Umazon Blog

Various states across US have different lemon laws. Lemon law California differs from those in other states. It is important to know the fine intricacies of Lemon law California. Lemon law California is also known as Motor Vehicle Warranty Rights Act. The California lemon law states that any vehicle purchase is a major consumer purchase. If such a vehicle turns out to be defective or if is found to cause serious injuries or even hardships to the consumer due to its defects, then a consumer is entitled to be made aware of his rights. Under the consumer rights if the defects or hardships are proved in the Federal court of law and if the vehicle is under warranty period, then a consumer can call for a lemon law suit.

Lemon law California and Federal warranty law protect consumers from being stuck with ‘Lemon’ automobiles, computer lemons and other defective consumer products. According to Lemon Law in California, if any car or computer is turns out to be a Lemon, then a consumer may be entitled to your money back, a replacement or a cash settlement.

According the Lemon law California, the owner of a motor vehicle or the owner’s designated agent may make a complaint concerning a defect in a motor vehicle that is covered by a manufacturer’s, converter’s, or distributor’s warranty agreement applicable to the vehicle. Any complaint regarding a lemon vehicle must be made in writing to the applicable dealer, manufacturer, converter, or distributor. The written complaint about a Lemon must specify each defect in the vehicle that is covered by the warranty. The owner may also invoke the board’s jurisdiction by sending a copy of the complaint to the board. Any case regarding the lemon vehicle, if not resolved by owner and dealer or manufacture privately is entitled for a hearing.

Before filing a suit for any damaged vehicle for lemon law California certain points must be ensured for proper proceedings in a federal court of law. All copies of documentation concerning the car and all the repair records should be kept in proper order. A track of details such as when was the vehicle serviced, where the vehicle was purchased from, from whom the vehicle was purchased etc. Technical service bulletins concerning the car should be called for. The VIN or Vehicle Identification Number for a lemon vehicle should be noted specifically. This VIN number is a series of 17 numbers and letters that are unique to each vehicle. It is located on a metal plate at the lower corner of the front windshield on the driver’s side. There are various attorneys who specialize in lemon law California such attorneys should be specifically consulted for filing any lemon law suit.

A vehicle report history should also be kept in order for any reference before filing the suit for lemon law California. A vehicle report history can be easily obtained from the internet. Various agencies provide free vehicle history report in California. A vehicle history report can be generated by providing the VIN to any of the websites pertaining to vehicles in California. The vehicle history report easily reveals any problems that might not be visible to untrained eye. This could be major damage from collision, fire, hail or water damage, odometer rollback or tampering, lemon or junk status, and much more.

Lemon law California states all the provisions to prevent a consumer from being stuck with a lemon. The best way to get rid of lemon car is to act and file a suit as soon as possible.

Earl Powers, US Lawyer and Car Lemon Laws expert - focusing on What Is The Lemon Law and Used Car Lemon Laws

Though the Louisiana state laws may ostensibly appear similar to the laws in other American states, they are essentially different and have to be presented and interpreted in a manner very specific to the court system prevalent in the state of Louisiana. Therefore, it is advisable to hire a lawyer who is well versed with the finer points and knows the ins and outs of the Louisiana Probate Law.

Probate law deals with the estate left by a dead man, to ensure that the assets are justly distributed among the heirs and the descendants in his family, and the creditors are paid properly. A probate is a petition presented before a court to name the representative of the deceased so that his legacy is properly administered. The court publishes a public notification and the parties involved appear before it and are paid their due.

Though the process appears quite simple at its face, it is quite complicated when the depositions of the claimants run at cross-purposes against each other. This happens more often in the state of Louisiana, where the laws are different from other American states.

So if you are involved in a similar case in the state of Louisiana, be sure to hire a lawyer who is well versed with the special probate laws of the state and understands the importance of the legal procedures there. The state of Louisiana requires a certain format for preparing documentation, and only a specialist can understand exactly the procedures and standards set by the state. Failure to understand the state law and follow it up properly may delay the determination of the case. It is therefore advisable to hire a lawyer right in the beginning of the case, rather than trying to settle it through one’s own efforts and be frustrated later on.

A Louisiana Probate Lawyer may have to prepare a notarized testament in accordance with the probate laws of the state before it is executed. Only a lawyer can write it. Like the common cold with multitudinous strains, which can be differentiated and diagnosed by a doctor only, probate problems are sometimes very singular in nature and therefore require a unique approach and presentation for their resolution. Thorough enquiries should therefore be made before selecting a lawyer to deal with your probate problems in Louisiana.

Louisiana Lawyers provides detailed information about Louisiana lawyers, Louisiana probate lawyers, Louisiana real estate lawyers, Louisiana divorce lawyers and more. Louisiana Lawyers is the sister site of New Jersey Business Lawyers.

Introduction

In light of the rising crime rate in the United Kingdom, this brief article will assess the criminal justice system within the United Kingdom, and explore whether the actual facilities in place are helping to limit the numbers of convicted criminals that re-offend, or whether these systems that are in place are engineered towards re-offending. For most offenders there first port of call will be incarceration. It will, therefore, be important to start with the effectiveness of prisons. Once a person is released from prison, they will then fall under the auspices of the Rehabilitation of Offenders Act, and possibly be ordered to undertake a period of probation. If re-offending is to be curtailed, then both of these structures need to be successful, thus, there efficacy will be assessed next. The final part will investigate who benefits from a system engineered towards re-offending. The article will conclude that the Criminal Justice System is engineered towards re-offending, and until this problem is attended to, the structures in place that currently are concentrated on tackling re-offending, will continue to be superfluous.

