By:
REHAN RAUF ADVOCATE
M.A. (Political Science)
M.A (History)
P.G.D.E.L., LL.B (Punjab University)
E-mail: DJREHAN103FM@YAHOO.COM

1.      PRELIMINARY NOTE

Human rights are sometimes called fundamental rights or basic or natural Rights. Fundamental or basic rights are those, which must not be taken away by any legislature, or any act of government and which are often set out in Constitution. Human rights refer to the “basic rights and freedoms to which all humans are entitled.” Examples of rights and freedoms which are often thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and social, cultural and economic rights, including the right to participate in culture, the right to food, the right to work, and the right to education.

The Magna Charta or “Great Charter” was one of England’s first documents containing commitments by a sovereign to his people to respect certain legal rights. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”

2.      Views of philosophers about human rights

• J, E.S Fawcett, The law of nations (London, 1968) P, 151

“Human Rights are common rights, for they are rights which men or women in the world should share”

• Lauterpacht. International law and human rights, P. 152

“Human Rights are not created by any legislation, they assume the position of natural rights”

• MC Dougal. Human rights in the United Nations, Vol.56 (1964), P.604

“International concern with human rights is not a modern innovation. It is in fact, heir to all great historic movements for man’s freedom”.

1. 3. HISTORY OF HUMAN RIGHTS

This history of human rights covers thousands of years and draws upon religious, cultural, philosophical and legal developments throughout recorded history. Several ancient documents and later religions and philosophies included a variety of concepts that may be considered to be human rights. Notable among such documents are the Cyrus cylinder of 539 BC, a declaration of intentions by the Persian emperor Cyrus the Great after his conquest of the Neo-Babylonian Empire; the Edicts of Ashoka issued by Ashoka the Great of India between 272-231 BC; and

• The Constitution of Medina of 622 AD, drafted by Muhammad to mark a formal agreement between all of the significant tribes and families of Yathrib (later known as Medina), including Muslims, Jews and Pagans.
• The English Magna Charta of 1215 is particularly significant in the history of English law, and is hence significant in international law and constitutional law today.
• Declaration of the Rights of Man and of the Citizen approved by the National Assembly of France, August 26, 1789

Much of modern human rights law and the basis of most modern interpretations of human rights can be traced back to relatively recent history. The British Bill of Rights (or “An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown”) of 1689 made illegal a range of oppressive governmental actions in the United Kingdom. Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789), leading to the adoption of the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen respectively, both of which established certain rights. Additionally, the Virginia Declaration of Rights of 1776 set up a number of fundamental rights and freedoms.

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All About Pat 101 – Whodini – Big Mouth 102 – 2pac – Definition Of A Thug 103 – Da Brat – Sittin On Top Of The World 104 – Thug Life – Shit Don’t Stop 105 – Too Short – Top Down 106 – Snoop Dogg – Upside Ya Head 107 – Snoop Dogg – Upside Ya Head (Intrumental) 108 – Snoop Dogg – Upside Ya Head (Intrumental) Side B: 201 – Freestyle – RIP Pat Lemmon 202 – 2pac – Krazy 203 – E-40 – Things Will Never Change 204 – 2pac – I Aint Mad at Cha 205 – DJ Quick – Summer Breeze, 206 – Above the Law – Definition of a G

