July 14th, 2009 at 10:10pm
Under Education Law
In the grand scheme of the field of law, paralegals play an important behind the scenes role in the day to activities that result in settlements, cases going to trial and all manner of litigation. Long considered the backbone of the legal field, their work is often unheralded though an integral part of the success of any given lawyer or law firm. Paralegals are well paid for their efforts, and unlike in many other fields, can count on above average earnings and a favorable job market.
What truly separates paralegals from those who hold positions in other industries, however, is the exceptionally favorable ratio of education to earnings that they enjoy. Most paralegals complete a two year associate level program and are ready to enter the profession through a federal, state agency or private practice. Compared with the earning potential for most other two year programs, the contrast is apparent.
Perhaps because of this, recent years have yielded several attempts by legislators and other entities to govern the credentials of working paralegals. Select consumer protection and some paralegal groups have petitioned congress for mandatory licensure of the profession under the premise that it would assure uniform standards of practice while guaranteeing that law firm clients receive services from qualified, well trained professionals. Opponents argue that regulation is moot point as the statutes disallowing the unauthorized practice of law provide sufficient safeguards.
Voluntary certification is offered from the National Association of Legal Assistants (NALA), the National Federation of Paralegal Associations (NFPA) and other groups who offer nationwide examinations. In addition, some states have regulations in place that would fall under the category of required compliance. California and Arizona, among others, require state certification of anyone who prepares or assists in the preparation of legal documents. Other states require continuing education criteria that must be met and reported to governing agencies in order for paralegals to remain employed.
In truth, the most effective form of competency assurances should be offered by paralegal employers. The lawyers who use their services must be able to rely on accurate, well documented information that will stand up to the rigors of the legal system. Without the ability to perform their duties effectively, those who wish to remain paralegals will find it extremely difficult to do so.
By Law Article
July 14th, 2009 at 05:38pm
Under Administrative Law
If the world of law inspires you and the system of justice fascinates you, a career in law is for you. Legal profession is a fast growing, lucrative and the most respected career in India today. It is a very exciting and adventurous career. To pursue a career in law, one needs to pursue professional law courses. There are a number of institutes and universities in India that offer law courses. One could specialize into one of the various arms of law such as: corporation law, civil law, criminal law, and international law, labor law, patent law, tax law and so on.
In India, both government and private institutes offer under-graduate and post-graduate law courses to students. One could pursue LLB and LLM after graduation from these universities. Apart from the degree law courses, some institutes also offer diploma law courses in various disciplines such as Administrative Law, International Law, Labour Laws, Tax Laws and Corporate Laws. These small law courses are also helpful in building a successful career in law.
There are various branches of specialization in the field of law. These include civil law, criminal law, corporate law, property law, income tax law, marine law, public international law, family law, labour law, press law, excise law, constitutional law, administration law, sale of goods law, trade mark, copyright and patent law etc. Thus, there are numerous options for one to choose from. The eligibility to pursue LLB is 10+2. Course duration is 3-5 years and for a PG programme in law, the eligibility is LLB degree. Duration of LLM is two years. Once you pursue a course in law, you can opt for employment in different courts of law, in government service, as a law teacher, as a legal advisor to a company or a business house. One could also practice privately as a legal advisors advocate, solicitor etc.
On completion of the course, one can enroll with the local State Central Bar council. The Bar Council of India and the State Bar Councils are the statutory bodies that form a self regulated code of law for legal professionals practicing in India. Thus, all aspiring lawyers are required to enroll with these councils. Lawyers enjoy a position of reputation in the society and their services are required at different fronts in different situations of life. One falls back to the legal system when all else fails so the demand for legal practitioners is always high in society. During any dispute or a matter of legal concern, it is the duty of lawyers to counsel their clients about their legal rights. Lawyers suggest legal remedies and course of action in matters of contention. It is also the duty of lawyers to draw up legal documents like wills and contracts. Lawyers also represent clients in court and tribunal proceedings and conduct negotiations on behalf of their clients. .