Prison

To incarcerate the perpetrators of crimes within a prison should be the last resort of any civilised society. In England and Wales, the prison population is over 70,000. If this most extreme of punishments is to be effective, it must not only be there as a form of retribution. Prisons are extremely expensive and should have as the main goal the reduction in a prisoner’s propensity towards re-offending.

So this poses the question, what is the best way in which the prison service could best tackle re-offending? A publication in the Guardian (Tuesday July 23 2002) suggested that keeping close family links between convicted criminals and their families has been proven to reduce the chances of that person re-offending. This has resulted in various visitors centres treating visitors not as prisoners, but as members of the public. The question still remains, however, as to why this policy is not employed throughout all jails were a direct threat is not present? If the keeping of family ties can help prevent re-offending, then why is not a more suitable venue offered for people to meet their families’ children etc…..? They have not committed a crime, yet they are often treated with extraordinary suspicion. The visit can be extremely harrowing for the children of convicted criminals, and can lead to alienation between the convicted criminal and his family.

Rehabilitation of Offenders Act

The Rehabilitation of Offenders Act 1974 is one of the cornerstones of the Criminal Justice System. It is a statute that allows a convicted criminal to wipe the slate clean after a certain period of time for employment purposes. The periods involved are greater in length for more serious crimes. This system provides that an individual convicted of a crime must declare this conviction to any prospective employer.

There are a lot of organisations that feel that this Act is counterproductive when it is considered in terms of re-offending. The Prison Reform Trust, an organisation aimed at creating a just, humane and effective penal system, point out some principle weakness in the Act. They state that the Act excludes people who have served over two and a half years in jail. Thus, any person who has served a prison sentence for this length of time will always have to declare this to an employer. The Prison Reform Trust further point out that a person is sentenced to a prison sentence, and then must bare the imposition of a new sentence, that can, in various cases, last for up to ten years. Why is the Rehabilitation of Offenders Act orchestrated in such a way as to prohibit people finding employment once they leave jail?

Probation

The probation service states on its website that ‘Crime is a complex issue and it demands comprehensive and complex solutions. The National Probation Service (NPS) is a major component in reducing crime.’ If we consider the full meaning of this statement, then by implication, the probation service is a tool to combat re-offending. How do they do this? They allege this is done by intervening early to take young people away from crime and by introducing offender programmes that have a track record in reducing re-offending.

According to CIVITAS, these two proclamations have been shown to be highly unlikely. The Intensive Supervision and Surveillance Program that was initiated for young offenders, (ISSP) has cost at least £45m since 2001. However, it has been admitted that 84% of participants were reconvicted within 12 months of the start of the program. Over half of offenders (53%) did not even complete the six-month program. In other words, ISSP was more costly than other community sentences and was less effective. The Offending Behavior Program, costing at least £2,000 each, has been found not to reduce crime. Recent Home Office studies found that reconviction rates did not fall (pp.59-64 Home Office Research Study No. 206; Home Office Research Findings No. 161.) These statements do not paint an encouraging picture and certainly do nothing to promote the ideal that society is either tackling, or indeed taking the issue of re-offending seriously.

Who Benefits from Re-offending

Whilst the measures that have been examined above all have systemic failings, the question needs to be asked as to who is benefiting form the current high recidivist rate? Society as a whole is certainly not a beneficiary. There have been different suggestions regarding why the recidivist rate is so high, with some suggesting that it is an intentional mechanism to keep people fearful. Fearful people will always relinquish civil liberties in order to curtail crime levels.

There is also a more cynical view advocated by some. The police service depends upon funding form the treasury. The treasury relies on funding from the taxpayer. If one can forget the political issues and focus on the economic matter, then people will nor feel too aggrieved to be highly taxed in order to fund a police service, which, in effect, because of concerns out of there control, remains largely unproductive.
There are some who believe that the Rehabilitation of Offenders Act provides inexpensive employment. The jobs that most people in our society would not even contemplate doing, the most mundane and least rewarding economically of all employment, will often be filled by convicted criminals.

Conclusion

The question that was posed at the beginning of this paper concerned whether the Criminal Justice System, and whether it was engineered towards re-offending. As we have seen with incarceration in prisons, this will often lead to re-offending. The policy of treating the whole family as convicted criminals, not just the offenders, will lead to the offenders becoming alienated from their families. This will then induce a feeling of hopelessness which often leads to the offender re-offending. Even if a convicted criminal survives prison with his family unit intact, he must then contend with the Rehabilitation of Offenders Act which is outdated and will more often than not force a convicted individual back into crime, purely because they cannot find employment. No employment leads to low self-esteem, which can often lead back to a life of crime.

Finally, probation does not work as most people have to attend two days a week. This also negates the possibility of gaining employment and can often lead to severe financial difficulties, which again can lead people to re-offend. The task of reintegrating back into society is fraught with many obstacles, obstacles that cost the taxpayer excessive amounts of money. Society can ill afford to punish convicted criminals for their entire lives. If anyone does not agree that the system is engineered towards re-offending, they cannot deny that the system in place is wholly ineffective and needs a complete rethink.

