediate contribution to Quebec's economy. Proficiency in French is more important for this immigration class than for other classes. Applicants must petition the provincial government, receive approval and then apply to the Canadian national authorities for immigration.
Jamaican Immigration Laws
- Visas are required of all persons who wish to move or work in Jamaica. Some foreign nationals are required to obtain a visa in order to visit Jamaica. All visa applicants will be required to complete the visa application and obtain a passport, additional passport photos, and any additional documentation that may be requested by the Jamaican embassy or consulate. All of these documents must be submitted to the Jamaican embassy or consulate nearest your place of residence.
Travel Requirements
- All travelers are required to have a passport and a return ticket. Failure to submit this information at the Jamaican port of entry to the Jamaican immigration officer can result in immediate deportation from Jamaica.
- In order to be able to apply for citizenship, you must several requirements meet before you can change your immigrant status. These requirements include financial standing, strong character and proof that you have contributed to the Jamaican society. In addition to these requirements you must also have lived in Jamaica 12 months prior to the date that you apply for citizenship, have lived in Jamaica no less than four years of the last seven years, and have stated that you intend on staying in Jamaica for a prolonged period of time.
Citizenship can also be granted through relatives of Jamaican citizens. If you are an adopted child to Jamaican parents or your spouse is Jamaican, or if you can prove that you are from Jamaican decent, you are eligible for Jamaican citizenship.
Find out how to get compensation for an injury caused by others
One of the most difficult things to decide after you've been in an accident is the attorney who will represent you. The accident you were in may have harmed you seriously. If this is the case, then you need an able and determined injury lawyer Toronto to help you get justice.
An injury lawyer Toronto is the one to call if you have been injured and believe you have the right to remuneration. An injury lawyer can fight for your rights and ensure that you get every penny you deserve. Defending your claim to a just suitable settlement for the injuries you've received is what such lawyers do.
A tough, disciplined Toronto injury attorney can provide you the kind of representation you need to get the justice you deserve. You don't have to accept what happened to you. You can fight to do something about it. An injury lawyer Toronto can help you claim compensation for the accident you were involved in. Don't be a victim of someone else's recklessness. By contacting and hiring a personal injury attorney you send a message to those who have wronged you that you are ready to fight for the compensation you are owed.
Indeed, working with an injury attorney can give you the comfort of knowing that you have an experienced litigator on your side. Such attorneys can help you resolve the situation you are in. A lawyer can help you devise a legal strategy that will get you justice—that will make it so that the persons who did this to you pay what they owe. If you have been injured and it wasn't your fault, then a Toronto injury attorney can listen to you and advise you on how best to proceed.
Hiring an injury lawyer will be of great benefit to you while you are fighting for justice. Indeed, you may not even need to go to trial. Your attorney may be able to push the person at fault into a negotiated settlement. This can save all parties involved a great deal of time and money.
Even if you are able to pursue the settlement option, you need a legal mind at work to advise you on the best moves to make. This can be especially important when trying to maneuver in ways which put the law on your side instead of the side of your opponent.
It has never been easier to find a Toronto injury attorney who is willing and able to help you. The place to begin is the worldwide web. The web will allow you to make direct contact with a lawyer who will listen to your concerns and help you put together a sound plan for the redress of your legitimate grievances. A Toronto injury lawyer can be found on the web, and the services he or she offers can be evaluated for its relevance, value, and efficacy regarding the particulars of your case. In difficult times, such a lawyer can be just what you need to get the solutions you need—justice and compensation from those who have caused you pain, suffering, and time out of work.
Find out all that an injury lawyer Toronto can do for you. There is no reason for you to have to deal with your injury alone. Get the details by going to our website.
Processors of the Record Suspension At Canada
What makes a man qualified for a Canadian criminal acquittal? Is it the minor way of their past crimes? That they finished their full sentence term and parole? In truth, it's a tad bit of every one of these things. Whether the individual searching for an acquittal is a shoplifter or sentenced homicide, under the ebb and flow law any individual who has been indicted an offense under the government law can apply. In any case, the law has as of late been fixing as to limiting the giving of absolutions.
There have for some time been thundering for the Canadian lawful framework to take care of its laws concerning the discipline of culprits and a year ago the Harper government took it upon themselves to do only that. Charge C-23 was drafted to change the Canadian pardon framework into the Canadian record suspension framework and was part into two sections – C-23A was passed a year ago in June and C-23B is as of now being pondered in parliament. So before C-23B passes, what is required to get a Canadian criminal absolution? There are three sorts of record suspension in Canada of which you can be sentenced – rundown offenses, half and half offenses and indictable offenses.
Outline offenses are the minimum genuine, incorporating being accused of requesting the administrations of a whore and insignificant burglary. They are attempted just by a judge, and individuals who have been accused of a genuine synopsis offense, (for example, certain sexual offenses or sorts of attack) are qualified to apply for an exoneration five years after their sentence and parole is up (Bill C-23A having raised the holding up period from three years). Less genuine outline offenses are still ready to hold up just three years before applying for an acquittal.
The second kind of offense is the half breed offense, which implies the Crown can choose to attempt the wrongdoing either as a genuine indictable offense or as a more minor synopsis offense. Crossover violations incorporate driving hindered and ambushing an officer and are qualified to apply for an exoneration relying upon which level of seriousness they were attempted at. Indictable wrongdoings are the most genuine violations, just ones, for example, homicide and genuine rapes qualified for absolutions. They are attempted by a judge or jury, and are qualified for a Canadian pardon ten years after their full sentence is finished – Bill C-23A having raised the holding up period by five years!
After the holding up period – protracted by C-23A – is up, the individual can apply for their Canadian criminal exoneration. Be that as it may, it is unrealistic to get acknowledged unless one has additionally been "of good direct" in the earlier years paving the way to the application and one can demonstrate that having an absolution is totally essential for propelling their restoration and life.
That being said, the advantages of allowing so as to reintegrate the individual into society them to pass standard criminal record checks when applying for employments, protection or volunteer positions, without a doubt considers vital for propelling their restoration. The exemption to these principles are individuals applying for criminal exculpations who have been sentenced indictable sexual offenses – their applications are inspected by two Parole authorities rather than one and incorporate a considerable measure of substantial police conference which is not accomplished for other people. Additionally, sex guilty parties are still red-hailed when applying for record suspension or volunteer positions with "powerless" persons, for example, youngsters or the handicapped – pardon or no exculpation.
Workers' Compensation – Reasons Which Makes Your Claim Gets Denied
Actually, workers' compensation is a type of insurance policy, which provides medical benefits to employees, and is paid to them if he/she gets injured on the job and also gives a right to employees to sue their employer in case of negligence.
As it provides benefits, at the same time, many employees' claims are denied, because of many valid reasons, but the most frequently used is a non-compensable injury. Well, all injuries are not non-compensable, but there are some in which you cannot make a claim for it. In some cases you also need a well experienced lawyer, who is an expert in handling such type of case and gives you the best consultation. The work injury lawyers Los Angeles have a successful track record of dealing with such type of case.
Types of non-compensable injuries
- Deviation
Injuries to employees, which are within the scope or course of employment, are covered by the workers' compensation, and that ones that are caused while acting outside are not covered. Basically, scope or course of employment means any kind of activity, which is related to the employers work or profession, and is performed by the employee for the advancement of the employer's business.
But sometimes, employees deviate for their normal duties, and if they get injured at that location where he/she is not authorized, then their claim will not get accepted.
- Travelling from or to work
Any injuries that are caused during travelling from or to work will not come under workers' compensation.
- Intoxication
Employees injured because of voluntary intoxication by alcohol, glue, paint, etc. are not covered. Blood Alcohol Level will determine the level of intoxication from alcohol.
- Intentional injuries
Workers' compensation only covers unintentional injuries. If the cause of injury is intentional, then it will not treat as workers' compensation injury.
- Acts of God
Natural disasters like earthquake, floods, tornadoes, etc. are all results from acts of God, and any injury because of such disasters will not covered as workers' compensation injury.
Sometimes the insurance company will deny the claim stating some reasons, which are very confusing for the employees and these are:
- Non compensation injury
It means that the requirements of that insurance company for being covered in workers' compensation injury are not met.
- Unexplained injury
Your claim totally depends on how you explain the cause of injury, and if you explain it with valid reasons, then only your injury will be covered as workers' compensation.
- Pre-existing injuries
Many times you have heard that the claim is not given to the employee for his pre-existing injury means your injury at work will only be covered not your pre-existing injury.
- No supporting medical documents
This reason is used when you refuse to provide your records to your insurance company, as they have the permission of checking your medical records and medical history related to the claim.
- Failure of reporting
It's advisable to report your injury immediately otherwise your claim will deny.
Now, you will have the proper knowledge, whether your injury will be covered or not and also hire a lawyer in order to at the safer side.
How Chapter 13 Works and why it is preferable than Chapter 7 Bankruptcy?
There are different kinds of bankruptcy and each one has its own benefits and drawbacks. If you do not meet the criteria for Chapter 7, then the best choice would be to file under Chapter 13. Even though many debtors meet the criteria for Chapter 7 bankruptcy, they opt for Chapter 13, as it offers them several benefits, which does not exist in Chapter 7.
When Chapter 13 is a preferable option?
This Chapter is preferable if the debtor –
- Wants to repay the unsecured debts (all or most part) and is able to do it in a reasonable time.
- Has nonexempt property that could be lost if filed for Chapter 7
- Is not entitled for Chapter 7 as he/she has received the Chapter 7 discharge in 8 years
- Needs temporary respite from creditors and he/she has sufficient assets to repay the debts
- Have substantial debts, which are not dischargeable if filed under Chapter 7. However, it is dischargeable under Chapter 13.
How Does Chapter 13 Works?
In this type of bankruptcy, you have to repay some amount of the debt by way of 3 – 5 year repayment plan. You can pay the bankruptcy trustee on monthly basis, who distributes the amount to the creditors based on the terms mentioned in the plan. The repayment depends on several factors like your expenses, assets, type of debt and income.
Benefits of Chapter 13
- Retain all the property together with nonexempt assets – In this type, the trustee will not pay your creditors by selling the nonexempt property, as you pay a part of the debt through the repayment plan.
- Catch up on mortgage payments that were missed – Chapter 13 is preferred by several people, as it avoids foreclosure and saves their home. In case, you have missed your mortgage payments, you can easily catch up on the missed payments via your repayment plan. However, remember that you should make your ongoing payments and also your plan payment.
