Mirror of Justice

Top Ten Elder Fraud Prevention Methods

July 19th, 2009 at 04:11am Under Elder Law

We all want to protect our loved ones from danger, but it’s impossible to be with them every moment of the day. And unfortunate as it is, scam artists see your aging Mom or Dad as an easy target, knowing full well that elderly individuals are more likely to fall for their scams. Elder fraud often goes unreported, but it’s estimated that over $40 billion is stolen from America’s seniors every year (1), and, due to a lack of proper senior citizen fraud protection in place, this figure is increasing. Families and friends are fighting back and providing their loved ones with senior citizen fraud protection tips and tools to combat these elder fraud scam artists.

‘If it’s too good to be true, then it probably is’ rings true in many instances. Law enforcement agencies often remark on just how difficult it is to bring elder fraud perpetrators to justice – once an investigator has begun looking into the scheme, the scammers are already moving on to another ploy. There’s just no way to catch them all, which means it’s up to you to help your parents understand and implement senior citizen fraud protection tactics and be on the lookout for people who wish to do them, their property, or their savings significant harm.

How can you help your parents fight back against elder fraud? Aside from a quick lesson in senior citizen fraud protection, a handy cheat sheet by all the phones or computers in the home is often the best way to avoid these common elder fraud tricks, which include the following top ten ways to beat the bad guys.

What to Include on Your Senior Citizen Fraud Protection Cheat Sheet

1. Avoid sending money or providing personal financial information. Be cautious who you disclose your bank account, credit card, and social security numbers to. Suspicious, but realistic looking checks made out for a considerable amount of money should be an elder fraud red flag. Your parents should know that if they weren’t expecting a check, it could be a fake. Tell your loved ones if they have concerns related to this type of senior citizen fraud that protection comes from asking someone they trust for help. Checks such as these are usually accompanied with directions instructing the recipient to call a phone number. The message tells the caller to send taxes on the money he or she just received through a wire transfer service. The scam, of course, is that once the recipient sends the money, their check bounces.

2. Do not speak at length with people who are unfamiliar to you – tell your parents to decline answering questions of a private matter over the phone, Internet, or at the door. Above all, the key to senior citizen fraud protection is caution. If a telemarketer who is pushing a product begins asking for too much information, tell your loved one to request the name of his or her employer, the address, and a phone number. If a caller asks to speak to the man of the house and there isn’t one, tell your mother never to indicate that she lives alone.

3. Do not sign any documents without reviewing them carefully. Your loved one can often be signed up for something he or she may not be interested in and begin receiving phone calls that solicit other products. If anything appears suspect, tell your loved one to contact his or her lawyer or a trusted friend immediately. Many elder fraud con artists will pose as door-to-door salesmen and try to sell your loved one something on the spot, introducing multiple new products and a whirl of paperwork that needs to be signed now and paid for to ’secure’ it. This potential elder fraud ploy is dangerous, because the friendly salesman is no longer some distant threat with no face; he appears to be knowledgeable and trustworthy. Tell your parents one of the most important senior citizen fraud protection tools available to them is not to allow anyone into the home they don’t know.

4. Make sure to verify all claims. One of the newest elder fraud alerts is related to home construction or improvement, and much like any other industry, scams abound. The best senior citizen fraud protection tip in this instance is to use a well-known contractor in the area. Tell your parents to request references and contact the Better Business Bureau or the National Fraud Information Center if they’re unsure. Create a contract and make sure the work is carried out to the letter; a fly-by-night scheme will probably try to talk down the contract, but if it’s in writing, your loved one ultimately has more recourse. And if the contractor wants the money upfront, tell your loved one to move on to the next choice.

5. Reach out for help before investing or spending considerable amounts of money. Tell your loved one to call you with questions about any investment that involves a significant transfer of money or shares. In many cases, the AARP (American Association of Retired Persons) can be a lifesaver; this organization regularly sends out information on the latest elder fraud schemes and offers senior citizen fraud protection tips as well as financial planning assistance and consumer rights, all of which can help your parents judiciously decide on various offers and purchases.

6. Shred all bills, notices, and personal mail before throwing them away. Information regarding your loved one’s financial situation is often retrieved by con artists from discarded mail that is not shredded (also known as ‘dumpster diving’). It’s all too easy for elder fraud scammers to get bank account and credit card numbers from statements as well as details on safe deposit boxes, ATM cards, addresses, phone numbers, social security numbers, and more. Remind your loved one that one of the most important senior citizen fraud protection tips is to tear up all mail before throwing it away. Or, better yet, give him or her the gift of a paper shredder!