Thomas Gallagher
LLb John Moores University
LLM Liverpool University

If you wish to read more about this subject then visit http://www.criminal-information-agency.com/probation/, http://www.criminal-information-agency.com/index.htm, and http://www.criminal-information-agency.com/probation/

The case of Webster v Brunel University [2004], was recently decided by the Employment Appeal Tribunal (’EAT’). The applicant, Webster, was employed by Brunel University as a helpdesk officer providing Information Technology support to the administrative staff of the respondent, Brunel University. The applicant brought proceedings in the employment tribunal against the respondent, claiming racial discrimination.

The tribunal dismissed her complaints. The applicant appealed in respect of the dismissal of one of her complaints, namely that whilst she was giving advice over the telephone she heard laughter in the background and the word ‘Paki’ was mentioned. She claimed racial discrimination and contended that Brunel University was vicariously liable.

Section 54A (1) of the Race Relations Act provides:

‘This section applies where a complaint is presented under s 54 and the complaint is that the respondent (a) has committed an act of discrimination, on grounds of race … which is unlawful (2) Where, on the hearing of the complaint, the complainant proves facts from which the tribunal could, apart from this section, conclude in the absence of an adequate explanation that the respondent (a) has committed such an act of discrimination against the complainant the tribunal shall uphold the complaint unless the respondent proves that he did not commit that act’.

The applicant claimed the following:

Once the tribunal had found that the word ‘Paki’ was used, it had erred in leaving the onus on the applicant, to establish that there had been unfavourable treatment on grounds of race;

Further, the tribunal having left the onus on the applicant to establish unfavourable treatment and by looking at all the facts had simply decided that she had not proved her case;

That the tribunal should at least have considered transferring the onus of proof to the respondent;

That the tribunal ought to have concluded that there could have been discriminatory treatment by Brunel University because the alleged treatment could have been by an employee of the University. Once it concluded discriminatory treatment the tribunal should have transferred the onus from the applicant to the respondent.

The University contended that before the onus of proof could transfer to the respondent:

It was necessary for the applicant to establish that there was unfavourable treatment by the respondent; and
Only then could inferences be drawn that that treatment was discriminatory on grounds of sex or race.
The EAT allowed the appeal.
The EAT ruled that the onus of proof transferred to the respondent once the applicant had established a prima facie case that there had been a discriminatory act by the respondent.

The EAT held that in future tribunals should apply the same prima facie test as applied to all questions relating to race and sex discrimination. In particular, where the treatment complained of by an applicant, amounted to sexual or racial discrimination and, was carried out by an employee of the respondent.

The Tribunals should in future direct themselves that once the facts had been found on the balance of probabilities, from which the tribunal could conclude, in the absence of an adequate explanation, that the respondent had committed such an act, then the tribunal would uphold the complaint unless the respondent proved that it had not committed the act or, that the respondent was not vicariously liable for the employee that had committed the act.

The case was remitted to a fresh tribunal to consider:

Whether there was a prima facie case of unfavourable treatment by the respondent by someone for whom the respondent was vicariously liable; and
If so, upon the burden of proof passing from the applicant to the respondent, whether the respondent could establish that there was no unfavourable treatment, significantly influenced by race, of the applicant, by one of its employees.

If you require further information contact us.

Email: enquiries@rtcoopers.com

© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Employment solicitors, employment law, employment lawyers, employment law firm, Redundancies, Unfair Dismissals, Breach of Contract, Workplace Disputes, TUPE Transfers, Drafting Employment Contracts, Grievance Procedures, Disciplinary Procedures, Maternity Rights,Discrimination, Employment Disputes, suspensions, wrongful dismissal,Equal Pay, Media Copyright.

For further advice email us at enquiries@rtcoopers.com or visit our website at http://www.rtcoopers.com/practice_employment.php

The astute old Chinese slogan has a strong significance; the tale explained the truth that we identify with an event drastically more if it is observed. By means of video production or videography it’s viable to record a chain of events.

These days in every corporate presentations, video is often utilised. By using video production it is possible to supply the required communication to a lot of different potential consumers to help allure them. Online Video production is now used for numerous different purposes; however, quite a lot of short format online videos and brand associated productions are usually produced in order to attain certain business targets. Are you looking to utilise online video as part of your marketing mix? If so, then Vidify has the video productions services your want.

Audio video presentations are in style and thus are used in nearly any kind of industry activity. Video agencies at the outset by and large work with a certain sort of client or an organisation that wants to create an online corporate video, a presentation or a series of video clips. The entire occupation of video production is usually carried out by a couple of freelancers; though there are a few online video production companies around at the moment.

The contribution of music composers, cameraman & script writers are also very common when creating online video presentations. What’s more, marketing agencies & PR companies have lately become involved with video marketing.

When people call me about employment issues they don’t realize one important law- in almost every state you are terminable at will. That means that your employer can fire you anytime and for no reason at all. The only way you are protected from being fired on the spot without notice is if you have a contract of employment. A contract of employment must be in writing and should specify your length of employment, salary, terms of employment, vacation, bonus calculations, the basis of termination and any warnings to be given (make it at least 3 warnings if you can) prior to termination and must be signed by your employer, among other things.

