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.

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”

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 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.

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.

Shopping for a home can be a little more complicated than finding the property and the money to pay for it. Between you and the night you sip champagne on the porch of your newly acquired house lie mounds of paperwork, with very small print, and jargon that you probably have neither the time nor inclination to wade through.

Why you need a conveyancer

That’s what conveyancers are for. As solicitors who specialise in real estate properties, they can handle all the documents and make sure that you are fully protected by the law.

For example, if you’re selling your home, your conveyancer will prepare the contracts and the property deeds. If you’re buying one, he will coordinate with your mortgage lender and handle all the necessary searches to make sure that you’re not being swindled out of your well-earned pounds.  These include a local authority search (to check if your property is sitting on what will later be converted into a highway), a drainage search, a land registry search (so you know you’re talking to the real owner of the property), and a land charges search (to assure the mortgage lender that you can afford the payments).

Some counties have an even longer list of required searches, making a conveyancer even more important. For example, Cheshire county residents need a brine search, to detect if the levels of minerals present in the ground can affect your house or your health. Most conveyancers will also evaluate your property for any damages or hazards that may need repair or correction, which he will then use to negotiate for a better sale price.

Your conveyancer will also be the one to deal with the solicitor of your house’s seller (or buyer, whatever the case may be). He will prepare your offer sheet, schedule the necessary meetings and negotiations, and then prepare the final contracts.  Once the sale has actually been made, your conveyancer will also take care of the deeds and make sure that the necessary documents are given to your mortgage lender.

Choosing a conveyancer

With the large amount of money involved in purchasing or selling a home, and the paperwork required by the institutions that will lend that money to you, the fees of a conveyancer are well worth the investment.

Some conveyancers charge a fixed rate, others set the amount according to a value of the property.  However, fees should not be the sole determining factor behind your decision to hire someone as your legal representative. Choose someone that you’re comfortable with, who offers excellent customer service, and will update you between the long stretches when documents are being processed. As a rule, legal firms that specialise in conveyancing are more likely to provide this kind of dedicated service. You are guaranteed that you are talking someone who knows the ins and outs of real estate, and will not have to worry that the person assigned to you isn’t too busy in the courts to work on your documents.

It’s also important to ask what is included in the fees, to uncover any hidden charges or at the very least clarify who will shoulder small costs of processing paperwork, such as documentary stamps.

In 1601, The Elizabeth Poor Law authorized local parishes to claim some of the funds they spent while caring for the custodial parent and their children who were not taking care of by the non-custodial parent. But this statue would only be prevailed on the mother and her children if they were extremely poor.

Child Support becomes the law
Child support continued to develop into the early 1900’s. In 1950, the United States Congress pass the first federal child support enforcement legislation having state welfare agencies to inform the appropriate enforcement officials when it became necessary to provide aid to parents with children who had no support by the other parent.

In 1975, Child Support saw big changes, not just for the collection of support, but also for child support enforcement. The Social Security Act, was signed into law on the 4th of January 1975.

In 1984, the next big year for child support laws, when the Child Support Enforcement Amendments were established, requiring improvements in state and local enforcement programs. First, every state in America were required to develop income withholding from all non-custodial parents paying child support. States were also allowed to report any delinquent parents to consumer credit agencies if they were past due  on their payments.

For more in depth information on the history of child support laws please click the links below. You will receive more detailed information.

History

Founded in 1984 by Robert A. Clifford, Clifford Law Offices was first a personal injury law firm, establishing a national reputation for more than 25 years. Now, Clifford Law Offices has 25 attorneys who when combined represent hundreds of years of practice in personal injury law. From the time it was established, Clifford Law Offices and its dedicated staff have the goal of representing the rights of plaintiffs, concentrated on the following areas:

•    Aviation liability, including general and commercial aviation
•    Transportation liability
•    Product liability
•    Medical negligence
•    Construction liability
•    Premises liability
•    Federal Employer’s Liability Act
•    Personal injury and wrongful death litigation

Clifford Law Offices is guided by one principle that dominates every single one of the staff members, that is, placing the individual client first. Because of their adherence to the highest principle of the legal profession, the firm is said to set the standard in professional excellence.

Firm Overview

It is in the very nature of Clifford Law Offices to willingly accept the challenges and responsibilities which are inherently found in complex litigation. Not only that, the firm is also committed to investing majority of its time and resources fully representing a client through investigation and every single one of its successive stages. From investigation to preparation to trial, Clifford Law Offices is not remiss on any one particular detail so that each client receives what is just and reasonable.

