What Is Criminal Law?
Posted on March 18, 2008 - Filed Under Legal and Law | Leave a Comment
Crime is an inexcusable offence that may take different forms. For example, sedition, treason and espionage are crimes against the state where as murder, rape, kidnapping and assault are crimes against a person. Under criminal law, the government always files the suit where as in case of civil law a private party always files the suit.
Criminal law explains criminal offences and its elements and the punishment for the convicted offenders as an effective means of social control. The most important feature of the U.S. criminal law is its provision for common punishment. Certain criminal laws prescribe rules and regulations to observe and maintain higher standards of conduct. For example, helping the police in investigation when asked to do so and reporting to authorities immediately after a culprit is identified are examples of moral or ethical criminal laws.
Read More..>>Canada Introduces More Pointless Legislation
Posted on March 17, 2008 - Filed Under Legal and Law | Leave a Comment
On Wednesday, the Canadian government took advantage of a visit by Californian Governor Arnold Schwarzenegger to give him notice of a new bill to combat Canadian movie piracy. The Canadian government is making a big deal out of this proposed bill, and has been unusually open and transparent about the motives behind the sudden shift in policy. Not due to our elected Members of Parliament coming to us and telling us about what’s going on, but due to the timing of the bill’s announcement and to whom the first notice of the bill was given are we able to quickly and easily determine the driving force behind this new piece of legislation. First notice was given to an American governor, with the Canadian people left as an afterthought. As we can all clearly see from this, the driving force behind this new piece of legislation is the MPAA and the American government. I’m not too sure why Canada is being targeted as a “pirate haven”, by the MPAA, since their own website uses Canada as an example of countries with anti-piracy legislation:
Read More..>>Copyright And The Internet
Posted on March 16, 2008 - Filed Under Home and Family, Legal and Law | Leave a Comment
If a piece of work or something someone/some people have created then they should own the rights to it and therefore it belongs to them. There is of course varying degrees in how many rights they reserve and different countries more than likely have their own interpretations, but on the web this becomes a bit more of a grey area, with no-one to stringently enforce the laws, that’s not to say that if you do violate them you wont be caught.
Read More..>>Trademarks: When And How To Search And File Trademark Applications
Posted on March 15, 2008 - Filed Under Legal and Law | Leave a Comment
1. What is a Trademark?
A trademark can be any word, slogan, design, symbol, or even a color, smell, product configuration or a combination of these, used to identify the source of origin of particular goods and services. The trademark serves as a source identifier of your goods and services, to distinguish it from the goods and services of others. For example, Nike has a registered trademark with the United States Patent and Trademark Office (“USPTO”). Their mark is used to distinguish their goods and services over other shoe companies. Nike actually owns several trademarks, including design marks as well, such as their swoosh symbol.
Are You Prepared To Face The Patent Office As It Is Going To Grant Only Narrow Patents?
Posted on March 14, 2008 - Filed Under Legal and Law | Leave a Comment
Chemical and pharmaceutical companies protect their investment in research and development and the future of the companies by securing patents on their inventions. Success or failure of the company often depends on the strength of the patent or in its ability to resist competition.
Recently, the United States Patent and Trademark Office proposed changes to the way patents will be processed with a view to reduce patent Examiner’s work load. These changes could drastically limit the company’s ability to secure strong patents. Under the current practice, if the company is not happy with the Examiner’s refusal to grant a patent, the company can file one, two, or more continuation patent applications so that additional exchanges can take place between the applicant and the Examiner.
Read More..>>How To Prepare For An Osha Investigation
Posted on March 13, 2008 - Filed Under Legal and Law | Leave a Comment
I. Purpose and Application of OSHA
1. History and Applicability of OSHA
The Occupational Safety & Health Act of 1970 (“OSH Act”) was signed into law December 29, 1970. The Occupational Safety & Health Administration (“OSHA”) began operations on April 28, 1971. OSHA’s first standards were promulgated May 29, 1971. The OSH Act was passed to assure, so far as possible, every working man and woman in the nation safe and healthful working conditions and to preserve our human resources. See 19 U.S.C. § 651, also known as the General Duty Clause.
Read More..>>Types Of Personal Injury Lawyers
Posted on March 12, 2008 - Filed Under Legal and Law | Leave a Comment
If you are willing to claim personal injury compensation and are in search of a personal injury lawyer, you should avoid doing the mistake of choosing “just any” personal injury lawyer.
Every personal injury lawyer is specialized in a particular area. For instance, personal injury lawyers who have been practicing the medical malpractice law for years might not have any experience of handling workers’ compensation cases.
In the field of medicine, there are super specialized doctors to provide a special type of medical care. Similarly, every personal injury lawyer is specialized in a particular personal injury law.
Read More..>>When Is A Corporation Considered Foreign?
Posted on March 12, 2008 - Filed Under Automotive, Legal and Law | Leave a Comment
The word “foreign” carries connotations of something in a country other than one’s own. In the world of corporate law, of course, it has an entirely different meaning.
For the most part, corporate law falls into the bowels of state law. Put another way, each state writes its own rules and regulations regarding business entities. There is no federal law on the subject and none seems imminent regardless of how strange some of the state laws are.
Read More..>>Preventing Employee Lawsuits
Posted on March 12, 2008 - Filed Under Legal and Law | Leave a Comment
Q: I was a manager at a small company for many years. This company had a couple of lawsuits filed by disgruntled employees. Now I am in the process of establishing my own business. How can I prevent lawsuits by employees?
A: You can’t. Our legal system allows individuals to file lawsuits, meeting a fairly minimal threshold, when they believe they have been wronged. And while employers may and often do ultimately prevail, even winning can represent a significant expense to your company – one that most would prefer to avoid if at all possible.
Read More..>>Can You Trademark Your Business Name?
Posted on March 8, 2008 - Filed Under Automotive, Legal and Law | Leave a Comment
A trademark is a distinctive image, word or other thing that associates with a product or service. So, can you trademark your business name?
Most people think trademarks are logo oriented. In some ways, this is true. The Nike Swoosh is clearly a logo trademark that stands out in peoples minds. When you see it, you immediately think of Nike and its products. While logos can clearly be trademarked, what about a business name? The answer is both yes and no.
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