Free Consultations for the Personal Injury Law

Any person who becomes involved in an accident and other similar situations should take the initiative to familiarize him or herself with the personal injury law. Disastrous occurrences have grown to become one of the leading reasons behind accidental injuries and there are instances when these injuries are even deadly. Unlawful acts towards someone can cause the person harm in terms of physical injury and the like and so the article aims to inform people about occurrences like these.

Human rights and the fulfillment of such rights are at the center of the civil law referred to as the personal injury law. When a person acts unlawfully and causes another person serious injuries, the latter can definitely sue the former for compensation settlements for the injuries sustained. People can be charged with liability claims under this ruling when the cause of the pain and suffering is an item or an action which the former is responsible for.

People who are the victims in a case of personal injury law are called by the legal term plaintiff as the complaints are being addressed. When a victim is not present on account of being fatally injured, his or her family then serves as the plaintiffs for the particular case. The people who have acted leading to the events of injuries for the victims are referred to as the defendants in the legal case.

Following the rules under the personal injury law a victim can easily win compensation if he or she has a highly qualified attorney by his or her side. When the lawyers of plaintiffs have strong evidence against the liable party the latter experiences the burden of being proven guilty. Best be sure to get the services of lawyers experienced in personal injury trials to ensure that those responsible will pay the price due their victims.

When it comes to personal injury law, a good case can easily be established in court considering that all primary elements are in their place. Two things need to be settled first and these are in relation to the extent of the liability of the person as well as how much damage was caused by their actions. Basically, the people need to know what caused an accident to happen or what the reason is behind the injuries or damages as well as how responsible is the defendant for what happened.

Many things will need to be considered through the legal process as stated in the personal injury law before the worth of all claims filed in court can be determined. The basis for these values for settlements primarily comes from the extent of damages that resulted from an accident including compensation for pain and suffering. A victim can usually incur expenses inclusive of medical and hospitalization bills, loss of income and employment due to the inability to work, as well as pain and suffering for some.

Pain and suffering can be compensated well if a victim chooses to apply the rulings under the personal injury law. Basic human rights are possessed by people and these should not be violated in any way regardless of power and societal differences. When applied the law can provide people with the knowledge of what needs to be done in order to assure that the human rights of their fellow men are not taken away from these people.

Every person should be mindful that any form of negligence can cause significant problems to people. People should immediately handle all concerns with regards to the personal injury law because they only have a limited time allowed to pursue claims. After this allotted time period, claims would be more difficult to pursue.

The protection of human rights is made possible by the personal injury law wherein wrongful acts against other people are not taken lightly especially when significant harm is caused. To know more about the ruling and the extent of claims that may be filed a person is encouraged to seek out legal counsel. Having adequate experience in such cases are important factors to consider for the lawyers to be hired.

Operate Your Tree Truck In Accordance with the Law!

It is vital to know and understand the laws and regulations that exist to ensure the safe transportation of logs on the road. Every logging truck operator must be familiar with the laws by which every heavy-duty truck driver must abide that cover the hauling of heavy loads. Driving commercial vehicles that carry loads weighing thousands of pounds is a powerful force that can put the operator and others at risk.

This is the reason why heavy-duty hauling rules and regulations were created: to maintain safety and a proper flow of traffic on crowded streets and busy highways. Those people who own and operate any tree truck must be familiar with and abide by pertinent local, state and federal rules and regulations regarding the hauling and the transportation of logs on public highways.

Right-of-Way

By most traffic rules and regulations, those operating a tree truck are entitled to the right-of-way depending on the rules governing each individual highway; however, this is not an absolute right. Therefore, it should be exercised in a rational manner giving full consideration to the safety of other drivers who could be directly involved. Failure to yield the right-of-way to other vehicles may result in an accident due to the actions of the truck driver which could involve liability issues relating to property damage and injury which could ultimately result in fines.

Truck Maximum Length

The U.S. Department of Transportation regulation states that the logging industry must use crib tree trucks to transport lumber; the maximum allowable length of the cut trees can be 70 to 75 feet if there are additional safety devices added to both ends. Additionally, the regulation stipulates that trailer combination should not exceed 65 feet, except when the transporting device is designed to transport lumber.

