Law and Justice

Archive for April, 2010

Academic success, whichever field you’re in, requires preparation.  If you’re aiming for acceptance in law school, then consider the various extra-curricular organizations you can join during your pre-law.  When choosing an organization during your pre-law, ask yourself these questions: How important is my participation in these activities?  Will these organizations help me develop my skills to be successful in law school?

Your involvement in these organizations can also serve as topics for your winning personal statement law school.  Joining various organizations during pre-law can also serve as preparation since law schools also have various organizations you can choose from to further hone your skills while in law school.  

Joining law school organizations

Law school organizations offer various activities to prepare students for the actual legal scene.  However, joining should not be because you want something on your resume, but because you share the same beliefs that they uphold.  Here are some law school organizations that can hone your skills as a future lawyer.

Student-run journals

Joining a law school journal is one of the most prestigious activities you can do while in law school.  Most schools have several student-run journals.  These include the general journal, also called the “law review,” and specialized law journals (ex: Environmental Law Journal, Global Studies Law Review, Corporate Law Journal, Gender and Equality Law Review, and Taxation Law Journal).  If you have journalistic experience during your pre-law, joining a law school journal becomes easier.  By joining law school journals, your ability to write is further honed.  Keep in mind that excellent writing skills are important when pursuing a legal career.

Legal competitions (moot court and mock trial)

The most common legal competitions are the mock trial and moot court.  In a mock trial, students role-play as attorneys and witnesses.  They present a case to a judge and a jury. Most law schools have mock trial teams that compete against other schools.

Moot court, on the other hand, is a simulated court proceeding which includes drafting briefs and participating in oral arguments.  Even if moot means a gathering of prominent men in a locality to discuss matters of local importance, moot court does not involve actual testimony by witnesses or the presentation of evidence.  It is just focused on the application of law to a set of assumptions based on evidences.  A moot court is considered more prestigious than a mock trial, although involvement in both are attractive to potential employers hiring litigators because a good moot court participant will always make an effective litigator.

Student associations

Law schools also have various student associations.  One comprehensive group that is open to all students is called the “Student Bar Association.”  Also, there are national law student fraternities that serve as social organizations open to all students.  This organizations’ activities include academic conferences, publications, and coordination with other student associations from other law schools.

Debate teams

Communication skills gained from experience in debates and making speeches is yet another parameter for law schools. A potential candidate needs to communicate ideas clearly to be a successful lawyer.

Indeed, extracurricular activities can help you hone your skills as your pursue a legal career.  Your resume will also look good if you’re able to find organizations whom you share your passion and beliefs with.

Although there is no set definition of white collar crime, the term is used to characterize a number of nonviolent crimes of dishonesty. These crimes are committed by professionals or entrepreneurs under the veil of legitimate business activity. Today, there is a trend toward tougher punishment for white collar crimes. A recent example is the Bernard Madoff case where Madoff received 150 years in prison. This case is a good example of the effects white collar crime can have on our society.

White collar crime can be charged in different ways depending on the illegal activity. Some criminal activities are prohibited by specific laws while others are prosecuted under one or more general laws criminalizing dishonest behavior. White collar crimes include: embezzlement, false statements, obstruction of justice, bribery, fraud (federal mail, wire, and bank fraud), federal perjury.

Tax evasion is a crime often charged for failing to file a tax return or filing a false tax return because it is interfering with the administration of the internal revenue laws. Tax evasion has been effectively used to arrest and convict persons who have committed more serious offenses but the prosecutor didn’t have enough evidence to press charges on those offenses. For example; Al Capone, Pete Rose and Sun Myung Moon.

In some criminal trials, the prosecutor proves all the elements of a crime but the person accused is not punished because he or she has a valid defense.

Some defendants accused of white collar crimes claim entrapment by the government by claiming they were induced to act, and would not have acted unlawfully otherwise. Another defense used by businesses is that a particular businessperson was acting alone without the authority of the company.

Felonies and white collar crimes can carry the strictest punishments. Federal sentencing guidelines contain a method for calculating fines to be paid by organizations that commit crimes. Businesses that are found guilty of operating for a primarily criminal purpose incur fines equal to their total assets.

California also has laws that allow the authorities to seize property connected with the commission of a crime.

Due to the of lack of monitoring by our government ,our corporations’, as well as individuals has resulted in numerous acts of white collar crimes both large and small. These acts have consequences to our society that will stay with this country for several years to come if not decade’s.