Tort law is a streamline of law which covers issues of civil wrongs like defamation, trespassing and the other actions involving law violations. Incase a person has undergone a physical, legal or any economic harm then he can a file a suit under the tort law. If the suit is valid and the defendant of the case loses the case then in such a case the complainant can be compensated with the damages for the loss which he has faced. The majority of the tort cases are handled with the regional, state civil codes and these laws specify the limits on the damages and the limitation of the tort cases. The tort laws are categorized on three broad classes viz: negligent torts, intentional torts and the strict liability torts. Negligent torts are the cases which occur due to negligent behavior and the failure to perform any task with due diligence. An example of the negligent tort can be when a person in the course of playing cricket cracks down the glass of the living room of an apartment. The unethical medical practices and any other forms of professional negligence fall under the category of negligent torts.  The second categorization of tort law viz intentional tort is the wrong which have an intentional attempt to harm the other person. Examples of the intentional tort are defamation, fraud and false imprisonment. The strict liability torts are the wrongs specific to the products offered by a company, for example consider the fact if you have purchased a peeler and operated it according to the instructions as give and on operation the peeler has cut down your hand, this is an example of the strict liability tort. The tort law encompasses issues like misbehavior such as noise pollution, etc. In some places the issues which are considered very important these days that is the industrial pollution and the release of toxins are also covered under the tort laws, these cases are referred to as “toxic torts”. These toxic torts are used to file cases against the companies and the industrial units who are not adhering to the emission of pollution levels. The other kind of tort is the nuisance torts which are quite challenging cases to handle as the word nuisance and its definition varies from person to person. It can be understood from the above definition that the tort law do not necessarily cover the physical damages caused to person but they also cover cases of economic nature for which the opposite party has to pay the compensation based on the damages which had occurred. It also covers issues which have been causing damage to the reputation of the people. To end the article I would just like to say that do not confuse the word tort with torte which means a rich cake made of nuts.For any legal help visit Benson Salloum Watts LLP. Our lawyers represent their clients with all the personal legal needs, whether it’s help in preparing a will or assisting with an immigration matter. Our lawyers can help you with your personal legal needs.The firm presently has three offices in the Central Okanogan allowing for more efficient and convenient service. We provide a variety of services ranging from personal injury, business, personal and Aboriginal Law. Our firm consists of over 50 professionals including lawyers, legal assistants, support staff and technical consultants.

What is the Lemon LawThe lemon law provides protection to people who buy cars. In the event that the vehicle he or she has purchased fails to meet standards of quality and performance, the manufacturer is required to fix the defects which are stipulated in the warranty within a certain period of time or a certain mileage whichever comes first.If after the repair the same problem still happens, this is considered to be a breach of contract with respect to the warranty and the manufacturer is required to give you a partial or full refund. You may even be given a new car. A breach of warranty often means 4 repair attempts on the same problem or anything directly related to it within a period of six months of one year. It could also mean that the car is no longer working within a year it was purchased or within the duration of the express warranty, whichever comes first. An express warranty may be the balance of the manufacturer’s warranty, a separated limited warranty given by the dealer or an extended warranty or service contract which is added at the time you purchased the vehicle. The lemon law varies by state and some do not include leased or used vehicles. Some provide consumer protection statutes that prohibit deceptive acts in selling used cars. This means if you are planning to buy a second hand car, the dealer must answer each question truthfully so you will know if it was a rental, salvaged or involved in a serious accident in the past. There are steps you have to take to see if the lemon law is applicable. First, if there is a problem with the car, you have to report this to the manufacturer. When the car is released to you and the same thing still happens, you should keep track of it by keeping the repair or service receipts so you can argue your case. In some states, there is an arbitration procedure which determines if you will get a refund or a replacement. This program is very objective and free. If you are not satisfied with the decision, you can skip that and take this matter to the courts. If things go in your favor, you can get refund and reimbursement for other charges which you have incurred. Given the choice, you can get a replacement car instead. Just make sure you are happy with what they are going to replace it with. But not all vehicles are protected by the lemon law. These include motorcycles with engine displacements of less than 750 cubic centimeters, trucks that have a gross weight rating of over 19,000 lbs, motor homes and vehicles that are used by a business with a fleet of more than 10 vehicles. Given that the lemon law in each state is different, it is best to talk with your local representative to be familiar with it. If you happen to encounter this problem and the manufacturer says that you waived your rights when you signed the purchase contract, don’t believe it because it is invalid and the lemon laws still applies.So, talk to your attorney or hire one that is well aware of the lemon law. Some offer free consultations and if you happen to win the case, you don’t have to shell out anything because the manufacturer will be the one to shoulder the attorney’s fees.

