Sunday, August 8, 2010

Mark Cella A Bit About Common Law

By Mark Cella

Mark Cella a Bit About Common Law

Common Law in the USA is the Ghost of English Feudalism. America is Thought to be Based on a Fair Legal System but the Tyranny of Old England Lives on in Our Laws Today.

Common law in the USA is the injustice of the legal system that guards property for the banking mafia. Despite the Founding Fathers having sought a systemic change to get out from under the oppressive reign of the English crown, injustice lives on today.

In the 21st Century, this is still the case. US law in the new millennium is still based on common law from pre-colonial England.

Some of the essence of laws considered to be sacred in the United States actually date back to feudalist England in the 12th Century as is explored by S.F.C. Milsom of Cambridge University in his 2003 book, Historical Foundations of the Common Law and Legal Framework of English Feudalism.

Mark Cella What About Common Law?

These laws were 'discovered' in feudal courts onward based on arguments and the practical decisions of judges in a trial and error basis. In other words, in the US today, the legal system is based, in part, on what the feudal lords and later the Englishmen convinced judges based on the individual interests of accused and plaintiffs at the time.

This contradicts the idea that the modern legal system is based on the common good or on improving society; it is based on a literal trial and error process that began in the 12th Century with the signing of the Magna Carta, where the basic but limited notion of freedom first appears.

The defense of property and the rights of property as a fundamental principle, outweighed any implicit rights for human beings.

From then onwards, common law in the USA and other laws continued to be developed in a process of expanding the rights of defending individual property and the rights of property holders. Thus, naturally evolving over time into the laws of the modern US capitalist society.

Mark Cella What About Common Law?

The common law system of judges ruling based on custom, or legal precedent has evolved in the United States. Common Law in the USA has been mingled and mixed with a system of equity law over the past two centuries.

Equity Law also comes from England where it was created by the Crown in order to address matters not covered under existing common law. It seeks equity or justice through a set of principles and codes. Common Law in the US also lives alongside a set of codes and principles that are theoretically aimed at leveling the playing field and protecting the weakest.

However, even in a mixed system, the court's prerogative to stick with custom rather than set precedent in most cases means that common law, which privileges the propertied, usually wins out over laws having to do with moral imperatives and the concept of justice.

This concept, justice, is an abstract concept; yet it is primordial to any society that truly seeks to promote an equality of freedoms.

Mark Cella What About Common Law?

A series of documents, which on the whole are referred to as the 'Freedom Charter,' laid the basis for the foundation of the United States. These documents, drafted and signed by the founding fathers that led the movement to secede from England, are the Declaration of Independence the US Constitution and the Bill of Rights (the first amendments to the US Constitution).

The first of these documents discussed certain inalienable rights of equality that it considered self-evident. The second document laid out the three branch government and its functions, clearly seeking to place greater power, that of making law in the most representative of those branches, the U.S. Congress.

The third was the judicial system, charged with interpreting the law. The third, and no less important of the documents, provided for a number of basic rights of citizens intended to guarantee against dictatorship and protect citizens from the whims of the State overstepping its power.

Mark Cella a Bit About Common Law

Common Law in the USA, as in England, has always evolved to meet new circumstances. But a legal system based in custom or in past behavior can also be an obstacle to change and improving society.

The new society that the founding fathers sought to create based on representation, freedom and equality was stillborn on the American Continent. It was held back by a legal system based in the protection of property.

Today, for real change to occur, common law in the USA does not hold the solution. A new legal system based on the future must be created to eliminate the ghost of English feudalism that plagues the American judicial system that only protects the dominant economic order.

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Saturday, August 7, 2010

What Kind Of Insurance Policy Should A Sash Window Restoration Business Have

By James Carlton

If you want to open a window restoration company then you should consider what type of insurance policy should a sash window restoration company have. Even if you are the only person in your start up company, you should get an insurance. This can offer you protection in case of liabilities.

There are four fundamental insurance coverages which a firm must provide. These include: workers compensation, auto insurance, casualty or property coverage and general liability coverage.

Worker compensation insurance pays for salaries that an employee loses if he sustains injuries while accomplishing work. This also pays for medical expenses that the injured worker must pay. This insurance is required by law in all of the 50 states. The insurance has two aspects. First part pays for the medical expenses and salaries lost by employee. Second covers the employer in case the employee files a case against them. You can have a third, optional coverage which pays for practices liability including sexual harassment cases.

Company owners at times are not part of the insurance coverage. You should see if this is the case before you buy the coverage. If you are not insured then you will not enjoy benefits if you incur injuries while working.

If you want to pay lesser premium then maintain an excellent safety record in your company. Stick to the guidelines delineated by Occupational Health and Safety Administration for safety. Job classifications are important also. The level of risk for each position will determine the insurance coverage ratings.

Proper classification of all jobs will cut your insurance expenses. The risk of injury while in the workplace is a factor in the insurance agencies ratings.

General liability insurance covers the company from accidents and injuries within the premises. For a window sash company that installs sash windows in thousands of homes, general liability will cover claims for any damage that happens while installation is being done. You can add policies to augment your current coverage. For instance, you can add coverage on errors and omissions. The firm is protected if a sash window company omitted something.