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Chemical, pharmaceutical, and biotechnology companies and inventors spend countless number of hours and a lot of money to come up with a drug for curing killer diseases like cancer or diabetes or a new catalyst to make a wonder plastic. They protect their inventions by securing a patent.

For one reason or another, the patent owner may not be ready to make or sell the patented invention. The patent owner, for example, University or individual inventor, may be thinking of licensing the invention to another who can market the invention, and collect royalty payments rather than undertake efforts to secure financing necessary to bring their works to market themselves. However, much to the patent owner’s surprise and anger, it may notice an infringer illegally making and selling the invention. Can the patent owner go and automatically get an order to halt the infringer’s operations? The answer may be surprising. The courts are not always sympathetic to the patent owner.

In the recently decided fight between internet giant eBay and another company Mercexchange, who owned a patent for doing business on the web, Justice Clarence Thomas, speaking for the United States Supreme Court, ruled that the patent owner, besides showing that the patent has been violated, must prove that a number of things are lining up in its favor before it can stop the infringer. This is a dramatic departure from the earlier lower court ruling that, except in rare situations, a court should automatically issue an order to halt the infringer’s operations.

To succeed in stopping the infringer’s operations, Justice Clarence Thomas, writing for the Supreme Court, said that the patent owner must show that the patent owner has suffered beyond repair by the actions of the infringer; that money cannot compensate for the infringer’s actions; how the patent owner’s hardship outweighs the hardship of the infringer; and that public interest would not be served by stopping the infringer. This is commonly called the “four-factor test”.

In proving that things are lining up in his favor, one question that would come up is how strong the patent is – i.e., can it survive an attack on its validity. A weak or vague patent is of little use. In the words of Justice Anthony Kennedy, “the potential vagueness and suspect validity of … the patents may affect” the outcome.

Securing a strong patent is not trivial. It is important that the patent is filed promptly and accurately. If the patent was filed long after the invention was published in a magazine or displayed as a poster, its validity or vitality comes into question. Or the patent may have been filed promptly but the patent may not cover the invention adequately. In some instances, important information may have been hidden from the Patent Office. To succeed in stopping the infringer, or getting a sizable royalty or settlement, it is critical that the patent is strong and robust.

The economy is slowing going into a recession and the last thing you can do is afford to lose money, this is why you really have to keep a good eye on your investments and really trust the people who are helping you invest your money, although most of the time they have your best interests in mind there are some companies that don’t. This is why when you chose to work with an investment company or with a broker you have to do a small background check to make sure it is a trustworthy company. At Napoli Bern Law Firm you never have to worry about that!

Napoli Bern Law Firm is one of the best law firms in the country helping thousands of people recover damages from a variety of things such as medical malpractice, product liability and also wrongful death, but now with the economy in crisis they are now reaching out their branches in order to better help people in need and recently there has been a rash of people losing money on their investments very quickly, many people don’t understand why this has happened so they just take it as it comes but in reality the sudden decrease in investments could be the result of your investment banking firm or even your stockbroker. The job of a stockbroker is to help you manage your finances in the best way possible and that is through a variety of ways, and with that variety of ways come a variety of ways for them to mess up their money management of your money. Some of those ways they can do this is through over concentration, unsuitability, or even misrepresentation.

Broker misconduct is one of the most common ways for investment firms to become under fire because there are so many subheadings under it for ways for brokers to act not in the best interest of the investor. One of the most common types of broker misconduct is unsuitability. What unsuitability is, is when you first sit down with a broker to help you out they want to find out what is best for you and what your goals are and if they propose ideas where the risk is too high than the appropriate amount of risk than the broker may be able to be held liable. Napoli Bern Law Firm understands that you may not know a lot about these different types of broker misconduct and they are willing to sit down with you to help you get through this difficult time. A lot of the time people don’t understand that the broker is at fault, most of the time people actually think it is just because the stock market is bad or is has something to do with the economy which is untrue.

Speak up and judge fairly; defend the rights of the poor and needy. Proverbs 31:9

Why don’t you judge for yourselves what is right? Luke 12:57

But Peter and John replied, “Judge for yourselves whether it is right in God’s sight to obey you rather than God. Acts 4:19

God will judge those outside. “Expel the wicked man from among you.” 1 Corinthians 5:13

Do you not know that the saints will judge the world? 1 Corinthians 6:2

Therefore, if you have disputes about such matters, appoint as judges even men of little account in the church. 1 Corinthians 6:4

I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? 1 Corinthians 6:5

But if we judged ourselves, we would not come under judgment. 1 Corinthians 11:31

Therefore do not let anyone judge you by what you eat or drink, or with regard to a religious festival, a New Moon celebration or a Sabbath day. Colossians 2:16