- Pay Your Priority Debts – Even if you declare bankruptcy, it does not discharge some types of debt. They are known as priority debts, which includes child support, recent tax obligations, and alimony. Priority liabilities are non-dischargeable, but Chapter 13 offers debtors a hassle free way for paying them by means of their repayment plan.
- Cram Down Car Loans – In case, the car is valued lesser than the amount you owe, you can reduce the loan balance through Chapter 13 bankruptcy cram down. You can qualify for the car loan cram down only, if the vehicle was purchased 2-1/2 years before declaring bankruptcy.
- Get Rid of Second Mortgage – Chapter 13 offers the ability to get rid of unsecured junior liens from your house. The process is known as lien stripping. However, if the balance amount of the mortgage exceeds the house value, your second mortgage is considered unsecured, and it could be eliminated via lien stripping.
Find a bankruptcy lawyer San Diego, who examines the debtor's financial conditions and determines whether it is feasible to opt for Chapter 13. He also assists the debtor to overcome any legal obstacles, which might crop up during the case.
Contact The Correct Agency For the Correct Bond to Save Time And Money
Many of you might not have the phone number of an agent, who specializes in providing bail bonds in your phone book. Probably this is the main reason as you do not know whom to call if you get arrested by the police. Since both the things happen at the same time i.e. no one to contact and you are arrested, then you feel helpless because you do not know how to defend yourself.
Several states have put a bar on to the maximum amount the bail bond agencies may charge but it is also very important to be aware of the fact that not all agencies provide the same services.
When you get arrested (may such situation never arise) a list of the agencies/companies providing the services for availing of a bail bond is given to you. The list containing the phone numbers of such agencies is pasted right next to the phone at different jails. Either you may make the call yourself or make somebody else call. The agents at such agencies know all the nitty-gritty involved and the formalities to be executed.
What are promissory notes, property bonds and how do attorneys perform their roles?
There are instances when the court allows either you or someone who may do so in lieu of you to sign a note: promissory note. In such a situation no one has to pay any amount until and unless the defendant fails to appear at the court at the times of hearings.
If the amount set for availing the bail is too high, it may be difficult for you to collect such money. The amounts are set high so that you may appear at the court when called. The property bond is a very lengthy process and requires too much of paper work. Not all agencies are capable of availing the property bond.
There are very few numbers of attorneys who help with the bail thing. They simply add the amount to their fees that they charge for the entire case. Since the priority right now is the gaining of freedom, beware that you are investing the money in right direction.
Did you make the right call?
There may be instances when you may not get what you are seeking. They agent you call may not be equipped to provide you with the services needed. The names are put just alphabetically and you may not even know the amount that is needed to be given. It is always better to take a step with due caution.
Specialty wise listing
It is always better to have the list, as per their specialty. This may help because you will not call the person who doesn't specialize in the area for which you have been accused, thus narrowing the call list. It is quite surprising as how different agencies/companies specialize in different areas.
The mere thought of going to jail can be really disturbing. To avail the right bonds for the precise purpose, contact the correct company/agency. Though it is tough but stay calm and level headed because hurry and stress will only make the problem worse.
The Different Types of Immigration Laws
Federal Law
- Article I, Section 8 of the U.S. Constitution provides that Congress has the power to establish rules pertaining to naturalization. This means that Congress has the exclusive power to legislate about matters pertaining to immigration. This is why all the laws dealing with the immigration and visas are federal laws. Attempts by states to regulate immigration or deny rights to certain benefits to immigrants have been consistently struck down by the courts. The five main federal laws that pertain to immigration are Immigration and Nationality Act of 1965 (Hart-Celler Act); Immigration Reform and Control Act (1986); Immigration Act of 1990 (IMMACT); Antiterrorism and Effective Death Penalty Act (AEDPA) (1996); and Illegal Immigration Reform and Immigrant Responsibity Act (1996).
Immigration and Nationality Act of 1965
- The Immigration and Nationality Act of 1965 (also known as the Hart-Celler Act) was a landmark piece of legislation that marked a fundamental change in U.S. immigration policy. Prior to this law, there were quotas as to how many immigrants from particular countries were allowed into the U.S. The 1965 Act abandoned these these quotas in favor of a system that allowed immigration based upon family relationship of the immigrant, and particular economic needs of the United States. Section 203 of the 1965 law set forth "preference allocations" based upon family relationships, and different classes of "priority workers" with special skills. The law recognized the importance of (1) keeping families together, and (2) the need for aliens with particular academic or work skills such as "outstanding professors and researchers," persons with "extraordinary ability in the sciences, arts, education, business, or athletics," and other particular skills. Under this law, a certain number of persons in these categories are entitled to begin the long process of obtaining lawful permanent residency, otherwise known as getting a green card.
- The Immigration Reform and Control Act of 1986 (IRCA) made it illegal for an employer to hire illegal aliens. The enactment of IRCA was the first time that employers became burdened with enforcing immigration law. IRCA is the basis of the modern hiring practice of asking new hires to complete an I-9 form. The employer is obligated to retain these completed forms to show that he checked the immigration status of employees before hiring them.
Harsh Penalties
- The 1996 Antiterrorism and Effective Death Penalty ACT (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IRRIRA) originated from Newt Gingrich's Contract for America. Under these laws, a permanent resident can be deported for committing minor misdemeanors. In some respects, the law gave new powers to immigration judges. In other ways, however, the new laws limited judges' authority by requiring mandatory detention in some types of deportation proceedings.
American Samoa Immigration Laws
Born in the Country
- For those born in Samoa to at least one parent who is a Samoan citizen the immigrant must simply provide an original or certified copy of their Samoan birth certificate along with evidence of the citizenship of at least one parent. This type of citizenship does not require a fee or a form. Typically the verification of the parental citizenship is a copy of their birth certificate.
Born of a Citizen, Outside the Country
- Another birth form of citizenship is a person who is a citizen by descent, in other words, who was born outside the country but has at least one parent who was a Samoan citizen at the time of their birth. This parent must be an actual citizen, not one of descent or if they are a citizen by descent they must have lived in Samoa for a combined total of at least three years during their lifetime. The cost is $100WST (approximately $39 USD) and an "Application for Samoan Citizenship by Descent" must be filled out. Copies of parental birth certificate and proof of residency (if required) must be turned in along with the applicant's birth certificate.
Permanent Resident Application
- For those who are immigrating and have no previous Samoan relations, the options are marriage or permanent residence. To apply as a Permanent Resident, the applicant must have held a Samoan Permanent Resident Permit for at least five years before applying. The applicant must get a certified medical report indicating they are in good health. A police report is also required to prove they are of good character, no significant crimes. They must also document social and business activities for the five years. This is to prove they will be a functioning citizen who can provide a living for them. Also required is proof of identity (passport) and $3,000 WST (approximately $1,167 USD).
Application by Marriage
- The application for Citizenship by PR/Marriage is the same. The person applying must be married to and living with a Samoan citizen for a minimum of five years before applying. All of the other requirements must also be met, just as a permanent resident. Both of these types of citizens must intend to continue living in the country.
Permanent Resident Permit path to Citizenship
- Applying for a Permanent Resident Permit is quite detailed. Many people choose to start off as a Temporary Resident for Business or otherwise. There are many types of Temporary Resident Permits such as academic or scientific research, study, or religious purposes. To obtain a Permanent Resident Permit people must prove Samoan language skills as well as a planned activity in Samoa, statements of connections with Samoa and reference reports. Only 15 permanent resident permits are allowed in one year, though dependents under the age of 21 do not count as part of the 15 allowed per year.
Honduras Immigration Laws
Dual Citizenship
- Honduras does not recognize dual citizenship for adults. The only cases where it is allowed under Honduran law is for those people under the age of 21 years (or minors) and for those Hondurans who have been accepted elsewhere as naturalized residents. This of course does not mean that a U.S. citizen that has become a Honduran citizen will forfeit any of the benefits guaranteed by the former, but simply that this will not be a status accredited them by Honduran authorities.
Residency Visas
- Before you are eligible for Honduran citizenship, you must first apply and be accepted for a residency visa. Honduran law directs you to your nearest Honduran embassy or consulate. There you will be required to present paperwork regarding your health, financial status, references from local law enforcement, passport photos, etc. The application will then be processed by the consulate or embassy. If you are granted permanent residency, then you will be capable of acquiring formal citizenship after three years.
Nationality and Citizenship Law
- This law first outlines what constitutes Honduran citizenship. People born in the country are automatically citizens and are privileged with all the pertaining rights. The law also outlines those provisions which govern the behavior and admissibility of foreigners. All immigration issues fall under the purview of national law and the country reserves the right to govern immigration in accordance with its interests. In this case, the law also establishes those prohibitions and limitations to be placed on allowing foreigners to be given residence, naturalization and citizenship.
Immigration Laws on Marriage
Coming to the United States
- Immigration laws make it possible for both fiancés and spouses of American citizens to enter the United States and obtain permanent residency solely on the basis of marriage. However, the engaged person must show an immediate intent to marry the American citizen, "immediate" meaning within 90 days of entry. The entry visa is known as a K-1 and requires multiple application forms, including a preliminary petition (I-129F) and an interview at the U.S. Consulate General during which the engagement must be proven legitimate. Proof of relationship, such as photographs, timeline, plane tickets, phone records and letters are all required. Only after the marriage can the foreign spouse file for permanent residency (I-485).
Those who are already married to U.S. citizens must obtain a K-3 spouse visa to enter the United States after filing preliminary petitions as an alien family member (Petitions I-130 and I-129F). The spouse must also attend an interview at the U.S. Consulate General before obtaining the visa. Once the visa is granted, the spouse can enter the country and file for permanent residency (green card).
Conditional Period
- Regardless of whether the green-card applicant enters the United States on a K-1 or a K-3 visa, if the couple has not fulfilled two years of marriage (outside of the U.S.) then a conditional two-year period is placed on the green card from the date it is issued, after which the card will expire. In order to keep the green card from expiring, the couple must jointly file the Petition to Remove the Conditions on Residence (I-751). The purpose of the condition is to set a period during which the couple must remain together before divorce. Those aliens who divorce before the conditional two years are up lose their status and are subject to deportation (exceptions include widows/widowers, victims of domestic violence, and spouses of alcoholics, criminals, drug users and gamblers).
Spouses of LPRs
- LPRs, or Legal Permanent Residents (green-card holders) have stricter regulations on bringing a fiancé or spouse to the United States. Fiancés and spouses of LPRs are not eligible to file for K-1 or K-3 visas. The only legal way to obtain a green card through marriage to an LPR is to obtain a family immigration visa (I-130, Petition for Alien Relative). Spouses in this case are treated as any other immediate family member of an LPR and must wait for a visa to become available. As the U.S government puts a cap on the number of immigrant visas distributed each year (visas for spouses, fiancés and relatives of U.S. citizens are not included) it is possible that the wait time for a visa will be up to five years.
