Law and Justice

Archive for June, 2010

Product Description
Written by leading scholars, each title in the “Introduction to Law” series contains comprehensive treatment in black-letter style. Featuring footnotes citing to case law, statutory and other authorities, these vo… More >>

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The unanimous meaning of the word Law is a system of rules a society sets to maintain order and protect harm to persons, property and business. A law firm is a business entity formed by more than one lawyers to engage in the practice of law in order to provide service by advising clients(individuals or corporations ) about their legal rights and responsibilities and represent them in all legal business transactions and other matters.

The law firm is just like partnership in which the partners share profits of the firm as well as the risks (liabilities), and engage other lawyers to work with them as associates. These associates can work at the firm for a period of time, and, provided their competence at work, can even become partners at the firm and share in the profits and management of the firm.

Law firms range widely in size. The smallest law firms are sole practitioners (lawyers practicing alone), who form the vast majority of lawyers in nearly all countries.

• Smaller firms tend to focus on particular specialties of the law ( patent law, labor law, tax law, criminal defense, personal injury)

• Larger firms may be composed of several specialized practice groups, allowing the firm to diversify their client base and market, and to offer a variety of services to their clients.

Lawyers in small cities and towns may still have old-fashioned general practice marketing, but most urban lawyers tend to be highly specialized due to the overwhelming complexity of the law today. some small firms in the cities specialize in practicing only one kind of law (like employment, antitrust, intellectual property, or telecommunications) and are called boutique Law Firms.

Law Firms Marketing :

Essentiality of marketing to the law firms

Marketing is essential element to the law firms in order to stand with the growing competition and law firms in large number.

Following are the main reasons:

1. Growing many Competing Lawyers

2. All Lawyers are alike and marketing explain why they are different.

3. Marketing is educating prospects and explaining how you can solve their problems.

4. Getting the Profitable Business by find the clients.

5. By Brand Recognition through marketing makes to increase the clients.

6. Marketing helps in overcoming objections even they never face before.

Law Firms Market Plan :

The best way to conduct an effective law firm internet marketing campaign is to start with a detailed plan and its implementation. There are three step market plan for law firms to attracting more clients to the website.

– Create a lead generating website which is with easy-to-use navigation is a good start

– Create a follow up strategy with prospects to increase leads.

– Drive traffic to your website by optimizing the website for search engines, create educational

Content worthy of links for Search Engine Optimization and by starting Pay Per Click Management .

In order to improve the law firms marketing use proper planned strategy in all the levels of Business to give quality services to the clients and vendors in this corporate world.

We already mentioned intelligence. Remember in the article: How Do We Account for Instinct? we divided it up into two broad categories, one of which we call instinct and the other a type of decision-making ability? We grouped the lower forms of animals into the first category and humans into the second. Other creatures, we allowed, appear to operate using a combination of instinct and “thinking.”

But, of course, it is really more complicated than that. People have instincts too. The sexual drive, a mother’s love for her offspring, and a basic desire to survive are undeniable human instincts. Each of these traits are shared to one degree or another with animals. However, we seem to have something more than mere instinct.

Somehow or another we find ourselves with a moral sense of right and wrong. We feel as though we know somethings are right and others are wrong. But then again, is what we consider right and wrong merely a subjective whim? Or is it possible that there might be a real, honest-to-goodness, objective standard for good behavior?

Some people claim there’s no fixed standard for decent behavior. It varies over time and from one culture to another. Different civilizations and different ages have had very different ideas on morality, they say. And they seem to have a point.

Manners and Styles

Certainly manners, styles, and dress codes change over time. The past half century has seen considerable change in the United States. In 1960, most women worked in their homes raising children. They usually wore dresses, and those dresses were of a certain conventional length.

Men were expected to be the breadwinners. They wore their hair short and rarely had facial hair. Children addressed grownups as “Sir” or Ma’am” and in general were taught to be deferential to adults. Unless you were well acquainted, it was Mr., Mrs, or Miss whatever their last-name-was. Times have changed!

Much of what passes as normal behavior nowadays would have been socially unacceptable just thirty years ago. And it works both ways. Many of the things our ancestors did in the past would not be tolerated today. A few hundred years ago, capital punishment was the approved punishment for crimes ranging from petty theft to treason. Witches were hung or burned. And slavery was by and large considered an acceptable practice.

