Archive for 2010

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Why You Should Trademark Your Domain Name

Why You Should Trademark Your Domain Name

If you have read anything on trademarks at all, you will continually see a recommendation that getting a mark carries great benefits. Is this just a marketing pitch or does it make sense to file with the United States Patent and Trademark Office?
Filing a trademark is definitely a good move for just about any business. That being said, there are definitely some wild claims made by some of the "file for $199" sites out there. Given this, let's look at the key tangible benefits that you will get by filing.
The first benefit is the registration creates a line in the sand when it comes to timing issues. A successful mark is considered to give constructive notice to all other parties that the owner of the mark has the right to use it on or with the goods and or services listed in the filing anywhere in the United States. This also conveys the right to stop any later users from infringing on the mark.
The registration with the Patent and Trademark Office also carries a second benefit. It creates a prima facie inference that the mark is valid and that the mark has been so used in commerce during its term. This shifts the burden of proof on validity to the opposing party in any trial over the merits of the mark, a major legal advantage.
A registration really confers a huge benefit once the five year mark has passed since its registration. How so? Once that magic date is hit, the mark becomes incontestable. It cannot be attacked on its validity, a prior use claim or whether it is only a descriptive mark. This effectively slams shut the door on many of the potential claims of the opposing party.
If you are required to file a lawsuit against a party for infringement, the fact you filed for the mark conveys huge benefits on you. The major advantage is you can recover the attorney fees incurred in the prosecution of the claim. If you can show the other party willfully infringed on your mark, you can be awarded treble damages against them.
There are other benefits that come with trademark filings, but these are the key ones. Together, they give you a huge legal advantage over other parties, something that cannot be undervalued in the current economic climate.

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Trade Compliance Specialist - Think Before You Click "Submit EEI" In AES!

Trade Compliance Specialist - Think Before You Click "Submit EEI" In AES!


Exporters and freight forwarders do it every day, all day long. That is, submit their electronic export information or EEI via the U.S. Census Bureau's Automated Export System (AES) using AESDirect, AESPcLink and other custom software programs. Do you know what you are signing up for when hitting "enter" and submitting your EEI?
All parties involved in export transactions, including authorized agents or forwarders, should be aware that commercial invoices and other commercial documentation may not necessarily contain the information necessary to prepare and submit the EEI. Yet, the U.S. Principal Party In Interest (USPPI), freight forwarder or agent is certifying that the EEI information is true and correct. How do you know if it is true and correct? Who's problem is it and what are the ramifications if it is incorrect?
You or your company signed up to seventeen separate AES Terms and Conditions when you registered your new AES account. For example, in the 2nd item you have certified that, as a registered company, you are and will continue to be in compliance with all applicable laws and regulations. In term #13, you have signed up to the fact that filing EEIs for exports constitutes a representation by the USPPI that all statements and information are in accordance with the export control regulations and that the commodity described on the declaration is authorized under the particular license as identified on the declaration and all conditions of the export control regulations (presumably 15CFR parts 730-774) have been met. In the 14th term, you agree that it is unlawful to knowingly make false or misleading representations for exportation and that doing so constitutes a violation of the Export Administration Act, 50 U.S.C. App. 2410. Terms 15-17 also address the world of pain that you will endure for violations of 22 U.S.C., 18 U.S.C. and 13 U.S.C. Or did you just click the check box stating that "I have read and agree to the Terms and Conditions that govern the use of AESDirect?
Now that you remember what you signed up for, you should take a closer look at the information that you are certifying. The EEI includes information about the parties to the transaction including name, address and contact information about the USPPI, Ultimate Consignee and Carrier Identification. Are you sure you know who the USPPI is for your transaction? While this may appear obvious to USPPIs filing on their own behalf, I recognize that, in many instances, forwarders and even other USPPIs are filing EEIs listing the wrong USPPI and those USPPIs are often unaware of the misuse of their company information! Exporters (USPPIs) are advised to request a validated record of their AES submissions for your internal audits. This information is free for 12 months of data and can be requested every year.
What about the other data elements? Did you get the Schedule B number in writing from a reliable source (e.g. manufacturer, item database, compliance department, etc.) or are you using the number that you predecessor told you to use? Or worse, you weren't provided with a Schedule B number so you are simply using the number that worked for you last time? The same holds for the ECCN and other data fields. Did this information come from a documented source or "tribal knowledge". Simply entering EAR99-NLR (No License Required) without fully understanding the classification of the product you are exporting puts you and your company at great risk of violation of the aforementioned laws and regulations. While this may sound shocking to some, it is happening every day and unsuspecting exporters are often unaware of the violations that are occurring under their watch. In fact, it has been reported that Customs and Border Protection (CBP) has issued over 1,200 penalty notices in the first half of this year!
The most important data element that an exporter or their agent can certify is the License Code / License Exemption Code. These codes indicate the type of export license, export permit, license exception or license exemption or other export authorization. This could be a national security concern as loose controls here could permit the inadvertent export of controlled U.S. items, software of technology. It is imperative that the filer understand the "License Type" or applicable exemption in the commodity information and not simply enter "C33: No License Required". Furthermore, it is not advisable to use any license exception/exemption without fully understanding their implications. Using a license exemption/exception essentially empowers the exporter to make the "go, no-go" decision of a U.S. government licensing officer. It is a significant responsibility!
Exporters should be aware that they still have significant responsibilities as the USPPI even if their forwarder or agent prepares the EEI on their behalf (please contact us for our white paper on this subject). Part 30.71 of the Foreign Trade Regulations hold that any person, including USPPIs, authorized agents or carriers, are subject to fines and penalties not to exceed $10,000 (or imprisonment of up to 5 years if criminal violation) or both, for each violation of the regulations.
Submitting your EEI appears to be a simple administrative task-and it is if you know what you are doing... Think before you hit "Submit EEI" in AES!

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Speeding Ticket Defenses - Was The Posted Speed Limit Correct?

Speeding Ticket Defenses - Was The Posted Speed Limit Correct?