7. Recognize predatory lending practices. This senior financial abuse and elder fraud practice, also known as loan fraud, is often perpetrated by mortgage brokers, appraisers, and home contractors looking for a quick buck. Seniors approach these seemingly knowledgeable individuals looking to refinance their homes, but are bombarded by fast-talking scammers who incorporate a must-act clause into the deal. In the end, your loved one will walk away with a high-cost loan with exorbitant fees totaling more than 5% of the entire amount. When talking with your loved one about predatory lending and senior citizen fraud protection tips, remind him or her that other tricks include pre-payment penalties, ‘flipping’ (when a loan is refinanced to generate fee income without providing any net tangible benefit to the borrower), mandatory arbitration, and other unnecessary additions. Don’t let your parents make this decision alone; help them be more informed consumers.

8. Avoid health insurance scams by identifying the red flags. Many lower income seniors rely on their Medicare health insurance, which is why many elder fraud scams originate here. Often, less-than-reputable medical equipment companies target seniors, offering free supplies in return for their Medicare numbers. Tell your loved one that the doctor must order and sign for all equipment and products before Medicare will pay for it. Remind your parents of the most important senior citizen fraud protection tips when it comes to health insurance, including never signing blank insurance claim forms, never providing unchecked medical authorization for billing purposes, always reviewing Medicare’s payment terms closely, never giving out their Medicare numbers to someone they don’t know, and verifying with their physician if they are unsure of a product or equipment that’s been ordered.

9. Bypass the ‘Sucker List’ altogether. Many seniors are eager to win something and often enter numerous sweepstakes, sign up for free magazines, or register for contests. Companies with elder fraud scam artists will keep records of these submissions, meaning your loved ones could end up on what is called the ‘Sucker List,’ making your parents that much more of an elder fraud target. This list usually contains not only people who the scammers believe to be a good target, but have already been successfully targeted before.

10. Just hang up. Scammers know that senior citizens are more polite, more trusting, and a lot less likely to hang up when the call becomes personal; unfortunately, elder fraud con artists take full advantage of this fact. Tell your loved one that if he or she doesn’t know the caller and questions regarding financial or personal matters come up, they can simply hang up on the caller with no questions asked. Hanging up is one of the simplest senior citizen fraud protection methods.

An Ounce of Prevention…

If your loved one has been a victim of elder fraud, please urge them to report it to the proper authorities. Falling for a scam is embarrassing to many seniors, making it one of the most under reported crimes. Their assistance in the matter can help bring con artists to justice and perhaps inspire other seniors to implement better methods of senior citizen fraud protection.

Another invaluable senior citizen fraud protection tool is helping your loved one sign up for the national ‘do not call’ registry to prevent harassing telemarketer calls. It’s a free service, and you can either call 888-382-1222 or register online at www.donotcall.gov. Another website that offers helpful senior citizen fraud protection tips of its own – www.fraud.org/elderfraud – helps fight against con artists by posting regular updates and information. Walking your loved one through potential elder fraud scenarios is as helpful as checking in regularly to go over financial transactions, bills, and emails as well as posting (in plain sight) the senior citizen fraud protection tips outlined above.

Ultimately, the only way to prevent elder fraud is through education, and this requires you to be firm on the subject, providing an insightful look into the various methods of senior citizen fraud protection. Caution is always the key to protection, and your loved one should be provided with a list of helpful sources to contact for additional information, including the National Consumer League’s Fraud Center, AARP, the Better Business Bureau, and Consumer Action. Above all, make sure your loved one always knows who he or she is dealing with in the course of transactions or investments. And, as always, it’s important to remember that an ounce of prevention is worth a pound of ‘cure.’

Sources

1. http://www.fraud.org/elderfraud/eldproj.htm

Few Steps for Deciding Which Dui Attorney you Want to Hire?