Moral Principles

Obviously some of the things our forefathers believed are social taboos today and vice versa. However, that’s not the whole story. While some values can and do vary, others evidently do not. In his book, Mere Christianity, C.S. Lewis points out that if you take the trouble to compare the moral teachings of ancient Egyptians, Hebrews, Babylonians, Hindus, Chinese, Greeks, and Romans, you will be struck with how much they have in common with each other and with us today.

Fair play, unselfishness, courage, faithfulness, honesty, and truthfulness have always been admired, whereas treachery, murder, robbery, theft, and rape have always been condemned. Men have disagreed over whom you should be unselfish to – just your family, your country, or to everyone.

But none have advocated putting yourself first. Some cultures have allowed more than one wife, but none allow you to have just any woman you want.

Golden Rule

The most universal concept of all is also the most basic. We call it the Golden Rule. Most moral teachings state it in a negative form such as “Never do to others what you would not have them do to you.” This fundamental rule of conduct turns up in rabbinical Judaism, Hinduism, Buddhism, and Confucianism.

We also see it in Greek and Roman ethical teachings and even in Old Norse proverbs. Jesus Christ turned it around and put it in its positive form two thousand years ago. “Do to others what you would have them do to you.”

Is any other type of morality possible? Lewis challenges us, “. . . think what a totally different morality would mean. Think of a country where people were admired for running away in battles, or where a man felt proud of double-crossing all the people who had been kindest to him. You might as well try to imagine a country where two and two make five.”

The Moral Law

It sounds like the rule of right and wrong, the moral law, or whatever you want to call it, exists on two separate levels. One is arbitrary. Fashion, convention, or taste sets the tone for acceptable behavior on this level.

Then we see another moral level beyond the trends of society. Here we find a permanent core of values. These fundamental guides for human behavior seem to be deeply ingrained in mankind and are not swayed by time and place circumstances.

Everyday conversation suggests that most of us at heart believe in a real right and wrong. Take arguments for example. People young and old, educated and uneducated, often say such things as: “Come on, you promised.” “Hey, you broke in line ahead of us. That’s not fair.” “Why don’t you help me? I helped you when you needed it.”

C.S. Lewis tells us that remarks of that sort don’t just mean that the other fellow’s attitude doesn’t happen to please the speaker. There is something else involved. The one who makes the complaint is appealing to a certain standard of behavior which he expects the other person to know about.

And usually he is right. The other man rarely replies, “I don’t give a hoot about fairness.” No. He makes out that what he’s doing isn’t really unfair after all. He claims to have some special excuse which lets him off the hook for not living up to his promise this time, or for breaking in line, or for not helping you on this occasion.

It looks as though both sides really agree there is a law or rule of fair play. Quarreling means trying to show the other person is wrong. What’s the sense in trying to do that unless both sides agree as to what is right and wrong. Just as in basketball, to paraphrase Lewis’ example, there’s no sense in saying a player committed a foul unless there is an agreement on the rules of basketball.

Ignorance of the law is no excuse. Thieves cannot excuse themselves saying they didn’t know stealing was a crime. Murderers can’t get away with murder, claiming they didn’t know murder was wrong. The underlying idea is that all citizens are expected to understand that stealing and murder are wrong.

Can you imagine an attorney in a request that the case be dismissed against his client, saying, “No judge, I don’t think my client should be held responsible for murdering his wife and six children. After all, the defendant doesn’t have a law degree. Why should we expect him to know all the finer points of the law?”

On the other hand, lawyers do try to excuse their clients by pleading “temporary insanity.” Doesn’t that let the cat out of the bag? What they are saying is that for one reason or another, the accused was momentarily mentally unbalanced and didn’t understand he was committing an act which all of us know to be wrong. Had the defendant been sane at the moment, he would have recognized and upheld the same Rules for Right Conduct that all the rest of us sane people do.

They seem to be affirming that criminal codes are based on certain moral truths. In fact, federal and state criminal laws wouldn’t make sense unless there were a real standard of decent behavior which the “sane” criminal knows as well as we do and ought to have practiced.