Figuring out the Speeding Ticket Defenses to use, means you are ready to fight. Congratulations. I'm sure you've gone from being pissed off to just plain determined not to be taken advantage of by the man. You know the system is rigged against you and set up to take your money. Now you are looking for strong position's before going into court so you can WIN!
It's absolutely essential that you have a number of strong strategies when going to court. This is because you are trying to create doubt of your guilt by punching holes in the case against you. You do this by creating doubt in many different aspects of their information. Enough doubt, and the judge will throw your ticket out.
Here are 2 key strategies to use that are overlooked quite often but very useful:
Proper Speed Limit Postings
This is one of the pretty straight forward Speeding Ticket Defenses. You need to review the scene from between the last speed limit sign and where you were pulled over. Check to see if the speed limit sign was hidden by foliage or otherwise not easily visible. If it is visible, move on to another strategy. If it is not visible, check the city codes to see what the default speed limits are for the type of road you were on before using this case. If the default is your speed limit or higher, this is a valid defense to use. You can say you were going a safe speed per the default limits since there was no visible posted speed.
Proper Speed Limit Ratings
This is one of the trickier Speeding Ticket Defenses. The state is required to officially rate all roads for a safe speed. This is so small towns can't put up speed limits artificially low to engage in writing tickets for profit. You can request this information from the state. You may need to pay for the information depending on the states regulations. If the state rated the road higher than was posted, you can approach the prosecutor and most likely they will reduce the fine commensurate with the speed you were going. If the prosecutor won't do this, the judge will almost always agree to the change. I know this one from experience. There was a 2 mile new exit ramp that was more like a road, which was posted 30 MPH. I was clocked doing 61. The state rated it a 45. That was a huge savings on the fine. Two months later, I noticed they replaced the sign with a 45 MPH sign.
Yes, it stinks to get a ticket and it pisses you off even more when you understand how rigged the system is against you. Figuring out the best Speeding Ticket Defenses to win in court is pretty simple if you know how the traffic court system works.

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Do I Really Need a Probate Lawyer?

Do I Really Need a Probate Lawyer?

For many people, managing the estate for someone who has passed away is something that they either haven't thought about or have never had to deal with in their lives. However, it is almost inevitable that at some point in your life, you will be faced with a situation in which someone you know dies and you ask yourself, do I really need a lawyer to help me handle this?
What is probate and how does it work?
In general, the word probate refers to the way someone's assets are handled and distributed after they pass away. If there is a will, this involves executing the will and settling any debt and other issues outside of that document. If there is no will, probate law specifies how and to whom the assets should be transferred.
The usual process for settling an estate may include the following (however it may vary from state to state):
  1. After an individual passes away, a petition is filed with the court to name the person responsible for their estate and to officially open the estate.
  2. A notice of creditors is printed in the newspaper so that creditors can file claims with the estate.
  3. Other interested parties are notified, such as potential heirs.
  4. All creditor claims that are filed within the appropriate time limits are settled.
  5. The remaining assets are distributed according to the will or relevant laws if there is no will.
  6. A petition for discharge is filed with the court to close the estate.
 The big decision
For those smart enough to plan for these considerations before time, there are things you can do to make things easier on everyone. If you are trying to keep your estate out of probate or trying to avoid any challenges after the fact, it is a good idea to contact a probate lawyer as you draft a will and conduct any additional estate planning.
However, if you are charged with handling someone else's estate after they pass away, hiring a probate lawyer can be a smart decision to ensure that you are executing your responsibilities properly. Finally, if you have concerns about the estate of someone close to you who has passed away or do not think that it is being handled appropriately and want to challenge an issue, it is definitely a good idea to hire a probate lawyer both to discuss the merits of a challenge and to represent you in this matter.
If you live in or around the metro DC area, the law firm of Flanders and Wade can provide you with valuable guidance in the area of Virginia probate law. The firm has more than twenty years of estate planning experience and maintains a strong commitment to providing quality service at fair prices.

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Raynaud's Syndrome and Excessive Vibration

Raynaud's Syndrome and Excessive Vibration

Raynaud's syndrome is peripheral vascular disorder that typically impacts the hands. Raynaud's syndrome, also referred to as Raynaud's disease or Raynaud's phenomenon, can be caused by exposure to cold, an emotional response, or also an exposure to repeated vibrations, like those felt when operating a jackhammer. Workers who often use this type of machinery in their employment are frequently affected by this disease.
Raynaud's syndrome causes the arteries in the hands to spasm and results in the discoloration of the hands. The hands might also turn blue if significant amounts of blood are trapped and deoxygenated in the arteries. This syndrome can also damage the nerves in the affected tissue, so that some sensation is lost in the hands, limiting their full function.
Constant exposure to vibrations when using a jackhammer or power sander puts a frequent user at risk for developing this disorder. This can be detrimental to their continued ability to use these objects. For those whose employment involves that ability to handle this type of machinery, this disease can be very detrimental. It is crucial that if you see the development of this disease and think it may be related to the nature of your employment, seek proper treatment.
Vasodilators can be prescribed to reduce the symptoms of this disease. These medications work by relaxing and widening the blood vessels in order to reduce the spasms that cause discoloration and loss of sensation. This type of medication can significantly protect the health of the tissues in your hand.
If you have been affected by Raynaud's syndrome and feel that the conditions of your employment have caused this situation, you may have legal options for being compensated. Please visit the website of the Green Bay construction accidents lawyers at Habush Habush & Rottier, S.C..

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Introduction to Patenting

Introduction to Patenting


If you have an invention, be it a new product or process, then it may well be patentable, and a patent lawyer should be used to ensure that you maximise the protection available for your invention.
To obtain a patent, your invention must be novel at the time that you file your patent application and it must also be inventive. A patent is a bargain between you and the state. You tell the state about your invention, and if they are convinced that it is novel and inventive, then they will grant you a patent for it. The upshot of this is that you must keep your invention confidential until such time as you file your patent application. If you are worried that you may have disclosed your invention, then you should contact your patent lawyer company to discuss it. Sometimes a disclosure does not count, for example, because the disclosure was not enough for someone else to recreate the invention.
The procedure to obtain a patent is relatively complicated, but a patent lawyer should make the process as simple and smooth as possible for you. They should do the hard work for you.
Firstly, your lawyer will require a full disclosure of the invention, concentrating on the reason for creating the invention, the advantages of the invention, the technical features, and similar ideas in the same field, which are already in the public domain. If you have conducted a patent search, then the patent lawyer should want to see the results. You may ask yourself, can I show this information to a patent attorney company? Well the answer is that you can with 100% confidence, if they are a chartered British Patent Attorneys and European Patent Attorneys. If they are, then they have a legal duty to you, the customer, to act properly and not disclose your invention improperly. They should, of course, tell the Patent Office about your invention at the appropriate time.
Albright Patents is a full service UK based patent and trademark attorney company offering representation before the UK Patent Office (UKIPO), the European Patent Office (EPO) and internationally before WIPO (World Intellectual Property Organisation). We can also file patent applications in almost any country throughout the world.

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An Agent Of a Judgment Enforcement Company?

An Agent Of a Judgment Enforcement Company?