July 19th, 2009 at 03:03am Under DUI Law

Types of DUI:There have been many attempts to find advance indicators of who will drive when impaired by alcohol. The most well-established predictor is prior driving under the influence (DUI) arrests. Also, people who injure others or who have been injured after drinking will have more DUI convictions (Buntain-Ricklefs et al., 1995). Those with more total moving violations and more prior convictions of all kinds have more repeat DUI offenses (Peck et al., 1994). Those who refuse blood alcohol concentration (BAC) tests or have higher BAC test results also have more DUI offenses (Marowitz, 1998). The alcohol ignition interlock is a device installed on the cars of some DUI offenders that requires a low-alcohol or alcohol-free breath sample before the ignition unlocks and allows an engine to be started. Studies in the United States and Canada have shown that the interlock reduces DUI (Beck et al., 1999; Coben and Larkin, 1999; Marques et al., 2001a; Voas et al., 1999). The interlock has also been reported to be a good predictor of DUI risk (Marques et al., 2001b). The BAC lock point for the interlock is stipulated in state or provincial law. Typical lock points range between .02% and .04%. The U.S. national guidelines (National Highway Traffic Safety Administration [NHTSA], 1992) recommend .025%; Alberta Canada uses .04%. The interlock’s recorder logs the time and result of all breath tests. The early months of interlock BAC tests predict repeat DUI offenses years later, after the interlock has been removed (Marques et al., 1999, 2001 b). A variety of DUI predictors have been studied, but, unless these are available to court or licensing authorities, they have little practical value. For example, information about drinking patterns has been shown to be predictive of DUI risk, but motor vehicle or court authorities tasked with imposing sanctions do not usually have access to this type of information. For new knowledge to usefully inform policy and lead to lower public risk exposure, it should be accessible to those who decide whether to reinstate driver’s license privileges or continue with sanctions that restrict those privileges. Personal history, adverse drinking consequences, family history of drinking, places of drinking and types of preferred beverages help researchers understand the characteristics of repeat DUI offenders but cannot sharpen sentencing decisions if this information is not in a driver’s file. Unlike some of our earlier work, all data reported here are available to sanctioning authorities in jurisdictions where the alcohol ignition interlock is in use. Alcohol is a factor in 43% of all crash costs (Miller et al., 2002), but alcohol-impaired drivers are hard to detect. Accordingly, a DUI arrest is a low-likelihood outcome relative to the prevalence of drunken driving.

The Penalties of DUI Accidents: Driving under the influence can mean driving under the influence of drugs, alcohol, or both types of substances. No matter what type of substance is used in an offense, driving under the influence can cause serious injuries and property damage. In most states, DUI (or DWI as it is called in some states) is a misdemeanor charge. But, this can change if aggravating factors are present or if you’ve had multiple convictions within a specific time period. Aggravating factors can include injuries or property damage caused by DUI accidents, having a child in the vehicle while the offense is being committed, or having a blood alcohol level that is considered extremely high. Being knowledgeable about the consequences of DUI accidents can help you to better understand DUI law and perhaps help you avoid serious criminal charges.

How to choose a DUI Attorney?Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case. Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience. The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer. Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you. A few questions you may want to have on the list you make are:

1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)

2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)

3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).

4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)

These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire.

Drunk Driving Accidents

July 19th, 2009 at 03:03am Under Drunk Driving Law

Impaired driving contributes to a large portion of auto accidents, and, while it is only one of many forms of impairment, drunk driving is involved in nearly 40% of all auto accident fatalities. DUI laws have become much stricter in recent years, and the number of fatalities has gone down, but that drop seems to have hit a plateau. Even with the strict penalties we now have, drunk drivers continue to drive while impaired even after they are caught and punished. Repeat offenders account for about one-third of DUI convictions.

Blood alcohol concentration (BAC) is usually the primary piece of evidence relied on in drunk driving cases. All states have adopted a legal limit of .08 or less for adults. Some drivers, such as commercial drivers and minors, must adhere to a much lower legal limit.

Criminal vs. Civil case

If you or a loved one has been injured or killed in an accident caused by a drunk driver, you will be pursuing a civil lawsuit. In most cases there will also be criminal charges against the drunk driver. Although restitution payments may be ordered in the event of a criminal conviction, the civil and criminal cases are separate.

Conviction, in a criminal case, requires a much higher standard of proof than what you will need to establish in a civil lawsuit because a civil lawsuit does not put the defendant at risk of serving jail time.

Even though the cases are separate, a criminal conviction can lend credibility to your civil case, and some of the evidence collected for the criminal case may be available for use in your civil suit, such as BAC.

Responsibility

Proving responsibility is the key factor in any civil suit. Many types of impaired driving, such as fatigue, can be very difficult to prove. Drunk driving is the easiest type of impairment to prove. Unfortunately, because drunk drivers are often repeat offenders or minors, they are often uninsured, meaning that even if found responsible, they simply do not have the money to compensate you for your injuries and losses.

