The Value of the Law in Democracy

July 13th, 2009 at 11:37pm Under Administrative Law

As already indicated, the role of law as a means of controlling behavior is very limited. It is a weapon in the state’s normative armory but it is rarely the strongest and in some areas it is totally ineffective. It is an essential backstop in persuading officials and citizens to avoid corrupt behavior. It reinforces ethical standards for the good and provides some potentially strong reasons for those who are not (although the strength of those reasons is limited by the perceived likelihood of detection). However, the main game lies elsewhere. Law actually has a role to play in that ‘main game’ by creating institutional structures, setting out the powers of public officials, and monitoring the exercise of those powers under judicial review.
In best practice regimes, law already does these things. However, there are a number of ways of moving beyond best practice. Most of them ensure that the law is ‘in synch’ with ethical standards and institutional reform so that the three really do operate as a ‘trinity’ rather than as disparate, uncoordinated, and potentially conflicting integrity measures.
Determine What is Required
Law can play different roles – indicating what is acceptable and unacceptable behavior, providing reasons for action, removing offenders from the position where they can re-offend, creating institutions and structures, providing review mechanisms, etc. Every law that has a part to play in the integrity system of a jurisdiction should be considered in terms of the role it is intended to play and the role that it can play, and be amended accordingly.
In this process, drafters and politicians should always be aware that there is a more constructive use of laws than merely imposing higher penalties. They should also be aware of the value of laws that declare values and the means to achieve those values.
However, where penalties are involved, consideration should be given to the harm that is caused by corruption and the forms of penalty that will weigh most heavily with potential offenders.
Ensure that Laws Reflect and Back up Ethical Codes
Following the drawing up of the general public sector ethical code, the laws creating offences for public officials and those who deal with them should be reconsidered to ensure that they play their backstop role. First, public sector reformers should consider at what point on the normative continuum legal sanctions should be imposed. Secondly, laws should be re-drafted in terminology that reflects the ethical norms they are supporting. Thirdly, such laws should be considered for their consistency with ethical standards, ensuring that the most grievous ethical breaches are criminalized and that behavior which is ethical is not.
Setting the Powers of Public Servants
We have already remarked on the importance placed on ‘legality’ by public servants. Laws should spell out what public servants have the power to do and the purposes for which they have been given those powers. Legislators should consider very carefully the purposes for which power is given and ensure that they provide only the powers that are needed. (This should be contrasted by the tendency to grant very broad powers to public officials. This is not surprising where laws are frequently proposed by the same public servants who would exercise them). Such an approach also makes judicial review and administrative law generally easier because one can interpret the inevitable ambiguities in the powers conferred in terms of the purposes for which they are given and the justifications for doing so.

Basic Classification of Law

July 13th, 2009 at 05:37pm Under Administrative Law

These days when there are any flaws in our system or any failure in the operations; we react impulsively to such situations; so when we are quite alert to make others realize their responsibilities instantly same should be the case with regard to our responsibilities. We also need to realize our responsibilities completely and be completely aware about the day to day scenario. So many crimes taking place it is the duty of every responsible citizen to have a complete know-how about the situation. With the scenario in the world totally changing, ignorance of the law cannot be any excuse for the commitment of a crime. Sometimes it just happens where in spite of our fair intentions we need to be completely aware so that we prevent ourselves from any fake intentions. Further when we have a better insight about the law and order we can even have a better knowledge about the rights and responsibilities. A better insight about the law of the law can serve as a handy tool incase of emergency situation, thus it will help you to make better decisions with regard to the situation you are dealing with. There are three major divisions of law and each of the below mentioned divisions is looked after by an attorney general. First of all there are two classes viz: Domestic and international laws. Domestic laws are the laws which are applicable within the boundaries of our nation. The main objectives behind the enforcement of these laws is to ensure that the citizens of the concerned country are completely protects against violence, these laws contain the regulations which have provisions for punishing the people who violate against the law. Domestic laws are basically intended to safeguard the citizens. International laws on the other hand are intended to establish and manage the relationship with the other countries. With the liberalization policy in 1991 there is more concentration been laid to govern the relationships with the other countries in a smooth manner. The major source of the international laws is the treaties, signed by the various nations and all these regulations bind the parties concerned with the different deals. The next major section of the law is the public and the private laws. Public laws have a set of rules which is implied upon the State and it is applicable to all the citizens. The public law consists of two major sections viz: the constitutional law and the administrative law that deal in matters concerning the rights and the privileges of the executive government and the public authorities. It also encompasses the criminal law which deals with the behavior of the society and any behavior which is damage to the community as such. Industrial law deals with the management of the relations between the employer and employee. Then we have the private laws which serve as a valuable tool to handle the individual relations and the legal bodies. The major sections which you have under the private law are the contract law that deals with the formal agreements between the different parties, the tort law that handles the disputes between the behavior which causes damage to the other people, further it also consists of Family law that deals with the property and other issues within the family.