There may come a time, not so far away, where every Judgment or debt buyer will have to become a licensed Collection Agency (CA) to stay in business. This article addresses issues that come up when CAs enforce judgments, and what this can mean for independent judgment buyers, enforcers, and judgment owners.
When one becomes a CA, they may either collect judgments under the supervision of another entity, or another entity may collect Judgments under their supervision.
Any CA, or anyone who advertises or appears to be a CA, is saying someone represents someone else. Not all agencies network with other entities, but most do.
Once one holds themselves out as an agency, many states require licensing in one form or another. Licensing may be expensive, and requires undergoing extensive background checks, purchasing a bond, insurance (which is not cheap or easy for a collection agency to obtain), and setting up a trust deposit account.
If one has employees or holds themselves out to have employees, or sets up a Website which gives the appearance that they have employees, then everyone whose name is listed on the Website may have to meet the state licensing requirements.
CA licensing may be compared to buying automobile insurance. In some states, as long as one has a valid driver's license, one may allow another person to drive their car. If there is an accident, the owner and the driver may be covered under the owner's insurance.
Other states require everyone driving the vehicle to be insured under the owner's policy, which means every driver will have to undergo a background check. Everyone is checked to make sure their license is valid, and that there have not been too many accidents or problems in the past. Only after a driver is cleared by the insurance company are they placed on the policy, and will be covered in case of an accident.
The same analogy applies for collection agencies. Most states (E.G. Arkansas, Illinois, and Florida) require anyone wanting to become a collection agency to submit a detailed application.
Just because someone is licensed under one business entity doesn't mean that every entity they own is covered under that same licensing application. Most states do not allow the transfer of a license to another entity, nor do they allow an agent's other business entities to be covered.
Check if any collection agency name or person is licensed in their particular state. Should a search not show that the agency is listed, contact the agency which handles CA licensing in your state, and make sure the agency is licensed in all states related to their office and in the jurisdictions of the affected judgments.
The FDCPA is a big set of laws that agencies have to follow. All it takes is for one knowledgeable person to file a lawsuit for a violation, for a collection agency to be heavily fined or shut down. A few collection agencies have been violating the FDCPA for years. Recently the FTC has been coming down hard on collection agencies. Make sure your agency is not threatening people with lawsuits if they have no intention of suing the debtor, or taking the legal action threatened.
Check the complaint history with the BBB, or an online search of complaints. If there is a long list of complaints related to FDCPA violations, do not use that agency.
Make sure that the collection agency enforcing your judgment meets all licensing requirements. In the rare event that the Judgment debtor or some state agency files a lawsuit or fines the collection agency, if a judgment owner is named as a party to the suit (which is allowed in some states), the chances for their judgment to be dismissed may be greater if the agency or its agents are not properly licensed.
What if you are in a state, that for now, does not require you to be a licensed collection agency to enforce judgments?
If you are working alone as a Judgment Enforcer, getting referrals or purchases from other Judgment Enforcers, you are just fine. However, if you have employees (agents?), you have to set up payroll, offer Workman's compensation, meet FICA rules meet other required laws, and make sure all the legal requirements for employees are met.
For those agencies using subcontractors in various states, the subcontractors may have their own state licensing, business and labor laws requirements to meet. Then there are tax issues such as filing 1099's and making sure one meets the IRS's guidelines for subcontractors, and making sure the IRS does not classify their subcontractors as employees.
It might be best not to be a collection agency until one doesn't have a choice. To reduce exposure to fines or lawsuits, it's a good idea to not give any appearance you are someone's agent, if the particular agency you are with is not licensed in your state.
Finally, check at least once every six months to verify that their licenses remain in good standing.

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Failure to Diagnose - Wrongful Diagnosis

Failure to Diagnose - Wrongful Diagnosis

Although protocol and rules designed to standardize treatment can be set, the nature of medicine depends on doctors using their best professional judgment. The American Medical Association sets standards and bar exams precisely to ensure that a person making medical decisions is fit to make such decisions.
The quality of treatment received can differ from doctor to doctor, but in some instances, a doctor completely fails to use reasonable judgment, or respond to a situation in a manner that a reasonable medical professional would. This could be due to carelessness, failure to secure a complete medical history from a patient, disregard for certain pain or symptoms, stress or bias, or even lack of appropriate knowledge and experience.
These types of errors should not happen. However, by bringing attention to acts of medical malpractice through personal injury lawsuits, ordinary citizens can help highlight dangerous oversights in the medical community and let this field know that negligent and carelessness will not go unnoticed.
There are many medical conditions that commonly do undiagnosed or misdiagnosed by medical professionals. Some of these include:
  • Pulmonary Embolism
  • Drug reactions or overdoses
  • Lung cancer
  • Colorectal cancer
  • Acute coronary syndrome
  • Breast cancer
  • Stroke
Knowing the types of errors most commonly made can help you better discover an incorrect diagnosis and ask your physician to double check his evaluation. The impact of an incorrect diagnosis can be severe and life altering. If you or someone you know has been incorrectly diagnosed and treated, you should seek medical help immediately from a different physician so that you can make sure that any medical problems you do have are addressed as quickly as possible.

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Advanced Directive Documents

Advanced Directive Documents


Establishing a will is an important way to protect an estate and to ensure that one's property and belongings will be handled in the manner one intends upon a person's passing. But in the unfortunate case that a person is incapable of managing their own affairs while they are still living, a will is not sufficient to provide information to whomever is controlling the estate of what one's desires are in this situation. Advanced directive documents provide a precise and legally-enforceable way for a person to outline their desires even if they are living but incapacitated, either temporarily or permanently. There are three common advanced directive documents that used to delineate the care of a person's estate in a situation that a will does not control.
The first type of document is a Statutory Durable Power of Attorney which specifies the person who would have control of one's estate in the event that they are incapable of controlling it themselves. Assigning this type of control is an important decision with serious implications, not only for the estate owner but also for those important people in one's life who will be affected by the actions taken by the Power of Attorney.
Medical Power of Attorney for Health Care can also be assigned. Like the Durable Power of Attorney, this person has the right to make decisions on one's behalf in the event that they enter an incapacitated state. As the name implies, these powers are specific to making decisions for you concerning medical activities.
Finally, the Directive to Physician and Family or Surrogate clarifies your wishes regarding your personal health in the event that one is close to death. This advanced directive alleviates the pressure of making crucial decisions about a person's continued health. These decisions are often complex and challenging to make because of emotional, financial, and practical variables that can affect it. By specifically citing one's wishes in these circumstances, a person can remove that pressure from friends and family who will continue to live with the consequences.