However, in certain cases, the drunk driver is not the only responsible party. Under certain circumstances responsible parties may include:

· Bars, restaurants, or liquor stores that sold alcohol to an already intoxicated person

· Adults who provided alcohol to a minor

· Employers who required or allowed an employee to operate a vehicle for company purposes while intoxicated

Find Out if Uncontested Divorce is the Best Option for you

July 19th, 2009 at 03:01am Under Divorce Law

Nobody goes into a marriage looking at the reality of divorce a few years down the road, but it happens with many marriages these days. The first thing you need to do is make sure that both you and your spouse have agreed that divorce is your best option. In some states, divorce law mandates that both of you attend marital counseling sessions before divorce proceedings can start, so be aware of the requirements in your state.

If both you and your spouse agree that divorce is your best option, and that marital counseling is just going to delay the inevitable, then you may be a candidate for what is known as an uncontested divorce. Are any and virtually all assets that you jointly own able to be easily divided, where you and your spouse can mutually agree on how to divide them? If so, then an uncontested divorce might be your easiest option and your most cost effective option.

But one of the things that you must make sure you fully understand is the divorce is final. It is not like a trial separation where a couple separates for awhile to understand how life works for them without the other one around. Sure, you can change your mind before the proceedings are finalized, but that is going to cost you even more money, not to mention the personal time you will have used to get to this point.

The other thing you need to fully understand is exactly what is meant by the term uncontested divorce. Generally speaking, it means that both parties agree that a divorce is their best option and nothing will be argued about, either in terms of the divorce itself or in the division of assets. Typically, a couple who is doing an uncontested divorce may have already split their assets and may not even be living together, so the divorce for them is almost just a formality.

Should you do it yourself or consult with a divorce lawyer? A lot of the answer to that question is how far you trust your spouse. If it is truly uncontested and you are 100% confident that no skeletons will jump out of the closet during the proceedings, then you can probably do it yourself and save some money. But if you do not have that level of confidence, even though on the surface it would seem that the divorce would be uncontested, you may want to protect yourself by consulting with a divorce lawyer first.

A good divorce lawyer may be just a consultation or two, where the lawyer lets you know what your rights are and what you can expect. If you truly expect the divorce NOT to be uncontested, you may want to consider actually hiring the lawyer to be with you every step of the way. While the latter option is of course going to cost you more, consider how much more it may cost you if your spouse pulls a rabbit out of the hat during the proceedings, where you are not prepared for something which is going to definitely turn out to NOT be an uncontested divorce. This is a judgment call on your part, but especially in financial terms, it may be better to err on the side of caution to ensure that you do not get hosed in the process.

If you do use a lawyer, do your research carefully. Make sure that the lawyer you choose is familiar with divorce law in your state, and has experience with what was expected to be an uncontested divorce and actually turns into something else. Every situation is different, so be cautious of divorce lawyers who suggest a cookie-cutter approach.

Since you are considering divorce, things have not been good up to this point. Make sure that you do everything you can to make your divorce go smoothly and allow yourself to restart your life on the right foot.

Employment Law Cases – Identifying Trends

July 19th, 2009 at 03:01am Under Uncategorized

Presently, there are a lot of changes occurring with employment law governing us. These changes may have dramatic impacts on us and other various areas. What the courts are handling down now can create a whole lot of different scenarios.
Although on a daily basis we will not exactly bother ourselves with employment laws and their implications, it will do well if we take a look at them. There are sites which offer an overview with these employment laws- they provide the necessary summary and meaning of these laws. Summaries can be very useful rather the official versions of these laws. They tackle the laws directly and provide the highlights on the matter.
Here we provide some of the highlights of some employment cases. For further details on the cases you could look for AARP v. EEOC (3rd Cir. 2007).
In reality, employers and employees should be able to create and make health plans for retirees and other rewarding programs for early retirement so that the retirees would be able to enjoy the Medicare benefits when they are still most suited to. This matter can be very important to anyone even you for the fact that more and more employers are providing benefits for retirees especially on health. Companies are resulting to this for higher profit. Health care costs are becoming increasingly expensive nowadays. The gist is that if they would be able to lessen these health benefits without stepping on some federal age discrimination laws.
There are many cases that are available are normally old and thrive more on ratio decidendi – meaning the precedents they set for case law across the nation. Ratio decidendi is the reason behind most of the decisions of a case.
Another major employment case that is now gaining attention is when key employees go up against the firm they left. There is a significant verdict in this area in this case: Aero Fulfillment Services, Inc. v. Tartar (Ohio 2007). This set for the rights as well as the limitations of employers have when these key employees leave. With this employers are granted steps where they can take when their employees leave. These steps are: company trade secrets, confidential information and customer retention/fishing. These cases can help you learn a lot when it comes with US labor laws and the likes. It may not be useful for this time but chances are you can would be able to make use of it in the future.