To become a successful lawyer, just academic qualification is not sufficient. One needs to acquire professional competence through experience and practice under the mentorship of efficient lawyers. One learns the ropes of the profession and the shrewdness that is required with experience. The personal attributes that are required to be a good lawyer include communication skills, patience, logical reasoning, and a very good memory. A good lawyer would be well updated with the latest information on nay changes in law and would have done a fair amount of reading.
With a law degree, if one takes up additional qualification too, it will help in making the person eligible for a variety of employment opportunities such as government services where lawyers are appointed through UPSC and can join Indian Legal Service and serve as Law officers, Dy. Legal Advisors and Legal Advisors. One can also join judiciary where the posts are that of the magistrate, district and sessions judge, sub-magistrate, public prosecutor, solicitors, attorney general, advocate general, notary and oath commissioner. Then, there are law inspectors, legal officers in banks, judicial members of income tax, sales tax and excise departments, government advocates and staff in the registrar of companies’ office. Thus, there is no dearth of employment opportunities for those who have done law courses. With a law degree and an additional course, one can aspire to make a very successful career in the field of law.
Geetika jain writes on behalf of Shiksha.com. Shiksha.com is an education portal that connects education seeker with education provider. Shiksha.com has wide information over study abroad colleges, student’s community and courses. Its education forums enable its users to seek opinion of students, alumni and faculty of colleges and schools through College Groups and School Groups.
By Law Article
July 14th, 2009 at 08:52am
Under Banking Law
It is the obligation of banking institutions to educate their customers and help them understand in its simplest way regulations or processes they are following. There are a lot of bank transactions with corresponding guideline that not all bank clients may seem to understand. And most of us use these banking services to manage our money and we trust that they can handle each transaction very well with minimal errors. Understanding the basics of banking law also suggest that it is the right of every bank clients to also know the flaws of these set of laws, we can be charged by our banks simply because we mistakenly ordered a bank draft instead of a cheque, this happened because it was not explained very well to the client.
Dealing with pension funds, mutual funds, hedge funds, and investing the public who put away the products and services of the sell-side in regulating to make best use of their return on investment comprises the “buy side”. Several firms have buy and sell side workings. On behalf of the bank and its clients, the principal purpose of the bank is buying and selling products. Banks takes on hazards all the way through proprietary trading, completed by a distinctive set of traders who do not cross with clients and in the course of Principal Risk. Threats assumed by a dealer after he buys or sells a product to a client and does not evade his total exposure. Banks look for to make the most of productivity for a given quantity of risk on their balance sheet.
Investment banks assist companies and governments put up money by questioning and selling securities in the capital markets which happens to be both equity and balance due. In late 1980s, the United States and Canada uphold a division linking investment banking and commercial banks. Greater part of investment banks present a tactical advisory services for mergers, acquisitions, divestiture or other monetary services for clients, such as the trading of derivatives, fixed income, foreign exchange, product, and equity securities. Trading securities for hard cash or securities, for instance, facilitates transaction, market-making, or the funding of securities such as underwriting, exploration, research, among others is submitted to as the “sell side.”
Bank secrecy or otherwise known as bank privacy is an authorized standard under which banks are permitted to defend private information concerning their customers, through the utilization of numbered bank accounts. Efficient bank secrecy is enhanced and attained in certain countries, such as Switzerland or in tax havens, where offshore banks hold on to intended or legal levels of privacy.
Developed by the Swiss Banking Act of 1934, which directed to the famous Swiss bank, the code of bank secrecy is from time to time measured by major characteristics of personal banking. Advances in monetary cryptography conceive it probable to use unidentified electronic cash and anonymous digital bearer certificates to accomplish financial solitude and anonymous internet banking.
Islamic banking refers to a structure of banking or banking activity that is dependable with Islamic law (Sharia) philosophies and directed by Islamic economics. In particular, Islamic law prohibits usury, the assortment and disbursement of interest, also regularly called riba in Islamic dialogue. In addition, Islamic law forbids spending in businesses that are measured illegal or haraam, for example, businesses that put up for sale of alcohol or pork, or businesses that create media such as scandal columns or pornography, which are opposing to Islamic values. In the late 20th century, a number of Islamic banks were produced, to provide to this precise banking market.