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Be Responsible - Know Jones Act Law Or The Jones Act Maritime Law

Be Responsible - Know Jones Act Law Or The Jones Act Maritime Law

What will be the thing to come in your mind when you hear about Jones Act Law or Jones Act Maritime Law? It is certainly a law, but what kind of law and they were referring to what specific field or cases?
In our society, several law were passed and each of which were taking a specific cases covered. One of those law were the Jones Act Law or sometimes called as the Jones Act Maritime Law. Both of the mentioned law refers to the Merchant Marine Act of 1920 which was passed by senator Wesley Jones. This law specifically covers the protection for the maritime workers and govern maritime activities, marine navigation, sailors and seamen. This law is the body of public international law dealing with the navigation rights and jurisdiction over coastal waters and international law governing relationships between nations.
You were aware that maritime industry came to be one of the most riskiest industry, though they paid their workers high. The workers often times were working longer hours compared to regular employee, the said workers were working offshore and often times they were away for couple of months. Because of these the health of the workers may be affected, the may suffer from in adequate medical attention that could result to a health complication or a personal injury. In addition, these also came to be the reason of the accidents during their work, one example was the accident which my father's co-worker had suffer. The accident happened late at night, it was very fast and less than an hour the man was already set in the hospital. My father told us that his co-worker was checking out for the engine condition when the heard a quick tick and it was followed with a fire and the man was reached by the fire and suffered from second degree burn. They immediately came to rescue the man and it was a good thing that during those times they were situated in a dock to unload their material. Before they took off for another assignment, the man was recovering but it was very slow, he was left in the hospital and look after by a company representative for his needs.
As you would see that was the reality, no one could escape from danger and you could never tell when and where accidents and injuries might visit you, there were no specific time and place.

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Is This The End Of The Copycat Era?

Is This The End Of The Copycat Era?


It is currently estimated that approximately 7.5 million people worldwide are engaging in illegal file-sharing, with 95% of all music files exchanged online being unlicensed and unpaid for. Media files are shared between internet users through file-sharing software, such as Kazaa and Limewire, which can be easily downloaded. The rise of file-sharing online has caused enormous losses to the music industry in particular, with an estimated £1.2 billion being lost last year. In light of this, it is no surprise that Parliament have sought to tackle the huge global problem of online copyright infringement.
By definition, the internet is a worldwide phenomenon, which is constantly used by billions of people every day. The global nature of the internet and online file-sharing has made it particularly difficult for Parliament to prevent online copyright infringement. The Digital Economy Act 2010 (DEA) received Royal Assent on 8th April 2010 and has now been passed in an attempt to solve this problem. Since its introduction, the Act has caused much debate.
The DEA has imposed a degree of responsibility on Internet Service Providers (ISPs), who are now obliged to monitor the online activities of internet users. If an ISP catches an internet user file-sharing, they must issue them with a warning. ISPs are also obliged to provide lists of copyright infringers to the copyright holders.
However, by far the most controversial aspect of the DEA is that it permits the court to order an injunction, effectively cutting off an individual's internet connection. Under the Act, internet connections can be blocked at "a location on the internet which the court is satisfied has been, is being or is likely to be used for or in connection with an activity that infringes copyright". In deciding whether to grant an injunction, the court takes into account amongst other things whether the injunction would be likely to have a disproportionate effect on any person's legitimate interests and the importance of freedom of expression.
Some have argued that access to the internet is a fundamental human right that should not be interfered with. Also, it could have adverse effects on innocent parties who have their internet access blocked by virtue of another's illegal act. For example, withdrawing internet connection to an entire internet cafe because one user is found to be file-sharing. On the other hand, others argue it is the only way to put a stop to the ever-increasing and long-lasting problem of online copyright infringement.
The introduction of the DEA is a symbolic landmark for record labels, as it will both: (i) help deter further illegal file-sharing; and (ii) assist them to sue those that continue to infringe copyright. Previously, it has been difficult for record companies to sue file-sharers as they have not been able to identify who is actually responsible. However, legal action has become a realistic prospect as under the Act, as ISPs have a duty to provide lists of copyright infringers to infringers copyright holders. This now helps enable record companies across the world to bring action against those exploiting the internet.
The vast majority of legal disputes that do occur between record companies and copyright infringers tend to settle out of court. However, those seeking to defend their innocence should be weary in light of the relatively recent US case of Record Industry Association of America -v- Thomas 2007. The Defendant could have settled out of court for around $4,000, but instead opted to fight the case. At trial, the court found that the Defendant to have illegally downloaded 24 songs and ordered that she pay $9,250 per song to the Claimant. She was therefore liable to the Claimant for a total of $222,000! A controversial aspect of the case was that the Defendant was found liable despite the Claimant failing to prove that the songs on her computer had actually been transmitted to others online. Rather, the act of merely making them available to copy was enough to hold her liable.
If you wish to take action against copyright infringers, it is necessary seek legal advice from an Intellectual Property Law specialist. The radical changes the DEA has introduced could well be the beginning of the end for a long era of bootlegging in the digital age.

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Immigrate To Canada - How To Start The Procedure And Not Spend All My Savings Before I Go There

Immigrate To Canada - How To Start The Procedure And Not Spend All My Savings Before I Go There


Assume that you are prospective immigrant hoping that one day you will settle your family in Canada. Due to the fact that Canada is one of the most attractive immigration destinations you will be literally cross fired by different offers for immigration services that promise you to become Canadian citizen in no time. Yes it is possible for everyone to become Canadian Citizen because all humans are equal despite of their nationality, religion, financial situation, etc. In no time - IMPOSSIBLE. Usually using the services offered in those advertisements would cost you from $2000 to sometimes $15000 for every person in your family.
But lets stop accusing those consultants and agents, they will be out there getting those money for literally no work done by them unless people stop using their services. In order to stop using their services people must be informed so they get the knowledge of how to do it and how to complete the procedure for getting Canadian visa and eventually immigrate there. Below you will find out the first steps that have to be done to start the procedure.
Step 1. First of all you have to select your appropriate Immigration Class.
Immigration Classes are:
1. Federal Skilled Worker Class ( this class is divided into 4 subclasses )
a. Skilled Worker And Professionals Class
b. Canadian Experience Class
c. Provincial Nominees Class
d. Business Class
2. Family Class
3. Quebec Selected Immigration
4. Refugees Class
5. Others
So lets analyze those classes because it is of crucial importance and actually it is the foundation of success right from the beginning.
1. Federal Skilled Worker Class ( this class is divided into 4 subclasses )
a. Skilled Worker And Professionals Class
The cases of those applicants are proceeded on the basis of their individual skills and the likelihood to contribute to the Canadian economy. They have to meet the minimal work experience requirements, and prove that they have sufficient funds to settle in Canada.
b. Canadian Experience Class
This class is for temporary foreign workers and international graduates who want to become permanent residents.
c. Provincial Nominees Class
This class is for people that want to immigrate to specific province of Canada. First they have to apply to the Province authority. Those immigrants are usually selected based on their skills.
d. Business Class
Those are investors, businessman and self employed immigrants that will invest and help the improvement of the Canadian economy.
2. Family Class
Those immigrants must be sponsored by close family members ( parents or spouse ) that are Canadian citizens or already permanent residents
3. Quebec Selected Immigration
These are skilled workers and professionals that wish to settle in Montreal or another city in the Province of Quebec. They are selected to comply with the rules of the Province of Quebec and they have to prove that will be able to settle there.
4. Refugees Class
Those are immigrants that are admitted under special rules
5. Others
Those are Students, Permanent Workers, Visitors, Information Technology Workers, etc.
The above mentioned classes are all the categories that qualify for Canadian visa, so the first step for anyone who wants to immigrate there is to determine the class that suits him.

