Archive | January, 2010

Law school Q&A

What government organizations/companies will pay for law school? none:( – Probably none. Organizations pay to fund candidates in fields that need more people. You can’t throw an ambulance without hitting a dozen lawyers nowadays. – The Army, if you agree to become a JAG. Some businesses will if you’ve worked for them long enough and they see that.How can a Canadian lawyer practice in TX? can they just sit for the bar? or go thru school all over? I had a student who was an attorney in the Phillipines.

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Posted in Criminal Law

Managing Contracts and Liability – Law of Mistake in the UK

Introduction

Mistakes at law may affect the validity of the formation of a contract. The effect of a mistake on the validity of a contract depends on the type and nature of the mistake made. The general rule is that where a mistake has been made by the parties, at common law the contract may be deemed void, as if the contract had never existed. Equity takes a more flexible approach in that contracts containing certain mistakes may be treated as voidable, where either party can terminate the contract. However, a fundamental mistake, often referred to as an ‘operative’ mistake, may render a contract void.

1. Common Mistakes

Where a common mistake occurs, the parties appear to be in agreement, but have entered into the contract under the same misapprehension. Where such a mistake is fundamental to the contract, it may be ‘void ab initio’ (void from the very beginning). In the case of Bell v Lever Bros (1932), it was held that for a common mistake to be operative the mistake ‘must go to the root of the contract’. Read More

Posted in Legal

Reforms in Govt policies regarding foreign investments

The Foreign Private Investment Act of 1976, “FPIA” has been passed to promote and protect foreign private investments in Pakistan.  FPIA provides protection to foreign investors with respect to their industrial activities established in Pakistan in or after September 1954. Industrial activities are defined in FPIA as entities involved in the production, distribution or processing of goods.  FPIA exclude the Federal Government from acquiring foreign capital or foreign investments in an industrial activity except under due process of law which provides for adequate compensation to be settled in the currency of the country of origin of the investments.  FPIA support the principle of Equal Treatment where equal treatment will be accorded to local industrial undertakings and those with foreign ownership in the application of laws, rules and regulations relating to import and export of goods.  FPIA, most importantly, subject to some broad limitations, authorizes the Federal Government to open up new areas in the country for foreign investments.

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Posted in Law Articles

Charged With Criminal Trespassing Charges Hire Criminal Defense Attorney Now

One can be accused of criminal trespassing charges if they masquerade into a private property without any intimation to and the permission of the owner. This may result in levying of the misdemeanor charges or legal apprehensions upon the trespasser. If repeated, these may amount to severe charges of a felony. In such circumstances, it is advisable that for the accused to seek refuge with a Criminal Defense attorney to get legal assistance. Anyone convicted for trespassing, may have to pay significant fines. To add more these charges may darken the reputation of the accused forever.

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Posted in Criminal Law

Marketing For Law Firms Via Attorney-Client Matching Services – Part I

What are these new attorney-client matching services? Who are the players? What do they cost? What is the risk to me? What is the return for me? What is the buzz on them? Are they ethical as marketing for law firms? Will they save me money and are they for me? Will they get me clients I would not have otherwise?

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Posted in Legal

False assurance

False assurance

By   Vikash Anand

A few days ago Indian Prime Minister Manmohan Singh stated during an election rally in Assam: “We have been assured that Pakistan’s nuclear weapons are in safe hands as of now”.

This statement shows how much immature in diplomacy Indian Prime Minister is. If it doest not show diplomatic   immaturity, then one thing might be possible that Prime Minister is not aware what is happening in our neighbourhood. Both immaturity and unawareness are dangerous for a country which has independent foreign policy.

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Posted in Law Articles

What Is A Criminal Defense Lawyer

What is a criminal defense lawyer? He or she is a legal professional who organizes a case in order to represent a client who is accused of a crime.These crimes include sex, drug and violent offenses which are things that are not approved by society as seen in this country’s laws.The job now of the criminal defense lawyer is to fight for the client by defending the client in open court in a jury of their peers. In some cases, this person is successful when the jury gives a verdict of not guilty.

