Law School Values

Generally, there are three pieces of legislation that you are to be acquainted with if you ever have to deal with a lemon car case (God forbid!). They include state lemon laws (sometimes referred to as warranty laws) that show differences as you move from one state to another, the Federal Magnuson-Moss Warranty Act and Uniform Commercial Code (UCC). If your state lemon law does not cover your case, you can safeguard your rights by going to the latter two.

Now let’s have a closer look at these laws. A state lemon law is legislation that applies to the vehicles with persistent defect(s) and defines in what cases the manufacturer breached the warranty and what the consumer is entitled to if the warranty is breached. Normally, the customer has the right to claim a refund or a new replacement.

The lemon law is effective only if the vehicle comes with an express written warranty and during the warranty period. In most states it covers new cars that have been purchased to be used for family, personal or household purposes. A car bought for business purposes is not covered by the state lemon law, but can be refunded or replaced under the Magnuson-Moss Act or Uniform Commercial Code (UCC).

Usually, when you are reduced to seeking justice, the action that you have to take depends on the state where you bought or registered your vehicle. In some of them, launching a written complaint is enough, while in others you will have to hire an attorney. Anyway, if your car dealer or manufacturer are unable to satisfy your claim, you first go to the arbitration and, if necessary, to court of law to resolve the dispute. And it is a manufacturer, not a car dealer, that you take to court.

The Magnuson-Moss Act is a federal lemon law. It is a forebear of all state laws and serves as recourse, when state laws don’t help. Its mission is to protect the buyer from manufacturer’s breaching warranty. If your attorney chooses to sue under the Magnuson-Moss Act, the manufacturer is to recover your attorney’s fees (if you win the case). It refers to the vehicles and other personal property priced £25 and higher purchased “for purposes other than resale”. The law was enforced in 1975 and covers the products that were acquired after July 4 that year.

The Magnuson-Moss Act deals with both “full” and “limited” warranties. The case can be taken to court with a valid cause of action even after the warranty has expired as long as the defect appeared in the vehicle during the period of warranty.

And last but not least is Uniform Commercial Code (UCC). This law grants the customer the right to claim a refund or a new vehicle replacement, if the defect(s) present in the car have proved to continue after several attempts (”a reasonable amount of attempts”) have been made to repair the inoperable part. The threshold of proof is defined by a particular state law.
When and if you decide to take action against lemon makers, you can study the laws and do it yourself, but it can be wise to hire an attorney, who can do it quicker and more efficient with his fees recovered by the manufacturer.

One of the advantages of outsourcing to a Professional Employment Organization PEO or Administrative Service Organization ASO such as AmCheck, is the fact that your PEOASO’s Human Resource Department can help you decipher some of the legal technicalities that exist as a result of Federal Legislation regarding discrimination.  This is part of the reason many PEOs may be involved in the process of hiring and firing at the worksite–it is one of many methods we use to protect you from risk of discrimination lawsuits.

Legal changes in recent years have made it more and more difficult to avoid legal tangles with prospective, existing, and former employees.  Consider, for example the caution you must exercise with regard to employee relations as a result of sexual harassment litigation.  What about the way you treat your older employees as a result of The Age Discrimination in Employment Act (ADEA) to avoid age discrimination lawsuit, or the way you accommodate disabled employees because of the Americans With Disabilities Act (ADA)?

In addition to these federal laws, there may be local or state laws with which an employer must comply.  Each of these laws must also be taken into consideration when promoting, demoting, or transferring employees to other departments.

Always consult with our HR Department before taking employment action.  The HR Fact Finder recommends that you protect your company from costly legal battles by avoiding impulsive hiring, termination, transfers, promotions, etc.  A company whose decisions in these areas are carefully considered should be able to avoid most legal tangles involved in discrimination lawsuits.

A Case In Point:
A recent “Corporate Downsizing” in a large firm resulted in the decision to transfer 5 women (including one female manager with over 12 years of tenure) to another department and offer them reduced compensation.  The female manager was to be replaced by a male with less experience.  All five of the women hired attorneys, because in spite of the fact that this was probably a well-intentioned attempt to make the department more efficient, the move looked like it may have been prompted by an act of discrimination.