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10 Ways To Save Your Identity

10 Ways To Save Your Identity

Identity theft is on the increase. Fraudsters are continuously looking for ingenious ways to steal your identity and use this for fraudulent purposes. Sometimes without even realising, you might find yourself in circumstances and situations that put your identity at risk. Having someone else use your personal details, assume your identity, steal your money, and / or commit fraud in your name is not a position you want to find yourself in. Having your identity stolen can be both financially and emotionally devastating. Therefore, it is in your best interest to be protected and we have provided you with some simple steps you can take to help save your identity.
1. Social Networking Sites
All too often people are just too willing to put all of their personal details onto Social Networking Sites such as Facebook, Twitter, MySpace etc. Often these sites are plastered with personal information such as a person's date of birth, employment details, education history, contact numbers, email addresses etc. People also freely post up personal photos which can be easily copied. All of these very personal details recorded on your profile can be used by fraudsters who could build up enough information to pass themselves off as you and use your identity for criminal activities.
I have been amazed with Facebook. I set up a Facebook profile and contacted random people to ask if I could be their friend. Within a couple of weeks, I had amassed over 500 friends who have all let me into their personal profiles and whom freely invite me to parties and events. I have no idea who these people are, but most importantly, they have no idea who I am and what my intentions are from being a cyber friend of theirs. Luckily for them I am of good character with no untoward intentions.
2. Paperwork
All of us get inundated with paperwork and at some stage we need to do a cull and throw some of it away. This might be old bills, obsolete letters, receipts, employment contracts, rental agreements, loan contracts, bank statements etc. It is important that you are very careful how you dispose of your personal paperwork, as most of it will have sufficient information on it to allow someone to steal your identity.
Ensure you never throw anything into the bin unless it has been torn up in millions of tiny pieces. The best way to do this is to invest in a simple paper shredder. The shredding can then be thrown out or alternatively you could mulch or compost it.
3. Passwords and PIN's
These days we need passwords and PIN's for all sorts of things and coming up with new and innovate ones can be quite difficult. You need to ensure you don't use simple passwords and PIN's that someone might be able to guess such as your date of birth, phone number, pets name, partners name, licence plate etc. Choose passwords that are a combination of letters and numbers and don't use the same password / PIN for all purposes. You wouldn't want your PIN to hire your videos to be the same as your internet banking password.
Never disclose your passwords and PIN's to anyone, even your closest friend / relative / partner. Never ever under any circumstance provide passwords / PIN's to callers on the phone or in reply to an email. A legitimate organisation would never call / email you and ask you for this sort of information. Remember to change your passwords and PIN's regularly. Memorise them instead of writing them down. Don't copy them onto paper and tuck this into your wallet / purse or leave in your top drawer.  What happens if you lose your wallet / purse or someone breaks into your home?
4. Lock Your Mail Box
Putting a lock on your mail box will stop people stealing your personal letters and obtaining your information or getting access to cheque books, credit cards etc which might be mailed out to you. If you are concerned about your mail being delivered to your home, consider getting a post office box.
5. Be Wary Of The Phone
Anyone can pass themselves off as anyone else when using the telephone. Fraudsters can pretend to be employees from all sorts of organisations and try and obtain personal information from you. If you get a phone call from someone asking you lots of personal details, you can refuse to disclose this information.
If you are unsure of the true identity of the caller, tell them you will call them back. Source the phone number of the organisation yourself (never just call back on the number they give you) from the internet / yellow pages, and proceed with your conversation once you are comfortable with whom you are speaking.
6. Be Wary Of Surveys
There are all sorts of surveys on the market and lots of times these are set up to obtain personal details for marketing purposes. However, unless you know the organisation that is conducting the survey and are confident with disclosing information to them, err on the side of caution. Information such as where you bank, how much you earn, who lives in the house etc can be providing a criminal with a good picture of your situation. Usually these surveys have a prize / reward / competition for completion and this is where names, addresses, email address, contact numbers etc are usually given. Take care at all times.
Also be wary of those that come knocking at your door on the pretext of gathering information for a survey or to save you money. Do not give out any personal details to anyone, including phone company representatives, power representatives etc.
7. Bank Accounts
Always check your bank statements and ensure you report any suspicious / unknown transactions to your bank even if they are only small sums of money.
Your bank will never email / SMS you and ask for your account details, PIN's etc. If you get any emails / SMS's, even if they look genuine, never ever click on any links that ask for you to validate your bank account details. Don't disclose your banking details to anyone. Fraudsters are in the business of defrauding and they can be very convincing. They can come up with all sorts of convincing stories that trick you into providing your banking details to them. Don't fall prey to these criminals.
8. Internet Banking
Be careful where you are when you log in to your bank's websites. Never use your internet banking on a public computer / internet cafe as information might be readily stored on these computers or scammers might have installed a programme onto the computer that enables them to access your confidential information by recording keystrokes.
Always ensure you log out of your banking sites when you have finished with them. Never leave these sites open on your computer.
9. Valuable Personal Documents
Always ensure you protect your valuable personal documents such as passports, driver's licences, birth certificates, marriage certificates etc. Store them in a safe and secure place either at home or in a safe deposit box at your bank.
Your car is not a safe place to store your personal documents. If you are keeping valuable personal documents in your glove box, what are you going to do if your car is stolen?
10. Buying Goods From The Internet 
Be wary of the sites you visit to buy goods from the internet. Ensure the sites you buy from are secure genuine sites. You can usually tell this by looking for a padlock at the lower section of your screen and ensuring the URL starts with https. You might like to consider having a credit card with a very low limit that you use for your internet / overseas purchases. This way you potentially protect your main credit card from the risk of fraud.
It could be wise to only buy from sites that transfer you to a bank website or organisation such as PayPal to collect the payment. This way you aren't disclosing your banking information / credit card details directly to the website business.