Sometimes right and wrong are so obvious, no one seriously questions it. After World War II, Germany was widely denounced for their war crimes. But as Lewis observes: “What was the sense in saying the enemy were in the wrong unless Right is a real thing which the Nazis at bottom knew as well as we did and ought to have practiced?”

Earlier we asked, is our idea of right and wrong a subjective whim or a real objective standard for good behavior. Evidently it is both. Manners, styles, clothing, and opinions on any number of subjects vary over time and location.

Then again virtues such as courage, faithfulness, and honesty have always been praised. Likewise, vices such as treachery, murder, and theft have been universally condemned.

Civilizations throughout history have reflected these eternal values. And they are still with us today. Much of what we think, much of what we say, and much of what we do would be utter nonsense if there were not a true moral standard of right and wrong.

Now if we can agree that there really is an objective standard of right and wrong, we can go on to our next question. Namely where does this standard come from? Some say mankind invented the moral code because civilization couldn’t function without basic rules for getting along. Through education, they passed these rules for right living on down from one generation to the next.

Others say the same Outside Source which designed the human body also produced the moral code as a guide for our behavior. The moral law was imprinted in humans much the same as instinct. Who’s right?

Before we take up that question, let’s first consider an entirely different subject – mathematics. Math, as we know, is based upon certain objective truths. Algebra, calculus, and trigonometry are all derived from solid mathematical principles which have been around long before mankind discovered them.

And if we somehow lose knowledge of them again, those principles would still be there awaiting future generations to rediscover them. Therefore, we can say that mathematical truths exist separate from any human knowledge of them.

Notice we say such things as: Pythagoras discovered the principles governing the right-angled triangle. Or Descartes discovered the principles behind analytical geometry. We don’t say they “invented” the principles. They were already there. In the same way we speak of people discovering other scientific facts.

In 1781, William Hershel discovered the planet Uranus, and in 1930. C. Tombaugh discovered Pluto. Uranus and Pluto have probably been around as long as our own planet. They would still be there even if we had never learned of their existence.

Bearing that in mind, let’s return to the moral law. The most reasonable assumption is that individuals down through the centuries discovered and rediscovered certain fundamental truths of right and wrong. They didn’t invent them any more than Pythagoras invented the principles governing the right-angled triangle or William Hershel invented Uranus.

The moral law for decent behavior was already there. Men and women merely looked into their own hearts, their own conscience, and there they found a bundle of “oughts.” “Oughts” such as: I ought to keep my promises, even if I would rather not. I ought to tell the truth, even if it makes me look like a fool. I ought to finish my assigned duty, even though I would rather do something else. I ought to remain true to my spouse, even if I am attracted to another. I ought to be honest, even if it would be easy to cheat. I ought to treat the other fellow the same way I would like to be treated, even if I think he is a jerk.

Apparently, none of us made up this moral code of “oughts.” Sometimes it would be rather convenient if they would just go away. But they don’t. They continue to press in on us whether we like it or not.

One thing more, if man created the moral law himself, we would expect to find each society and each civilization developing their own set of basic principles. Our clue is that they did not. While they came up with widely different customs, conventions, and manners, every civilization, past and present, discovered the same bundle of inconvenient “oughts” to direct their lives. Isn’t that curious?

It looks very much like the Outside Source is behind all of it. What does the moral law tell us about this Outsider? Obviously, he’s not a create-’em-and-let-’em-run-amuck sort of being. He’s not a neutral, hands off, passive creator. Instead we find a Moral Agent who has loaded the dice trying to influence our thinking.

Freedom of Choice

He implanted basic instincts in us much as he did the animals. But he gave us something other creatures apparently didn’t receive. This Moral Agent programmed a series of “oughts’ into us to guide our behavior. Clearly, he wants us to keep our promises, tell the truth, do our duty, remain faithful, be honest, and to do to others the same way we would have them do to us.

Notice though, however much the Moral Agent wants us to act in a certain way, he does not force us. He allows us free choice. We can chose to obey the moral law, or we can reject it.