Reminiscing the Social Security Law in the US

July 19th, 2009 at 03:00am Under Disability Law

It is the Great Depression of the ‘30s that necessitates the creation of a Social Security program in the US. Poverty reaches its highest peak among older citizens that time and something has to be done.The Social Security Act, which is considered the first Social Security law, was drafted under the administration of President Roosevelt. It was signed into law on 14 August 1935.The act addresses many issues, amongst which includes:• Old age• Poverty• Unemployment• Survivors• DisabilityThe Social Security Administration (SSA) is the government agency tasked to administer the program. Later on, it added health insurance benefits in the scope of the Social Security under the Medicare program.Generally, benefits under the Social Security law are paid based on the workers’ employment record and social security taxes or contributions.The Social Security Act evolved during the past years as new social and economic issues emerge. Changes were made to provide more protection and coverage for the Social Security members.The so-called OASDI or the Federal Old Age, Survivors and Disability Insurance pays monthly benefits to the following qualified individual/s:• Retirees• Family of a deceased worker• Unemployed worker due to illness• Unemployed worker due to accidentNowadays, the major coverage handled by SSA, where qualified members are entitled to benefits under the Social Security law, are the following:Retirement benefitsThis benefit is given to a worker who worked and paid Social Security taxes upon retirement. The worker earns credits during the time he was working. His entitlement to benefits and the amount thereof will be based on his earned credits.The number of required credits depends on the year the worker was born. If he was born in 1929 or later, he will need 40 credits or an equivalent of 10 years of work.The amount receivable will also vary depending on the worker’s retirement age. If he opted to retire early at the age of 62, his benefits will not be as high when he retires at older age.Disability benefitsThe SSA pays disability benefits under two programs: The Social Security disability insurance (SSDI) and the Supplemental Security Income (SSI).SSDI is paid for people who were incapacitated to work because of a medical condition that is expected to last at least one year or result in death.Members of the family of a disabled worker can also benefit under this program.It is SSI program which will be applied for payments to people with low income who are 65 years of age or over or are blind or have disability.Survivor benefitsLike retirement benefits, survivor benefits are based on the accumulated credit earned by a worker, during the time he was working and paying Social Security taxes.The family of a worker is entitled to receive this compensation in the event the working member dies.MedicareThis is a health insurance program available for people 65 years of age or older. It is also available for person under the age of 65 with certain disabilities and any age with permanent kidney failure requiring dialysis or a kidney transplant.To know more information regarding social security benefits and other claims, you can consult with our experienced Los Angeles social security lawyers. You can visit our website to avail of our free case evaluation.

What are Consumer Protection Laws?

July 19th, 2009 at 02:57am Under Consumer Law

Consumer protection laws are certain laws put into place to protect the consumer from fraud or unfair practices. Of course it is only fair to go to the trader with your complaint at first. But if you cannot get satisfaction after speaking and writing to the company, then you should contact Consumer Affairs in your state. Always keep records of all phone calls and copies of letters sent to the trader. When contacting Consumer Affair, you will need to do so in writing (after your initial phone call) if you want action taken. While it may seem to be a lot of trouble, it is wise to persevere rather than let unscrupulous traders get away with illegal actions. Consumers have a right to expect certain standards when they buy goods. This includes the price and weight of the goods, performance and safety requirements and the care required for washing garments. They also have a right to be protected from unfair advertising claims and high-pressure selling.So if you buy a product that does not perform in the way it should, or if it is different to what is stated on the outside of the package, then you have recourse through consumer protection laws to either get a refund or have the product exchanged for the correct one. In most cases, it is necessary to produce your receipt, so be sure to keep it until your product is proven to work.Of course it is only fair to go to the trader with your complaint at first. So if you buy a product that does not perform in the way it should, or if it is different to what is stated on the outside of the package, then you have recourse through consumer protection laws to either get a refund or have the product exchanged for the correct one. In most cases, it is necessary to produce your receipt, so be sure to keep it until your product is proven to work. But if you cannot get satisfaction after speaking and writing to the company, then you should contact Consumer Affairs in your state. Always keep records of all phone calls and copies of letters sent to the trader. When contacting Consumer Affair, you will need to do so in writing (after your initial phone call) if you want action taken. While it may seem to be a lot of trouble, it is wise to persevere rather than let unscrupulous traders get away with illegal actions.