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Testifying in a Divorce Case

Testifying in a Divorce Case

Although some may panic when they realize that they may have to testify in front of a court during the course of their divorce proceedings, the stand is an important platform that should be treated with truth and impartiality. Instead of worrying about what to say and how to best create a favorable phrase, there are a few key tips to remember before going before the court in order to produce a truthful and direct testimony.
First and foremost, keeping emotions from getting the best of a testifier is perhaps one of the most important parts of speaking before a judge and attorneys. Divorce is stressful, full of disappointment and brokenhearted arguments, and the source of bitter ire for many, but the court of law does not hold this sort of distress in necessarily high esteem when compared to the simple facts of a divorce. Outbursts of anger are especially damaging to a case, as are over emotional displays.
In addition to staying calm and being respectful to the opposite litigator and to the court as a whole, it is important to speak simply and clearly. In the court, truth is based on the facts, not on the series of excuses or extenuating circumstances that a client might attempt to interject. If asked a question, plainly-spoken and direct answers are best. Do not attempt to craft a rhetorically pleasing response. Just answer the question.
Finally, it is important that a client on the stand does not attempt to build up their own credibility. A lawyer's job is to present the arguments before the court. Allow an attorney to generate the rhetoric necessary for the case. Again, a client should stay on-course by answering the question to the best of their ability, and admitting when they do not remember or do not know.
For more tips and information regarding testifying in front of a court, contact a divorce lawyer.

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PASS to Return to Work

PASS to Return to Work

The Social Security Administration realized that simply being 'disabled' did not mean that people could, or should stop working. People who had the will and mental fitness to continue working should not have been penalized by taking away their SS benefits if they were to start working again. As such, they created the PASS program, Plan to Achieve Self Support, which allows individuals to set aside some of their income so that they can eventually reenter the workforce.
General expenses associated with returning to work can include educational expenses, transportation costs or a vehicle, materials to start a business, equipment, a computer, and others as needed. After figuring out what field of work an individual wants to pursue, PASS can help individuals afford to reenter the workforce.
The following list provides a few of the eligibility criteria needed to set up a PASS:
  • Person must be considered disabled by the Social Security Administration
  • Person must be under age 65
  • Person must meet all SSI eligibility criteria
  • Person must set up accounts to set aside earnings or resources for PASS
A number of other factors can determine your eligibility criteria and the exact amount you might be able to add onto your social security benefits can be calculated with the help of an attorney.
You will need to have a feasible occupational goal if you wish to start your own business. You must also set up a proposal and detail the time by which you expect to meet certain benchmarks and financial goals. Finally, you must also show how much you will possibly earn, what you intend to do with your income, and also state your assumptions such as cost estimates and location expenses.
An experienced social security attorney can help you plan your goals and can also help you start your business.

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Probate Attorneys, Elder Law Attorney, Or General Counsel - Which Is Right For You?

Probate Attorneys, Elder Law Attorney, Or General Counsel - Which Is Right For You?

Estate planning and inheritance law are complex subjects no matter how much support you have. Many experts agree that having legal guidance can make any process function more smoothly. A good lawyer can guide you through paperwork and procedures in addition to representing you in any future court actions. But how can you determine which type of lawyer will be ideal to represent you? There are three primary types of lawyers: the probate attorney, the elder law attorney, and general counsel.
What Can Probate Attorneys Do?
Probate attorneys specialize in the proceedings that occur when a will enters the distribution phase. In order for a will to enter probate, the person who wrote that testament must be deceased. Once the will is active, it is then carried out. The time during which the will is carried out is known as probate. Many people who write testaments choose to have an attorney administer the will, but in some cases a family member will be asked to officiate.
There are many reasons why one might choose to retain probate attorneys. One common circumstance involves a dispute over the terms of the testament. In this situation, one individual disputes the legitimacy of a testament or some other aspect of the terminology. Situations of this nature often become very intense and heated and can lead to court battles. In addition, some individuals may choose to cede their status as the administrator of a testament to specialized attorneys. The firm would then handle the legal details, ensuring that there are no problematic errors in how the assets are distributed.
The Function Of An Elder Law Attorney
An elder law attorney differs from his probate counterpart because he specializes in issues affecting the elderly rather than issues impacting heirs. An elder attorney is the best choice for a senior who is seeking guidance with a variety of difficult life decisions. Elder law is typically focused on senior care, such as ensuring quality and organizing public and private care assistance.
Elder law is a highly specialized field. Depending on your location, there may be a limited number of legal professionals with enough experience to qualify. It may be worth seeking a larger city with access to a more varied pool of lawyers if you are seeking an elder law attorney.
General Counsel
If you are seeking general advice or generic representation, picking a general counsel may be the only step you need to take. However, be aware that anyone acting as general counsel must typically refer you to a specialist for any specialized matters. A general counsel can represent you if necessary, but is usually useful for coordinating legal matters with other uncooperative parties. For instance, you might retain a general counsel if you feared someone in your family might seek a legal case. However, many experts would advise you to retain a lawyer's services in the area where you anticipate the legal complications. For instance, if you expect you might be taken to court over a testament, choose a lawyer with experience in that area. General counsel is a useful starting point, but only a specialized legal professional can offer you specialized guidance.

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Is an Injunction Always the Best Option to Respond to Online Reputation Attacks?

Is an Injunction Always the Best Option to Respond to Online Reputation Attacks?

What is the most effective way to deal with online reputation attacks? Most lawyer will advise you to issue an injunction. However, read this article and think twice before taking any harsh steps.
So is an injunction always the best option to respond to online reputation attacks?
The answer would depend on who you are up against as well as what exactly motivates them in their attempts to tarnish your reputation.
Injunctions to stop online reputation attacks will normally be most appropriated against companies as well as individuals who are generally speaking, law abiding people and who are motivated by a sense of injustice. A mere threat of an injunction which is coupled with reiteration of the costs which are involved in defending it, is normally sufficient to act as a deterrent, to bring a defamatory case to its successful end. The trouble of course is what to do when faced with  unscrupulous individuals who consider themselves as having nothing to lose and who are willing to disobey Court orders by repeating the defamatory remarks under false names and on different websites and discussion groups.
An Injunction against further publications of defamatory remarks by those individuals might not be as effective because it might simply bring about the distribution of further remarks by these individuals, who might end up using several websites to distribute the lies.
Each case must therefore be considered very carefully and if an injunction is to be sought, it is better sought against the companies which are behind the website where the libellous remarks are published. An injunction against the owner of a website or even the Internet Service Provider, in addition to the individual writer might be proved to be the most effective way of bringing the matter to a successful end.
If the need for an injunction arises, you will need to investigate the subject matter thoroughly, prepare some defences to guard against reprisals and then pursue the most effective avenue for ensuring that the damaging remarks are being removed.