This article brought to you by AmCheck. Visit us at www.amcheck.com.Source:   HR Fact Finder This article excerpted from an article formerly entitled, “Human Resources:  Some Cautions about Hiring and Firing”

Commissione agreements that spell out how brokers are paid typically use form documents.  The commission formula sometimes changes, but the terms and conditions usually stay the same.  Consequently standard terms and conditions of commission agreements are often ignored by brokers and owners once the agreement is signed.  Since the broker’s income is tied to the terms of those agreements, close attention to details are vital to all parties involved.

Recent lawsuits stemming from disputes over broker commissions reveal tough lessons about the importance of paying close attention to commission agreements.

A building owner in Detroit was forced to pay a commission because the original agreement did not contain an expiration or termination date.  The building owner argued that there are a number of key terms understood and agreed to prior to signing the agreement that were not contained in the final written agreement.  The judge overruled this argument stating that the contract was clear as written.

Judges and juries are not real estate professionals.  The term “procuring cause” may have a standard definition in the real estate business, but mean nothing to a juror.  All parties involved must make sure the language is clear.  A judge or jury will not rewrite a contract to save either party from a bad business decision.

Even after a favorable commission contract is successfully negotiated and written, it’s not OK to simply file it away.  Either party cannot claim they forgot about the agreement.

The lesson here is to carefully note important terms and conditions, especially those that relate to performance, compensation, and termination.

Legal disputes are not unique to any location.  Judges and juries nationwide are showing resistance to insert terms into commission contracts or allow parties to ignore the terms of a contract.  Recently there’s been an increase in the number of disputes.  Some have settled out of court, yet a fair number have gone to litigation.  This can be reversed through the efforts of brokers and owners who invest more time and effort putting together agreements and abiding by them.  This is the best method of prevention.

Good luck to you,

The Mann Act was passed in 1910 its purpose was to prosecute individuals who were in the business of trafficking young ladies for the means of prostitution across state lines. This law was set into motion to combat immigrants who kidnapped women and forced them to work into brothels. The official title of the law is White Slave Traffic Act, because the women that were abducted were driven to prostitution out of fear. The law is a product of its time, but since 1910 it has undergone a couple of Amendments to keep it significant to modern times.

The current interest in the Mann Act has been sparked by New York’s Governor Eliot Spitzer. Prosecutors are considering charging Governor Spitzer of violating the law. Although, Governor Spitzer is the most current celebrity to be linked to the Mann Act he is not the only one.  African American boxer Jack Johnson, film star Charlie Chaplin, and musician Chuck Berry have all been prosecuted under the Mann Act. Jack Johnson received the maximum sentence of one year and one day. Mr. Johnson’s conviction has been speculated to be a racist act, because the woman he was transporting was his white girlfriend. Charlie Chaplin was charged, but not found guilty. Chuck Berry served five years for a variety of different charges as well as the Mann Act. In Mr. Berry’s case it was a young Apache girl that he contracted to work at his club as a hat check girl who was later convicted with prostitution.

The Mann Act’s first amendment occurred in 1978 when it included in the transportation of minors for both male and female sexes. In 1986 the protection of minors was furthered as well as replacing out dated terminology. The 1986 amendment replaced “debauchery” and “any other immoral purpose” for “any sexual activity for which any person can be charged with a criminal offense.”

The Mann Act has acted as a tool for social stigma being the case with Johnson and Chaplin. It is understandable that federal prosecutors would want to charge Spitzer with the Mann Act for degrading his reputable position. If he is found guilty under some nuance of the Mann Act it would definitely be federal prosecutors making an example of him. For the governor of such a big state to be involved with any illegal activity is unacceptable.

The Mann Act has been used as a slap on the hand in the past, but it shouldn’t be abused to shame people. Spitzer is stepping down from office and has to work through the damages his decisions are going to take on his marriage. He will be put on trial and convicted for soliciting prostitution. There is no need for public flogging anymore, so there shouldn’t be a pressure to charge him of the Mann Act. Society has evolved beyond the point of cruelty and shame as a form of punishment. The man is ashamed enough of what he has done, so why should there be a need to reproach him any further on the matter.

Each of us at some time in our lives has become outraged when hearing of a new bill being introduced by our legislator(s). Even worse and because of that bill, we hear that a new law has been enacted and will become effective in the near future. How the heck did that happen we might ask? I didn’t even know that kind of law was up for consideration you might think. It seems sometimes that all of a sudden we’re to abide by this new law whether we like it or not. I can assure you, it didn’t happen suddenly and you had the power to do something about it. There are three important things you can do to make sure your voice is heard.