- All marriage-based legal residents (whether they entered the United States on K-1 or K-3 visa) are qualified to apply for citizenship after three years of residency in the United States, if they are still married to the U.S. citizen and have not committed any felonies during their residency period.
Swiss Immigration Laws
Immigration Laws for European Union Members
- Switzerland accepted the European Union's Agreement on the Free Movement of Persons in 2002, thus dramatically simplifying the process of immigration for citizens of EU member states. Citizens from most European Union member states may immigrate and settle in Switzerland by simply completing either a residence or work permit form, administered by Switzerland's individual cantons. EU nationals may apply for a five year residence permit, provided that they present an employment offer lasting for at least one year. These permits are renewable for an additional five years. The only exceptions to the rule apply to Bulgarian and Romanian passport holders, who must wait until 2014 to benefit from the agreement and its simpler residency rules.
Immigration of Non-EU Citizens
- Citizens from non-European Union countries may apply for an immigrant settlement permit after residing legally in Switzerland for at least 10 years. As such, foreign nationals must ensure renewal of annual residency permits 10 times before eligibility. Renewals are automatically granted, unless the applicant committed a criminal offense the previous year, sought welfare payments or if individual Swiss cantons experienced significant changes in their labor market.
Immigrants who are not eligible to apply for a residence permit or cannot renew their existing residency document may still remain in Switzerland for an additional 12 months under a so-called "F" permit. The "F" permit may offer temporary residency rights to immigrants denied the regular residence permit, if the decision to deny the regular residence permit contravenes international law or if the foreign national can prove that returning to his country of origin would endanger his life. Individual cantons may extend "F" permits after the initial expiration and federal law allows local government to issue separate employment permits.
Swiss Asylum Laws
- Switzerland's 26 cantons enacted strict new regulations for asylum seekers, following a successful referendum in 2006. The new law makes it much more difficult for immigrants with rejected applications to stay in Switzerland, following a decision to ban them from accessing welfare services. Those who submit false information may face imprisonment lasting up to two years. The law authorizes Swiss authorities to detain the children of imprisoned asylum seekers and place them in state custody for up to one year. The United Nations criticized the new law by noting that it makes it much more difficult for victims of war crimes or rape to seek asylum, as many of these new arrivals cannot produce the documentation that Swiss authorities now require as proof of their persecution. Critics also point out that the new law dramatically curtails the immigration of unskilled laborers from non-European countries.
Criminal Trespassing Laws in Arkansas
Criminal trespassing occurs when a person intentionally enters another's property without permission. In Arkansas, a person found guilty of criminal trespassing can be sentenced to varying fines and jail sentences depending upon the extent of the offense. However, the statute also sets forth several defenses that, if proven, would make a person innocent.
Criminal Trespassing
- Under Arkansas statute 5-39-203, criminal trespassing occurs when a person unlawfully enters either someone's property or vehicle. Such an offense is a Class C misdemeanor. However, the crime is considered a Class B misdemeanor, more severe, if the vehicle is used as a residence, such as a motor home or RV, or the property is or could be lived in. (Reference 3)Additionally, according to 5-39-305, a person can also commit criminal trespassing in vacant or undeveloped land located just outside a town or city boundary line. If the land is designed for crops or is surrounded by fencing, a person can only enter with the owner's written consent. Any violation is a Class C misdemeanor, unless the land is clearly marked with 'Keep Out' or 'No Trespassing' signs. In that case, the trespass is a Class B misdemeanor. (Reference 4)
- If a person is found guilty of criminal trespassing as a Class C misdemeanor, he may face up to 30 days in jail. (Reference 1) A court may also order a fine in addition to the jail sentence. As of July 1, 2009, the maximum fine for a Class C misdemeanor was raised from $100 to $500. (References 1, 2)When the trespass was a Class B misdemeanor, a guilty person faces up to 90 days in jail. (Reference 1) The maximum fine also increased on July 1, 2009, going from $500 to $1000. (References 1, 2)
- Arkansas' code does include several defenses to criminal trespassing. If a person can prove one of the defenses permitted under 5-39-305(c), he will be found not guilty. Applicable defenses include: (1) the accuses was the owner's invited guest, with permission to be on the property, (2) the property was public land or private land open for public use, (3) the accused was on the property to conduct legitimate business or to protect public health or public safety and (4) the accused entered the land accidentally and was not aware that he was trespassing.
Criminal Laws for Methamphetamine Usage & Making
Controlled Substances Act
- The federal Controlled Substances Act lists all drugs that are regulated in the United States, and places each in one of five schedules, or categories. A drug's placement in a specific schedule depends on its danger to human health and the environment, as well as whether it has any lawful medical uses. Methamphetamine is a Schedule II controlled substance, meaning that it has legitimate medical uses by prescription, but has high potential for illegal drug abuse. Possession or use of meth, or any other controlled substance, outside its narrow legal medical use, is a crime.
Sentencing Laws
- Federal sentencing laws for illegal use, possession or manufacture of controlled substances, including meth, are found in Section 2D of the U.S. Sentencing Commission Guidelines. Sentences for methamphetamine possession, use and manufacture are dependent on the quantities involved, which are set out in a drug table in the sentencing guidelines. These criminal sentencing laws contain significant enhancements, especially if any children were within range of any potential fire or explosion of the meth lab or if any injuries or deaths resulted from the lab's operation.
Prescription Use
- Methamphetamine can be used by prescription for disorders including obesity and attention deficit hyperactivity disorder. By federal law, prescriptions for Schedule II controlled substances such as meth must be presented in signed, hard-copy prescriptions forms, not telephoned, faxed or emailed to the pharmacy. Presenting a forged prescription constitutes the crime of prescription fraud, and a pharmacist that fills a methamphetamine order without a proper written prescription can be charged with a violation of the Controlled Substances Act.
- A 2007 federal statute calls for the development of standards for cleanup and remediation of methamphetamine manufacturing sites. Under the Methamphetamine Remediation Research Act, the Environmental Protection Agency is directed to help state and local law enforcement authorities, and land use and health officials, learn how to safely clean up former meth labs.
Cold Medicine Restrictions
- In 2005, Congress passed laws restricting sales of over-the-counter cold medications containing pseudoephedrine, a key ingredient in methamphetamine manufacturing. Most states followed, attaching criminal penalties to the purchase of more than a limited number of pseudoephedrine-containing pills within a particular time period. With no efficient technology for tracking pseudoephedrine purchases by individuals, enforcement of these laws has been virtually impossible. Methamphetamine manufacturers need merely go to several different stores or stores in different towns to purchase enough cold medication for their needs.
List of Criminal Law Careers
Law Enforcement Officer
- Laws would be ineffective without people in charge of enforcing them. One of the basic necessities of the criminal justice system is the presence of police or other law enforcement officers who make sure that people in society who are not abiding by the law are apprehended so the courts can deal with them appropriately.
Graduates with criminal justice degrees often fill jobs in law enforcement, although many law enforcement positions do not require a specific college education. Criminal investigators on the local, state or federal level work to determine how and why crimes happen and who is responsible for them. They use a variety of detection techniques including forensics and interrogation of witnesses or suspects to uncover the truth about the crime and prepare the prosecution for court. The same detection techniques may also be used to reveal that a suspect is innocent.
- A criminal prosecutor usually works in the local District Attorney's Office, the State Attorney General's Office or for the U.S. Department of Justice and are typically elected positions. These experienced lawyers work to build cases against accused criminals and lead the prosecution during court trials.
Prosecuting attorneys are often part of a lead prosecutor's staff. Prosecuting attorneys in large offices may be dedicated to one particular type of case and have a specialization, such as sex crimes or murder cases. Prosecuting attorneys often work in smaller offices where every attorney is expected to handle a variety of cases.
Often the only attorneys selected for these positions are attorneys with considerable experience as trial lawyers.
Defense Attorney
- The defense attorney is the lawyer in charge of defending the accused criminal. Accused criminals hire lawyers who work independently or with partners in a law firm to represent them in court and attempt to free them from any charges.
This work involves communicating with the client and understanding their side of the story, performing some investigation and then using the law to construct a defense strategy that is in the client's best interests. The goal for the defense attorney is to either get an acquittal for the client or negotiate a deal with the prosecution to minimize punishment if a guilty verdict is likely.
Public defenders are also criminal defense attorneys. However, these attorneys work for the local or state government and are available to represent those who cannot afford to hire their own attorney.
Criminal Laws of Denmark
Gun and Assault Laws
- Guns are illegal in Denmark and the laws against them are stringent, putting anyone who carries a gun and is not legally allowed to do so in jail. Only police officers and soldiers are legally allowed to carry guns, which effectively prevents would-be criminals from the ability to rob or harm anyone by using a gun. As such, knives and lead pipes have become the weapon of choice and are now considered deadly weapons in Denmark. In January 2008 more then 13 people were knifed in Denmark, resulting in two deaths. Stricter laws have been enforced in recent years regarding assault with a deadly weapon, putting those convicted in prison for longer sentences, which vary based on the severity of the crime.
Money Laundering Laws
- Denmark has very strict laws when it comes to money laundering, as this serves as the source of funding for many criminal and terrorist organizations. Stopping the financial transactions of criminals is one way to stop their criminal activity. If Danish authorities convict someone of money laundering or funneling money to a terrorist organization, the individual found guilty can receive up to 10 years imprisonment. Financial institutions can also be punished if they do not report suspicious money laundering activity, as they are considered to be aiding the financing operation. This includes all advisors or intermediaries to a financial institution or someone who works independently in finance for a number of different clients.
Drug Laws
- Denmark has relatively strict drug laws, which are similar to those in the United States, though they are much more lenient toward those who simply possess or are addicted to drugs. For possession or addiction, those who are caught and convicted are often sent to a detoxification center or receive very light prison sentences. However, this depends on what type of drugs are being used or are possessed at the time of the arrest. Drugs such as marijuana or mushrooms are considered soft drugs in Denmark and are not considered dangerous. However, drugs such as cocaine, ecstacy and heroin are considered harder drugs and carry stricter criminal penalties. Long prison sentences are given to those who are caught in possession of a large amount of any of these drugs, as these individuals are considered to harbor the intention to sell them, which is strictly forbidden in Denmark.