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What It Actually Cost Me to Find A DUI Defense Attorney

What It Actually Cost Me to Find A DUI Defense Attorney


I was pulled over for a DUI in Colorado in late July; and I wanted to give you my personal experiences in trying to find a DUI defense attorney.
At first, I didn't think I needed one; after all, most of my friends told me that retaining a DUI defense attorney for a DUI first offense was a waste of money.
But then I went online and began doing my own research; and here is exactly how it worked out for me...
Average DUI First Offense Penalties
First off, let's go over the average penalties for a DUI in my state, Colorado. Naturally, they vary by state, but they are usually in the ballpark of those listed below here.
For a DUI first offense, we usually see... A) Two to thee days jail time B) Fines in the $1000 to $1500 range C) And community service in the 35 hour to 40 hour range
At least, that is what one of my friends received that did not hire a DUI defense attorney.
What I Actually Paid for My DUI Defense Attorney...
I looked around, asked the right questions, and found a good DUI defense attorney I was comfortable with. After a little negotiation, I retained him for a flat fee of $1200. But did he actually cost me $1200?
No; by the time everything was finished, he actually cost me about $20 in total. How? Well, let's examine this by breaking it down item by item.
My DUI defense attorney was able to....
-Eliminate any jail time whatsoever.
My friend without a DUI attorney pled guilty and received 3 days in jail. I didn't spend a single day in jail, so I didn't miss those 3 days of work.
I make an average of $20 per hour; or $160 per day over an 8 hour day. So 3 days of missed work at $160 per day was a total of $480.
So I can subtract the $480 that I didn't lose from my retainer cost of $1200, and we have a balance of $720...
-Reduce the total fines for my DUI
My friend without the attorney paid a total of $1100 in fines for his DUI first offense. My attorney got this knocked down to $800 for myself. That was a total savings of $300 that I received because I hired an attorney.
So even at the low end of saving only $300 in total fines, my cost of hiring my DUI defense attorney is now down to $420 (balance of $720 minus the $300 in fines saved..)
-Reduce the amount of community service
Community service for a first time DUI conviction usually ranges between 35 hours and 40 hours. My friend without the attorney received 40 hours of community service; which in his case was working at the dog pound cleaning kennels.
My DUI defense attorney was able to get this reduced to only 20 hours of community service; which was a difference in 20 full hours between me and my friend.
Since I make $20 per hour at work, I have just saved another $400 ($20 per hour by 20 hours of reduced community service)
So Let's Compare...
So, in comparison, how much did it actually cost me to hire my DUI defense attorney?
My friend didn't spend a dime on an attorney, and saved the $1200 retainer fee. But he spent 3 days in jail, had a fine of $1100, and had to do 40 hours of community service.
I spent the $1200 to retain my attorney; but he saved me three days in jail, $300 on my fines, and 20 hours of community service.
Had I not spent the $1200 retainer, I would have lost...
Three days of work @ $160 per day.............$480 difference $1100 in fines vs $800................................ $300 difference 40 hours community service vs 20 hrs....... $400 difference
Total $1180
So I would have saved that $1200 retainer; but I would have still been out $1180... A difference of a whopping $20.
So, was it worth it to find a DUI defense attorney? In my case, it was. In your case, it may be completely different. But do your own research, and at least check around.
Find A DUI Defense Attorney
Luckily, you can find all of the DUI defense attorney information you need at one single place.
Also, discover the 6 qualifications the best DUI attorney has that the other attorneys do not. Give them a look today....

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The Difference Between an S Corp and C Corp

The Difference Between an S Corp and C Corp

S Corp and C Corp - do you know what's the difference between the two?
As the owner of a corporation, you will enjoy benefits such as a share of the profits. This profit is normally shared out in the form of stock dividends. On the other hand, you will also be liable for the debts of the corporation in most cases. There are two main types of corporations that you may form: the C Corporation and the S Corporation.
A C Corporation can be converted into an S Corporation through a process known as an "election". Generally speaking, business owners will not be liable for corporate debt incurred in a C Corporation. However, if an entrepreneur has personal debt, they will remain liable in this respect. Normal C Corporations are taxed twice. This entails having to pay income taxes on profits as a business, and thereafter sharing out the profits to the business owners who are also required to pay income tax. On the other hand, if you own an S Corporation, you will only be taxed once as an individual who needs to pay income tax on income received from the business, and not as a business because the S Corporation is not required to pay taxes.
There are some advantages that an S Corporation enjoys over a C Corporation. For one, as a business owner of an S Corporation you will generally pay less in taxes. This is especially useful for the small businesses which are essentially business partnerships that feature few individuals involved in the running of the business. As a result, the operating costs of the S Corporation are less than those of the C Corporation, thus allowing the business owners to enjoy a direct inflow of profits.
As such, owners of an S Corporation will see the profits flow to them automatically. The only downside is that along with the profits, the debts will also automatically flow to the owners. What this means is that in the event that your business is operating at a loss, as a business owner, you might find yourself incurring personal liability for the debts of your business. This lifts the corporate veil and confers S Corporation owners with both tax liability and legal liability. On the other hand, if you own a C Corporation, your small business will get to retain as much of the profits as you like.
Notable Differences
Income Tax - The main difference between a C Corporation and an S Corporation is the means by which the small business owner will be required to meet their tax obligations. While a C Corporation is required to pay income tax, an S Corporation is not.
Individual Tax Liability - As the owner of an S Corporation you are liable for meeting your individual tax obligations. However, this is not the case with the C Corporation as the business owners may or may not have individual tax liability.
Individual Debt Liability - When it comes to individual debt liability, C Corporation owners are not liable unlike the S Corporation owners who are liable.
Shareholders & Stock - In a C Corporation, there are no limits on shareholders, or on the stock. This differs from the S Corporation which places limits on the shareholders and the stock of the business.