In addition, tree truck operators are not allowed to drive transport trucks unless the logs they are transporting are secured with chains, sideboards, stakes, front and rear head boards, front gates and end gates that are powerful enough to hold the load in place and prevent it from shifting or falling from the truck. The side of the hauling truck should have a minimum of two stakes on both sides.

Weight Limit

There are certain weight limits when lumber is being transported on federal highways. Check with the Department of Transportation for the allowable weight limits regarding the transportation of logs on public roads. If necessary, hauling permits should be obtained before transporting logs to the processing plant.

The government regulates heavy hauling on public roads to decrease the damage to the entire roadway system. The House of Representatives boosted the trucking industry by passing the United States Code called Safe and Efficient Transport Act of 2011 (HR-763) which allows the weight of the truck on public roads to be from 80,000 pounds to 97,000 pounds.

Speed Limit

The U.S. Department of Transportation states that truck drivers are expected to abide by the speed limits posted by the local, state or federal government. Drivers are encouraged to remain within the stated highway speed limits to maintain safety at all times and to be in compliance with the speed limit.

Equipment Inspection

The Federal Motor Carrier Safety Administration (FMCSA) 392.7.a.b states that all drivers must inspect the truck before operation and ensure that the vehicle is in good working condition. The driver must not operate the vehicle unless the service and parking brakes, steering wheel, lighting devices, tires, horn, windshield wipers and mirrors are in good working condition. Failure to conform to these provisions may result in punishment by law.

Employers and employees of trucking services must abide by certain laws and regulations for the safe transportation of logs on the road. Tree truck operators must be aware of the heavy hauling regulations in the area where their trucks will be driven since laws may vary from state to state. Above all, to avoid unwanted fines and criminal charges, drivers must operate their tree trucks in accordance with the law!

Difficulties In Legal Translation

Legal Translation combines the creativity required in literary translation with the precise terminology of technical translation. Difficulties may arise due to various reasons like differences in legal systems followed in the countries where the source and the target languages are spoken, explicit nature of legal language etc. Hence there is need to approach professional
translation service providers when legal documents are required to be translated.
Legal terminology by its very nature is subject to incongruity. Legal terms have basis in country specific national legislation. The latter is a product of historical experiences and hence carries certain degree of regional asymmetry. The incongruity varies from near conceptual equivalence to complete voids. This poses a great challenge to accurate translation of legal documents. Since many source language expressions may not have precise equivalents in the target language and literal translations may not make sense, sometimes the original expression is reproduced after paraphrasing it. A translators note is usually appended in such cases.
Persons doing legal
translation need to have extensive linguistic training and knowledge of the source language. They also must be native speakers of the target language having thorough understanding of the vocabulary and syntactic structures of the language. They must have understanding of the local culture and knowledge of the legal system. They must be experienced in the legal field (novices wont do) and preferably possess certification by an accreditation organization.
The translators must have access to all legal resources like legal dictionaries, online databases, libraries, journals etc. These will be required to supplement their knowledge gained through experience in order to create translations that are legally valid in the target country. The translations must preserve the terminology, syntactical patterns and nuances of law from the originals. Reputed translation agencies make such resources available to their translators.
Another difficulty in legal translation unlike other forms of translation is certification. It is usually required when documents like birth / death certificates, immigration papers, college transcripts, police clearances, marriage licenses, divorce decrees and the like are submitted in foreign countries for acceptance by courts and other institutions as legal record. The translator or the proofreader will usually be required to affix his/her signature in the presence of a Notary Public attesting to the accuracy of the translated document.
The recent growth in international trade and increased globalization has led to rising demand for legal translation services worldwide. Opportunities exist in translating documents in various source-target language combinations. They are both challenging as well as rewarding. Persons having knowledge of international law as well as proficiency in more than one language would be ideal candidates to undertake such assignments.

Get Excellent Legal Representation by Employing a professional and Trustworthy Employment Lawyer

There are great chances in New York; people with the right mindset and expertise can even make their life successful in this city. The competition in this city is tight, but individuals take it positively and make all the effort to do a lot more. On the other hand, the Big Apple is also a place where legal battles are fought each day. Litigations concerning employment issues are popular, and in a situation like this, having the help of a dependable employment attorney is very important./p>

Employment-related issues could have an effect on big companies. This is the main reason why their group of lawyers is always willing to deal with staff at court. Like the companies, the law also says that it is employees? right to protect themselves throughout court proceedings. employment attorneys NYC are necessary. You’ll need their services when your employer violates your rights. During times of work-related problems, the employee should take legal action immediately. This is because delaying legal action will just hinder the probability of winning the case.