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Posted in Criminal Law

When They Just Won’t Get It Sorted, Call On The Lemon Law

The automobile lemon law is designed to protect consumers from irreparable manufacturer’s defects in vehicles that should be covered by a car service contract.

Back in 1972, when purchaser demand for consumer protection started to swell, more than 1 million people were found to have paid for vehicles that had many problems that dealers could not, or would not, repair. Connecticut and California were the first states to implement an automobile lemon law, and other states were quick to follow. Today, with the increased accountability demanded by these laws, the number has dropped to about 100,000 new cases a year.

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Posted in Legal

Lessons from Gojra Tragedy

The Gojra Tragedy is another shameful incidence of religious intolerance and violence in Pakistan. This is not the first time that the majority class has physically expressed their aggression against religious minority groups in this country. The history of Pakistan is replete with incidents of Shia-Sunni clashes and oppression of weaker, peaceful minority groups such as Christians, Qadianis, Hindus and Sikhs by the Majority Muslims.

In almost all these cases of oppression and violence the minority classes were accused of blaspheming against Islam and in almost all the cases the evidence of blasphemy could not be proved.

Pakistan claims itself the fortress of Islam and a country that follows democratic norms.  The religious scholars claim that Islam is a religion of “tolerance and peace”. While there is no doubt regarding the legitimacy of this claim, the question arises why all hell always lets loose on peaceful and handful of minorities which are the bon-a-fide citizens of this country since the very birth of this land whose founder very categorically said that all the people of the country are equal citizens irrespective of religious affiliations.

Although the constitution of Pakistan guarantees equal rights and opportunities for all the citizens of the country and it guarantees peace and security for all the citizens, in practice it has never been implemented. Although we claim that we are a democratic country, we cannot deny the fact that the moment we call ourselves “Islamic Republic of Pakistan” the concept of democracy dies there and then for all those who do not conform to the tenets of Islam. Democracy cannot practice when the state and its government is based upon religion. The moment we say Islam is the religion of the state the process of discrimination starts. That is what is happening in Pakistan ever since its birth as a state. Every application form requires the applicant to declare his/her religion. Every Pakistani passport must state the religion of the passport holder. Therefore the claim of equal rights to all citizens is a hoax and not a reality.

Whatever measures the government adopts to provide safety and security to the citizens belonging to minority sects they are unlikely to have any remedial effect on the mentality of the people unless the psyche of the whole nation is changed. The overall psyche of the people of Pakistan will change only when the overall educational system is overhauled and made acceptable to the people irrespective of the faith and sect they belong to. We have forced religion in everything that a student is required to do. Take any book prescribed in the educational curriculum, be it of social studies, Urdu and English languages and literature or sciences and now even in the books of Psychology you will find that religion is an important part of the text. Thus, religion and Pakistan have been made conditioned with one another. Our educational books, when giving the background of the development of Pakistan movement and the birth of Pakistan, emphasise the element of “hatred” between Hindus and Muslims as the only reason for the creation of a separate homeland.  How can we allow “hatred” to be taught in schools polluting the minds of innocent students who are going to be future members of the international community? Have we ever thought what are the reactions and feelings of those students and their parents who are non-Muslims?  Our education system is completely soaked with religious colour in support of one single group of people, i.e. Muslims and Muslims only. Under such circumstances, how can we claim ourselves to be a nation at par with international community?

The educational systems across the world are fast turning towards secular, liberal systems free from any religious affiliation. The Ten Commandments have been removed from the Supreme Courts of the USA. The Lord’s Prayer is no more a part of the morning assembly in the schools in US, Canada and several other Western educational institutions. The Western educational systems are becoming secular in order to be acceptable to a student of any creed or class. That is what education is and should be. Anything other than this is not education but propaganda.