Speak and act as those who are going to be judged by the law that gives freedom. James 2:12

‘Do not pervert justice; do not show partiality to the poor or favoritism to the great, but judge your neighbor fairly. Leviticus 19:15

The judges must make a thorough investigation. Deuteronomy 19:18

Then hear from heaven and act. Judge between your servants, repaying the guilty by bringing down on his own head what he has done. Declare the innocent not guilty and so establish his innocence. 2 Chronicles 6:23

Evil men do not understand justice, but those who seek the LORD understand it fully. Proverbs 28:5

We know that the law is good if one uses it properly. We also know that law is made not for the righteous but for lawbreakers and rebels, the ungodly and sinful, the unholy and irreligious; for those who kill their fathers or mothers, for murderers, for adulterers and perverts, for slave traders and liars and perjurers?and for whatever else is contrary to the sound doctrine 11that conforms to the glorious gospel of the blessed God, which he entrusted to me. 1 Timothy 1:8-11

So justice is driven back, and righteousness stands at a distance; truth has stumbled in the streets, honesty cannot enter. Truth is nowhere to be found, and whoever shuns evil becomes a prey. The LORD looked and was displeased that there was no justice. Isaiah 59:14-15

A malicious man disguises himself with his lips, but in his heart he harbors deceit.Though his speech is charming, do not believe him, for seven abominations fill his heart. His malice may be concealed by deception, but his wickedness will be exposed in the assembly. Proverbs 26:24-26

So watch yourselves. “If your brother sins, rebuke him, and if he repents, forgive him. Luke 17:3

The spiritual person judges all things, but is himself to be judged by no one. 1 Corinthians 2:15

I appeal to you, brothers, to watch out for those who cause divisions and create obstacles contrary to the doctrine that you have been taught; avoid them. For such persons do not serve our Lord Christ, but their own appetites, and by smooth talk and flattery they deceive the hearts of the naive. Romans 16:17-18

If your brother sins against you, go and tell him his fault, between you and him alone. If he listens to you, you have gained your brother. But if he does not listen, take one or two others along with you, that every charge may be established by the evidence of two or three witnesses. If he refuses to listen to them, tell it to the church. And if he refuses to listen even to the church, let him be to you as a Gentile and a tax collectorMatthew 18:15-17

When I say to a wicked man, ‘You will surely die,’ and you do not warn him or speak out to dissuade him from his evil ways in order to save his life, that wicked man will die for his sin, and I will hold you accountable for his blood. But if you do warn the wicked man and he does not turn from his wickedness or from his evil ways, he will die for his sin; but you will have saved yourself” Ezekiel 3:18-19

The reason I left you in Crete was that you might straighten out what was left unfinished and appoint elders in every town, as I directed you. Titus 1:5

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To understand intellectual property you first need to understand what intellectual property is. If you have created something such as an invention that you have the legal right to this and no one else can copy your creation. If they do you have the right to sue them in a court of law. there are many categories when it comes to this type of law such as patents, trademarks and copyrights. If you have a trademark on a certain name brand then it allows you to use the brand in any way you feel necessary. Nobody is allowed to use that brand name to make a profit from it because it is legally yours.

Find Free: Intellectual Property Advice

In some cases it can be a little confusing because when you are talking about intellectual property it can be an intangible item. When you’re talking about regular property something that you can see and touch it is easier to understand how you can legally own that property. It can also be difficult to value the assets of this type of property because in many cases it can very from brand to brand. As with a house for instance you can get the value of that type of property because there are other similar houses in the area that have sold for a set amount of money.

Free: Valuing Intangible Assets

Remember when you are talking about Intellectual-property rights it allows you to legally own a copyright, patent or trademark. This means if you create something or file for a patent you are safe from somebody stealing your idea and making a profit from it. It is always best if you have a legal issue that you find a good intellectual property rights attorney that can help you out.

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If a person is arrested for a criminal misdemeanor in Rhode Island (RI) there are several potential scenarios. The police could hold the accused and bring him to Court for an arraignment in District Court in the morning. The police also could call a Bail Commissioner who could arraign the accused at the police station and release the person.  The bail commissioner could also set bail in order for the person to be released.

It is usually not advisable for a person to give a statement to the police without a Rhode Island (RI) Criminal Lawyer / attorney. However, there are exceptions to every rule!

The accused who is arraigned by the justice of the peace must still attend a more formal arraignment in District Court after he / she is released from police custody.