Individuals commit mistakes in thinking they only require employment attorneys at times when a lawsuit should be filed. Be aware that submitting a lawsuit won’t just get you spend too much money but also take your time and it is emotionally-draining too. This is the reason exactly why disputes must be fixed initially through in and out court negotiations with your employer. For the most part, this helps avoid a full-blown legal battle to take place. A New York employment attorney will search for a way to maintain your advantage during the negotiation. In addition to that, he or she will also help you all the way.

If you think there is already a predictable result on the negotiation and it will lead to a lawsuit, then it would be better for you to prepare and see to it that there is an employment attorney to help you. Absolutely, employment laws change over time and they are hard to deal with. Traps and loopholes are common in law. Once you make a false step, your chances in winning the case will fall. For that reason, make it certain that your lawyer is specializing in employment and civil litigation law, for you to get the problem solved effectively. When searching for a good NYC employment attorney, it is far better to work together with those who are experienced and reliable in offering edge to a client?s case.

Small businesses and non-profit organizations usually employ the services of Employment lawyers NYC due to their extensive knowledge on employment laws. With the help of these experts, business people can abide properly in all New York?s policies for employment. Whatever the size of the company, employers need to meet security standards and their other responsibilities. Additionally, to make sure there are no violations of the employment laws, companies can also hire the services of employment attorneys to make a draft regarding the company regulations.

Like most people, you probably don?t know where to begin or what action should you carry out first. The good news is, you can contact New York employment attorneys for consultation. Upon talking to them, tell them all facts so they are able to give excellent legal representation. The employment lawyer that will deal with your case will work closely with you in creating legal methods that is tailored to assist meet your goals.

You will be able to find Employment Lawyers Nyc in various ways. The most significant thing is to continue to enhance your knowledge. To get a more descriptive and detailed information, better visit on http://www.youngandma.com.

Read This Before You Buy Legal Buds, Legal Highs And Legal Weeds…

Do you enjoy treating yourself to Marijuana Sativa strains such as Big Mother Sativa, Brazilian Manga Rosa Santa Maria, Colombian Gold, Mexican Oaxacan, Paraguayan, Chocolate Thai, Paraguayan? Or perhaps you enjoy getting your buzz from Marijuana Indica strains such as Afghani #1, Mad Shad, Landrace? These are all wonderful strains, definitely! However for today we’ll be talking about legal weeds instead which you may become interested in trying out at some point in the near future.

These oversized herbal smokes have received the most positive testimonials and results, so much so that long-time customers have acknowledged these to be highly satisfying herbal smokes in the industry. There are many other brands ofc ourse from other herbal high outfits who can also provide the same-equal high quality legal buds to the prospective inviduals.
The well known headshops of these exotic products who sell online retails but also wholesale are: herbalsmokeshop, everyonedoesit, grasscity etc., which we shall be reviewing on the next letters. For now let us talk about these particular products, shall we?
So how did these herbs, manage to transform themselves to become patrons favorites? After all, a lot of them get discarded, even get called herbal highs rip offs by some?
It’s simple really. Although some just have this mellow psychoactive effect about them? Those herbal cigarettes or smokes, the smoker believes he can get the most precious highs from? Gets the smoker approval OR rejection entirely dependent on the customer’s approval or disapproval levels. For now, I will leave you to explore and discover, which among these alternatives deserve the highest scores.

Would you like to see these surveys and Costumer results?
The results and graphs are plastered on my website. They are based on customer’s feedback and opinions based on actual consumers who have used them. This is to have a consumer database of sorts to have an estimate what works, and which items had to be thrown in the incinerator! Unfortunately the product results that received bad ratings were permanently removed, but for research purposes, you can refer to the Erowid for that.

The other items you may find interesting are:
Herbal Smoke Out Combo, Endless Summer, Smokers Dream, Emerald Green, Honey Blonde, Black Magic, KanZak, King Tut, E2 Energy Squared, Herbal Quiver, Happy Camper etc, which are also of great quality and worth special mention!