Justice

Before we leave the moral law, I would like to draw your attention to an enigma. Our natural desires in life seem to be satisfied by one means or another. We thirst; water quenches our thirst. We hunger; food quenches our hunger. We want sex; our mate quenches our desire. Our human nature appears to be in close harmony with what life has to offer; so much so, it looks like someone planned it that way.

Give them a desire, then give them a way to satisfy it, seems to be the idea. It keeps us busy doing the things that Whoever-made-us wants us to do. And it all works well, up to a point. Then we run into something that doesn’t quite pan out.

Deeply embedded in our conscience we find a penchant for justice or fair play. We are not neutral observers; we are moral creatures. We want the good guys to win. We like happy endings. And we cheer when good triumphs over evil.

About the only place that happens, however, is at the movies, old movies at that. Real life isn’t nearly as accommodating. In fact, life often seems inherently unfair.

Consider the following: One baby is born to wealth, another to poverty. One is born to a family that loves him, another to a family that abuses him. One is aborted, the other is not. I don’t need to tell you, there is nothing fair about any of that.

Fortune seems to smile on some and frown on others. We see geniuses, and we see idiots; women with great beauty, and women who are downright ugly; people with many talents, and people with no talents at all; and those who are healthy, and those who are sickly or physically deformed. What’s fair about that?

Let’s take it a step further. Some people are endowed with good looks, sound nerves, wit, charm, and a pleasing personality. Popularity and admiration come fairly easy for them. They fit in naturally wherever they go. They don’t need to work at it. It’s a gift. They are the blessed. They are life’s winners.

At the other end of the totem pole, it’s an entirely different story. There we find the homely, dull, slow-witted, timid, warped, lonely people or the passionate, sensual, unbalanced people. By no choice of their own, many are born into homes filled with hatred, petty jealousies, and constant bickering. Others are tormented by sexual perversions or nagged by an inferiority complex. No matter how hard they try, they don’t fit in anywhere. They are life’s losers – unappealing, unloved, and often the object of ridicule and jokes. These folks will be quick to tell you, “life is unfair.” And they are right.

Notice, what we have mentioned so far are traits and circumstances over which we have little or no control. What about those things over with we do have control? Do we find fairness there?

Some people work long and hard, day in and day out, sunup to sundown. Others do nothing they are not forced to do. Both live out their seventy or so years and die. Memory of both soon fades away. All they had, whether plenty or little, is left to someone who did not work for it. Somehow that doesn’t strike us as fair either.

And what of the honest, the faithful, the kind, and the generous? Do they not meet the same fate as the hypocrite, the unfaithful, the cruel, and the greedy? Death overtakes them all, good or bad. And soon they are forgotten. Certainly, that’s not fair. Where are the scales of justice?

But it is even worse than that. You and I know that as often as not, it is the bad man who prospers while the good suffers all kinds of afflictions. The bully wins, and the weak pays the price. The cheater gets off scot-free, while the innocent is accused. Crime all too often does pay. The criminal really does get away with murder. His victim suffers the loss. Justice is stood on its head.

We know life is full of injustices. No one denies it. They spring up everywhere. Our sense of fair play tells us something is fundamentally wrong. Something is out of kilter. We long for a world turned right side up. We want those who have been forced to suffer to receive their just compensation.

We want those who have benefited others to receive their just reward. We want those who have abused others to receive their just punishment. Anything less would be a travesty of justice.

Our True Home

Why then, are we given a longing for justice and forced to live in an unjust world? Has the same Agent who provided so generously for all our other needs, created an elaborate hoax just to frustrate our desire for justice? Or could it be that this world is not our final destination?

Perhaps we were made for a better world, a world without death, suffering and injustice. We might find our ingrained sense of fair play to be in complete harmony with the reality of our true home.

Evolutionists have nothing to say about justice or fair play.

Questions to Consider:

1. If we are nothing more than the chance meeting of random atoms of matter, why are we concerned about justice?

2. One more question: If we are nothing more than the chance meeting of random atoms of matter, how did we ever acquire the intelligence to figure out that we are nothing more than the chance meeting of random atoms of matter?