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Anti-Copyright - An Interesting Dilemma

Anti-Copyright - An Interesting Dilemma

Intellectual Property
Although the legal principles governing the concept of intellectual property (IP) have existed for centuries, it was the wake of the 19th Century that brought about the term "intellectual property" and only in the 20th Century did it become a more common issue. Nowadays, it is difficult to find a single intangible asset, whether it be an artistic, literary or musical work; an invention or a discovery or merely a symbol, design, word, phrase or piece of software, that is not protected by IP Law. IP deals with different types of creations of the mind for which property rights are attached. Some common forms of IP include copyrights, patents, trademarks and industrial design rights; the first of which will be our focus in this article.
The overarching concept of IP is premised on the notion of "a man's right to the product of his mind" which came from Ayn Rand, the famous Russian-American novelist, philosopher, playwright, and screenwriter. This basically means that if you (whether you are male or female) come up with an idea or creation, you are entitled to some ownership rights in that idea or creation. When described as such, the concept would seem to be appealing to virtually anyone; it seems fair and just. Why, then, is there something called "anti-copyright"?
Anti-Copyright
Defining the word 'copyright' is probably a good first step. It refers to the set of exclusive rights granted to the creator or author of an original work, embracing the right to copy, distribute and adapt the work. For example, software copyright deals with the rights attached to machine-readable software, often used by companies attempting to prevent the unauthorised copying of the software it personally created. Anti-copyright is thus, the absolute or partial opposition to copyright laws. But then one might ask: why would anyone be against the protection of a person's individual creation or idea? The fundamental anti-copyright argument runs directly counter to the classic copyright argument stipulating that, awarding developers temporary monopolies over a source of income from their works promotes creativity and development. Anti-copyright advocates maintain that copyright rarely benefits the society as a whole but rather serves to enrich a few at the expense of creativity. Furthermore, they point to flaws on both economic and cultural grounds that the concept of copyright has.
Economic Arguments
The economic arguments are founded on the notion that copyright produces an intellectual monopoly. The right of the creator to sell copies of his/her products or creations is not the controversial matter. It is the right to control how other people use their copies after sale which, is contentious according to anti-copyright proponents,as it creates a monopoly enforceable by law. Furthermore, proponents suggest that copyright laws increase the cost of creation and thus consequently decrease the incentive to create.
The French group Association des audionautes, although not completely anti-copyright, believe in moving towards the legalisation of peer to peer file-sharing where the artists can be compensated through a surcharge on internet service provider fees. Other groups such as Hipatia and Hacktivismo base their anti-copyright arguments on the concept of "freedom of knowledge", the idea that knowledge should be "shared in solidarity" and the contention that copyright law is hindering human progress.
Cultural Arguments
Do any of these arguments have any merit? To an extent, they clearly do, however the more important question we should be asking is: do they have any merit when balanced against an individual's right to benefit from an idea he/she independently created? Why should the hard work of one simply be distributed to and benefited from by others with no cost to them at all? Shouldn't an individual's hard work, effort and time be recognised and consequently awarded? The simple answer is yes; a creator is entitled to have his/her work protected and recognised and a creator is entitled to control what is done with his/her creation. But clearly this view is not shared by the leagues of anti-copyright advocates.

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Accurate DNA Testing - Legal Vs Non-Legal DNA Tests

Accurate DNA Testing - Legal Vs Non-Legal DNA Tests

Many companies these days are offering something called Informational DNA Testing. The results from this will be no less accurate than the tests that are valid in court (legal DNA testing), but it is still important to understand how each of these work.
  • Non-legal DNA Tests (Informational):
A non-legal test, as you can probably guess, is not meant to serve as a legally binding one.  This type of DNA procedure is also known as an informational test because it is only meant to provide you, and those around you, with the results.
For example, if you figure out who your child's father was, solely for your own benefit, then an informational DNA paternity test would be the one to choose. However, if you needed to know who your child's father was for other reasons, such as child support, visitation rights, etc., then you would definitely need a legally binding procedure (read more about this below).
An important thing to note about informational testing is that this type of test is non-accredited, which is the sole reason that it is not a legally binding one. Accredited DNA laboratories must undergo a rigorous inspection process to ensure that their laboratory and procedures provide clients with accurate test results.
Legal testing is far more common, mainly because it can help to determine paternity while also being admissible in courts.  In order to qualify as a legally binding test, the lab must be accredited by the AABB. This ensures that each procedure is accurate as well as thorough. According to the AABB, in order for a test to qualify as accredited and legal, the DNA sample must be collected with a neutral witness present who has no interest whatsoever in the results of the test.
As mentioned earlier, legally binding tests are vital in court cases and other civil matters. This type of testing goes a step beyond informational testing because it is collected in a different manner and it must be provided by an accredited DNA paternity testing laboratory to ensure thoroughness and accuracy.

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5 Reasons to Have a Power of Attorney

5 Reasons to Have a Power of Attorney

A Power of Attorney is a legal instrument which allows a nominated person to make legal and financial decisions on behalf of someone else. You can imagine the problems that occur with administering the financial affairs of an ageing parent, who suffers from the onset of dementia. They are incapable of making rational decisions and are in danger of losing assets with a simple signature on a document they no longer have the ability to understand.
You can avoid the added problems which can arise as one grows older, especially in cases like dementia, by granting a power of attorney to a trusted family member. It is not just a matter of common sense, it can be vitally important for the peace of mind of the family, and can bring some rationality to an otherwise trying period of life.
But before going any further let's list the major reasons for having a Power of Attorney in the first place.
  • Loss of Mental Capacity. As outlined above, dementia in old age is a common occurrence and one that should be planned for far in advance. Having a Power of Attorney in place can circumvent the problems that arise and safeguard the assets of the affected person. When a family sits down and discusses all the ramifications it is easy to come to an agreement as to how a Power of Attorney can be set up to satisfy everyone's concerns.
  • Ramifications when there is no Power of Attorney. In the event of loss of mental acuity in old age for example, if a person is deemed to be incapable of making rational decisions then control of that person's assets will have to be determined by a court of law. In such cases, where there is no Power of Attorney instrument to rely upon, the court may appoint a government department to administer the person's affairs. This can place hardship on other family members and cause great distress and delays in day to day of management issues.
  • Financial and Legal Matters. A Power of Attorney not only covers the control of financial matters but also any other legal issues that may arise. This can involve the signing of contracts or assigning beneficiaries to a superannuation fund payout or other such matters. A Power of Attorney is a flexible instrument that makes everyday life as easy as it should be.
  • Timing Matters. An enduring Power of Attorney can only be signed, when a person is of sound mind and health. After the onset of a mental disability, a Power of Attorney can no longer be signed, so it is important that you make the decision as early as possible, to avoid these difficulties.
  • Another important benefit is that the power to sign documents can be granted by people of sound mind, when they are unavailable to do so themselves. For example, having someone empowered to sign mortgage documents, whilst you are unavailable overseas.
By granting a Power of Attorney, a person does not lose control over their assets, rather they just ease the process of decision-making in the event of later mental illness or incapacity. The benefits that accrue far outweigh any other concerns and your solicitor will explain everything to you, so that there is no misunderstanding. That way you can live with the peace of mind that comes from knowing your affairs will always be under control.


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