Classroom Activities on Criminal Law
Role Playing
- Assign students to role play a demonstration of a crime scene. Roles in the play may be crime scene detectives, victims, witnesses, police officers, emergency medical technicians and suspects. Have the students demonstrate all aspects of a crime scene response, from interviewing victims to reading suspects their Miranda rights. This will help put the student's knowledge to practical use and illustrate the job and role of all people responding to or involved in a crime scene.
- Crime occurs as the result of a variety of factors, and it is also a catalyst for numerous responses and action. Have the students write the word "crime" in the center of a piece of paper. Instruct them to create a web that connects the different reasons for crimes being committed to the word crime. Instruct them to also connect the results of crimes being committed to the word as well. Write the causes in one color, such as red, and the results in another, such as blue. You may find that some causes are also effects of crime, so use both colors. Examples of some causes can be poverty and greed. Some results could be jail, poverty or injury. This will help illustrate the cycle of crime and why it occurs to the students in a visual form.
- Have the students put on a mock trial from start to finish. Assign some students to be prosecutors, defense attorneys, a judge, a victim and a defendant. The rest of the students will be potential jurors. Interview each potential juror according to the process of selecting a jury. Once the students establish a jury, hold a mock trial. After the trial, the jury will deliberate and decide based on the evidence. The jury should deliberate as if it were a real case, based on the evidence presented to them from the attorneys. This can even result in a deadlocked jury and mistrial. This activity will help the various rules and processes about prosecuting a potential criminal come to life.
Florida Hate Crime Laws
Data Collection
- All law enforcement agencies must report to the governor every year on the nature of these sort of crimes. The data collected remains confidential, but the idea is for the government to be fully apprised of the nature of racial or sexually induced crimes in the state.
Places of Worship
- The law also holds that defacing any place of worship or the articles therein is also considered a hate crime, and is assumed to be based on the particular hatred of the church, mosque or synagogue. It should be noted that minors are also included in this, and are tried as adults as determined by the court. Community service and the removal of the graffiti (if this is the offense) is the punishment for minors.
- The hard part is figuring out if "prejudice" is involved in the motivation of the crime. In certain sections, but not all, the Florida code holds that those suffering from a mental or physical disability are also protected under these statutes. There are no guidelines for this line of prosecution, and therefore, becomes open to abuse. If a group or individual is intimated or threatened by any of the types of "prejudices" mentioned in the law, the offense is likewise increased. There are no definitions of "threatened" or "coerced" other than the demands and testimony of the prosecution.
Problems and Enforcement
- The law stipulates also that any crime committed while wearing a "hood or a mask" is also included as a hate crime. The problem with these rather loosely drawn up laws is that there is no precedent in Common Law for comprehending or ascertaining the thoughts of a criminal prior to the commission of a crime. The introduction of thought, not the even more slippery word "prejudice," into criminal law seems to be a highly politicized means of controlling thought rather than dealing with crime. Ultimately, the thoughts of a perpetrator can only be assumed, not proven. Even the act, for example, of yelling racial slurs while beating a victim might be the result of general sociopathy rather than any studied racial contempt.
About Criminal Mischief Laws
- Most statutes define criminal mischief as the knowing and intentional damage or destruction of property owned by another. A person may damage or destroy her own property without violating criminal mischief laws. However, depending on the circumstances, destroying one's own property may constitute disorderly conduct or another crime. Additionally, criminal mischief is pervasive and has an extensive economic impact. According to the National Insurance Crime Bureau, vandalism at construction sites alone comprises over $1 billion dollars per year. Schools and public facilities also experience hundreds of dollars of criminal mischief damage each year.
Graffiti and Tampering
- Some state laws specifically include graffiti and product tampering in their definitions of criminal mischief. For example, Alaska law states that tampering with air, food or water is Class B felony criminal mischief. Under Texas law, criminal mischief includes tampering as well as intentionally making "markings, inscriptions, slogans, drawings or paintings on the tangible property of another."
Property Value
- Most jurisdictions allow criminal mischief to be charged as either a felony or misdemeanor, depending on the dollar value of the property damage. New Hampshire law defines felony criminal mischief as property damage over $1,000 in value. Texas law creates seven categories of criminal mischief penalties: Class A, B, and C misdemeanors for property damage from $50 to $1500; state jail felony for damage from $1,500 to $20,000; and three categories of felony for damage upwards of $20,000.
- Penalties for criminal mischief may include jail time as well as an order to pay restitution to repair the damage or replace the destroyed item. Cases in which there is only minor damage, first-time offenders, youth and other defendants can often take advantage of court diversion or community reparative board programs to avoid lasting criminal sanctions.
- Criminal mischief is a common charge against youth. According to parental advocate Sue Scheff, teens commit vandalism as a bonding activity, to exact revenge or because they are bored. In such cases, criminal mischief may be charged as juvenile delinquency instead of being levied as an adult crime.
Job Description of a Criminal Law Paralegal
Education and Certification
- Most paralegals either have an associate degree in paralegal studies or a bachelor's degree (in any field) and a paralegal certificate. While criminal law paralegals are not required to have any type of certification, becoming certified often increases a paralegal's ability to compete for the most desirable jobs. Certification is available through the following three organizations: the National Association of Legal Assistants, the National Federation of Paralegal Associations and the American Alliance of Paralegals. Certifications for individuals who already have a bachelor's degree are available through a wide variety of colleges and paralegal schools. In some cases, a paralegal with experience may become certified simply by taking a board-certified test.
- Criminal law paralegals differ from typical paralegals in that they work specifically with the details of criminal cases instead of the broader aspects of the law. For a paralegal working in criminal law, these include things like interviewing witnesses, doing research for a case, putting together documents, organizing key evidence for trial and helping a lawyer prepare for a case. According to Legal-criminal-justice-schools.com, they must understand "the basic classification of crimes, as well as the legal procedures surrounding search and seizure, arrest, bail and probation." They also perform secretarial work, including tasks like answering the phone, making phone calls, keeping track of paperwork and entering data into the computer. A new paralegal is often assigned mostly administrative work until he becomes more experienced.
- Criminal law paralegals spend most of their time working in the office at a law firm. However, they are sometimes asked to travel or assist a lawyer while in court. They generally work 40 hours a week during office hours, although they may sometimes be asked to work overtime or unusual hours when a court case necessitates it.
- In 2010, the Bureau of Labor Statistics projected a 28 percent increase in the need for paralegals from 2008 to 2018. This is likely because most law offices are seeking to assign as many tasks as possible to paralegals to avoid hiring more lawyers than necessary. As this shift continues, many offices will seek to replace lawyer positions with more paralegals.
- As of May 2008, paralegals in the United States earned an average salary of $46,120, the Bureau of Labor Statistics reports. However, the highest paid paralegals earned salaries in the range of $73,000. Most paralegal jobs come with a full benefits package.
What Is a Criminal Law?
- The first code of law, which blended criminal and civil law into one canon of conduct, was developed by the ancient Sumerians. The Sumerians developed their code of law around 2100 B.C. The Code of Hammurabi is an example of an early code of law, one that combined criminal and civil law. Hammurabi was a Babylonian. It was not until the Normans invaded England that a separate code of criminal law was developed. From this early Norman code of criminal law, the criminal system and set of laws that exist in countries such as the United Kingdom, Canada and the United States is founded.
- The primary function of a criminal law is to control and regulate the conduct of people living in society, of people living in a community. The theory behind criminal law is that if morality alone is not enough to motivate people to comply with the mores of a society, imposing sanctions and penalties on people who violate specific provisions of the law will provide such a motivation. Unlike civil law, which involves the private imposition of sanctions for violation, the penalties for a violation of criminal law are imposed by the state.
- Criminal law can be divided into three general groups.
First, there is felony criminal law. This is the most serious type of criminal law, focusing on the most significant type of crime. The penalties associated with committing a felony or breaking a criminal law classified as a felony, include prison time, large fines and, in some instances, a sentence of death.
Second, a lesser type of criminal law is a misdemeanor. This involves a less serious crime but can still result in a jail sentence (usually less than a year) and fines.
Finally, there is what is known as an infraction. This is a type of illegal conduct. However, some scholars do not classify it as a true crime. An example of an infraction is a ticket for a traffic infraction.
- There are five intended effects of a criminal law. Retribution for the crime committed is one motivation of criminal law. A criminal law is also designed to provide deterrence. Third, a criminal law is intended to incapacitate a wrongdoer, to keep the person who is guilty of a crime segregated from the community to some degree for some period of time. Fourth, one of the effects associated with a criminal law is to allow a victim of crime to obtain an appropriate form of restitution. Finally, an effect of criminal law is to rehabilitate the wrongdoer with the goal that this person will not re-offend.
- The theories that have developed around criminal justice generally and the application of criminal law specifically center on how the five intended effects should be balanced. For example, one of the theories is that society as a whole benefits if a criminal can be rehabilitated. Therefore, those individuals that espouse such a position believe the criminal justice system should focus on rehabilitation through the application of a criminal law. At the other extreme are those individuals who believe that the primary purpose of a criminal law should be retribution and punishment. In such an situation, the emphasis of a criminal law would be on sanctions and penalties.
How to Write a Criminal Law Essay
Law students are often asked to write essays, either on assigned or chosen topics, or in response to specific questions. In addition, the bar exam for most states includes an essay section. Criminal law essay assignments are designed to ensure that students understand the laws of their state, and of the nation, and that they know how to use them in a criminal case.
- Read the question or essay topic carefully. Criminal law topics are often complex and involve many angles and points of view. Make a list of all secondary questions posed within the main question, or all angles of approach to your topic. Determine whether you are being asked to provide an argument of defense, an argument of prosecution or simply an overview of existing law.
- Research all case law that applies to your topic. Expect to spend time in your local law library and on the Internet. Write down the name of the case, such as "Miranda v Arizona." Also record the year and state in which the decision was rendered.
- Address each question separately and in order if you are responding to a multi-part question. Finish your answer for each section completely before beginning the next. If an answer relates to a previous question, you may refer back to your previous answer.
- Structure your essay as a law brief unless the professor instructs you to do otherwise. While most essays consist of sentences and paragraphs that transition naturally, law briefs are divided using outline style. General answers to each posited question should be marked with a Roman numeral. Denote supporting points with a capital letter and indent each section.
- Present possible arguments by opposing council if you are writing a position or argument essay. Posit the other sides' likely response and how you can counter those responses.
- Summarize your position by highlighting the main points of your argument, as you would in a closing statement.
Law Firm Job Descriptions
Administrative Assistants and Receptionists
- Administrative assistants and receptionists' job responsibilities include answering the phone, filing, handling the mail, greeting clients, keeping the reception area presentable, scheduling meetings and appointments, and sending and receiving faxes. An office manager may oversee administrative assistants and hire employees in a law firm.