We Should Have a Review of our Constitution

July 19th, 2009 at 02:56am Under Constitutional Law

We should have a review of our Constitution.

Dalip Singh Wasan, Advocate,

Formerly employment Officer P.E.S. II.

E.Mail. dalipsinghwassan @ Yahoo Co.In.

We must accept that our Constitution had accepted all good items available in Constitutions of other countries and therefore, it is a comperhensive document and shall be guiding us for all the times to come. We have been conducting review and there had been some amendments in this Constitution. Still we need more amendments because uptil now we could not provide that only competent people should come forward in the houses. We could not provide maximum age uptil which they shall be in the houses. It would have been better if people who are more than 70 years age should not be present in the house and we should have abolished all the state level legislative assemblies because one Parliament is enough to represnt us. We are one country and we have got one types of our problems and the situations and conditions are also the same. We have got one nation and when we have a deep look, all the provinces have created so many problems for us. These units have given birth to religious and regional political parties and now these parties are taking more than due place in the centre too. Had there been one Parliament in this country, there were chances that there could have been two to three political parties there were chances that these parties would have taken competent people in them. All and sundary would not have been allowed to enter these two to three parties and there were chances that these parties would have adopted the path of giving us shadow cabinets and we, the people of India would have been given a chance to elect ministers direct. The present system of appointing ministers by the Prime Minister is not healthy because here we are obliged to appoint ministers as their share in the government and merit is no consideration. That is the reason there is no unity in the cabinet and they just work. Since ministers are not appointed on the basis of merits, they are not in a position to hold charge of people working under them. Rather they work under the bureaucracy and in most of the cases orders are passed by the bureaucracy and signed by the ministers. Such government cannot be called a

democracy.

We should think of establishing one Public Service Commission for the whole country and similarly there should be Subordinate Services Selection Board for whole of the country. We should see that the Employment Exchanges are also allowed to function and if candidates appointed through these agencies are found fit their services should be regularised without rooting them thrrough the Subordinate Service Selection Boards. Recruitment to all offices should be made through these agencies and even establishments in private sectors be invited to utilise the services of these organisations. We should not disturb and put into difficulties our unemployed people and they should be tested once and given job as per their performance in the competitive test.

We should abolish all schools and colleges which are estrablished on religious basis and there should be educational institutions as national institutions and none should be allowed to preach his own religion through these institutions. We should limit the religious institutions in the country their numbers be fixed by the state and the state must have an eye on these institution so that they may not be giving birth to fundamentalists who can cause danger to our unity and integrity.

We should have one law for the whole of India so that the people must be in a position to understand law and they also start believing that people of one part are not better placed. Whole of India must be open to all of us and none of the state be allowed to see that people of its own area are getting jobs under the state and people from other states are not allowed to participate in competitions.

We should ensure that each one of us has got proper education, proper training and proper adjustment at work from where each one is carrying adequate income with which he is able to run his family administration. We are more than 100 crore in number and therefore, we need a working force of about 40,00,00,000 and if such an assessment is carried out, we shall be short of workers. There had been some defect in our plannings that we could not develop such a structure in which each one of us should have been at work and none should have been dependant upon others.

We may allow to the people religious libirty, but time has come when we shall have to see that people who are living on charity should not be allowed to increase in number. even to day this number is on higher side and we must try to see that no one is allowed to live on charity alone and everyone should be at work because when a nation has got a large number of people living on charity, more and more people shall be joining this line and thus burdon on working people is increased and this is not a healthy sign. We should have an introspection and must see that this number is decreased.

We should see that people of one religion should not be allowed to concentrate on one place. They must be asked to disperse and locate themselves amongst people of other religions because people of one religion are located at one place, they start demanding something which our Constitution dies notallow. We should have one common civil code in which system of marriage and divorce should be one and similarly we should be having one succession law with us. We should see that the family should be bound to look after the infirm and old people and every child must get proper education and proper training. The nation must look after the child through his or her parents, but none of them should be allowed to go astray.