By Law Article
July 14th, 2009 at 04:11am
Under Employment Law
Employment and labour law are two terms which are usually used interchangeable. Actually, there is a defined difference between the two terms. Labour laws pertain and deal with the relationship concerning the employer and the union. On the other hand, employment law would apply to the relationship of the employer and the employee. Is this a manifestation of distinction without some sort of difference? Perhaps this is possible if you deal with employment and labour law regularly and the distinction between the two has been highly vital to your business.
This article will basically tackle the employer-employee relationships specifically on the issue of sick leave pay. We know that most of the employers in the United States offer their employees with sick leave pay. There are also some employers who offer accrued sick leave in cases when employees are laid off or they just quit. This is often done so that employers can attract employees to work for their company. However, it must be noted that this practice is not mandated in the employment and labour law but appears to be voluntary.
When do employees get the benefit of having sick leave pay? Obviously, an employee can have it if the employer is willing to give out sick leave pay so as long as the employee does not violate their agreed terms and conditions that are usually indicated in the employment contract. Since this kind of benefit is purely voluntary, the employment and labour law has no control over this. It is basically up to the employer if he/she wants to give this kind of benefit or not. As expected, there are loopholes in this employment and labour benefit. If your company have the policy under the sick leave pay that require you to present a note from a doctor, but this is not applied to everyone, you can sue the company for this.
If the said paid sick leave is just voluntary and does not guarantee the opportunity to all of the employees, where does this benefit leave you? What if you have to file a leave not just for your own illness but for your loved ones? You do not have to worry. You are covered by the Family and medical Leave Act which permits you to have a maximum of 12 weeks of sick leave—either due to your own health or a family member’s illness. This ensures that you do not have to lose your job under valid health reasons and to lose some group health benefits.
If you can recall, the Healthy Americans Act was introduced in the United States Senate in year 2005. The idea is actually to compel the employers to give out annual sick leave benefits for their employees who are able to log in for at least 1 500 hours in one year. The said Act did not prosper in 2005 and was “reborn” in 2007 as the Healthy Americans Act of 2007.
Simply put, the said act, if passed, would basically break the idea of employer-based insurance. It gives mandate to every employer who covered her/his employees in year 2006 to convert the insurance expenses into increment in the salary. It would mean a lot higher pay!
By Law Article
July 13th, 2009 at 02:54am
Under Civil Rights Law
Attorneys specialize in only some areas when it comes to employment law and not many people realize this . But why is it difficult to find an attorney practicing employment law even when all of them take the exactly same test to pass the bar?. Shouldn’t all of them be able to practice the law at least to some extent? It has become a fact that there are a very few attorneys who actually specialize in this field .Don’t get confused as in reality attorneys do not specialize in any specific areas in their field. One can always find a good attorney practicing employment law when needed.
Civil rights law, common law torts, statutory torts and the state law versus federal law combine together to form the employment law. Therefore in case you need an attorney from this area, always be sure to check with the State Bar Association to know more about your attorney and his experience in the field before hiring him.
The amount of money that you are willing to spend on your attorney should always be thought of. Most of the experts in this field cost you about $300.00 or more for an hour. And don’t forget that it takes more than a few hundred hours for a case. In case you have just been fired an attorney won’t be affordable. But try talking to about contingency to your attorney if you think you have a good case at hand. A contingency fee is what the attorney gets (usually 45% or more) out of the money recovered by the client. Remember to settle the fee with the attorney before taking the case to the court and trying it. There are many things to take into consideration when it comes to the employment law cases. One, the chances of the case winning, two, and the attorney won’t take the case on a contingency basis if the case has no hopes as it is he who has to spend the money and time
The damages occurred are also taken into account while considering a potential case. There won’t be any meaning in suing if you end up getting a better paid job,as there is no damage inflicted upon you .It mite actually cost a lot to state a point that does not exist.