Paralegals and Legal Assistants
- Paralegals and legal assistants help lawyers perform their duties. They help prepare for legal proceedings or meetings by identifying the applicable laws, researching court decisions and legal articles and other information pertinent to a particular case. They also may analyze and summarize the information in a written report which attorneys use to handle cases.
- Attorneys act on behalf of their clients to represent them in legal proceedings. They may present evidence and argue before the court on their client's behalf and provide their client with legal advice about their rights and duties under the law. Attorneys may interview clients and witnesses and research the law and legal precedent.
Starting a Law Firm Business Plan
- Draft a law firm business plan. Choose drafting tools based on personal preferences. Ultimately, a start-up company plan should be typed out as a formal plan for the business that includes current goals, financial figures, existing office resources and anticipated needs. A start-up business plan is unique in that it is the first company plan that lays out the core tasks and activities required to achieve the start-up results.
- Discuss the substantive practice areas of the law firm. This can be general trial practice or a specific area such as criminal law, family law, probate law, immigration law or tax law. Outline the required continuing legal training, and research and organizational law practice tools needed for the practicing attorney. This may include securing legal research software and subscriptions such as Loislaw, Westlaw, and LexisNexis. A bank of law document templates in both electronic and hard-copy format helps with drafting pleadings and briefs. Compare features and prices and write firm choices in the business plan.
- Draft a projection of law firm expenses. The first major outlay of financial resources will include the lease or purchase of the law office facility. Law firm costs may also include office furniture, computer equipment, office supplies and equipment, legal research resources, employee salaries, professional liability insurance, continuing legal education (CLE), professional subscriptions, associational fees, and other professional services such as accounting and tax assistance. Check out the on-line information about guaranteed loan programs offered by the SBA for bank loan options.
- Estimate law office space that will be needed. A small law office generally has an area for the receptionist and/or legal secretary, individual offices for attorneys, and a law library that can also work as a conference room and work area for tackling large projects. Write out the amount of office square footage needed for the anticipated start-up staff. Include a cost assessment in the business plan based on the local market price for commercial leases or purchases.
- Anticipate staffing requirements. This wholly depends on the size of the firm. This may include administrative staff, such as legal secretaries and paralegals, as well as associates or partners. Estimate the staff size in the business plan and a course of action for securing the human resources needed for the start-up.
- Address accounting needs. Law office administrative accounting duties can be performed by a staff attorney, business manager, or contracted out to a professional accountant. Costs for these services should be factored into the business plan. This includes either the estimated cost of professional services, or the cost of accounting software that will be needed by the in-house accounting manager for the firm.
- Discuss law firm marketing. Applicable rules of ethics, as determined by the state bar, will determine the type of advertising and marketing a law firm can engage. While legal marketing is often more subdued than other professions, advertisements in community phone directories and television and radio advertisements are popular forms of law firm promotional activities. Layout some specific ideas in the business plan with cost estimates.
Marketing Strategies for Law Firms
Community Event Sponsorship
- Law firms can draw attention to themselves by playing an active role in the communities they serve. One effective way to do this is to sponsor community events. By supporting street fairs, cultural festivals or sport teams financially, firms can keep themselves visible and potentially increase the likelihood that those in the community will turn to them for their legal needs.
Ad Repetition
- Instead of simply playing an ad once, law firms should use ad repetition as a means of attracting customers, suggests AttourneysOnlineInc. By showing the same ad repeatedly, law firms can increase the likelihood that the message presented in the ad sticks with potential clients.
Publicly Placed Print Ads
- Print advertisements placed in conspicuous public places can attract attention from community members. Law firms can place ads on bus stop benches or shelter houses, display building-side posters or take out billboards featuring their company name, as well as the type of law they practice. By doing so, they can improve the chances that their name is the one that pops into potential clients' minds.
Website Advertising
- When individuals need to find an attorney, they often take their search online. Law firms can improve the chances that they are ultimately selected as representation by making their web presence a strong one. All law firms should establish and maintain a website that displays pertinent information about their law firm to ensure that potential customers can find information rapidly if need be.
Referral Programs
- Often one happy customer can translate into many. Instead of investing all of their money in advertisements, law firms can encourage previous customers to bring in friends and family in need of legal services by creating a referral program. For example, the firm can tell current customers that if they refer a friend or family member they will receive a discount on services rendered.
How to Nail a Job Interview at a Law Firm
- Go into the interview full of confidence. A lawyer or law firm will be looking for somebody who can speak with clients and other attorneys without wavering a bit. If you're nervous during the interview, the person interviewing you will not believe that you are capable of handling the pressure that a job with a law firm brings.
- Bring a note pad and a pen into the interview. This is probably a good idea when entering any interview, especially one with a law firm. Working at a law firm will mean taking plenty of notes regarding different cases and meetings. It will impress the person interviewing you that you are detailed enough to take notes regarding the interview. Taking notes will also help you when the time comes to ask the interviewer any questions regarding the job at the law firm.
- Give a good explanation regarding law school to the interviewer. Practically every interview at a law firm will include a question regarding law school. You will most likely be asked why you haven't attended law school and if you ever plan to do so. Normally, an answer such as "I wasn't looking forward to (insert number) years of school and internships," will suffice while interviewing at a law firm.
- Talk about the different types of law that you are interested in. This is important whether your interviewing at a law firm that deals with real estate, civil liberties or personal injury. A law firm will be more interested in you if you're a well-rounded individual. You should also explain why these different types of law interest you. Bring up personal experiences and how you feel a job in law could benefit you and, more importantly, others.
- Ask plenty of questions before the end of your interview. A law firm is going to want to hire somebody that is detailed and concerned with every little bit of information. Leave no question unanswered, even if it's the slightest detail such as what you would be wearing if you did get the position.
- Be personable during your interview at the law firm. Many people believe that they should be stiff and all business when interviewing at a law firm. The fact is that you'll be working with attorneys. They have to deal with other lawyers as well as clients. Both of these groups of people can be less than fun to deal with during the week. Your attorney will not want to deal with somebody in the office that as zero personality.
Document Management Software for Law Firms
- Document management software allows law firms to store, organize, index and retrieve documents for every case or project. Attorneys can use these programs to efficiently search their systems using key words and find relevant documents. Law firms can also track the most recent edits to a document and identify the individual who made those changes.
- Document management software provides law firms with better security. For example, some programs can limit confidential information to an as-needed basis or determine whether to store or discard a document in compliance with the firm's retention policies.
Selection Criteria
- Law firms can choose from a variety of legal technology software options. An article on document management in "Los Angeles Lawyer Magazine" suggests that attorneys and law firm managers should consider the firm's size, number of documents generated regularly, operating system requirements, compatibility with other software used by the firm, search function options, ability to access documents and work remotely, archive functions and the option to customize the program.
- A 2010 State Bar of Georgia article identifies several popular document management software systems: GroupWise, iManage, PC Docs and Worldox. Many software programs offer different features and requirements, so law firms should take care to research the available options before implementing one.
How to Apply for a Job at a Law Firm
Entry-Level Lawyer Jobs
- If you're hoping to get an entry-level attorney job at a law firm, you'll have to start early. To get such a coveted position, you'll typically need a summer internship at a law firm after your first or second year of law school. If you excel at your job, then you'll stand a better chance at getting a full-time job offer after you graduate. Participating in your law school's on-campus interviewing process gives you a chance to interview with multiple law firms that visit the school. To get a job with a smaller firm, try networking at your local courthouse and watch trials relevant to the area of law you're interested in. Tell the clerk that you're a new lawyer and you might get introduced to the judge and lawyers who are there. If you have a specific smaller firm in mind but it isn't hiring anyone full time, approach the firm about working on a contract basis and proving your worth.
Jobs for Lawyers With Experience
- Getting an attorney job at a law firm after you already have a few years of experience is a different matter entirely. Prepare yourself for a possibly long process that includes weeks, maybe even months, of decision-making by the law firm. The more years of experience you have, the less that the law school you went to and your GPA will matter. For lateral hires, law firms are looking for the quality of the current firm you're working at and your hands-on experience. When interviewing or putting together a cover letter, focus on any successes or big wins that you've had. You might also consider working with a headhunter or recruiter.
Paralegal Jobs
- The requirements for getting a paralegal job at a law firm vary depending on the firm's size and focus. Some firms want paralegals to have a bachelor's degree, good grades and experience directly related to the area they'll be working in at the firm. For example, a paralegal working in medical malpractice might have previous experience in a hospital or with an insurance company. Larger firms may not require formal paralegal training if they have their own in-house paralegal training program. Smaller firms, however, may require paralegal training or certification in addition to a bachelor's degree.
Information Clerks and Secretary Jobs
- Law firms hire numerous people for other non-attorney support staff positions, such as secretaries, information clerks and intake personnel who handle incoming calls about cases. The competition for these jobs is pretty tough, since law firms are expected to continue diminishing the number of legal secretaries and information and record clerks that they employ between now and 2022, according to the U.S. Bureau of Labor Statistics. To get one of these coveted jobs, you'll need to demonstrate through your resume and interview that you're a team player who can work with groups of lawyers and can handle the intense pressure of a law firm. These staff must be able to jump from one case and assignment to another and handle multiple cases.
Information Technology Jobs
- Law firms rely heavily on computer systems and messaging applications to keep track of all the cases they're working. Because of this, law firms normally have at least one person on staff devoted to information technology and information security. These jobs may also involve running and overseeing the law firm's website. To get one of these jobs, you will typically need at least a bachelor's degree in a relevant field, such as computer science. You should have extensive knowledge of software applications commonly used by law firms, such as case management software, time tracking applications and billing software.
How to Become an Investigator for a Law Firm
- Enroll in a private investigator course in your area. Private investigator training involves study and testing on topics such as wiretapping statutes, criminal procedure, privacy law and other pertinent state and federal law. Some private investigator training schools specialize in litigation support with law firms as clients.
- Complete the training, pass the test and obtain your license. Once you receive your license you can decide whether you want, or need, to obtain a concealed carry permit. Not all private investigators need to carry a handgun; however, many still do.
- Network with the legal community. Once you're licensed, you'll need to meet attorneys in your area. Get in touch with specific practice departments in law firms you might be interested in working for. For example, if you want to perform litigation assistance for criminal cases, contact criminal law attorneys at several law firms in your location.
How to Market for Personal Injury Law Firms
- Design and prepare a website that highlights the firm's attorneys and important support staff members, its experience in personal injury law, its history and any big verdicts the firm has won in court or through settlement. Make sure the website has a component that allows for regular blogging.