Till we have one spirit, we shall never become a nation and till we attain the status of a nation all these terrorism and riots shall be hampering our progress and we shall remain a backward country. Therefore, we should see that each one of us must get all these fundamental rightws automatically and is not is compelled to fight for these rights in Courts.

Construction Accident Lawyer Pennsylvania : Determine How to Go Forward With Your Case

July 19th, 2009 at 02:56am Under Construction Law

An accident can occur at any time, in any place, anywhere, therefore it is important to understand how and why accidents occur. There are an infinite amount of different types of accidents, therefore it is almost impossible to plan for and take care of all these different types of accidents. However what we can do is classify different accidents and take it from there. One of the most common and more risky types of accidents are construction accidents. The thing about construction accidents is that they can occur in any state no matter what laws are governing the process. Construction accidents occur when people are not adhering to safety standards. Safety standards are what governs the practices that construction workers can and cannot do and in what form. Also, equipment issues are of grave importance when it comes to construction accidents. Like in any profession if you do not have proper equipment you cannot do your job efficiently, correctly and safely. Safety and Equipment go hand in hand, without one you cannot have the other. If you have been harmed at your worksite, contact a construction accident lawyer in Pennsylvania.

With the amount of land the east coast offers, the amount of construction follows. Even in the state of our economy, construction work is still being done to repair and refurbish older buildings that are not providing any value to its owners. Therefore construction workers are not only being subjected to poor safety standards and sub standard equipment, but they are also responsible for fixing another man’s mistakes. When refurbishing other construction sites, there are certain hazards present that are normally not there when starting on a new project. The state in which the existing structure is in can pose many threats to those working on the project. Issues such as a poor structure, inadequate framing, and lose hinges could make for a very dangerous work setting. If you have been harmed while refurbishing an existing structure, contact a construction accident lawyer in Pennsylvania as soon as possible.

When it comes to matters of safety, no one can be too careful. However if you tell this to the big shots in the construction industry they might look the other way. However, construction companies do vale reputation and they are not going to achieve credibility by not focusing on safety. Sometimes it is at the fault of a couple people who use incentives to make inspectors swing their way. This type of behavior is endangering the lives of everyone at the construction site. If you have been injured due to a lack of safety requirements, contact a construction accident lawyer in Pennsylvania. For they have the expertise and knowledge in dealing with large corporations and insurance companies. Construction accident lawyers in Pennsylvania are willing to discuss your case with you and determine how to go forward with your case. If you have incurred high medical bills, a loss of wages, or even emotional distress contact you may be able to file a claim gaining all of those expenses back.

Information Technology Law

July 19th, 2009 at 02:55am Under Computer Law

IT laws are set of legal enactments adopted by various countries in the present day. This relates to a well-channeled movement of digital information. IT laws deal with various dimensions of Information Technology. It includes computer software, access to digital information, access to software, protection of software, fire walling and proxy server set ups, confirming to the norms of internet usage and keeping the domain of e-commerce clean. Information technology is a huge domain. It creates quite many chances for humans to benefit but at the same time imposes a lot of evil within its territory. The hackers and internet criminals thrive on the feeling of searching loopholes. This endangers the entire IT network. The rut is all-pervasive. The social networking sites are in danger. The educative institutions and corporate workplaces are in peril. Hackers are all there. They can intend to malign a person or an organization for some personal vengeance. They can do it on behalf of somebody for money or the most contorted ones do it for the sake of sadist pleasure. This has forced countries to upgrade their IT law structures to efficiently combat cyber crimes and crime within the broader domain of information technology. Apart from the global laws relating to IT, many countries are also forming individual laws relating to such crimes. Few years ago India strengthened its commitment against such dubious crimes by passing the Information technology act 2000. It aims at barring any individual or organization from misusing or subverting computer terminals and network places belonging to the Indian Territory. It also bars similar misuse outside the country’s territory when the set-up is being owned or run by an Indian. The misuse can relate to the broadest and narrowest thread of information Technology. Reformed IT laws of today have necessitated certain amendments. Few additions that it has brought to its territory are: · Electronic Signature In Global And National Commerce Acts · Uniform Electronic Transactions Act · Uniform Commercial Code · Digital Signature And Electronic Authentication Law The idea is to tap the destructive movement of hardened internet criminals. Few lawyers in Munich are working on stronger precepts of Information Technology laws presently. Hopefully something more stern and concrete should come out of their endeavor.