We are close to the end of this mini-guide and I cannot rightfully end this mini-guide without first informing you that these herbal smokes are not tobacco products nor are they legal ganja alternatives! Unfortunately a lot of Noobs mistakenly expect these to be like: LSD, amyl nitrate, fake cocaine, methcathinone, amyl nitrite,or even inhalant, Alpha-ethyltryptamine, Hallucinogens, Stimulants, PCP and other street drugs!

That’s not even what this is about! These legal buds work for sure, just not as inferior substitutes to the illicit drugs sold by the street-drug dealer! These are simply not intended to be mediocre replacements for anything, period! They work but they have their own original, peculiar blends and experiences that thousands of inviduals all over the world have developed a liking for! The same thing also applies to any Premium quality herbal smokes not mentioned here today, being offered for sale by other established herbal high outfits.As you may know, brand names do not matter as much as the natural, organic contents inside them.

Common ingredients to look out for?
The raw legal weeds ingredients of interest to look out for when assesing herbal smokes, which are commonly mixed in with these herbal smokes include but are not limited to: Kava Kava, Lactuca Virosa, Leaf of god, Salvia Divinorum 5x Powder, Catnip and a whole lot more! These may or may not be present in the products mentioned, but are the most common ingredients used in the herbal smokes business. Lastly as an added tip. Some people say using Vaporizers (i.e. Herbal Aire H2.1, Vapolution Vaporizer , or Vaporbrothers), Bongs, Hookahs etc, intensifies the BUZZ and EFFECTS of the herbal smokes!

Point of Care Test Cups Held to be a Prohibited Benefit to Physicians Who Could Not Otherwise Bill

When a physician cannot bill for test results, and a company offers to give that physician those test results for free, a Florida Federal Court has ruled that the company is offering the physician prohibited remuneration. On May 5, 2015 the Middle District of Florida granted partial summary judgment on the latest motion in a contentious litigation between Ameritox Ltd. and Millennium Laboratories, Inc. Ameritox and Millennium are competitors and clinical laboratories that screen urine specimens for the presence of drugs. Millennium provided free point of care testing cups to physicians, who use the cups for initial testing and then return the cups back to Millennium for confirmation tests. Physicians do not bill patients or insurance companies for the point of care tests. Ameritox claimed that the provision of free point of care testing cups to physicians violates the Federal Anti-Kickback Statute and Stark law. Neither law allows a private citizen to make a claim against another private citizen for its violation (i.e., a government entity would have to assert a cause of action for violation of these laws against a private company). Ameritox argued, however, that Millennium’s alleged violations of the laws provided a basis for Ameritox’s unfair competition claims. The Stark Law prohibits physicians from referring their Medicare and Medicaid patients to business entities with which they have financial relationships. The term financial relationship includes compensation arrangements involving remuneration between the physician and the entity. The Stark law does provide exceptions from the definition of remuneration. However, the Court determined that, in the event that a free device provides an additional benefit to a physician, the device is considered prohibited remuneration. The Anti-Kickback Statute prohibits health care providers from knowingly and willingly offering to pay any remuneration to induce a physician to refer a patient for services covered by Medicare or Medicaid. It defines remuneration as including -transfers of items or services for free or for other than fair market value-. The Court held that the provision of free point of care testing cups to physicians constitutes remuneration (under both the Stark Law and the Anti-Kickback Statute) when those physicians could not otherwise bill for testing of the same specimen. The Court reasoned that provision of free point of care testing cups provides a valuable benefit to physicians in the form of free preliminary test results that the physicians could not have otherwise obtained. The Court left open for the jury to decide the provision of free point of care testing cups to physicians constitutes remuneration when physicians could bill for the testing done with the cup and agreed not to. As an academic aside, apart from this lawsuit and applicable Federal law, it is important to note that Florida law contains an anti-kickback statute that is specific to clinical laboratories. The law is broad and does not contain the safe harbor exceptions incorporated into the Patient Brokering Act. Clinical laboratories operating in Florida are well-served to become educated about this law.