Justification and Principle of the Law in Democracy

July 13th, 2009 at 11:38am Under Administrative Law

All laws need to be interpreted, and ambiguities and uncertainties are inevitable. There are two ways of dealing with this.
The first is to try to specify every detail.
The second is to emphasize the purposes of legislation and the principles underlying it as a guide to interpretation by the individuals who are expected to follow it and the judges who may be called on to adjudicate it. Modern practice is increasingly emphasizing the latter while never eschewing the former.
The proposed search for justifications of public institutions provides values that can inform the principles of the laws that govern those institutions. Such values provide the key to synchronizing them with ethical standard setting and institutional reform. To do this, the principles underlying new and existing legislation should be clearly stated and the text of the legislation considered to ensure that it is consistent with those principles.
The ‘Backstop’ Role of the New Administrative Law
The so-called ‘new’ administrative law can provide important supports to ethical standard setting and good governance generally. During the 1970s, a powerful range of related tools, each of which supported the others, massively strengthened administrative law.
Judicial review was simplified and streamlined to remove many of the old technicalities. With very few exceptions, it meant that any citizen could challenge the government in court over the legality of decisions on several grounds, such as whether decisions were affected by bias, failure to give a fair hearing to substantially interested parties, failure to take into account relevant considerations, acting under the dictation of others etc. However, this right of challenge, which had long stood under the ‘prerogative writs’ was facilitated by two related elements.
First, citizens affected by decisions could demand reasons for decisions that affected them. Secondly, they could demand relevant documents under Freedom of Information. Like all legislation, this is expensive and acts best as a backstop.
Other elements of the ‘new administrative law’ provided the primary defense – Ombudsmen to investigate government decisions and independent Administrative Appeals Tribunals to reconsider afresh decisions made by officials.
The essential merit of these reforms and warn against tendencies of governments to cut them back.
The principles of administrative law reflect value judgments about the way that officials should make decisions. Thus, administrative law provides a legal backup to ethical standard setting. However, the potential of this link to strengthen both are rarely canvassed and have never, to our knowledge, been actively pursued.
Any reform process should review administrative law principles in the light of the ethical codes that are adopted. The goal should not be to replicate the code of ethics in administrative law but to ask a similar question to that is asked in relation to criminal penalties: at what point should a failure to follow ethical rules lead to legal consequences – in this case the invalidation of the decision?
The negative consequences for the official are far fewer and the positive consequences are significant. As they and their colleagues have learnt more about the detail of their powers and duties, and have been reminded of the reason why they hold those powers, administrative law need only be utilized at a much higher point on the normative continuum.
We should not get carried away by administrative law as a means for ‘enforcing’ ethics. This mistakes the relationship between ethics and law. Ethics should still operate more directly through the conscious understanding of public officials and by taking prior advice where they are in doubt.
Nevertheless, the combination of ethical standard setting and administrative law should be explored further and exploited to the full.