Now, most people never get employment contracts because their employers do not want to lose the right to terminate you with or without cause. But there is a saving grace–if your employer wrote an intial offer of employment letter and you commenced employment based on that letter, you can use the terms in that letter as your contract of employment. Hopefully the letter spells out your salary and length of employment because there are cases where if your fired before the end of the term in that letter than you can be due the balance of your salary for that term.

So, if your salary was $40,000 for the year and the offer of employment letter states your term is 1 year then if your fired in the first 2 months, your due the balance of 10 months salary. And if your employer has an Employee Handbook with rules and regulations therein (usually terms of termination, warnings, vacation pay) then that Handbook is also a binding “contract” of employment. Read the terms of your Handbook because it may spell out how and when you can be terminated which may or may not be good for you depending on whether or not it limits the employer’s liability for terminating you.

On the other hand, if the Handbook has terms regarding certain pre-warning procedures before terminating you an dthose procedures were not followed , then you can enforce those procedures as terms of your contract. If your employer breached those terms he most likely must re-instate your employment and follow those procedures before terminating you.

The most important part of your employment is getting paid, so if your employer fires you and refuses to pay you what you understand to be due you, then use your Offer Letter and the Employee Handbook as your “contract” of employment. The employer must follow any terms in those documents. There are also labor laws in each state that require payment for overtime, limited hours of work for certain jobs and notice of your termination date and your health insurance termination dates and proper notice is required as to how to extend your health benefits (”COBRA”). Also, law specify that an employer must pay you at least every two weeks, so if your fired and the employer doesn’t send your last check to you on time an dholds it back-he violated labor laws and can be held liable to you for extra money you pay to recover your wages.

For instance, in New York the Labor Law mandates proper notice of employee termination and benefits termination. An employer failing to follow the Labor Laws is penalized under Labor Law 198, in addition to ordinary costs lost by the employee he must pay a reasonable sum for expenses which may be taxed as costs are allowed by the court.

Furthermore, in any action instituted upon a wage claim by an employee which the employee prevails, the court is required to allow such employee reasonable attorneys’ fees, Labor Law 198(1-a), and upon finding that the employer’s failure to pay the wage specified by statute was willful, an additional amount as liquidated damages equal to twenty-five percent of the total amount of wages due is also paid to the employee. Labor Law 198(1-a). Case law holds an award of liquidated damages to employees proper where the employer knowingly, deliberately and voluntarily disregarded its obligation under the Labor Law to pay the employees’ commissions, which would be deemed “willful” failure to pay wages. P & L Group, Inc. v Garfinkel (1989, 2d Dept) 150 AD2d 663, 541 NYS2d 535.

So, don’t despair if your employer gives you a hard time when your fired–there are laws requiring him to pay your wages and your Employee Handbook and Offer of Employment Letter also can be used as valid contracts to support your position for wages.

This article is certainly not all inclusive and is intended only as a brief explanation of the legal issue presented. Not all cases are alike and it is strongly recommended that you consult an attorney if you have any questions with respect to any legal matters.

Any questions and/or comments with respect to this topic or any other topic, contact:

Law Offices of Susan Chana Lask

853 Broadway, Suite 1516

New York, NY 10003

(212) 358-5762
Susan Chana Lask, Esq. c 2004

About The Author

Susan Chana Lask is named in the media as New York’s high-powered attorney. She succesfully handles all civil & crimnal cases in State & Fedral Courts nationwide. Visit http://www.appellate-brief.com

scl@appellate-brief.com

Over recent years the Internet has allowed information to flow freely between individuals. We can share opinions, beliefs, and sometimes help each other make choices. The Internet has opened up the possibility of reviewing everything on-line, so that people knew exactly what they were getting into before they spent any money on it. How many times have we felt that we are being scammed? How many times has a purchase turned out to be a waste of money? The stories are endless. The Internet has allowed us to share information, and make sure we help others avoid the bad services that we experienced.

Many websites have aimed to help this problem by offering users reviews of local businesses, with the ability of visitors sharing their experiences as well. So far, this type of service has been unavailable for Solicitors. Just like other businesses, solicitors too can be of different standards. A new website, Solicitor List (www.solicitorlist.co.uk) has now opened, which aims to fill in this gap. With over 13,000 solicitor firms already listed on their website, finding a solicitor is extremely easy. Not only that: each solicitor can receive reviews from any visitors that use the website. For example, anyone who has had a good experience with a family solicitor, can post a comment about them on the website. If a solicitor did not live up to your expectations, you can make sure other people know about it too.

Not only is this good for the public, solicitor companies can benefit too. Their details are visible on a highly visited website, and the quality of their work is likely to be reviewed by clients. Good solicitors will get more business from the website, as they are marked as good solicitors. Listings are completely free for all companies, although only the company’s address and telephone number are shown in the free listing option.

Solicitor List (www.solicitorlist.co.uk) is now open and available to all.

The Federal Trade Commission is responsible for issuing and enforcing rules for consumer issues on the Internet. As part of this process, the FTC has published a list of the 12 scams you are most likely to receive as email.

The Dirty Dozen Scams

The “dirty dozen” are:

1. Business opportunities

These business opportunities make it sound easy to start a business that will bring lots of income without much work or cash outlay. The solicitations trumpet unbelievable earnings claims $1,000 a day or more without doing any work. Many business opportunity solicitations claim to offer a way to make money in an Internet-related business. Short on details but long on promises, these messages usually offer a telephone number to call for more information. In many cases, you’ll be told to leave your name and telephone number so that a salesperson can call you back with the sales pitch.