Car Insurance. This is vital if you use cars in the company. To lower your premium payments, increase the deductibles. However, be ready to pay for the deductibles if accidents arise.

Property/Casualty. It is a good idea to get an all-risks insurance. This way you have coverage in all fortuitous events like fire, hailstorm or bombings. You should consider these coverages when you decide what type of insurance policy should a sash window restoration company have.

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Trace Cell Phone Numbers - Alternative Methods

By Roger Phillips

If you think that it is very hard to trace cell phone numbers, then you need to know that you are largely mistaken. However, this does not also mean that it is very simple to do so. This is because there is really no conventional means so that you can access these kinds of records. As you already know, the different telecommunications companies and carriers are not really obliged to enter their data in any public directory.

However, even if this task is not that easy, it is still very important that you know how to trace cell phone numbers. This is true especially if you are always being menaced by some prank caller. This can also be very beneficial if you want to locate your long lost friend or relative.

But if you are really clueless as to how to trace cell phone numbers, you might just be tempted to hire a private investigator. This way, you will no longer have to worry about anything because they are already used to these kinds of things. But if you are going to think about it, you should know that this approach is actually very impractical.

So if you want to effectively accomplish this task, you just need to look for a reverse look up tool in the internet. With the help of these tools, you can easily track any call that you receive. You just need to type the digits and results will be immediately pulled out for you.

This reverse look up tool is very informative as it can provide you with relevant information about a caller. It can tell you about his full name, address, date of birth, civil status, and a whole lot more. There are also those that are very detailed as they can also provide you with information such as employment history and even police records.

But if you are going to use these kinds of sites, you have to be cetin that the database is very extensive. As much as possible, they should cover the whole United States including to those new subscribers.

There are actually some sites that will allow you to trace cell phone numbers for free. However, it is still much better if you are going to use a premium portal because it is safe, more effective and efficient.

So if you want to trace cell phone numbers, you have to make sure that you are using a very effective reverse look up tool.

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How Do Medical Negligence Solicitors Help Victims Claim Compensation?

By Clare Westwood

If you have been the subject of an instance of medical negligence then it is important to realise that there are many options open to you. Discussing your case with an experienced legal representative is a good place to start.

The job role of a medical negligence solicitor is to represent a client who has suffered due to the negligence of a doctor. Medical negligence can mean a misdiagnosis or a negligent act surrounding treatment, medication or many other things. Due to the importance of medical negligence laws being upheld there are always new and influential cases that require professional assistance. Making sure people get the correct level of compensation when they have suffered due to the negligence of others can be a very rewarding job.

Medical negligence solicitors are usually very busy and often work in the field of personal injury as well.

The medical negligence industry as a whole is worth an estimated 15 billion each year to the NHS. Getting the correct level of compensation for people who have been treated unfairly is the main aim for medical negligence professionals.

If you have been the victim of an act of medical negligence it is important that you receive legal advice as soon as possible. Compensation for medical negligence often includes the following; loss of past and future earnings, care costs for the past and future, any medical expenses, pain and suffering and psychological distress, loss of legal expenses, loss of amenities life and any reduction to employment prospects.

Often cases of medical negligence are pursued in a no-win-no-fee agreement. This means that you do not pay anything unless your case is successful. If your case is successful you will be required to pay an amount of your compensation to the lawyer acting on your behalf.

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Thursday, August 5, 2010

Conventional Cars Vs Hybrid Cars

By Colin Jones

Today, the question on everybody's mind is, what is the real difference between a hybrid car and a conventional vehicle? They suppose that there has to be some good reason why people are debating whether hybrid cars are worth the money and checking their wallets and bank accounts to see if they can afford to buy a hybrid car.

There must be a good reason why some other people wouldn't dream of spending their the money on a hybrid car because they feel their conventional car gets them to wherever they need to go well enough. Here are some of the reasons why someone might choose a conventional car over a hybrid car.

Hybrid cars are more expensive than conventional cars: because hybrid cars have a complex internal design, they do still have a pretty hefty price tag. On the other hand, conventional cars, which have gotten more efficient in design as the years have gone on, are quite affordable these days. Many people are selling their old conventional cars in favour of newer, more efficient versions.

In fact, they are so inefficient, in comparison, that some people even give their old cars away. However, since a large percentage of the general populace has never owned a hybrid, there aren't many people selling used hybrid cars yet. Therefore, a person looking to buy a hybrid would probably have to purchase a new one from a car dealership.

Both a hybrid car and a conventional car use a similar type of battery: a hybrid car and a conventional car both make use of lead-acid batteries that have enough power to turn a small electric motor. These batteries are what you call "gear reduced". That means that they can turn over this electric motor at approximately 300 rpms. Torque is generated to turn over the engine and the entire process is what starts the main petrol or diesel engine.

But even though a hybrid car uses a lead-acid battery, the battery it uses to drive the car's electric engine is constructed differently. This kind of battery is known as a 'deep cycle battery' and it can be compared to the batteries that are used to power electric fork-lift trucks, milk floats or golf carts.