Submit your questions at Florida Healthcare Law Firm Blog

Residential Tenancies Mental Health Problems A duty to accommodate and a tenant’s right to remain

RESIDENTIAL TENANCIES: Mental Health Problems, a Duty to Accommodate, and a Tenant’s Right to Remain in their Home

By: Michael K.E. Thiele, B.A., LL.B., Plant Quinn Thiele LLP, Ottawa, Ontario Canada. Copyright 2007

The legislation governing most residential landlord and tenant relationships in Ontario is the Residential Tenancies Act S.O. 2006, c.17. (RTA). While the residential lease, written, oral, or implied, executed by the parties may inform the rights and responsibilities between the parties, the lease agreement may only establish those rights subject to the over-riding provisions of the RTA. In Ontario, the RTA applies to rental units in residential complexes despite any other Act and despite any agreement or waiver to the contrary. Further, where a provision in a tenancy agreement/ lease is inconsistent with the RTA or its regulations, that provision is void, and where the provision of another Act conflicts with the RTA the RTA takes precedence. In this regard, the freedom to contract is restricted; even prevented by the RTA, and appellate judicial pronoucement confirms that the RTA is effectively a complete code removing even the jurisdiction of the Superior Court in dealing with the relationship between landlord and tenant outside of the regime established by the RTA.

A recognized and statutorily mandated exception to the foregoing is the application of the Ontario Human Rights Code, the provisions of which take precedence over the provisions of the RTA. It is with respect to this exception that this paper is concerned, in the context of discussing recurring and difficult cases arising at the Landlord and Tenant Board, and how the Human Rights Code is helping tenants suffering from disabilities that cause behaviours which otherwise or normally would justify termination of their tenancies and eviction.

In practice before the Landlord and Tenant Board of Ontario, it has become increasingly apparent that a great number of tenants who are called upon to defend themselves and consequently their tenancies are suffering from some form of mental illness. In many instances, the mental illness is undiagnosed, but nevertheless is apparent to the observant onlooker. These tenants, but for the litigation support offered through Legal Aid Ontario, Community Legal Clinics, and generous lawyers, are left without the protections that one expects a Court to afford parties under disability. The Landlord and Tenant Board will allow proceedings to continue against a tenant, who by any reasonable measure would appear to be a party under disability, with the usual caveat being that they speak to duty counsel (who can not represent during the proceeding) prior to hearing.

Whether justice is wrought in these circumstances is a hard question; however, I believe it is fair to say that under these circumstances, the chance for injustice is greatly elevated. How then, and where, is the protection for parties under disability, for the mentally ill and infirm?

The starting point to deal with mental illness in residential landlord and tenant matters lies in the Ontario Human Rights Code R.S.O. 1990, c. H 19.. The code provides that -every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or the receipt of public assistance-. A disability is defined to include a condition of mental impairment or a mental disorder.

In the recent Supreme Court of Canada decision in Werbeski v. Ontario (Director of Disability Support Program, Ministry of Community & Social Services), 2006 SCC 14 (S.C.C.) , the Court held that a provincially created statutory tribunal was obligated to follow the provincial human rights legislation when rendering its decision. The Court stated that statutory tribunals, which were empowered to decide questions of law, are presumed to look beyond the enabling statute, to apply the whole law to a matter properly before them.

The OHRC is a fundamental law. The Ontario legislature affirmed the primacy of the OHRC in the law itself, which is applicable both to private citizens and public bodies. Further, the adjudication of OHRC issues is no longer confined to the exclusive domain of the Ontario Human Rights Commission: OHRC, Section 34. The legislature has clearly contemplated that this fundamental law could be applied by the Court and other administrative bodies and has amended the OHRC accordingly.

In Werbeski , supra, the Supreme Court of Canada found that an administrative tribunal should apply the provisions of the OHRC when interpreting statutes because:

(i) The Ontario Human Rights Code states that it has primacy over other legislative enactments;

(ii) The recent amendments to the OHRC have removed the exclusive jurisdiction over interpretation and the application of the Code, from the Human Rights Commission.

In addition, the provisions of Section 11(2) and Section 17(2) and (3) of the OHRC specifically state that “a Court, as well as the Tribunal or the Commission, could apply these provisions of the OHRC when deciding if the needs of a person with a disability can be accommodated without undue hardship.” Section 47(2) of the OHRC states that the OHRC is paramount over other legislation. The Supreme Court of Canada has also held that the Human Rights Code takes precedence over agreements and contracts: Syndicat Northcrest c. Amselem, [2004] 2 S.C.R. 551 (S.C.C.).