The scam: Many of these are illegal pyramid schemes masquerading as legitimate opportunities to earn money.

2. Bulk email

Bulk email solicitations offer to sell you lists of email addresses, by the millions, to which you can send your own bulk solicitations. Some offer software that automates the sending of email messages to thousands or millions of recipients. Others offer the service of sending bulk email solicitations on your behalf. Some of these offers say, or imply, that you can make a lot of money using this marketing method.

The problem: Sending bulk email violates the terms of service of most Internet service providers. If you use one of the automated email programs, your ISP may shut you down. In addition, inserting a false return address into your solicitations, as some of the automated programs allow you to do, may land you in legal hot water with the owner of the address’s domain name. There are also very strict rules, known as the CAN-SPAM Act, regulating bulk email marketing.

3. Chain letters

You’re asked to send a small amount of money ($5 to $20) to each of four or five names on a list, replace one of the names on the list with your own, and then forward the revised message via bulk email. The letter may claim that the scheme is legal, that it’s been reviewed or approved by the government; or it may refer to sections of U.S. law that legitimize the scheme.

The scam: Chain letters are almost always illegal and nearly all of the people who participate lose their money. The fact that a “product” such as a report on how to make money fast may be changing hands in the transaction does not change the legality of these schemes.

4. Work-at-home schemes

Envelope-stuffing solicitations promise steady income for minimal labor-for example, you’ll earn $2 each time you fold a brochure and seal it in an envelope. Craft assembly work schemes often require an investment of hundreds of dollars in equipment or supplies, and many hours of your time producing goods for a company that has promised to buy them.

The scam: You’ll pay a small fee to get started in the envelope-stuffing business. Then, you’ll learn that the email sender never had real employment to offer. Instead, you’ll get instructions on how to send the same envelope-stuffing ad on your own. If you earn any money, it will be from others who fall for the scheme you’re perpetuating.

5. Health and diet scams

Pills that let you lose weight without exercising or changing your diet, herbal formulas that liquefy your fat cells so that they are absorbed by your body, and cures for impotence and hair loss are among the scams flooding email boxes.

The scam: These gimmicks don’t work. The fact is that successful weight loss requires a reduction in calories and an increase in physical activity. Beware of case histories from “cured” consumers claiming amazing results and testimonials from “famous” medical experts you’ve never heard of.

6. Effortless income

The trendiest get-rich-quick schemes offer unlimited profits exchanging money on world currency markets; newsletters describing a variety of easy-money opportunities; the perfect sales letter; and the secret to making $4,000 in one day.

The scam: If these systems worked, wouldn’t everyone be using them? The thought of easy money may be appealing, but success generally requires hard work.

7. Free goods

Some email messages offer valuable goods-for example, computers, other electronic items, and long-distance phone cards-for free. You’re asked to pay a fee to join a club, then told that to earn the offered goods, you have to bring in a certain number of participants. You’re paying for the right to earn income by recruiting other participants, but your payoff is in goods, not money.

The scam: Most of these messages are covering up pyramid schemes, operations that inevitably collapse. The payoff goes to the promoters and little or none to you.

8. Investment opportunities

Investment schemes promise outrageously high rates of return with no risk. Many are Ponzi schemes, in which early investors are paid off with money contributed by later investors. This makes the early investors believe that the system actually works, and encourages them to invest even more.

The scam: Ponzi schemes eventually collapse because there isn’t enough money coming in to continue simulating earnings. Other schemes are a good investment for the promoters, but no for participants.

9. Cable descrambler kits

For a small sum of money, you can buy a kit to assemble a cable descrambler that supposedly allows you to receive cable television transmissions without paying any subscription fee.

The scam: The device that you build probably won’t work. Most of the cable TV systems in the U.S. use technology that these devices can’t crack. What’s more, even if it worked, stealing service from a cable television company is illegal.

10. Guaranteed loans or credit, on easy terms

Some email messages offer home-equity loans that don’t require equity in your home. Usually, these are said to be offered by offshore banks. Sometimes they are combined with pyramid schemes, which offer you an opportunity to make money by attracting new participants to the scheme.

The scams: The home equity loans turn out to be useless lists of lenders who will turn you down. The promised credit cards never come through, and the pyramid schemes always collapse.

11. Credit repair

Credit repair scams offer to erase accurate negative information from your credit file so you can qualify for a credit card, auto loan, home mortgage, or a job.

The scam: The scam artists who promote these services can’t deliver. Only time, a deliberate effort, and a personal debt repayment plan will improve your credit. The companies that advertise credit repair services appeal to consumers with poor credit histories. Not only can’t they provide you with a clean credit record, but they also may be encouraging you to violate federal law. If you follow their advice by lying on a loan or credit application, misrepresenting your Social Security number, or getting an Employer Identification Number under false pretenses, you will be committing fraud.

12. Vacation prize promotions

Electronic certificates congratulating you on “winning” a fabulous vacation for a very attractive price are among the scams arriving in your email. Some say you have been “specially selected” for this opportunity.

The scam: Most unsolicited commercial email goes to thousands or millions of recipients at a time. Often, the cruise ship you’re booked on may look more like a tug boat. The hotel accommodations likely are shabby, and you may be required to pay more for an upgrade. Scheduling the vacation at the time you want it also may require an additional fee.