Twenty-Eight Verrill Dana Attorneys Recognized as New England Super Lawyers, Most of Any Law Firm Based in Maine

July 12th, 2009 at 11:37pm Under Administrative Law

Portland, ME (November 26, 2007) –  Twenty-eight lawyers from Verrill Dana, LLP have been selected by their peers for inclusion in the 2007 edition of New England Super Lawyers.  This impartial and well-respected annual guide recognizes the top five percent of lawyers in Maine, Massachusetts, Vermont, New Hampshire, Rhode Island, and Connecticut.  The rigorous selection process includes peer nominations, a blue-ribbon panel review and independent research on candidates.  Advertising in the New England Super Lawyers guide has no bearing on the selection process.Portland attorneys included are Eric D. Altholz (Employee Benefits/ERISA); Juliet T. Browne (Environmental); Anthony M. Calcagni (Real Estate); Roger A. Clement, Jr. (Bankruptcy & Creditor/Debtor Rights); Judith M. Coburn (Estate Planning & Probate); Christopher J.W. Coggeshall (Real Estate); Douglas P. Currier (Employment & Labor); Beth Dobson (Banking); Gregory S. Fryer (Business/Corporate); Gregg H. Ginn (Employee Benefits/ERISA); James G. Goggin (Intellectual Property); Mark K. Googins (Business/Corporate); William S. Harwood (Administrative Law); David C. Hillman (Bankruptcy & Creditor/Debtor Rights); Keith C. Jones (Business/Corporate); James T. Kilbreth (Business Litigation); William C. Knowles (General Litigation); Alan D. MacEwan (Business/Corporate); Christopher S. McLoon (Tax); Richard G. Moon (Employment & Labor); Charles R. Oestreicher (Real Estate); James C. Palmer (Real Estate); and A. Robert Ruesch (Construction Litigation). Boston attorneys included are James F. Coffey (Business/Corporate); Gene D. Dahmen (Family Law); Donna M. Evans (Business Litigation); George P. Field (Business Litigation); and Gail Pennington (Estate Planning & Probate).”We are honored that so many of our lawyers were chosen for this distinct recognition,” said Verrill Dana Managing Partner David E. Warren.  “While only five percent of attorneys practicing in New England were selected, nearly 30 percent of Verrill Dana lawyers were chosen for inclusion.  They, along with their colleagues, help to make Verrill Dana one of the most respected law firms in New England, and beyond.”  About Verrill Dana: Verrill Dana, LLP is a full service law firm with more than 100 attorneys conducting a nationwide practice from offices in Portland, Augusta, and Kennebunk, Maine; Boston; Hartford; and Washington, DC.  To learn more, visit our website at www.verrilldana.com.

Civil Law – The Common Law Legal System

July 12th, 2009 at 05:37pm Under Administrative Law

Civil law is the most dominant legal tradition today in most parts of the world. It is that branch of law which deals with individuals, and/or organizations in which compensation is rewarded to the victim. E.g. in a car accident, victim can claim damages against the driver for the loss or injury sustained in the accident. Going back to the history of civil law, common law follows an adversarial model while civil law is more inquisitorial. Civil law is code-based. It provides a forum or predefined set of rules for deciding disputes involving torts, probate of wills, property, administrative law, commercial law and private matters including government departments. The civil judge does not interpret the law but simply follow predetermined legal rules.The objectives are different in civil law. There is an attempt to right a wrong, honor an agreement or settle a dispute. The victim gets compensation from the person who does the wrong. Every common law country has its own set of legal system that depicts on the rich history of civil law.Understanding civil law, one needs to know the history of its origin. As they say, “All roads lead to Rome”, civil law has also originated from the legal institutions of Rome. Its name derives from jus civile, the civil law of the Roman Republic and the Roman Empire. The jurists were people from upper classes of the Roman society who offered their legal knowledge as a public service. They advised parties to litigation, lay judiciary who presided over the trials and judged the facts of the case.There were two types of civil judges: the magistrate and the judge for the trial. The jurists in Rome were nonprofessional and were not the government officers, hence they did not charged for their services. Thus, Roman law had an important influence on history of the world.Civil law is usually referred to both the common law and law of equity which have historically operated to different doctrines.Despite of the universal recognition of the distinction between the private law and public law in the civil law world, there is still no agreement among the civil law attorneys on its theoretical basis and no uniformity as to the scope of private and public law. Private law is that area of the law in which the sole function of government was the recognition and enforcement of private rights. Contrarily, public law is the effectuation of public interest by state action. Private law includes civil and commercial codes, while public includes constitutional law, administrative law and criminal law.In a civil lawsuit, the plaintiff is responsible for the cost of litigation. Most civil law attorneys handle victim cases on a contingency basis which means the attorney fees is deducted from the final award.