In our society, religion is an essential and important part of the state. It is an undeniable fact that the religion of the State of Pakistan is Islam. That is why it is enforced through the edicts of the country’s laws. Over here religion, instead of being a personal or private matter, is considered a public matter of prime importance. The laws of the state must ensure that everybody adheres to the tenets of religion. In a few days time the whole nation is going to go through 30 days of fasting in the month of Ramadhan. Anyone found eating or drinking during the daytime in Ramadhan will be punishable by law. No restaurants are allowed to open and cater even for those people who do not fast. Have we ever thought “what are the rights of those citizens of the country who are non-Muslims” or who choose not to keep fast just because they are liberal thinkers? They will also have to go hungry and thirsty when out of the house in the city for any important errand. I personally went through such crisis once when I visited another city during Ramadhan. I had no place where I could go to eat and drink. I was almost sick and about to faint with dehydration and physical exhaustion. The situation forced me to think: “what are my rights as a citizen of Pakistan”? Why was I forced to suffer? Was it just because I am a member of religious minority, non-Muslim, liberal or progressive thinkers’ group?

The bottom-line is that our educational and legal systems need revolutionary changes. The US society adapted to the multi-racial and multi-religious requirements of its country through liberalizing and secularizing their education. So did all the Western societies. Unless we do away with those elements that breed discrimination and let the minorities feel that they are equal and rightful citizens of our country, we shall not be able to stop these acts of sectarian violence. Unless we make the education of our country acceptable to all the citizens irrespective of faith and creed, unless we bring about changes which prove that our education is education and not propaganda supporting one religious class and one political philosophy we shall not be able to inculcate the atmosphere of love and affinity between the people of different faiths and creeds.  If we do not make our country a secular state the minorities will always remain minorities and the heinous acts of violence, arson and killings will continue.

I have worked as an academic psychologist in various colleges of Pakistan. I am currently working as a teacher of special needs students.

Posted in Law Articles

A Brief Note about Houston Criminal Lawyer

When it comes as a criminal case, it is considered as a much more complex as compared to other cases. Criminal law charges a prosecution of an individual for an act, which come under the category of crime as described by the government. If you want to successfully get out of criminal case in Houston, Houston criminal attorney is the person to seek for. Felony and other sort of criminal case have punishment for prison for more than one year, whereas misdemeanor is punishable by a prison for some months. As the criminal laws differ from state to state, Houston criminal defense lawyer would master in laws applicable in Houston. It is always necessary to have an experienced and competent Houston DWI attorney to have a brighter chance of winning or settling the criminal cases in Houston. Good Houston criminal attorney can represent anyone charged with some criminal offense and can also negotiate to arrange for lesser charge or sentencing. A competent Houston DWI lawyers formulate sentencing punishments those are most in client’s favor. Houston criminal lawyer provide their defendants with a knowledgeable, impartial and objective summary of the criminal allegation. The summary plays a significant role in the suspect’s conclusion whether to go into a plea bargaining.Houston DWI attorney are good criminal lawyers, well versed with essential legal rules and they are also familiar with several court customs and functioning. They also have a special skill-set to find out the hidden costs in a plea bargaining for criminal case. Houston criminal defense attorney also garners useful info from the prosecution informants. Usually, most of the crimes can be divided into two elements –the action and the mental state. Houston criminal attorney helps in evaluating and understanding each of them to sort out the problem. Houston DWI attorney successfully deals with prosecutors in court and proves a suspect innocent making him or her free of charges. In Houston, like all other places, the Constitution provides criminal suspects with rights to choose and hire Houston criminal lawyer. Houston criminal lawyers are well versed with all the criminal provisions of the local, state and federal governments. Like other places, the procedure to charge someone under criminal act begins with an arrest or reference that summarizes the reason for the arrest. Copies of all reports are sent to an attorney’s office that leads and prosecutes such cases. Once the prosecutors have got all the evidences, the court proceedings start.While hiring Houston criminal attorney, one should how much experience the attorney has in criminal laws, and the success report of the lawyer in similar cases. Also, it is better to ask the lawyer about all possible outcomes of the case. For example, could arbitration or intermediation fix up the case? Finally, what is an approximate amount of the total bill, and what are the other overheads?

Posted in Criminal Law

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