The clients of Clifford Law Offices come from every walk of life. The firm has represented victims of personal injury from state Supreme Court judges to business and professional leaders across the country, from construction workers to teachers.

Practice Areas

One of the practice areas that Clifford Law Offices has established a reputation for excellence in is aviation liability. Clifford Law Offices represent clients who are involved in air crash litigation around the world. The firm has a team of highly specialized trial attorneys who have their own reputation of successfully representing passengers and crew members involving commercial aviation litigation. Not only that, but Clifford Law Offices also has experience in handling litigation involving private aircraft, corporate jets, and helicopter crashes. In the last 20 years, the firm has brought lawsuits against a number of major airlines and aircraft manufacturers involved in these tragedies.

Aviation liability is a highly complex area of law, and as such, it requires in-depth knowledge of many facets of aviation. This is the kind of knowledge that the aviation litigation specialist attorneys of Clifford Law Offices have.

Construction Liability

Another practice area that Clifford Law Offices is frequently involved in is construction liability. Accidents on the job unfortunately occur when machinery, equipment, or the workplace itself are unsafe. With the abrogation of the Structural Work Act in Illinois, injured workers and their families may sue on several tort theories of liability, including negligence and strict liability. Clifford Law Offices represents many workers who have been injured while on the job

It is obvious very few people pay attention or understand the equipments that help court reporters perform their jobs so efficiently. In this article, I examine these equipments.

The court reporter uses two primary equipments in the performance of his or her job. They are the Stenograph and the Silencer.

I will start out by talking about the stenograph.

The stenograph also known as stenotype is a specialized typewriter used by court reporters to do their jobs. It is designed to allow for shorthand typing. The keyboard is compact like that of a piano. The symbols on the keyboard are phrases or words. They are translated or transcribed in real-time to computers.

A good court reporter using a stenotype can type up to 300 words per minute. It is this speed that allows the court reporter to capture all the things said in the court of law.

The number one manufacturer of the stenotype machine is the Stenograph Corporation. The corporate headquarter is at Mount Prospect, Illinois. They manufacture manual or automated machines. Some of them are even wireless.

The second and last court reporter equipment I will cover is the Silencer. The silencer is a hand held mask that contains a microphone. The reporter uses this silencer for voice writing.

Using the voice-writing method, a court reporter speaks directly into the silencer. As the reporter repeats the testimony into the recorder, the mask on the silencer prevents the reporter from being heard during testimony. The silencer records everything that is said by judges, witnesses, attorneys, and other parties in the court. The silencer can even capture gestures and emotional reactions.

A leading manufacturer of silencers is the AudioScribe Corporation. They are located in Breaux Bridge, LA.

There you have it. If you were ever wondering about court reporters and their equipment, you don’t have to wonder any more.

Note: You are free to reprint or republish this article. The only condition is that the Resource Box should be included and the links are live links.

Several companies are offering dramatic increases in credit scores of up to 200 points in as little as 60 days using something known as “seasoned credit.”  The concept is simple - if you are added to the credit account of someone with good credit as a cosigner, that good credit will add to your own credit score.  What these companies do, for fees ranging up to £5000, is arrange to add your name as a cosigner to the accounts of willing participants who have good credit of their own.

Adding a cosigner to an account isn’t illegal; husbands and wives add each other to their own accounts all the time.  What is illegal about this scheme is that it is a deliberate effort to manipulate credit reports and credit scores.  If it is done for purposes of qualifying for a loan for which the borrower otherwise wouldn’t qualify, such as for a mortgage, it constitutes fraud.

In addition to the questionable legality of the practice, there are some other reasons why this sort of credit “repair” should not be attempted.  The idea of having someone else’s credit rub off on you works both ways.  Customers of these companies have no idea whose accounts their names are being attached to, and if those customers stop paying their bills, then their credit score will go down along with yours.  None of this is under your control; you are stuck with whomever they stick you with.  Since these companies advertise that once your score increases, you can become part of their “good credit network”, it only stands to reason that you may have your name attached to that of a person who only recently had a bad payment history, too.

Increasing your credit score by 200 or more points in 60 days’ time sounds like a great idea.  But the risks of paying someone thousands of pounds to do it for you are great.  It is better to build your credit the old fashioned way by taking your time.