Posts made in August 2014

Nine Jobs You Can Do With A Law Degree

By: Renee Sylvestre Williams

A law degree doesn’t guarantee that you’ll have a career in law. It does guarantee you will have a degree and most likely a student loan.

In North America, there seems to be a glut of lawyers. Earlier this year, New York Supreme Court judge Melvin J. Schweitzer ruled that lawyers couldn’t sue their schoolsfor marketing the field as a viable source of employment.

In Canada, the Globe and Mail looked at the issue of too many law students and not enough articling positions in the big firms. Continue reading

Bizarre Driving Laws – North Carolina

  • Officials in Dunn, North Carolina, apparently harbor no faith in the intuitive powers of common sense:
      • First, they have made it illegal to play in traffic. So if you’re a parent make sure your kids play Candyland on the floor of a living room rather than on the asphalt of a passing lane.
      • Second, it is illegal to drive through a cemetery if you’re not there to dig a grave or bury someone. So if you intend to visit the grave of a loved one bring really powerful binoculars and a ladder for accessing the roof of your vehicle while parked outside the cemetery.
      • And third, even if you are considerate enough to yell “On your left,” officials still deem it illegal to drive on sidewalks.

Bizarre Driving Laws – California

  • No matter how luxuriously comfortable that divided highway may look, it is illegal in Eureka, California, to use a road as a bed.
  • In order to save money on having to crop dust their streets, officials in Chico, California, have made it illegal to plant rutabagas in roadways.
  • Officials in Glendale, California, no doubt, caved in to insurance lobbyists when they inexplicably decided to make it illegal to jump from a car at 65 mph.
  • Don’t expect to find any salt-rimmed curbs in Hermosa Beach, California. Officials there have made it illegal to spill your Margarita on any street.

What is the difference between procedural and substantive law?

Procedural law provides the process that a case will go through (whether it goes to trial or not). The procedural law determines how a proceeding concerning the enforcement of substantive law will occur. Substantive law defines how the facts in the case will be handled, as well as how the crime is to be charged. In essence, it deals with the substance of the matter. Even though both are affected by Supreme Court opinions and subject to constitutional interpretations, each serves a different function in the criminal justice system. Continue reading

Intellectual Property in Italy

 

The main law regarding the intellectual property rights in Italy is the Industrial Property Code that includes the major elements from the European and international legislation. The Italian Code contains regulations related to trade marks, patents, inventions, models, designs etc.

Trade marks

According to this law, a trade mark is a distinctive element of a product or service and its main objective is to identify the company that produces/ sells that product/service. A registered trade mark is protected by the Italian law against any form of usage without the consent of the owner. The registration is made for ten years and can be renewed for the same period whenever the owner wants to. Continue reading

How to Fire Employees Legally

By: Laura Strachan Esq.

The corner office with a view, the premier parking spot, the bigger paycheck … being a boss is the life. Except when it comes to firing employees. The inevitably uncomfortable conversation is an often dreaded aspect of being in a position of power, and one that almost every employer is confronted with at one time or another.

More than coming up with the right words to say, there are some major considerations every employer should also familiarize themselves with to ensure that they are firing or laying off employees legally. Here are some tips for keeping things legal….

Continue reading

Can you inherit your dead parent’s debts?

By: Jeanne Sahadi

For adult children, the death of a parent is a fraught experience. Adding to the stress: the unwelcome surprise that Mom or Dad died with big debts.

Who is on the hook to pay them?

Unless you cosigned one of your parent’s loans or accounts, it’s usually the estate, not you.

Usually. Not always. The rules are complex and differ depending on the type of debt and where your parent lived.

Creditors typically have a fixed period of time — usually between two and six months — to make claims against your parent’s estate.

If there’s not enough money to cover the debt, in many instances “[your parents’] debt will die with them,” said certified financial planner Mari Adam of Adam Financial Associates. Continue reading

You Have The Right To Remain Silent (WARNING: May Not Apply In California)

By: Ian Millhiser

Richard Tom is not a sympathetic individual. On an evening in 2007, Tom drove his Mercedes into a car carrying Loraine Wong and her two daughters. Wong’s eight year-old daughter was killed. Her ten year-old daughter was seriously injured. Tom was almost certainly driving well over the speed limit at the time of the collision. He may have been legally drunk. Continue reading

Beating a Speeding Ticket in Court: How a Lawyer Does It

This simple refresher from your eighth grade math class tells you almost everything you need to know to cross-examine a police officer regarding visual estimation: Rate x Time = Distance. If you know the time and distance variables, then you can tell precisely the rate of speed of an object. This can be used in court and successfully avoid paying speeding ticket fines. More on how to fight speeding ticket in court later.

In order to beat a speeding ticket in court, there are several points in the police officers case that can be defeated. Below, I will discuss how an experienced traffic ticket attorney will likely argue each point, in an effort to find just one weakness. If any part of the officers testimony can be found to be inaccurate, the case will likely be dismissed. Continue reading