One may need to spend more than what is needed for the lawyer’s fee. The filling of the case, presence of a stenographer, messenger and so many other things add up to the expenditure with time. Therefore think twice and make sure you have a good case before approaching a lawyer.
By Law Article
July 12th, 2009 at 03:01pm
Under Uncategorized
The Americans with Disabilities Act 1990, was enacted to prevent dicrimination by employers against handicapped, or to use a new phrase, differently abled, persons. This enactment confers certain rights to the handicapped, whether it be hiring, wages, promotion, or layoffs. ((In addition, employers are encouraged to employ them, by giving them an incentive, or making it obligatory to hire a certain percentage of their workforce.)).
What are these rights, its scope, when it can invoked and what remedy is available?
First, note that this anti-discrimination legislation covers only those companies that emloy 15 or more people. This includes State and Federal Offices, and employment agencies, and even the Labor Unions. (??)
The Commission appointed under the Act, namely, the Equal Employment Opportunity Commission (EEOC) defines an individual with disability as one who
• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of such an impairment; or
• Is regarded as having such an impairment
It further records that the person should be able to perform the duties of a position with “reasonable” or without, accommodation provided by the employer. What is reasonable accommodation? Again, the EEOC comes to the rescue in defining this term. It includes making the existing work area or space “accessible and usable” for the disabled, restructuring the job, modifications in schedules, reassignment of the worker in question to another vacant position, modifying devices or acquiring equipment, devices, materials used for training, and providing interpreters or readers as may be found necessary.
It is also important to understand that this is not a unfettered right. In order not to create rights which would intrude into another’s rights employers are exempted if they can show cause that these rules would cause undue hardship, impose financial resource constraints, or would impair their physical space of operation, or cause reduction in productivity, or lower quality standards in making such accommodation.
Medical examinations, enquiries are prohibited from being imposed exclusively on the disabled persons. Employer are prevented from asking about the disability, its existence, severity, etc. However, they can and do have the right to ask about the ability to perform the functions required, and may have to take an exam, PROVIDED that other applicants, without apparent disability are also required to undertake the same process. In other words, what applies to normal workers would apply equally to the disabled as well.
The remedy for any breach of these rules and regulations under the law lie in a civil suit for damages or re-instatement. The onus of proof lies on the person bringing the suit; and the general rules for discovery of evidence as existing the the Civil Code would apply.
None of the laws provide shelter for those with alcoholism or use of illegal drugs. drug use or alcoholism. No protection is afforded to the disabled were the employer to ask for such tests, so long as the same tests are applied to those with normal abilities.
By Law Article
July 12th, 2009 at 09:01am
Under Uncategorized
There are several Civil rights act that protect the Americans from loosing their jobs due to discrimination. These laws are Equal Employment Opportunity Commission, the Act of 1990 for Americans with Disabilities and the Act of 1967 Age Discrimination in Employment. Outlined here are some of the discriminatory factors that are protected by the law.
1964 Civil Rights Act
One of the earliest laws passed against discrimination in the place of work was in 1964 against discrimination because of the race of the employee. This meant that the worker could not be harassed at their place of work because of the racial group they belonged to or had married. Often people who married persons from a racial group that was discriminated against also ended up facing the same problems as the spouse. This was thoroughly against the Civil Rights Act and action could be taken against those who ere creating this problem for the employee.
Similarly employees could not be discriminated against because of their nationality. Once a person was allowed to work in a particular country he or she should be treated like any other employee and not give any kind of maltreatment because of his nationality and origin. Language barriers should also not arise because of the employee’s different accent. This could only be termed as a problem if the employee’s ignorance of the local language was creating a problem with the work.
Religion based discrimination
The civil rights act also takes into view discrimination because of religion. According to this act the employees should not be forced to take part in any kind of religious activity which is not of their faith, and cannot be treated in a less favorable way because of their religion. Any kind of mistreatment because of religious differences is not acceptable in places of work and employees should be given the freedom to follow their own religion.