- Post a blog or a personal injury-related article on the firm's website at least two times a week. This will help the website move up in rankings on search engines when people in your practice area have need of this type of lawyer. Consider running a pay per click ad campaign where your site comes up when certain searches are performed.
- Purchase business letterhead and business cards that have a similar tie-in design to the firm's website. Letterhead is important for direct-mail marketing. Cards can be easily passed out in a variety of social and business settings. They can also be placed on bulletin boards at courthouses, coffee shops or even hospitals.
- Join the personal injury section of the state bar where the firm practices. Get involved. Becoming active in this section is an excellent way to network, pick up business and get referrals.
- Send a letter of introduction to every chiropractor in your practice area. A week later, follow the letter up with a phone call to schedule a brief meeting. At the meeting drop off a brochure and business card and introduce yourself. Ask the chiropractor to refer you any patients who have been injured in an accident.
- Take out a yellow page advertisement that is at least 1/2 page in size. It is important that your ad captures the feelings that an injured person might be having. Include a phone number, email and a link to the firm's website in the ad.
How to Start a Law Firm in New York
- Obtain the necessary education. In order to practice law in the state of New York, you are required to pass what is called a bar exam. This is a licensing exam that shows that you are proficient in the field of law and are qualified to practice law in your given jurisdiction. In order to pass the exam, it will be necessary for you to obtain the education required to perform the job. You will want to start by obtaining a bachelor's degree in a related field, such as criminal justice through an accredited college or university and then follow that with a Juris Doctor degree in law from an accredited law school.
- After completing your Juris Doctorate, take the New York State Bar Examination. Taking and passing the state bar examination is a requirement before practicing law in any state and New York is no exception. Once you have successfully passed the bar exam, you will obtain the licensing necessary to practice law in the State of New York.
- Choose your corporate structure. Talk to a licensed accountant about the options and tax consequences in regards to your options as a corporation or LLC and choose which option is best for you.
- Obtain office space. The most budget friendly option is a virtual office. This will work especially well until you are able to expand and hire employees. In New York, several companies will provide you with a Manhattan address, telephone receptionist service and voice mail. If you need to meet clients, the New York City bar association has conference rooms that you can book for a nominal fee. Once your practice takes off, you can invest in a brick and mortar office space to accommodate your growing needs.
- Open bank accounts in your business name. This is a requirement for tax purposes, so that you are not depositing business profits or client funds into your own personal account.
- Obtain malpractice insurance. It's not mandatory in New York, but is is very highly recommended. This insurance will protect you and your business should you ever be sued for malpractice. It can generally be obtained at a fairly reasonable cost and the price is well worth the piece of mind.
- Advertise your business. You will want to get professional business cards printed that clearly display your name and contact information. Investing in a small advertisement in the local telephone directory and building your own business website are also a must.
- Open your doors. You are now ready to begin working in your own law firm!
How to Start a Law Firm
Whether you've spent years working in someone else's firm or are fresh out of law school, the temptation to start your own law firm is always there. But starting your own firm can also be a big risk, particularly when you're giving up a six-figure salary to do it. The good news is that it doesn't take a lot of money, as long as you keep costs low–but it will take a lot of determination.
- Decide whether to run your law firm out of your home or an office. While an office has a more professional touch, it can also cost a lot of money. You can offset the disadvantage of working out of your home by making home visits to clients, saving them time and saving you from renting.
- Choose a location. If you're working out of your home, you don't have much choice. But if you're working out of an office, choose your territory wisely. Try to find a neighborhood that's young and thriving. Established law practices are slow to expand with city limits, and you can make a name for yourself out of their shadow.
- Select an area of specialty. Whether it's venture capitalism financing or insurance law, you need to pick one thing to do well. The location you choose may have an influence: For example, a quick-growing city may have a need for real estate law experts. Choose a subject that is under represented in your area.
- Get your name out there. Advertise in newspapers and neighborhood publications. Establish an Internet presence, and consider running a blog offering elementary law advice on your subject. Explore your marketing options through the latest technologies, including social networking websites, which law firms are typically slow to pick up on and use to their benefit.
Privacy Laws That Affect Businesses
- If you have a company health plan, the Health Insurance Portability And Accountability Act probably covers it. HIPAA requires you adopt polices and procedures to keep your employees' medical information private. That includes employees' past, present or future physical or mental health, and the health-care services they've received under the plan. It's not an issue if nobody can identify the employee. If there's a name attached to the data, however, you may be in trouble.
Genetic Secrets
- The Genetic Information Nondiscrimination Act forbids businesses from considering the results of genetic tests in employment decisions. It also forbids any organization covered by the act from divulging genetic information about job seekers or employees. Genetic test results have to be kept in a confidential file, separate from other medical data. The law covers employers, unions, employment agencies and apprenticeship programs.
- The Children's Online Privacy Protection Act governs data collected online from children under 13. If you know your website collects information from kids, you have to post a policy statement on the site, saying what information you gather and whether you share it with third parties. You have to make a reasonable effort to get parental consent to collect or use the information.
Financial Privacy
- Under the Gramm-Leach-Bliley Financial Modernization Act, financial companies such as banks and credit-card companies have to tell consumers how the company uses financial information. The company's regular customers get a notice automatically every year. The privacy notice is usually sent by mail. Simply posting it on the office wall isn't enough notification to meet the law.
State Laws
- Federal laws are the law everywhere in the United States. On top of that, many states have passed their own privacy laws. The California Reader Privacy Act, for instance, says online booksellers can only disclose information about a customer's reading habits or purchases if the customer approves, or if the data is covered by a search warrant or court order. Connecticut requires any business that collects Social Security numbers to have a policy for protecting the information.
Illinois Small Business Law for Assessing Late Fees
Contract Provisions
- Late fees have to be included as part of the original contract or in an amendment to the contract, preferably as part of a written contract. The late fee should be specified in the contract, such as a certain dollar amount or percentage that can be calculated on the balance due to prevent a failure of a meeting of the minds argument.
Fee vs. Penalty
- Late fees are not enforceable by the court if they are perceived as a penalty. Additionally, they must correspond to the amount that you are damaged. For example, you can estimate the cost of interest or profit that you will lose due to your late receipt of the funds and the administrative cost of collection.
Specific Business Regulations
- If you own a rental storage facility, you can charge customers a "reasonable" late fee, per 770 ILCS 95/7.10. However, you cannot charge this fee unless the rental fee has not been paid for at least five days after the due date. A landlord can charge a late fee of up to 5 percent. Condo organizations are permitted to collect late fees from condo owners for their proportionate share of common expenses.
Jobs After Doing a Master's in Business Law
Having received a Master's in Business Law (MBL), your next step is probably going to be deciding on where you're going to work. Finding the right job to go with your degree is important and with an MBL, you'll find there are several possible positions open for your consideration.
- If you're looking at getting an MBL, you're going to need at least a bachelor's degree before enrolling in the program. However, you can also get an associate's degree in business law, requiring only a two-year degree. Naturally, getting a job with an associate's degree in business law might not be as lucrative as landing a job with an MBL.
- If you think about any business, you'll find that an MBL graduate can find some form of employment within it. This is because during your schooling, you were taught how to find solutions to business problems, as well as instructed in how to research such areas as corporate liability and legislative reforms. The skills that you learned as you went for your degree will make you an asset to many corporations, since most of them have legal departments as well as corporate attorneys.
- An MBL can open up access to international corporate positions. As our world has become more global and less local, the need for individuals who understand such complex areas as international economic law grows. Other international areas where an MBL is useful can be found in international trade arbitration or working in the field of international securities.
- Naturally, if you're looking for a job that will take advantage of your business law degree, you need to consider working in a law office. Business law graduates are given the task of drawing up contracts, negotiating terms of agreement and dispute resolution.
- According to Degree.com, in 2011 the average salary for an MBL is in the range of $87,000 per year, with the potential to earn more than that. When considering an "average salary," however, it's important to remember that you might not make the average salary upon first finding employment. Sometimes, the level of seniority and the location of the job will directly affect how much the job will pay.
Other Areas
- If you enjoy working with numbers, you can use your degree to pursue a career as a financial analyst. If you enjoy the finer points of contract negotiation and have a competitive streak, you might consider a career with a corporate acquisitions team. You might find yourself wanting to work outside the corporate structure entirely and decide upon a career as a lending officer at a bank or credit union.
What Is the Role of Law in Business?
Contract Law
- Contract law is a broad field that governs the conduct of business in many areas including contract drafting, assignment of rights, transactions, delegation of duties, what agreements have to be in writing, conditions to a contract, breach and remedies. The Uniform Commercial Code (UCC) is an important area of contract law that governs the sale of goods. Typical contract issues include whether an enforceable contract exists and whether a party has breached their contractual duties. The law governing contracts tries to ensure that each party to a contract understands what is expected of them and that there is a legal remedy if problems arise.
In addition to sales, non-competition agreements and non-disclosure agreements fall within the body of contract law.
Intellectual Property
- Intellectual property law includes patents and trademarks. Just as real property law is concerned with rights relating to a piece of property, intellectual property is concerned with rights relating to products of the mind.
Acquiring patent rights is an important strategy for many tech companies because if they have the patent to an invention, they may exclude others from making and using that invention.
Acquiring trademark rights is important because it prevents product confusion among consumers.
Patent rights and trademarks rights can be licensed to another company. Such licensing rights are governed by contract law.
Corporate Law–Formation
- Corporate law governs formation of corporate businesses. State corporate codes provide rules and regulations regarding articles of information, bylaw, boards of directors, and other elements involved in forming a corporation.
Generally, a corporation can be formed by sending a copy of the articles of incorporation and a small fee to the Secretary of State. State websites usually have much helpful information about this.
Other parts of the corporate code define what types of acts are ultra vires (outside the corporate purpose), duties of officers and directors, and grounds for corporate liability.
Corporate Law–Securities
- Just as state laws govern the formation of corporations, federal laws govern the sale of corporate equities. Much of this law is derived from the Securities Act of 1933 and and the Securities Act of 1934. These laws govern the issuance of stock. They prevent insider trader and manipulation of stock prices.
Others Laws
- Depending upon the type of business, many other laws may be relevant to your business. For example, municipal health codes may apply to the sale of food. Federal Department of Transportation codes may govern the transportation of hazardous chemicals used in a variety of businesses. Federal Occupation and Safety Laws protect the workers in your business. Tax codes govern whether you charge tax for your product, and in turn, whether you can be taxed.