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In the past, many brand owners, both small as well as corporate sometimes did not consider much the immense importance of protecting someone’s brand overseas. The simple key should be “IP strategy”. If a strategic decision has been taken to go and expand the business and open new locations, one of the first things that should be done is to protect your brand. It has happened in the past that brand owners, went overseas, spent money on finding a local distributor, in opening new businesses and then discovered that their mark cannot be protected or has limited protection, when for example someone else has filed for a trademark first, and gained enough goodwill to bar their current application. Therefore, the importance of registering a trademark while planning ahead cannot be over rated.

When filing for a trademark in Israel, one should be aware that Israeli Law currently operates differently than the US trademark Law, whereas in Israel operates on a Mono-Class system , as opposed to the Multi-Class system that operates under US trademark Law.

A mono-class system means that when filing for one trademark in several classes, applicant will have to file several applications for the same trademark. On the financial aspect, this usually will mean that a bigger budget will be needed as each class is considered as one new application, and on the procedural aspect, each application will be allocated a different serial number, sometimes a different filing date and many times be examined separately.

Although one cannot generalize on all legal practitioners, some, do offer a reduced fee when filing for one trademark in different classes.

One more fact, applicant should be aware of, is that Israel is a member of the Paris Convention, by which any applicant who filed an application on an another member state, may file for the same application in Israel provided that the filed application be on the same class number, the same list of goods and/or services, for the same mark and that the Israeli application was filed within 6 months from the earlier priority date. This will allow the applicant to file the trademark in Israel claiming priority on the previously filed application date.

More factors need to be considered when filing for a trademark in Israel and it will be further detailed on the following article, published on this subject.

Although the data provided on this article should be error free and accurate, it can under no circumstances be considered as a legal advice and one should contact a lawyer on a case-by case advice.

Law is a constitution, which establishes and defines the conditions of the state and its organization. Law is a basis for the society.  The society makes use of the law as the primary building blocks to get justice.  Its main aim is to bring justice at various places, for example in the place of employment; it checks out whether all the employees are equally treated or not.

Categories of law:
Criminal law and Civil law are the two categories of law.  Issues regarding property, contract and everything other than criminal cases come under civil law.  All the criminal issues come under criminal law.  The main purpose of the criminal law is to protect the public from the individuals, who threatens the public by their actions and this law gives all the power to the state to punish those individuals.  

The following are some of the types of law.  They are bankruptcy, civil rights, education, intellectual property, real estate and taxation.

Lawyers-Backbone of the legal system:
In general, legal system affects every aspect of the society.  Lawyers play the role of both advocates and advisors.  A lawyer’s job depends upon their area of specialization and position. So, according to the area of specialization, they may take up cases and argue over it, at the same time, they should strictly adhere themselves to the code of ethics. Some lawyers work for some private and non-profit organizations, to help the poor people.  They make use of law libraries to collect argumentative points for their cases.  Nowadays, lawyers make use of various technologies to do their work more efficiently. The following are some of the important responsibilities to be accomplished by the lawyers in the court

1.    Oral arguments.
2.    Carrying out research and drafting legal papers.
3.    Advocacy.
4.    Counseling the clients.
5.    Legal advice.
6.    Drafting contracts.
7.    On the whole, lawyer is client’s representative in the court, legal system officer and a public citizen, who has special responsibility.

Law firm:
It is a business organization formed by the lawyers to engage themselves in law practice.  The job of the law firm is to give information regarding their legal rights and responsibilities.  

Benefits of law firm:
-    They attract the most complex and challenging work.
-    Law firms have enough resources to provide legal education.
-    Provides in-house training on variety of issues.
-    Enables young associates to gain experience through participation.

The Area of Law in Kelowna provides a directory (list) of lawyers and law firms and their areas of specialization.  By searching through the net, it is possible to choose the right lawyer according to your cases.  Similarly in Penticton, the list of lawyers and law firms are provided by the corresponding area of law.  Law firms in Kelowna, Penticton and West bank has many numbers of professional lawyers, legal assistants, technical consultants and other staffs.

When it comes to confidential information that you have in your company, you truly understand how important to keep it disclosed to another party. However, you might need to let second party to sneak into your confidential information in order to make new business agreement with this company. You can’t guarantee that your information is safe in this company. This is when you need to make confidentiality agreement.