The Equal pay act of 1963 also mentions that salaries should be paid to all the employees according to their work and no one should be discriminated and paid a lesser amount for the work he or she is doing because of any of the above mentioned categories which is disability or age, nationality, sex, religion, color or race. Salaries should also not be different for women and men especially if they are equally qualified and doing the same kind of work in similar surroundings and in the same organisation. Salaries should differ only when there is a difference in qualifications, quality and quantity of work, merit and seniority.
By Law Article
July 11th, 2009 at 09:01pm
Under Uncategorized
Compared to the other states the employees of Californian state are given more privileges under the Employment Discrimination Law. Under this law the employees have the right to find the job they like and can work provided they are responsible for it.
The Department of Housing and Fair Employment of the Californian state enforced the law of employment discrimination. By this law the employees are protected from discrimination and harassment at work.
The Californian law against employment discrimination provides protection to the employees from harassment and discrimination in several issues. Some of these issues include religion, sex, race, color, marital status, national origin, disability and age. The law also looks into the issues of refusal of leave in case of family, medical or pregnancy leaves and decent accommodations for the disabled.
The law against the discrimination of employees is applicable to those workers inside the state and to those companies which have a work force of fifty or more. The specifications of the law include:
1. Prohibition of the rule of limiting the use of a foreign language at work unless the work demands it. This means that an employee from a foreign country can talk in their native until the work demands the use of English
2. The employers are required to meet the employee’s needs when it comes to the accommodation of the ill or disabled. This means making a user friendly environment which includes desks, special chairs and ramps which can help the employees to perform better.
3. Medical or maternity leaves for at least four months are also expected from the employers.
4. The work place has to be made harassment free by the employers. The harassment includes hostile environment at work, sexual harassment and many more.
5. Prohibition of hiring people based on discrimination, meaning that the selection of workers must not be based on race or color but rather on the merits and qualifications.
6. Retaliating to a complaint or a future complaint by the worker should be prohibited.
7. The discriminated employees can get compensation and the employers will be fined. Attorney fee, reinstatement, front and even back pay are allowed by this law.
Compared to the federal regulations the California law against discrimination is stricter. The law lays emphasis on many important points compared to the federal regulations. The ups and downs of the California law against discrimination of employees end in the same point. Every person in the state can work they cannot be discriminated by the employers in any other terms other than their performance and qualifications.
By Law Article
July 11th, 2009 at 03:01pm
Under Uncategorized
Compared to the other states the employees of Californian state are given more privileges under the Employment Discrimination Law. Under this law the employees have the right to find the job they like and can work provided they are responsible for it.
The Department of Housing and Fair Employment of the Californian state enforced the law of employment discrimination. By this law the employees are protected from discrimination and harassment at work.
The Californian law against employment discrimination provides protection to the employees from harassment and discrimination in several issues. Some of these issues include religion, sex, race, color, marital status, national origin, disability and age. The law also looks into the issues of refusal of leave in case of family, medical or pregnancy leaves and decent accommodations for the disabled.
The law against the discrimination of employees is applicable to those workers inside the state and to those companies which have a work force of fifty or more. The specifications of the law include:
1. Prohibition of the rule of limiting the use of a foreign language at work unless the work demands it. This means that an employee from a foreign country can talk in their native until the work demands the use of English
2. The employers are required to meet the employee’s needs when it comes to the accommodation of the ill or disabled. This means making a user friendly environment which includes desks, special chairs and ramps which can help the employees to perform better.
3. Medical or maternity leaves for at least four months are also expected from the employers.
4. The work place has to be made harassment free by the employers. The harassment includes hostile environment at work, sexual harassment and many more.
5. Prohibition of hiring people based on discrimination, meaning that the selection of workers must not be based on race or color but rather on the merits and qualifications.
6. Retaliating to a complaint or a future complaint by the worker should be prohibited.
7. The discriminated employees can get compensation and the employers will be fined. Attorney fee, reinstatement, front and even back pay are allowed by this law.
Compared to the federal regulations the California law against discrimination is stricter. The law lays emphasis on many important points compared to the federal regulations. The ups and downs of the California law against discrimination of employees end in the same point. Every person in the state can work they cannot be discriminated by the employers in any other terms other than their performance and qualifications.
By Law Article
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