In Closing

Don’t check your common sense at the door simply because you are surfing the web. If it seems to good to be true, it is. Don’t fall victim to these scams.

Richard Chapo is the lead attorney for the law firm http://www.SanDiegoBusinessLawFirm.com - a firm providing legal advice to California businesses. This article is for general education purposes and does not address every facet of the subject matter. Nothing in this article creates an attorney-client relationship.

Gall Bladder Surgery Medical Malpractice Death Results in $2.2 Million Jury Verdict

In the case of Dos Santos v. Zarif, a jury awarded $1.5 million to the estate of artist and sculptor Luis Dos Santos and $700,00 in loss-of-consortium to his wife. A motion for remittitur was denied. Dos Santos was age 64 at the time of his death. The jury heard testimony of the decedent’s enjoyment of life, of his teaching skills, and of his planned exhibitions for his works. (Matasavage, J., presiding in Waterbury).

Asbestos Litigation $1.15 Billion Settlement Reached. The Hartford Financial Services Group Inc. announced Dec. 19 that has agreed to settle for $1.15 billion with MacArthur Co. and its subsidiary, Western MacArthur Co., for coverage related to asbestos litigation policies. Hartford Financial will pay the enormous sum in the first quarter of 2004 from existing reserves. Payment will be held in escrow until certain conditions are met, according to Hartford Financial, and will thereafter be paid into a bankruptcy trust to fund present and future claims. The U.S. Bankruptcy Court for the Northern District of California must still approve the settlement, which is conditioned upon confirmation of a plan of reorganization that grants the insurer a channeling injunction against any future asbestos-related liability claims brought against MacArthur. A hearing on the fairness of the settlement in MacArthur’s Chapter 11 proceedings (Western Asbestos Co., No. 02-46284, N.D. Calif. Bkcy.) was held on Jan. 9.

Travelers Insurance Settles Class Action Claims on Asbestos Injuries

Travelers Property Casualty Corp. announced Nov. 21 that the company arranged an out-of-court settlement with class action plaintiffs who claimed that the insurer violated state business laws by unfairly handling claims and settlement practices related to asbestos injury claims.

Product Liability Action With Few Ties To Connecticut Referred Back To Tennessee
In a case that has seen venue transferred across three states, a federal judge in Connecticut finally ordered a case originally filed in Wisconsin transferred to the U.S. District Court for the Western District of Tennessee - for the second time (The Charter Oak Fire Insurance Co. v. Broan-Nutone, L.L.C., No. 03-CV-733, D. Conn). Charter Oak is represented by Brian P. Henry of Tedford & Henry. Broan-Nutone is represented by Joseph Bree Burns and Putnam Hutchinson Perry of Rome McGuigan Sabanosh. All are located in Hartford, Conn.

Connecticut’s District Court Urged To Dismiss Landfill Liability
A Nov. 24 reply brief filed by Olin Corp. and the Town of Hamden maintains that the plaintiffs rely on new assertions and conclusions of law to support their claims of landfill liability, rather than carry their original burden of proof as written in case law and the local rules. Accordingly, the defendants continue to press the district court to dismiss the suit with prejudice. (Clarence R. Collins Jr., et al. v. Olin Corp., et al., No. 03-945, D. Conn.

Xerox Settles Litigation Over its Cash Balance Plan For $239 Million
On Nov. 14, Xerox Corp. agreed, in principle, to settle for $239 million a class action lawsuit filed by Xerox retirees and pensioners over the Xerox cash balance plan (David Berger, et al. v. Xerox Corporation Retirement Income Guarantee Plan, No. 02-3674, 7th Cir.). Xerox Corp. Retirement Income Guarantee Plan will pay $239 million to plaintiffs and for legal fees, the company announced. Plaintiffs claimed the plan improperly calculated lump-sum distributions from cash balance accounts, resulting in lower benefits for certain employees who left the company between Jan. 1, 1990, and Dec. 31, 1999. Xerox reported $5.963 billion in pension assets and $7.931 billion in pension obligations as of last Dec. 31.

Pfizer Seeks To Consolidate Trovan Product Liability Suits in New York
Pfizer Inc. has filed court documents to consolidate a product liability suit filed in the U.S. District Court for the District of Connecticut with a similar suit filed in New York. Both suits involve deaths of Nigerians following the outbreak of an epidemic and the medical relief aid provided by Pfizer through their 1996 Trovan study. The Connecticut plaintiffs oppose the consolidation saying their suit involves claims arising under Connecticut state law and that much of the research and managerial and conspiracy activity took place in Connecticut (Ajdu Ismaila Adamu, et al. v. Pfizer Inc., No. 02-2104, D. Conn.).

Connecticut Judge: No Homeowner’s Insurance Coverage for Sexual Assault
On Nov. 14, a Connecticut Superior Court judge granted summary judgment to an insurance carrier against an insured in a case that posed the question of whether the homeowners insurer has a duty to defend or indemnify a policyholder for an underlying intentional sexual assault action. (Colonial Penn Insurance Co. v. James Dimitriadis, No. CV020392908, Conn. Super., Fairfield Jud. Dist. at Bridgeport; 2003 Conn. Super. LEXIS 3268).