Home-Based Food Business Laws
States Allowing Cottage Food Industry
- Before opening and operating any home-based cooking business in your state, check with your state's food regulation board to determine the legality of operating a food-based operation in your home. As of 2010, only 13 states allow for home-based cooking businesses. These states include Alabama, Indiana, Iowa, Kentucky, Maine, New Hampshire, North Carolina, Ohio, Pennsylvania, Tennessee, Vermont, Virginia and Utah. Regardless of state laws, individual counties and cities can place stipulations on such businesses, so be sure to check all of the regulations before you start. Since laws pertaining to cottage food vary so widely, the responsibility for knowing the law falls on individual business owners.
Non-hazardous Foods
- Many states allow for the production of non-hazardous foods in home-based food industry. These products include breads, candies, honey, jams, popcorn and syrup. Again, these laws vary by state and by county. In 2010, for instance, Michigan passed the Cottage Food Industry law that specifically allows for the production of non-hazardous food without a license or inspection. In North Carolina, a compliance officer from the North Carolina Department of Agriculture and Consumer Services comes to your home to inspect.
Farmer's Markets
- Most states allow for the preparation of home-based baked goods, fresh vegetables and fruits, canned jams and honey and candy items for sale at farmer's markets and flea markets without inspection or state licensing. The states allowing for this type of home-based cooking operation typically stipulate the foods must be sold in these avenues only. Before you pursue sales through this avenue, ensure there are no label requirements by your state. The label will typically read "Made in a home kitchen and not inspected by the (insert state) Department of Agriculture." The name of the product should also be included, along with the ingredients used to make the product. Check your state's cottage laws regarding requirement of home labeling.
Business Licensing
- Many home-based cooking operations are sole proprietorship or partnerships. If you plan to make a living with your home-based food business, a DBA (doing business as) license is a good idea if you are naming your business. The fee for this registration is between $25 and $35 as of 2011. DBA registration isn't necessary if the name you use contains your legal name. In addition, your state may require other food processing licensing, particularly for catering businesses that produce meat dishes and other dishes that could be hazardous to the consumer if not stored or properly prepared.
What Is the Purpose of Business Law?
Main Purpose
- Business laws create consistent, predictable standards. While laws that govern businesses vary by state, they all have certain requirements that reduce risk and uncertainty between parties that enter into formal agreements.
- Many business relationships form over contracts. In order to encourage the formation of business relationships, laws must provide enforcement that allows contractual relationships to stay intact.
- Predictable business laws allow people in business to enter into multiple transactions with the assurance that each transaction receives a certain level of protection. For example, a commercial leasing business may sign multiple leases in a single day. They can do this because of the predictable ways in which states govern lease transactions.
- Uniformity saves time in business law. When business owners rely on the same laws to conduct business, they need to know that state agencies and courts apply the laws in a uniform fashion. Judges frequently consider the potential for uniformity when they interpret any area of business law.
Uniform Commercial Code
- The U.S. Small Business Administration defines the uniform commercial code (UCC) as "a comprehensive set of laws governing commercial transactions between U.S. states and territories." Not all states have adopted the entire UCC, but they have all adopted a version of the code.
What Is International Business Law?
- Once the United States won the second World War, it sought to standardize business practices worldwide, especially in war-torn Europe. Legal standards were put in place by the American-dominated trading system that sought to create a global regime of free trade using the U.S. dollar as the base currency. Only a major international power such as the postwar U.S. could have made this trade regime work.
- International business law is a matter of self-interest. To have a single legal framework that governs international transactions saves money by simplifying the costs of compliance. If a firm had to modify its functioning based on each state's legal structure, the costs of doing business overseas would be very high. Having an international framework saves time and money.
- International business law has several sources for basic legislation. Primarily, major financial institutions that back groups such as the International Monetary Fund and the World Bank are major legislators of basic business practices. In addition, regional organizations such as the European Union, the Arab League, and the Association of East Asian Nations are also sources of international law and practice in business. Powerful states such as the U.S., oil producing states and China also have a important role to play in shaping international business legislation. Ultimately, law in this case often becomes compromises among these power centers.
- The basic features of global business law concern protections for intellectual property, contract enforcement, environmental protection and labor standards. The goal here is to create uniform standards as much as possible. The European Union, for example, has standards on all of these areas that seek to create a uniform European code. This is to facilitate movements of goods and labor across national borders to cut the costs of doing business.
- International business law, at its root, is about transcending the nation state as the only source of legal authority. While it is true that businesses must obey local laws, international law has made this adaption much easier. A state that does not implement basic international standards in areas such as eliminating tariffs or making banking practices transparent risks being left out of potentially lucrative global investment. The adoption of international legal standards of business tells the world that this government and this economy is ready to become part of the global community and receive the financial rewards for so doing.
What Is Business Law & Ethics?
Business Law
- Business law, or commercial law, is the body of law that relates to trade and commerce, banking and investments, contracts, marketing and advertising, incorporation and corporate structure, and finance and collections. Business law in the United States is delineated by the Uniform Commercial Code (UCC), which sets the standards and rules for commercial activity. Every state has adopted at least part of the UCC. State and federal governments supplement the UCC with other regulations that reflect the individual situations that affect their territories.
- Business law determines the minimum standards of behavior expected of companies and sole proprietorships. Enforcement of these laws on a corporate scale generally consists of fines charged to the corporation. Individual accountability for corporate crime has to be proven to have taken place by the responsible party. For example, a company may have sold a product it knew was defective, choosing to sell it anyway. Unless you can prove in a court of law through evidence that the president of the company in particular knew about the defect and ordered the product to be sold, you can sue the company, but you cannot press criminal charges against the corporation. Since a corporation cannot do jail time, all there is left to use to penalize the corporation are fines or court judgments.
Business Ethics
- Business ethics go beyond simple legality. They describe the way a business should behave–how a business does what it is legally obligated to do. Ethics are not as much a specific code of conduct as they are values to be upheld and practiced. They are the spirit of the law, as opposed to the letter of the law. This is designed to create an environment of personal accountability within the business, where there is none under the law.
- Business ethics also shape the perspective that the public uses to view a business. Values like honesty, integrity, confidentiality, respect–those are values that are a part of business ethics. While the law may not require you to tell the complete truth in a business situation, such as when a manufacturer uses "puffery" to describe an object, being honest about the product will gain a business a reputation for being ethical. People want to do work with or make purchases from businesses they believe to be ethical.
Legalizing Ethics
- Due to some of the Wall Street scandals of the early 2000's, laws like Sarbanes-Oxley Act of 2002 were put in place to bring some ethical accountability for corporate financial behavior. This has made legislators more comfortable with the idea of telling businesses how they should act, instead of merely telling them how they can't act. The field of business ethics has blossomed due to the creation of consulting firms that help businesses to develop ethical policies and to monitor compliance with regulatory standards. Business law has begun to merge with business ethics.
Description of a Business Law Degree
- Business law degrees are available at the associate, bachelor's and master/doctoral degree levels. An associate degree incorporates basic legal issues as well as general management courses and specific skill courses on legal practice work. Bachelor's degrees concentrate less on specific legal office skills and have more emphasis on business and legal theory. A JD/MBA is a dual degree that is both a master's and a doctorate and is an academically rigorous program designed to produce a fully qualified lawyer and businessperson.
- Both MBAs and attorneys are in demand, and candidates who can offer both are in a particularly good position. Whether you want to be an attorney who specializes in business law or a businessperson that can advise her company on legal issues as well, the combination is extremely valuable both to business and to government.
Getting a degree that specializes in both can also substantially reduce the time that would ordinarily take to develop both spheres of expertise. While a JD ordinarily takes three years and an MBA takes two years, the dual degree takes four years total.
Time Frame
- These degrees can now be pursued either on campus or remotely, part-time or full-time. An associate degree pursued full time can be accomplished in two years, a bachelor's degree in four, and a JD/MBA in four. When taken on a part-time basis, the dual degree may take up to six years. Be sure to calculate an additional six months to a year for the application process, including the time necessary for preparing for and taking LSAT and GMAT entrance exams. The time necessary to study for and pass a state bar exam varies by the individual.
Salary Expectations
- The average salary for a business law graduate with a JD/MBA in 2009 was about $87,000, with a range of $60,000 to $100,000. Paralegals with a business law bachelor's degree can expect an average salary of approximately $40,000.
- Though demand for people with MBAs and law degrees is high and growing, competition is also fierce. Pursuing this degree will require a high level of dedication in order to stand out from the crowd academically and, therefore, professionally after graduation.
One of the most valuable things you'll get from your education is your network of professors and classmates. Don't miss out on opportunities to build relationships while you're in school. Those contacts will be able to help you throughout the rest of your career.
How to Study for a Business Law Exam
How to Study for a Business Law Exam. A course in business law provides a good foundation to a successful career in the corporate world. Here are some steps to help you study for a business law exam.
- Start early. The last thing that you want to do before an exam is cram. You will retain very little information when you wait until the last minute. Take advantage of the syllabus and set up a study schedule and stick to it.
- Gather your course material. You are going to need to refer to the information when you sit down to study. Have all your notes, handouts and textbooks near you. By having all of the information, you won't have to constantly look for course material during your study time.
- Analyze case studies. Familiarize yourself with past and current cases. This will help you with your business law exam.
- Get supplemental information. It never hurts to find related outside materials. They can come in the form of an article, a website or class-related textbooks.
- Find a place. Having a proper place to study is important. Stay out of common areas such as your living room, student union or any other place that will be distracting. The library or your bedroom are the best places as long as they are quiet and free from disturbances.
- Take breaks. For every hour that you study you will want to take 10- to 15-minute breaks. This will keep your mind fresh and you will be able to study for longer periods of time.
- Ask for help. There are people that you can turn to when you are in need of assistance. Your professor, tutoring center and other students are all valuable resources when you find yourself not understanding something that is going to be on your business law exam.
How to Survive as a 1L Law School Student
- Be prepared. Believe it or not, some 1L students don't realize that there are reading assignments due at the first class meeting. Few things are more embarrassing than being called on to recite a case in your very first law school class and having to publicly announce that you're unprepared. You should try to have the first several weeks of reading assignments done before the first class meeting. Not only will this help keep you up to speed, but it will also give you more time to outline and study late in the term.
- Brief every case your 1L year. Many law school students (especially 2L and 3L students) will tell you that briefing is a waste of time and will advise you to purchase canned briefs. Part of succeeding in law school, though, is developing an analytical model for breaking cases down quickly into their component parts (Facts, Procedure, Law, Reasoning, and Holding). 2L and 3L students have often already done this, so briefing isn't as important for them. But for a 1L student, briefing cases is imperative. You'll be thankful for this advice when you get your 1L course grades.