You can use Confidentialityagreements.co.uk to get the best templates for your confidentiality agreement. You need to ensure that your agreement can protect the confidentiality of the information that you share with the second party. It must ensure that the second party won’t bring the information that they get from your company to any third party. You can find detailed explanation on reciprocal confidentiality agreement in this website. You even can get samples on the template. It can show you how you must protect your confidential information with legal papers. You can learn how to keep other parties from getting your confidential information.

Confidentiality agreement will ensure that nobody can get access to your confidential information without you knowing it. It will protect you from losing your important information that may affect your business.

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In a recent radio interview, Federal Prison Consultant Michael Frantz was asked, “Why would a federal criminal defendant purchase your book, Jail Time, What you need to know…Before you go to Federal Prison and the services of your company, Jail Time Consulting?” Michael Frantz simply replied, “Can he afford not to?”

 

Currently, the federal government through the Department of Justice has taken a strong stance on the prosecution of white-collar crime. White-collar criminals today are taking the brunt of the prosecution as compared to those white-collar criminals from years ago. There is no more Club Fed in the Bureau of Prisons’ system. More and more white-collar criminals today are ending up at higher security prisons. It is no longer automatic for white-collar criminals to go to a Federal Prison Camp. Those days are over. It is no longer automatic for white-collar criminals to be sentenced to a facility close to their home and family. Prison overcrowding has made it much more difficult for a white-collar federal defendant to go to the prison of his choice. Defendants are now designated to facilities that have available space and that are consistent with the defendant’s security designation.

 

Michael Frantz also emphasized, “White-collar criminals can no longer expect to serve the last six months of their sentences in a halfway house let alone home confinement. The only defendants eligible of receiving six months in a half way house currently are those who have sentences greater than seventy-one (71) months or who have graduated from the 500-Hour Residential Drug Abuse Program.” Frantz commented that even judicial recommendations do not guarantee that a defendant will receive:

 

Designation to a Federal Prison Camp, or Designation to a Federal Prison near his residence and family, or Guaranteed stay of six months in a halfway house or home confinement, or Guaranteed admission to the 500-Hour Residential Drug Abuse Program, and even if he graduates from the program, he may not be guaranteed a sentence reduction if he has certain items in his PSI which may disqualify him.

 

The federal government currently has a 97% guilty plea rate in federal criminal cases. Federal prosecutors have over a 75% conviction rate following trial, and 91% of federal criminal defendants receive a prison sentence. It is no longer a question of will I go, it is a question of how long will I be there. Frantz stated that with those statistics it is only prudent to hire a Federal Prison Consultant. How can a federal criminal defendant afford not to?

 

Full-service Federal Prison Consultants such as Frantz, have the expertise of representing their clients both before and after sentencing. It is important to have a Federal Prison Consultant that will position his clients for not only the many BOP programs and quality of life enhancements that the Bureau of Prisons’ currently offers, but also to assist the inmate while in prison and after his release. Frantz helps in all these areas including job procurement, regaining your rights, and expunging or clearing your record.

 

Frantz works closely with the client’s legal defense team to provide the client with the best possible net sentence. He said he is not an attorney. He does not take the place of the client’s attorney. He works in cooperation and conjunction with the client’s attorney. He is an expert in the BOP’s policies and programs as well as positioning his clients for admission to the BOP’s sentence reduction program. Criminal attorneys are charged with the task of preparing cases, negotiating possible plea agreements, and centering on the non-mandatory U.S. Sentencing Guidelines to determine the best possible gross sentence. They are uniquely disciplined and highly qualified in arguing cases before the court, developing defensive strategies, and reviewing Pre-Sentencing Investigation Reports.  However, many attorneys are not fully knowledgeable in the Bureau of Prisons’ policies, procedures, and Program Statements. After all, there are over 289 of them. A good Federal Prison Consultant is an expert in the BOP’s policies, procedures, and program statements and can position his clients for these valuable programs.

 

 

Michael Frantz said, “When you consider what a Federal Prison Consultant can do for you, your main considerations should be reducing your time in prison, educating and preparing both you and your family for prison life, and his continued support for all involved parties while you are in prison.” When considering the current conviction rates, you need all the help you can get.

 

 

 

Product Description
Since the rise of Napster and other file sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. The Motio… More >>

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