APPLICATION TO LANDLORD AND TENANT BOARD PROCEEDINGS

The Divisional Court in Walmer Developments v. Wolch, on a appeal from a decision of the Ontario Rental Housing Tribunal (predecessor to the Landlord and Tenant Board), dealt with a situation where the tenant was diagnosed with schizophrenia. As a consequence of this condition, the tenant exhibited behaviours that included frequent screaming, throwing garbage loose in the halls, shouting profanity in the elevator, putting her property, such as her TV, out in the hall, and leaving food cooking on the stove unattended and hence filling the hall with smoke.

The Ontario Rental Housing Tribunal did not apply the Ontario Human Rights Code, and failed to give consideration to the implications of section 2 of the OHRC to the eviction proceedings before it. This was ultimately held to be in error as Section 17 of the Code provides:

17(1) A right of a person under this Act is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability.

(2) The Commission, the board of inquiry or a court shall not find a person incapable unless it is satisfied that the needs of the person cannot be accommodated without undue hardship on the person responsible for accommodating those needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.

After some discussion of issues pertaining to the Ontario Rental Housing Tribunal’s ability to require accommodation (since ameliorated by statutory amendments), the Court held that a tenant suffering a disability has the protections of the OHRC, and most importantly that the question of accommodation shall be considered in the Tribunal’s/Board’s determination of whether to relieve from eviction under the discretionary provisions of the Tenant Protection Act/Residential Tenancies Act.

In Walmer, the appeal was allowed because it was ultimately demonstrated that the landlord could accommodate the tenant by notifying the tenant’s family of problems as they arose and that the tenant’s family could intervene. It was found that the tenant, when on her medication was controlled and her behaviour was then not objectionable.

Walmer, then, stands for the proposition that a landlord has a duty to accommodate a tenant who exhibits behaviours as a result of a disability, that otherwise would warrant termination and eviction, and where the accommodation does not amount to undue hardship, to actually take steps to assist the tenant in maintaining their tenancy by finding reasonable solutions to the problems alleged. Further, where a landlord fails to provide such accommodation, the Landlord and Tenant Board is directed to consider what may be a reasonable accommodation and where available, refuse termination and eviction to the landlord.

SINCE WALMER The Walmer decision has had the practical impact of sensitizing the Landlord and Tenant Board to the fact that many of the persons who appear before the Board are suffering from disabilities. While sensitized to the issue, it continues to be the case that the burden of establishing the existence of the disability; and further establishing what the reasonable accommodation may be; remains with the tenant. Where tenants do not have representation and/or do not have a support network the accommodation potential (and hence retention of the rental unit) offered by Walmer , is not pursued and hence is lost. Very clearly, in the Landlord and Tenant Board context, a human right is only a right if it is pursued and the Board will not, on an institutional basis assure that a mentally ill party is represented and that his/her human rights are asserted.

The Walmer decision has had a dramatic real life impact for many tenants. In particular, tenants suffering from schizophrenia, paranoid delusional disorder, dementia, alzheimers, hoarding instincts, and a host of other mental illnesses that from time to time cause behaviours that otherwise would warrant termination and eviction; now, are retaining their housing, with the landlord being required to take a little extra care for them. The Walmer development has been a positive change in that it has very clearly prevented homelessness of persons with mental illness who are able to be treated and who will function normally with the right support, understanding, and accommodation.

This is significant as the number of aging renters increases. Aging seniors, who haven’t had an issue with their landlords since the commencement of their tenancy are increasingly finding themselves before the Landlord and Tenant Board facing allegations of anti-social behaviours. Often these behaviours are age related as aging sometimes brings on mental illnesses or medical conditions that cause a person to exhibit anti-social behaviours. Often, these can be medically treated or ameliorated by additional care and support. These -mentally ill- tenants are often just regular folks whose entire life is subject to being turned upside down through eviction because they got sick. Through eviction they lose the stability that having a place to live gives, it robs them of peace, their routines, and likely exacerbates any medical condition or mental illness through the stress caused by the eviction.

While Walmer has been a tremendous help to many tenants by forcing the Landlord and Tenant Board to recognize -disabilities- and to impose accommodation of those disabilities where reasonable; the procedures of the Landlord and Tenant Board in adjudicating cases dealing with the mentally ill continue to disregard the fact that in many instances these tenants are not only mentally ill but incompetent as well. From the perspective of the Landlord and Tenant Board it never has a party before it that can be a -person under disability- as in the sense of the Rules of Civil Procedure. Query whether this is just.