Punitive Damages Possible in Product Liability Case
On Nov. 10, a Connecticut state judge denied a manufacturer’s motion to strike the punitive damages count as insufficiently pled in an action involving cheese that allegedly poisoned a woman. Thus the manufacturer will now face the possibility of punitive damages at trial should the plaintiff prove her case. (Nina Primini v. Liuzzi Markets, et al., No. CV020280469S, Conn. Super., Judicial Dist. of Meriden.)

Parachute Accidental Death Damages Waived by Release

A Superior Court judge ruled on Oct. 9 that when Christina Beaudry signed a detailed release agreement, she acknowledged the risks involved in riding in a powered parachute device. Accordingly, she assumed those risks and waved future claims for injuries she might sustain. This release precluded her estate from filing a wrongful death or product liability claim; thus, the court granted summary judgment to the parachute’s manufacturer and operator. (Barry Dimaggio, Administrator for the Estate of Christina Beaudry v. Daniel Labrecque, et al., No. CV000438800S, Conn. Super. New Haven Jud. Dist.; 2003 Conn. Super. LEXIS 2823).

National Geographic Wins Dismissal Of Claims In Dispute Over CD-ROM
National Geographic is privileged to use individual contributions (both photographs and articles) in the digital versions of its magazine where the contributions appear in substantially the same context as they did in print. This ruling is particularly significant, because many older television series are now seeing a second life in CD-ROM format, and the rights to those CD-ROMS have yet to be fully defined. (Douglas Faulkner et al. v. National Geographic Society et al., No. 97-09361, S.D. N.Y.).

Photos Of Barbie Dolls in Old Fashioned Kitchen Appliances Were Parodies
Photographs the showed Mattel Inc.’s Barbie dolls placed next to vintage kitchen appliances amounted to parodies of old fashioned ideas and Free Speech protected by the First Amendment. The photographs do not violate Mattel’s copyrights or trademarks, according to a three-judge panel of the U. S. Court of Appeals for the Ninth Circuit. (Mattel Inc. v. Walking Mountain Productions, 9th Cir.).

Verizon Does Not Need to Disclose Internet Service Subscriber Identities
Subsection 512(h) of the Digital Millennium Copyright Act (DMCA) does not require an Internet service provider (ISP), that serves “solely as a conduit for communications,” to comply with a subpoena issued for purposes of learning the identity of its subscriber list. This ruling came as a major blue to the Recording Industry of America in its witchhunt to prosecute individuals who downloaded music off the Internet without paying for it. First, the D.C. Circuit is widely regarded as one of the most influential circuits, along with the Ninth Circuit, in the U.S. Courts of Appeal - almost like a mini-U.S. Supreme Court in terms of its finality. Second, without the power the subpoena individual subscriber lists, the witchhunt prosecution of individuals and that threat was effectively brought to a standstill. (Recording Industry Association of America Inc. v. Verizon Internet Services Inc., No. 03-7015, D.C. Cir.).

General Motors Granted New Trial In Case That Led To $82 Million Verdict
A divided 4-3 majority of the Alabama Supreme Court has granted General Motors a new trial after finding several jury selection irregularities that may have contributed to an $82 million verdict against it. But the court rebuffed the company’s request for judgment as a matter of law (JMOL). (General Motors Corp. v. Wilbert Jernigan, individually and as father and next friend of Jeffrey Jernigan, a minor child, No. 1020069, Ala. Sup. Ct.)

Oregon Jury Orders Insurer To Pay $9.5 Million For Claims Fraud
An Oregon jury on Dec. 5 ordered Farmers Insurance Co. to pay $9.5 million to policyholders who accused the insurer of defrauding them by reducing payments for their medical expenses after auto accidents (Mark Strawn v. Farmers Insurance Company of Oregon, et al., No. 9908-09080, Ore. Cir., Multnomah Co.).

Class Action Lawsuit for Overtime Pay Against Computer Sciences Corporation

Lieff, Cabraser, Heimann & Bernstein, LLP, Lewis & Feinberg, PC, and Rudy, Exelrod & Zieff, LLP, have expanded their federal class action lawsuit against Computer Sciences Corporation. The amended class action seeks overtime pay on behalf of current and former technical support workers who install and/or maintain computer software and hardware for global IT conglomerate Computer Sciences Corporation (”CSC”) in seven states, including Connecticut. Identified by Business Week (December 8, 2003) as a lawsuit that “could change the tech industry,” the class action lawsuit charges that the company has a common practice of refusing to pay overtime compensation to its technical support workers in violation of the Federal Fair Labor Standards Act and state wage and hour laws. The lawsuit, entitled Giannetto, et al. v. Computer Sciences Corporation, has been filed in federal district court in Los Angeles. “You cannot avoid paying overtime wages by providing a fancy sounding title to workers who are entitled to overtime pay under the law,” stated Steven G. Zieff, a partner with Rudy, Exelrod & Zieff.

Dr. Michael A. S. Guth, Ph.D., J.D., is a legal brief writer and law newspaper Editor-in-Chief. He writes a variety of articles on constitutional law, elder care, consumer credit card debt, appellate court term reviews, and law and society. See http://riskmgmt.biz/ for an introduction to his legal work, and http://riskmgmt.biz/lawarticles.htm for a listing of many of his articles. Dr. Guth writes legal articles and briefs for other law firms, and he assists pro se parties (those without a lawyer) in preparing documents they can file in court such as motions pertaining to child custody, visitation interference, and child support defense.