That's the main difference between a hybrid car and a conventional car. One person could choose a hybrid car because it makes them feel more secure. For example, if a person buys a hybrid car, they can feel secure because their car will be less likely to run out of fuel. Another person might choose a conventional car because the cost of gas doesn't really bother them that much at all.

Furthermore, a conventional car provides security as well. With a conventional car, a person can be assured that they will always be able go to a scrapyard, when they need to and find old parts for their car. On the other hand, those with a hybrid car might have to pay some pretty pricey repair receipts if something goes wrong.

However, the final decision is all yours. There are risks involved with both types of cars. But those who like to try out new things might just consider splurging out on a hybrid car.

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Wednesday, August 4, 2010

New Study: Is Divorce Contagious?

By Clare Westwood

Many discussions have been held recently discussing the theory that getting divorced is actually contagious. Divorces happening later in life seem to be echoing the trend the most.

Figures show that people who are aged 55 and over are now getting divorced more than ever- despite national figures beginning to fall slightly. Around one fifth of divorces occur in couples who have been married for over twenty years in total.

According to the latest figures the main reason why women file for divorce is simply due to no longer feeling satisfied within the relationship whereas men tend to be filing for divorce mainly due to better prospects being made open to them. Around two thirds of all divorces in later life are filed for by women.

Around three quarters of people who initiate late life divorce were pleased they had done so afterwards. As people are generally living longer the idea of settling for second best is becoming less acceptable. People want more out of their marriage now and they expect more from their partners too.

Many people have thought that at some time or another it has felt like everyone around them is divorcing although not until now has there been any scientific explanation to back up the theory. Scientists have recently concluded that when a divorce occurs in a family it often opens the doors to more within the family.

Friends are the most common group to fall into the contagious divorce trap. When a close friend divorces she or he may well talk of the benefits of doing so prompting so called 'grass is greener' ideas. Co-workers have been named as the second most common group.

The best relationship advice available to older couples seems to be- keeping communication levels good as well as making plenty of time for one another. Trying new hobbies and visiting new places is said to help keep relationships fresh and happy.

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Educate Yourself About Personal Injury Claims

By Michael Turner

When it comes to atonement for some unfortunate mishaps, a personal injury lawyer can be of great assistance.

Knowing how the law pertains to your situation is crucial, and a lawyer can help you with this. Though compensation and personal injury laws are similar, they can both be addressed in broad terms. However, each individual's case is unique, and a personal injury lawyer will know specifically how to deal with your situation.

When a lawyer indicates that they specialize in a particular area of practice, this does not imply that there is a specific board or agency who has authorized this person to serve as a qualified expert. Anyone who is seeking out a lawyer needs to investigate their options and evaluate the qualifications of the lawyer that they are interested in. Determining the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise.

Let's take the example of injuring your knee while working, end up having surgery, and it results in permanent restrictions. Due to the limitations put on your job duties, your boss fires you, even though you've given him/her 22 years of service. Moreover, your physician tells you your knee has suffered a 20% loss.

The insurance company tells you that you will receive 44weeks of workers? compensation benefits. However, is this really all you are entitled to? Firstly, you should consult with an experienced and knowledgeable workers? compensation attorney because there may be other factors allowing for greater compensation.

A knee injury has specific parameters for payment allowance. This means that your knee injury would be paid a maximum of 220 weeks. Therefore the determination of 20 percent loss in the knee function translates to the same percentage of 220 weeks, or 44.

It is important to remember that you have a right to a second opinion. If your injury has had a greater impact on our life, for example if you are suffering from depression, a greater award may be owed. Should your back injury offshoot into other physical complications, you may be entitled to still greater compensation.

If there is also an older injury to another part of your body that would be considered "scheduled," including an arm, hand, foot, leg or knee you might be eligible for a Second Injury Fund claim and more benefits. You'd be wise not to take the insurance company's information at face value. A competent worker's compensation lawyer will be aware of all the mitigating factors that could mean a bigger settlement for you.

You may be wondering why employers persist in manufacturing reasons why they are not at fault, when it seems obvious to everyone else that they are in the wrong. The insurance companies expend a tremendous amount of effort to perpetuate the idea that most personal injury cases are simply a waste of time for the court system, because they are bogus.

Unfortunately, the insurance defense industry has been successful in perpetuating this myth in the minds of many potential jurors. Your jury has effectively been brainwashed by the insurance defense industry to automatically disbelieve claims made by injured parties.

And now the industry paid for defending insurance companies has reached the conclusion that they can trot out any ridiculous claims to exempt their clients from responsibility. Many jurors assume, due to their conditioning, that an injured party who files a lawsuit is just doing it to get some easy money. This problem is most prominent when the plaintiff's injury is not obvious or visible, for example, a back injury in a soft tissue area.

It is appropriate that the jury enter the case with an unbiased opinion. However, to be totally impartial and fair the jury needs to use that same level of skepticism to all of the purported defenses concerning the claim. Of course, our legal system entitles both complainants and defendants to be heard by a fair and impartial jury.

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