Civil law questions and answers

July 12th, 2009 at 11:38am Under Administrative Law

Do Jurors have the right to judge the law as well as the facts in a case? They sure do.When the U.S. Constitution recognizes the right to the trial by jury, it provides the common law trial by jury. This applies to both criminal law and to civil law suits ‘according to the rules of the common law’.Which is better for legal system?civil law? common law? religius law? costomery law? Common law and civil law have done the job well in their countries. In some cases common law appears to be better especially economically. But civil law has got its advantages as well. Common law or law that is digested from judicial decisions need good.Does Denmark have civil law that bans making humour of religion?cartoonests have gone too far, and created international conflicts Denmark doesnt knows how to respect each others. of course NOT !! – No, it would go against freedom of speech ( concept that is inexistent to the muslim countries, which are under some kind of religious dictatorship ).What are the diffent types of law? There are two major groupings of law–criminal law and civil law. You can practice criminal law on a local level (local DAs office or equivalent) or federal level (either with the US Attorney’s office or the Department of Justice). There is all kinds of criminal law–sex crimes, guns and drugs, gangs,.Why is Louisiana the only Civil law system in the U.S.?Louisiana has a legal system that is based on the roman civil law system the was perfected by napolian (French Law) before the louisiana purchase. Why didnt Louisiana Convert to English law after the louisiana purchase? How does the Supream Court pratice jurisprudance in louisiana when the basis.Is there anything I can do to have a case dismissed before it goes to trial?I am the defendant in a civil law suit (California) that really has no merit. The Plaintiff’s attorney does not send me copies of the forms that he files to the court. (I have come to realize this by looking at the documents.Should criminal law of India be changed?Most of the Indian law- criminal law, civil law etc. implimented at British time and the sections – word by word are the same of more than 100 years old and these laws were framed only to benifit the bristish rule . The modern legal system which is not only India but.Can a newspaper be held liable for reporting something that someone said which is defamatory?Please be detail and relate to civil law term on fefamation act and the penal code. I dont believe so. Reporting news should not be a crime or carry penalties as long as they mention who did the defaming. Rules like this would suppress.Difference of civil law and criminal law in term of music download?I am writing about the music download illegally. One of the topics needs to cover is the difference between civil law and criminal law. What do you think the music download is considered the civil law? I will assume you are referring to ‘music upload’. ‘Downloading’ has.What’s the work environment for a divorce and criminal lawyer?I’m interested in knowing which one is better. Also, what’s the difference in salary? A devorce procedure is just a sector of Civil law, and a lawyer specialized in civil law can handle any case related to family law. Penal law is a completely different sector and being a.I think I want to be a lawyer what kind should I be?Name the difference kinds and what they make and what you think is the best to do Basically there are two groups. Those that deal with civil law and those who deal with criminal law. Among the civil lawyers include those who deal with business, education,environmental,.In extrajudicial killing, what is the violated law in civil law in the philippines? PARDON? please explain your question – I don’t know a thing about Filipino law, but if it’s anything like Western legal systems, odds are no civil laws are broken, and such a killing would be solely a criminal law case. – Extrajudicial killing is.My husband and I need a crash course on how to handle a civil law suit We need to be granted a continuance?hubby and i work at the same office and it is sometimes difficult to arrange time off together. there is also a 14 hour drive one way to appear at this trial. is there a better.my neighbors dog dose not stop barking do I have a wright with civil law to injoy my back yard?My neighbors wll not take care of there dog it dose not stop barking wile it,s out side do I have any rights to enjoy my house and my back yard is there something in civil law that can.what administrative law work magistrate do in a court? and what kind of civil law case magistrate dealt with? Magistrates are not court employees. They sit on cases and append their signatures to court documents, such as warrants. The actual hard work behind the scenes is done by the administrative staff, who are now classified as civil servants..what are the differences between common law, civil law and Islamic law? Common law is laws in effect before writing was common, basically laws based on long used ideas of right and wrong. Civil laws are those that are enacted by a government (non criminal law) basically rules how we interact with each other Islamic law, is law.what is the customary law?and how do differentiate between customs and customary law? (m) The modern codification of civil law developed out of the customs, or coutumes of the Middle Ages, expressions of law that developed in particular communities and slowly collected and written down by local jurists. Such customs acquired the force of law when they became.An example of a criminal law? and a civil law? Let’s suppose you are the at-fault party in a car accident. There is twenty pounds of cocaine in your trunk. You will be arrested (amongst other things) for criminal possession. The man that you hit severed his spine and can no longer work. He will sue for civil.Cases which arise under English law can be heard either in the criminal courts or the civil courts.?(a) Outline the important differences between criminal and civil law. (4 marks) (b) Identify two areas of work undertaken by the County Court. (2 marks) (c) The Civil Procedure Act 1997 introduced a new system for dealing with civil cases based. More law questions please visit : LawFreeFAQ.com