CONCLUSION The issue that this paper started with remains unresolved. Persons suffering with mental illness still face procedural disadvantage at the Landlord and Tenant Board. The Landlord and Tenant Board can make a person homeless. Hopefully, the law will eventually recognize that the mentally ill and incompetent deserve procedural protection and it seems fair to suggest that one avenue to such protection is through the ideas expressed by the Court in Walmer.

Ferguson, Rawls & Raines Personal Injury Attorneys Suffolk

If you are the victim of injury caused by the negligence or malpractice of someone else, you have every right to claim compensation for the effects of your injuries. To navigate the legal system, you will need experienced, professional council. The offices of Ferguson, Rawls & Raines are here to provide you with the legal representation you need. Our Suffolk personal injury attorneys can help.

If you’ve suffered a personal injury in Suffolk at the fault of another, call the offices of Ferguson, Rawls & Raines. We have five outstanding attorneys, each of whom specializes in a different area of practice. That’s how you can be sure you’ll get the experienced representation you deserve. You will be provided with a lawyer who has the knowledge required to provide you with excellent council regarding your case.

There are plenty of personl injury Suffolk attorneys to choose from. But rather than getting bogged down in deciding who is best suited to handle the particulars of your case, contact Ferguson, Rawls & Raines. Based on the specific nature of your injury circumstances, we will appoint the right attorney to represent you. Through our team of experienced lawyers, we are equipped to handle a wide variety of personal injury cases, including:

Medical Malpractice Care Facility Negligence Automobile Accident

We have been providing the people of Suffolk professional personal injury counsel since 1945. We have the knowledge and the experience to offer you the professional legal representation you need. We are committed to getting our clients the compensation they deserve. Contact our office today.

Suffolk Personal Injury

Ferguson Rawls and Raines has provided outstanding legal service to the people and businesses of Hampton Roads. We have five outstanding attorneys who have various areas of specialty which ensures that your legal matter gets one of our attorneys who concentrates in that area. No matter what your legal problem, if it is serious enough to require an attorney, we can help you.

Methods To Translate Legal Documents

Legal translation is the process of changing the texts within the field of law. For law is a culture dependent subject, legal translation is not that easy. The skilled translators who specialize in this profession can translate texts and writings. As soon as there is a mistranslation, there may be law suits and tons of money will be gone.

Once a translator changes a document in the field of law, the translator has to bear in mind some things. First, the legal translation technique is made in relation to the way of life and this can be discovered in the legal language. Similarly, the target text must be read by a person who has been familiarized with another language or legal system.

A specialized translator has to be a linguist or a legal person with a little detective work in hand so that he can gather the major points in a text. Furthermore, the translator has to study the methods on how to explain legal thoughts in the native language of a document which are different from the target language or legal system. In addition, the translator must be up to decode the source text and recreate its meaning in the target text. In lots of situations, a translator can really be limited in searching for appropriate words, phrases and parenthetical clarifications. This is due to the fact that precise translation is not genuinely possible.

Legal text translators of text such as birth certificate translation normally seek aid from law dictionaries like bilingual law dictionaries. Nevertheless, the translator must be cautious because a number of bilingual law dictionaries are of inferior quality and they can only cause mistranslation. Each translator must retain the rules whenever they decode a text. The translations have to be decoded from the original text and they should be translated fully and accurately. They also must have the layout and format of the native text as well. The translator must not alter any names of persons, marks of nobility, titles, and not even the correct spelling of a name and it must be taken frankly from the original text.

A skilled legal translator who works with certificate translation must know that there are different vicinities of law that show particular translation methods. A contractual writing has a small thing in common with determination, administrative certificate, and a judicial conclusion or statute. One translator has to be familiar with how to consult a monolingual legal dictionary and at the same time a dissertation about the subject matter. Also, bilingual dictionary can also be utilized but they must be utilized with care.

Aside from terminology lacunae or lexical gaps, a translator can focus on some facets. Textual conventions that are in the native language are typically culture-dependent and will not coincide with the textual conventions in the target culture. There is no similarity between the linguistic structures of the source language and the target language. That is why the translator ought to look for the structures in the target language that is similar to the tasks of the structures of the local language.