Education

Education about the political process is crucial towards an understanding on how policy becomes law. Most of us know that at the National level of the United States, we have a President, a Vice President and staff that are supposed to work towards protecting the public interest. There are three governing branches in our democratic system; Executive (the President and staff), Judicial (Supreme Court) and the Legislative (Congress-the decision-makers on legislationlaw). It is the legislative branch that will be the focus of this article. Education on the political processes of government will bring about the second most important thing you can do to make your voice heard on the potential passage of laws that will affect you.

Awareness

How did that law get passed and why didn’t you know about it? It would be negligent not to mention that some proposed bills are worded and designed to confuse or hide the actual intent of the bill. Often, bills are routed through the House of Representatives and the Senate with the intention of sneaking the bill through towards being passed in an effort to keep it from gaining significant attention. Your education and awareness of policy will train you to read bills from a critical perspective. Every bill or proposed piece of legislation is available for reading by the public (both on the National and Local levels). Becoming aware of what a bill really intends to change and what its purposes are is up to you to critically analyze. It is our responsibility to educate ourselves and become aware. It is only then that we can take action.

Take Action

Let’s talk about one example of a bill being proposed at the National level. Senate Bill, SA1379 has been introduced to require “certain dietary supplement manufacturers to report certain serious adverse events”. What does this REALLY say? What does this bill actually intend to do? What is its purpose? Education and awareness will take you into the text of this bill with knowledge and a critical eye. Then you can make an informed and responsible decision.

Becoming an advocate on any policy issue requires determination and passion. After education and analysis of any particular piece of legislation we can decide to accept the bill or reject it. If you accept or agree that a proposed bill should be enacted and made law you can sit back and let it run its due course. If, however, you reject a policy and find it unfair, objectionable or unjust, it’s time to take action.

Policy advocates take action in several ways. They can be individuals or groups. They either attempt to improve existing policy, establish new policy or make attempts to defeat existing policy. They act. No matter the effort, if you want to change laws, you will need some tips on how to create the change you wish to see implemented.

To become effective change advocates we must first understand that changing policy can often be extremely challenging and difficult work. You may encounter opposition at every turn. You may find very few others that support your position or values. On the other hand, there may be many people that want to join in your effort to change a policy or law. If you are truly passionate about an issue and believe it needs to be changed, the rewards of your efforts could be many. The most important thing to remember is that it takes only one person to start the process for change but you will need support. Let’s talk about how you can begin.

After educating yourself on the actual bill you wish to challenge, having some general knowledge of how a bill becomes law will become just as important. The best place to begin is in understanding your own statelocal legislative process.

* Find out who your senator and representatives are in your voting district

* Visit your state capitol.

* Spend a day at the capitol and watch the senate as they vote on proposed bills.

* Make an appointment to meet with your legislators, senator or representative to discuss your opposition or concern around a bill

* Never doubt your power as a voter

* Many states set up specific days for roundtables, discussions. Presentations around specific bills or issues. Find your passion, a bill that interests you and join in on the open forums.

Taking a day to familiarize yourself with the legislative process will guide you on how to effectively advocate for the bill or policy you want changed. Simply put, it will show you how things are done. It will arm you with the information you need to challenge what you believe to be right. There are other ways to safeguard your rights when it comes to policy.

* Keep your legislator’s addresses, emails, and phone numbers handy and communicate with them on a regular basis. Just a note: Some are saying that e-mail is becoming less effective. Legislators and public servants receive many e-mails on a daily basis; yours could get lost, ignored or easily overlooked in the avalanche.

* Look up your state’s legislative web page. A wealth of information is available there and most are user friendly. This resource is an educational tool loaded with what bills are currently being introduced in that legislative session, how to contact your representatives, the status on all bills currently being considered as well as some older ones from past sessions to name just a few.

While this is not an exhaustive and complete list of things you can do, it is a beginning. Becoming educated on the ways of law and rule making, staying aware of those bills that could affect you or your loved ones and taking action will insure you that you tried to do something. Sometimes all of the advocacy and action in the universe won’t change policy but wouldn’t it be fulfilling to know that you took some part in trying to effect a change? You took part in something you believe. You could, without knowing how huge the impact was going to be, have helped millions of your fellow Americans or state citizens. Take the time to know what’s going on in the political process. It is your right to protect yourself from policy that could harm. It’s our obligation to help others not to be harmed as well.