Law Firms in Dubai

July 12th, 2009 at 05:37am Under Administrative Law

Have you ever felt that your lawyer doesn’t have a deeper idea than you have about your special legal matter? Or do you have to run around to get different legal solutions for your business? The solution can be a consortium of specialized legal experts and business professionals from various sectors. Emergence of a new business oriented legal solutions is the need of the time. Business laws are different from country to country and become complicated when a company has services offered in different geolocations across the globe, especially when its military contract disputes and import, export sector.

Businesses such as petroleum products –a global economy driving factor- need special legal and business expertise. All business legal solutions under one roof might relieve the pain of finding specialties in every legal issue.

Al-Khalifa- legal is such a business oriented legal service provider for all businesses in and around UAE. Understanding the need of specialization

In complicated legal business advice it has deployed specialties for each segment.

We have legal experts who can empathize with you and an eye for details.

You can go for specialties in Administrative law, criminal and penal, International sales of goods, Project financing, Arbitration and alternative dispute resolution, Islamic banking and Islamic project financing, Real estate and construction, Banking and finance, Information technology and ecommerce, Investment banking, Restructuring and corporate Recovery, Commercial, Insurance, Labor and employment, Taxation and financial structuring, Competition, regulation and trade, Intellectual property, copyrights and multimedia litigation, Corporate, International offshore incorporation, Maritime, aviation and transport.

Understanding the Intricacies of Employment Law in Woodland Hills

July 11th, 2009 at 11:38pm Under Administrative Law

An employee being sexually harassed discriminated against or wrongfully deprived of overtime pay and seeking recovery thereof, may find the experience puzzling, tiresome and emotionally stressful.He/She has several options: settle the dispute by mediation or conciliation or bring the matter to the court. In either case, the participation of a lawyer is inevitable.If this happens in Woodland Hills, the place has several employment law attorneys to whom you can consult or seek legal advice.Necessity of Employment Law AttorneysEmployment Law is often confusing especially to ordinary employees who have limited knowledge on it. Workers need sound guidance in their plight against powerful and influential employers. They need legal assistance in all aspects of state and federal employment law issues such as:• Discrimination• Sexual Harassment• Injunctions• Defamation• Family Medical Leave and Pregnancy Leave• Wrongful Termination of Employment• Retaliation • Unpaid Wages• Employee Rights• Overtime Compensation • Employment Laws• Severance Agreements• Trade Secret Agreements• Non-Competition Agreements• Whistleblower Claims• Administrative LawManaging Employment ProblemsDisputes on employment do not necessarily result to lawsuits. One way of preventing this is by alternate dispute resolution. Alternate dispute resolution includes a variety of procedures in resolving employment disputes. The parties may decide to utilize arbitration, mediation or conciliation. All of which are reasonable and efficient means to resolve a conflict. In fact, it is widely recommended under the Americans with Disabilities Act to settle disagreements.Even at this stage, the presence of someone who is knowledgeable with the law is necessary. His/Her absence will not assure you of the best possible bargaining settlement. That is why, it is best to hire an employment attorney.Intricacies of Employment LawEmployment law is often a frustrating area of law as it covers all areas of the employer-employee relationship. In fact, the existence of such relationship must be alleged and clearly shown. Mind you, the determination alone of whether an employee-employer relationship exists demands time and effort. Much more with the other intricate area of employment like wrongful termination, whistle blowing, discrimination, workers compensation, harassment, and other unfair practices by the employer.Of course, the determination of what is the applicable law poses a lot of challenge. Like in many areas in California, particularly in Woodland Hills, many of these issues are administered by applicable federal and state laws that are very complicated.For instance, federal laws addressing discrimination in the workplace primarily are set forth under Title VII of the Civil Rights Act of 1964 (Title VII). California’s Fair Employment and Housing Act (FEHA), however, provides greater protection for employees than that provided by Title VII. FEHA also prohibits discrimination based on marital status. Furthermore, Title VII only covers employers who employ 15 or more employees, while FEHA generally applies to employers with only five or more employees. These laws and their applicability may be too complicated enough for an employee to understand.Undeniably, hiring a Woodland Hills employment law attorney will definitely make your case easy to navigate. Hence, if you think you have a case to file, act immediately and seek for the right attorney to handle your legal problem.