Once an argument regarding various legal structures of languages take place, a legal adviser and the clients will be suggested to get translation services that bridge effectively the separation of legal systems, culture, and language and provide literate instead of literal translations.

Posted in Law

Arbitration And Conciliation Act In India An Overview

Arbitration, an age old concept in India, is a part of Alternate Dispute Resolution (ADR) with other popular ADR processes like Conciliation and Mediation. In India Alternate Dispute Resolution is governed by the Indian Arbitration and Conciliation Act 1996 which is created on the lines of the Model Law of the UNCITAL (United Nations Commission on International Trade Law). This article identifies certain problem areas of the Arbitration Laws of India, highlights some of the revolutionary decisions by Supreme Court and points out some of the misuses as well.
Problem areas:
Over the past decade, the lofty objective of enacting this Act stands substantially diluted due to various reasons as follows:
a.Inability of parties to exercise their rights explicitly provided under the statute
b.The overdependence on retired judges as arbitrators
c.Expansive delays
d.Considerable expense
e.Legal professionals treating arbitrations as an extension of the court proceedings and converting them to lengthy trials.
f.Exercise of appellate power under Section 34 of the Act – a virtual practice to challenge each and every award irrespective of whether it fits within the limited grounds specified in Section 34.
These render nugatory the stated intent of creating an arbitral process that is fair, efficient and capable of meeting the needs of the specific arbitration resulting in an explosion of litigation as against the stated intent of reducing the same.
Revolutionary decisions:
The Supreme Court, while dealing with such rival contentions has held that interpretation of a contract may fall within the realm of the arbitrator. The Court while dealing with an award would not reappreciate the evidence. An award containing reasons also may not be interfered with unless they are found to be perverse or based on a wrong proposition of law like an error apparent on the face of the award. If two views are possible, it is trite, the Court will refrain itself from interfering. Jurisdiction of the court to interfere with an award made by an arbitrator is limited. On contrary to this, in recent times, the courts were impelled to have fresh look on the ambit of challenge to an award by the arbitrator so that the award does not get undesirable immunity.
The Court also quoted it is correct that courts shall not ordinarily substitute their interpretation for that of the arbitrator. It is also true that if the parties with their eyes wide open have consented to refer the matter to the arbitration, then normally the finding of the arbitrator should be accepted without demur. There is no quarrel with this legal proposition. But in a case where it is found that the arbitrator has acted without jurisdiction and has put an interpretation on the clause of the agreement which is wholly contrary to law then in that case there is no prohibition for the courts to set things right.
While the conclusion may not be so relevant, it is the reiteration of the aforementioned principles that is reassuring. One can only hope that this would guide the hands of all judicial authorities while entertaining appeals under Section 34.
Misuse:
Misuse of the process of Arbitration by companies and parties is also not unheard of and is even prevalent in international commercial arbitration where the arbitration agreement or the arbitration clause may stipulate sole and mixed arbitral commissions. These depend primarily on whether the disputes are to be referred to a single arbitrator or the parties may appoint an arbitrator each with an umpire presiding over the arbitration commission.
Problems as discussed again arise when the party to the agreement in power may force the other party or parties to sign an arbitration agreement or arbitration clause created to cause pecuniary or territorial discomfort to ensure a quicker or unfair settlement. The conclusion is obvious. If arbitration is to survive, ADR lawyers must insist on institutional arbitration to ensure Alternate Dispute Resolution becomes a better alternative to Court litigation.
The USP of resolving disputes through Arbitration was its relative simplicity, economy, speed and privacy. However, over the time it has been observed that Institutional Arbitration through Associations or Societies like The Indian Council of Arbitration (ICA) , Federation of Indian Chambers of Commerce and Industry (FICCI), FICCI Arbitration and Conciliation Tribunal (FACT), The Associated Chambers of Commerce and Industry of India (ASSOCHAM) etc. is the best since they conduct Arbitration as per rules laid down which have stood the test of time and where the reputation of the Arbitrator is impeccable while at the same time the parties to arbitration know very clearly what the cost of the said arbitration be.
It is unfortunate that most litigants and parties do not opt for institutional arbitration which has time and again proven its mettle in providing fast, economical and completely impartial resolutions of disputes within the ambit of strongly laid down process and guidelines.