- Make your own outlines. Most law school classes don't come with traditional textbooks, they come with casebooks. Throughout each class, you should be extracting law from the cases you read and integrating that law and your professor's lectures into a comprehensive outline. It is from this outline that you will study for your 1L exams. Don't use outlines produced by others, especially from classes with different professors. Making your own outlines is a great way to study and is the only way to make sure you're studying the right material.
- Actively participate in class. Participating in class is a great way to wrestle with the complex ideas that you'll be trying to master in your 1L classes. Participation is also a good strategy for getting to know your professors and other students. In addition, participating by raising your hand to volunteer when you're prepared will often save you from being called on when you're not as prepared.
- Study often and early. Students who do well in law school begin their outlines by about the third or fourth class session (at the latest) and study many hours each week for every hour they actually spend in class. A good ballpark figure is that you should spend at least 2 to 3 hours studying each week for every credit you're taking. So, if you're taking 15 credits in your 1L year, you should spend 30-45 hours studying outside of class each week. Although this might seem excessive, it's how book awards (the awards given to the person with the top grade in each class) are won.
Law school Questions and Answers
A never married dad wants at least joint custody of 3year old daughter in michigan and can not afford a lawyer
mother is uncooperative and caddy. father makes $30000 per year and can't afford lawyer, she will not give joint custody willingly, what can father do? Contact a local law school and ask them for the phone number of.
Do female lawyers face discrimination in the workplace/school?
According to the Princeton Review, as well as several other reputable sources, women can be treated poorly by their male classmates in law school. In fact, the PR includes a list of 'women-friendly' universities because this sexism is so widespread. Also, I have read that often women often are passed over.
Do judges need to be attorneys?
Do appointed court judges need to be attorneys A college degree and work experience is the minimum requirement to be a judge. Most judges have worked as lawyers. In fact, Federal and State judges usually must have worked as lawyers. That means that they need to go to law school. Law school usually.
Do Law Students help out in court?
and if so, what do they do? There are law school 'clinical programs' in which 2d and 3d year students get to represent low-income people in court, under a lawyer's supervision. There are other programs where the students work as interns in law firms, and get to do some of the research.
What are the education requirements for lawyers?
*sigh* this is for a project im doing generally, 4 years high school 4 years college three years law school pass the bar exam in the state you want to practice in. – 1 – Graduate high school 2 – Graduate college 3 – Graduate law school And, if they want to.
What are the steps to being a Real Estate lawyer or attorney?
It's not so difficult. First you complete your B.A. or B.S. Then you go to law school. It helps if you take some courses in law school that focus on real estate, for example: Real Estate Transactions, Land Use, Real Estate Litigation. Do your best in.
What do I need to do to be a Pennsylvania lawyer? And how long will it take?
You need to go to college (4to5 years.) You need to go to law school (3 years) You then need to study for and take the Penn Bar Exam. This can take 3 months to forever Shortest amount of time would.
What type of career options are available for lawyers specializing in international law?
Also, what is the average salary. Is it an in demand field? Please include any other information you can give me about this type of law. I am about to attend law school next year. I am thinking about specializing in corporate law or international law..
Whats involved to become a lawyer?
Just wondering about possible future careers and would like to know what you need to do to become a lawyer, how many years at university and what you do when you become one? You must take a first degree, then apply to law school. It doesn't matter what you major in for your.
What's the difference between a JD (juris doctor) and an LLM ('?')?
Can I take the bar exam with either? Chances for gainful employment better with one or the other? Which is harder to earn? You receive a JD after successfully completing and graduating from an ABA accredited law school. It takes 3 years day or 4 year evening.
Which Law School?
Which Law School? I have the option to attend Albany Law (no scholarship costs $35k a year, but is a Tier 3 law school), Western New England Law (Scholarship money will make my out of pocket cost $15k a year but it is a Tier 4 law school located in Springfield Mass) or New England Law.
do you think my hopes and dreams will come true for me being a layer?
i wanna go to law school when i grow up I always say 'If you can dream it, you can be it.' You can be anything that you want to be. With enough hard work and dedication, you can do anything. Keep a positive.
Would law schools be more lenient on GPA if I major in Chemical Engineering and aspire to be a patent lawyer?
I'm a second-year ChemE major student at UC Berkeley. I want to go to law school and practice patent law, but my GPA is a little less than a 3.0. Do I have a chance? I think you.
Any recommendations for a good LSAT book?
I'm planning on taking the LSATs and pursuing law school but there are so many LSAT books out there, I don't know which one to pick. Any really effective LSAT practice books that you guys recommend? The best study guides I found were the Powerscore Bibles (I took the course as well,.
Become a lawyer?
I'm interested in the law, government and politics. I'm in college studying political science and I do very well and like my major a lot. I also like history. A lot of people tell me I'd make a great lawyer. I have doubts though. How do I decide to go to law school? Do lawyers have.
Does anyone know where i can get money to go to law school?
Typically, there is less federal assistance available for law school. There are very few grants available for the government, because they expect you to be able to make enough money to pay them back later. But you should be able to take out a combination.
Does it make sense to earn a second bachelor's degree before going to law school?
I went to a small 'no name' liberal arts college and earned a BS in Computer Science. I earned a MBA online. I am now a math teacher in an inner city public high school. (The same one I went to) Go figure! I.
How does Skinner v. Oklahoma 1942 been used to expand the protections of the constitution?
or it could be Levy v. Louisiana 1968, Craig v. Boren 1976, and/or Lawrence v. Texas 2003. go to www.4lawschool.com click on case brief bank click on constitutional law briefs then look up each case. I am in law school too.it isn't that hard.
How long do you have to got to school to be a lawyer?
3 years after undergrad if you go full time, 4 if you go part time. – 2 more years after college – Four years of college, two years of law school. – 7 years, but many schools will give life experience credit for a history.
How many credits do you need to be a lawyer.?
I'm not sure what you mean by credits. To be a lawyer, you must have an undergraduate degree and then attend law school. Law school is usually 3 or 4 years (full v. part time). Each school has different required courses and credit requirements. After you graduate law.
How many years do you have to to school to be an Entertainment Lawyer?
An American Bar Association approved law school is generally 3 years long. To be admitted to such a school you'll need an undergraduate degree (i.e. a BA) and to take the LSAT. After going to law school you'll need to to take the bar.
How many years of college does it take to become a lawyer?
About 7 years all together when you figure 4 years of college and then 3 years of law school. You can talk to any attorney or go to the law library or any college and they will tell you everything you have to do to become.
How to be a lawyer in California?.a step by step walkthrough.?
Get good grades in high school and graduate. Take the SAT and get a good score. Go to college, get good grades and earn a BA or BS. Take the LSAT, and score high. Get accepted to a CA accredited law school. Graduate from law school with.
I need some info on common law, how can i get it done?
I would recommend going to a local law library (and local law school will have one) and using some of the treatises on law. Treatises give the generally accepted rules for the various issues in law and the notable exceptions to those rules. Additionally, they.
I want to find a law school in NYC and the price it will cost to go there can anyone help me thank you?
There are numerous law schools in New York City. There's New York University, Columbia, Fordham Law School, Cardozo Law School (a school in Yeshiva University), and New York Law School (different from NYU). St..
If you want to work in govt. intelligence do you have to go to law school?
No. Usually an analyst has another particular skill such as foreign language experience and a specialty that makes them valuable. For me it was my background in mathematics that attracted their attention. – honestly now.when you think about it what does govt.
Fiance is Army officer, got ed. delay for grad. school. Is he considered 'in the the Army' while on delay?
Fiance and I are getting married while he's on an educational delay for law school. He was a First Lieutenant prior to entering law school, and I'm trying to figure out the proper way to word our wedding invitation..
Has a registered sex offender EVER become successful AFTER.?
Has a registered sex offender ever shook off the chains of the scarlett letter and become a succesful and productive member of society? I am not talking about the ones who fail to register and skate by on anonymity or the people who become advocates. I am in law school.
Obtaining TWO Juris Doctor Degrees?
I recently obtained my J.D. degree. However, my grades were not that hot. However, I definitely feel in retrospect, if I were given the second chance to 'redo' law school, I'd be able to do much better. I was just wondering if I had the chance to pursue another J.D. degree, at another.
The stuff that happens to prosecutors on TV are fake, right?
Prosecutors getting framed, kidnapped, ambushed, murdered by the minions of the criminals they put away, that's all TV right? Or does it really happen in real life? Because i'm thinking law school right now and being a prosecutor is my main career objective. I have known hundreds of.
There is no way i can get to harvord what is a good law school in NORTH CAROLINA?
I NEED TO KNOW QUIK Duke? UNC?(any campus) NC State? Appalachian State? – s – Duke – Duke – North carolina state ncs sorry this is my partners suggestion – Duke. One of our own presidents received his law degree from.
Cambridge University Summer School Law Programme
What does a law education consist of? How long do you have to go to school to become a lawyer? These are just a few questions that may come to mind if you are thinking about becoming an attorney. These are certainly valid questions; after all, deciding on your future is a very big deal! That is why testing the waters is a good idea. When you think of law, Cambridge summer school should be one option that comes to mind. When it comes to an education in law Cambridge University summer school provides you with an excellent opportunity to explore how you may feel about going to actual law school. Here, you will also be able to find answers to your many pressing questions dealing with the professional.
While you can apply for law school no matter what your undergraduate degree (or degrees) is in, there are certain undergrad majors that are better suited to a future law student than others. Again, no courses are required in undergrad in order for you to get into law school. Knowing this information, even if you see yourself attending law school in the future, do not feel obligated to take pre-law as your undergraduate program. If you are very certain that you want to practice law, pre-law might be the best choice to make, but if not, take whatever you feel most pulled to! Personally, I know an excellent attorney that went to undergrad to major in engineering and minor in psychology. This is another option; majoring in what pulls you most, and minoring in pre-law.
If you do wish to take a program that will help you down the road in the event that you do choose law school, there are some excellent choices. In fact, when it comes to subjects other than law, Cambridge University summer school has much to offer as well! For instance, aside from law, Cambridge summer school also offers history and economics. These are two of the most popular undergrad degrees held by lawyers. The program also offers classes such as English Lit and Philosophy; also good undergrad degrees for future law students. In total, in order to complete your education and become a licensed attorney, you will have to go through four years of undergraduate school and then three years in law school. After you are practicing, you can continue to educate yourself so you can specialize in specific legal areas.