What Does Texas Lemon Law Allow?

July 11th, 2009 at 05:37pm Under Administrative Law

The Texas lemon law has been helping the consumers get their rights when they buy defective cars and other products. The law was enacted in 1983 by the state legislature. Although the validity of this law had been questioned in 1985, it was proved to be valid and in Texas, the law is administered by the Department of transportation and motor vehicle board. Under the law, there are informal mediation arrangements and so many cases have been resolved. When the case is resolved, a complainant is given a replacement, refund or even repair. If you live in Texas, you need to know which vehicles your Texas lemon law covers and they include the following. New cars, trucks, vans, motorcycles, all terrain vehicles, towable and recreational vehicles.Texas lemon law does not cover used cars, repossessed vehicles, non travel trailers, farm equipment or boats. But, if you are asking what the qualifications are for your car to be considered a lemon in Texas law, your vehicles must have the following conditions it must have a very serious defect or an unusual abnormal feature, it must be a written warranty, the defect must be within the warranty period, the car owner must have given the manufacturer a reasonable chance to repair the vehicle, the defects must cause serious compromise in value and safety of the vehicle. If this sounds like your experience, you need to know that you have a lemon and you can use the law to get the compensation you deserve.The Texas lemon law allows you six months for you to file a case from when you realize that you have a lemon. There are so many formalities not only in the Texas lemon law but, in all states because car disputes are more complicated and expensive and therefore, they need to be handled carefully and fairly. When the car dealer becomes reluctant to help you, you should have kept all the vital records and you will take them to the Texas department of motor vehicles where you launch your formal complaint. You will fill a complaint form and if you want to see how it looks like, you can view it on the internet.The department will then communicate to the manufacturer and everything will be done to resolve the case. So many cases find a solution during this stage because all parties want to do the right thing. However, other cases are not settled here and, the next thing you must do if your case was not resolved, is to prepare yourself for a hearing where you give the evidence to an administrative law judge showing that your vehicle is a lemon. You will find so much information on the internet about how to prepare yourself for a hearing and what options you have if you are still not satisfied with the outcome of the hearing. If you win during the hearing, you can look forward to a refund, replacement, repair and even reimbursement of all the expenses.

Law as Career

July 11th, 2009 at 11:37am Under Administrative Law

Law as a profession is in great demand these days. Due to the changing economic and social scenario and the ever-increasing regulatory role being undertaken by the government there is a growing demand for the lawyers. Besides being financially lucrative, Law is an adventurous and thrilling career option.
Some of the personal characteristics that one needs to have to become a good lawyer are: good intellectual ability, the ability to assimilate and analyze facts quickly, excellent communication and presentation skills, self confidence, and physical and mental stamina to cope with the long hours of work and work related stress.Law Courses in IndiaB.A. L.L.B: This is a 5-year course and the students can pursue this course after passing Class 12. L.L.B.: This is a 3-year course, open for graduates.L.L.M.: This is a postgraduate course in Law. The duration of the course is 2year. Students can pursue this course after completing B.A. L.L.B. or L.L.B.
There are various specialized branches of Law. These include:

Here is a list of some of the top Law Colleges in India:

For better guidance contact your nearest Employment Exchange