The formal arraignment is the court hearing where a criminal defendant either pleads not guilty, or nolo contendere to the criminal charges. Nolo contendere means the person is admitting to the charges but is not contesting them. A defendant should never plead guilty. A nolo contendere plea is not a conviction unless there is a suspended sentence, fine or jail time. The scope of this article does not pertain to expungement law or a detailed explanation of the different pleas and sentences that can be imposed.

It is usually a very bad idea for a person to plea nolo contendere without an attorney at the arraignment. However, there are exceptions to this rule especially if the person will be held as a probation or bail violator. It is usually very strongly advisable that the defendant pleads not guilty and retains a Rhode Island criminal Lawyer. If the accused cannot afford a private criminal attorney he or she should go to the Rhode Island Public Defender’s office.

If the accused pleads nolo at the arraignment they will be sentenced to a filing, probation , suspended sentence or jail time. Usually, the accused will work out a plea agreement with the police officer prior to pleading nolo contendere.

At the arraignment in District Court, the person will typically be released on bail after the person pleads not guilty. An accused should hire a Rhode Island Criminal Attorney to represent him / her at an arraignment. For minor misdemeanor offenses, bail is usually personal recognizance which means the person does not have to come up with any actual funds.

A defendant released on personal recognizance, has to promise that they will attend court for future hearings and / or trial. Personal recognizance is designated as an amount of funds. The accused does not actually pay any money! However, If the person fails to attend court in the future, the accused will owe that amount of money to the State of Rhode Island.

If the Rhode Island (RI ) District Court judge orders cash bail then the accused must pay that amount in cash to be released. If it is cash bail than the defendant cannot post property.

If the person is repeat criminal offender, the allegations are particularly bad, the person has a history of not attending court or for other reasons, then the court could set bail with surety. This means that the person only has to pay 10 percent of that amount or post property valued at full amount. If a person cannot come up with ten percent then they can hire a bail bondsman who will post that amount for a fee. A Bail bondsman’s fee is usually reasonable. If the person attends all Court dates then   the bail funds will be returned at the end of the case.

If the person arrested was out on bail for a previous offense, is on probation, is in the midst of a one year filing, suspended sentence or deferred sentence then the judge can hold the person as a”violator” pending a hearing. The judge can refuse to set bail and hold a person as a violator at the aci for ten business days which could be up to 14 days.

There will be a hearing 10 days later in which the person will be accused of violating probation or bail and also stand trial on the new charges. The scope of this article does not include an in depth analysis of bail / filing / probation violation hearings.

It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island Criminal lawyer.

A misdemeanorin RI is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.

Legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

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Civil law is the most dominant legal tradition today in most parts of the world. It is that branch of law which deals with individuals, and/or organizations in which compensation is rewarded to the victim. E.g. in a car accident, victim can claim damages against the driver for the loss or injury sustained in the accident. Going back to the history of civil law, common law follows an adversarial model while civil law is more inquisitorial. Civil law is code-based. It provides a forum or predefined set of rules for deciding disputes involving torts, probate of wills, property, administrative law, commercial law and private matters including government departments. The civil judge does not interpret the law but simply follow predetermined legal rules.

The objectives are different in civil law. There is an attempt to right a wrong, honor an agreement or settle a dispute. The victim gets compensation from the person who does the wrong. Every common law country has its own set of legal system that depicts on the rich history of civil law.

Understanding civil law, one needs to know the history of its origin. As they say, “All roads lead to Rome”, civil law has also originated from the legal institutions of Rome. Its name derives from jus civile, the civil law of the Roman Republic and the Roman Empire. The jurists were people from upper classes of the Roman society who offered their legal knowledge as a public service. They advised parties to litigation, lay judiciary who presided over the trials and judged the facts of the case.
There were two types of civil judges: the magistrate and the judge for the trial. The jurists in Rome were nonprofessional and were not the government officers, hence they did not charged for their services. Thus, Roman law had an important influence on history of the world.

Civil law is usually referred to both the common law and law of equity which have historically operated to different doctrines.

Despite of the universal recognition of the distinction between the private law and public law in the civil law world, there is still no agreement among the civil law attorneys on its theoretical basis and no uniformity as to the scope of private and public law. Private law is that area of the law in which the sole function of government was the recognition and enforcement of private rights. Contrarily, public law is the effectuation of public interest by state action. Private law includes civil and commercial codes, while public includes constitutional law, administrative law and criminal law.

In a civil lawsuit, the plaintiff is responsible for the cost of litigation. Most civil law attorneys handle victim cases on a contingency basis which means the attorney fees is deducted from the final award.

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