The advent of e-commerce means of trading has accelerated the trend for business records to be held electronically. Keeping in view with change in method of trading, the central board of revenue has made the legal requirement for business for tax reasons that if they wish to store record electronically they have to seek specific permission from taxing authorities for doing so. The approval is given subject to conditions specified by Central board of Revenue. Indeed, it is possible that some traders without fulfilling the legal requirement may be already storing records electronically without CBR approval. In current conditions the need for CBR approval is must for the storage of records electronically and it may become outmoded of those records which are kept at remote server or out taxing jurisdiction. For effect tax administration and removal of record keeping requirements, processes and methodology of auditing used to store records electronically, Central board of revenue should promulgate acceptable standards of electronic record keeping for tax purposes. Legislation is urgently required to effect the change has means of transaction by advancement of technology should be considered urgently.

Electronic commerce and the abuse of Data

Does electronic commerce pose threat to the fair record keeping requirement? Personal databases of customer information allow businesses to abuse their database to evade the taxation. Problems are further aggravated when that company chooses to share the data with someone to whom they are not falling under tax jurisdiction of Pakistan or kept are remote server. We cannot say that misuse and tampering of personal and companies’ record keeping are not something that is limited to electronic commerce. A current phobia about electronic commerce record keeping requirement is international issue for international taxing authorities. When we more probe into matter of e-records, a question cross our mind, why should information or the online trading of web sites regarding buying preferences be treated so differently? The disturbing fact about buyers is that they have been designed to operate without the user knowing that they are subject to imposition of taxation, they are there thus, could be said to be the tax payers.

The database of record as kept in cookies is tiny pieces of data which are sent by web servers and which can be placed on the user’s system for later retrieval. These cookies are used without any intention of misuse or tempering of record. There are various methods are used to find out if a visitor to a web site has been there before and thus show customized information. However, cookies placed viewer computer with malicious JavaScript or other code or may be designed in such a way as to temper or misuse the database to transaction and to hide the source of transaction for taxing authorities. These cookies can be disabled, but this has implications for interaction with the web site allowing them to hide the main streams of data base of web site.

If taxing authorities do not have control over the collection and auditing of the personal or company’s data base, then electronic commerce will facilitate the evasion of taxation. Although, several methods are used for tempering the database and to combat these trends CBR need to advance administrative power.

Hosting of database in remote Server

The record can be hosting at any jurisdiction, and application of retention and maintenance of record often arise legal issues which could only solved according prevailing laws of the web hosting sites.

The sale tax only make it compulsory for the maintenance of the record at the business premises or registered place in Pakistan of all records of sellable transaction as provision of sale tax runs as follows;

“A registered person making taxable supplies shall maintain and keep at his business premises or registered office in English or Urdu language the following records of goods purchased and supplies made by him or by his agent acting on his behalf in such form and manner as would permit ready ascertainment of his tax liability during a tax period. “

But there is no specific statutory provisions are available for defining issues mentioned above.

Lack of legislative embodiment of record keeping

There must be appropriate legislation embodiment for record keeping and maintenance of the record of web server, if the construction of statutory are not available that could provide ample opportunity for the tax payer to avoid the taxes.

The record keeping in electronic record only kept in net place within the premises of the business that can be easily accessible by the tax officer but real issue arise for ascertaining the taxable record of the sellable goods hosted in remote web server, Just look at provision of sale tax act,

“…The Board may, by notification in the Official Gazette, specify for any class of taxable persons registered under this Act to use such electronic fiscal cash registers as are approved by the Board in the manner as may be prescribed .”

There is liberal construction of the statutory provision of sale tax in subsection (3) in which it has confirmed the power to CBR to prescribe in such form and manner for keeping electronic data, “where a person who is required to maintain records under this Act may keep the record on electronic data in such form and manner as may be approved by the Board .”
This construction of statute can not meet the legislative requirement for keeping record of remote server; here must be specific rules for keeping the records as to avoid legal issue of collection taxes.

Retention and destruction of Electronic Records

There must be substantive provision, which could frame time and limitation in which the electronic record could be kept. Although the electronic records can be kept for more than one form but the application of the substantive provisions for the retention of record are difficult to implement.

The production of electronic record for adjudication

There are legal stands in the way for justice adjudication of legal issues is production of record before the courts, the way these records can be placed and who is going to certify the electronic record? The legislative construction of statute must provide the legal framework for resolving these legal issues so that just adjudication can be pronounced for settlement of e-records disputes.

Authentication of database

There must be some authority which could certify the record kept by the tax payer, the establishment of authenticated authority is an essential for authentication and verification of records, no certification body has not yet established, although it has been proposed in Electronic Transaction ordinance 2002.

Standard for maintenance of records

The must be minimum standard for the protection of records, the types of software used should be used? What type of measures should be taken for maintenance and destruction of e- records? The standards of liable must also be described in appropriate form so that the records can be kept appropriate electronic forms.

The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. He is a self employed and pioneer in research on electronic commerce taxation in Pakistan. His articles were published widely in the critical areas of cyber crimes, electronic commerce, e-taxation and various other topics. He wrote LL.M thesis on titled “Legislation of electronic commerce taxation in Pakistan” in which he provided comprehensive legal proposals for statutory reconstruction of tax laws for purpose of imposition of taxation on e-business in Pakistan. Currently he is conducting is research on topic ‘Electronic commerce taxation: emerging legal issues of digital evidence’.