Things to Remember for Used Car Lemon Law As automobiles are becoming ubiquitous and indispensable today, people are hitting the road with greater ease and convenience by the use of their own cars. The car industry continues to experience boom in spite of the scary oil price hike, a sign that many would choose to cars than mass transportation system. People are also choosing to buy less expensive second hand automobiles, opting to make a good deal with this cheaper variety.But what if the vehicle you have bought came from a shady deal? How can you protect yourself from irreparable defects of a car that you have unknowingly purchased? This is where used car lemon law comes in. Lemon law for used cars is a protective shield that people can use in order to avoid unfair purchases and report crooks in car dealership industry. Remember that a defective car is not only a danger to itself, it is a ticking time bomb for people using it. We there cannot understate the importance of knowing how we can protect ourselves from lopsided car deals and how the law can facilitate this for us. Below are the things that we need to remember about lemon law for used cars. One, just because it is a second hand car does not mean you have waived all the rights to demand quality vehicles. A low cost deal does not mean we should jump into a bogus deal. It is the right of everyone to buy a product that can deliver its utility the easiest, safest, and most useful way – and this applies primarily on automobiles.The reason why we might be buying used cars is that we want to save on money, or that we want to have a car on a limited budget. This should not stop us from demanding honesty on the transaction of the deal, and the quality of the car that we are buying. So what right do we have under the lemon law? We should bear in mind that states have different versions, but all of them have a universal tenet that all used cars within the warranty period can still be eligible for the law’s protection. If you will ever encounter problems or defects in the car that you purchase, defects that trouble you a lot and have cost you money for repairs, defects that you are not aware of at the time the transaction was materialized, then you can process a claim for reimbursement and refunds. Two, the vehicle must not be serviced for commercial use. If it does, the lemon law cannot be applied. A lot of us may wonder why, but people in the know say that commercial vehicles can earn money for repairs. Moreover, the vehicle in this case will be worn out by frequent business trips.While for those used for personal or family use, the owners usually are not earning money when using the car. In fact because of the rising fuel prices, owners might be forced to economize its use to save on oil. Therefore, the brunt for repairs is more burdensome, troublesome, and risky for this situation. The used car lemon law provides ordinary people a chance to assert their right against unscrupulous car dealers. When used with prudence, discernment and a sense of justice, we can put integrity back to business.

Finding the Right Lawyer to Represent You in a Lemon Law SuitThe lemon law is designed to protect people who purchased defective vehicles from manufacturers or dealers. If repeated attempts to repair the problem do not produce any positive results, you can have this settled through arbitration or through the courts. A lot of people seek the help of the courts because they are not happy with the decision given by the arbiter. If you are not a lawyer, it is best to get one because he or she is the only one that can help you. So how do you find a lawyer? You can get help from the office of the attorney general in your state that will be able to refer someone. You can also go online and then select the state to find a lemon lawyer that is near where you live. It wouldn’t hurt to ask friends or family who may have hired someone in the past that experienced this problem.When you are looking for an attorney, ask them some important questions and see how they are able to respond to it. If the lawyer has years of experience under their belt, you should ask if they will be able to handle your case. This will also make it easy for you to ask the names of at least 2 previous clients. While you are explaining your problem, pay attention to their behavior and ask yourself if you will be comfortable working with this person. You should also know how much they will charge for their services. Consultation is usually free since you are simply interviewing them. But once you hire them, you will have to pay the legal fees which may be reimbursable if the judge rules in your favor and instructs the manufacturer to also pay for that.One thing people forget to consider when looking for a lawyer is how fast will they be able to get in touch should you want to speak to them. Naturally, counsel is supposed to update you from time to time like when is the court date.   One thing you should have with you before walking into a lawyer’s office are the documents that will be used in the case. These include the repair orders and the maintenance reports because this is needed when counsel is presenting the argument to the judge. If something is missing, request it from the manufacturer or dealer since they are the ones who tried to repair your vehicle. If everything is in order, the lawyer will then process the paper work. This is basically drafting a civil suit against the manufacturer. Once a trial date is set, you and the opposing partner should be present. Once the judge has listened to all parties, a decision will be made. If the judge makes a ruling in your favor, you can get a refund or a replacement vehicle. If things go the other way, don’t feel bad because you can still appeal the court’s decision. There are times that the lawyer you like may not be able to take your case because of their workload. When this happens, ask if they can refer you to someone else.The lemon law cannot be interpreted by someone who does not have a legal background which is why you need a lawyer to help you out.

The Arbitration Process in the Lemon LawThe arbitration process in the lemon law is not that complicated compared to court trials. This is because a judge and a jury are not needed to decide on the matter. The individuals that will hear the case have an automotive and legal background so they know what details to look at in making a decision. If you are the customer who wants arbitration, you need to complete the form, have copies of all the designated documents including the written request to the manufacture to get a refund or replacement, file for a request for arbitration within 1 to 2 years of the vehicle’s original delivery date and pay the filing fee. Should your request for arbitration be denied, a letter will be sent to you explaining why.  If it is approved, the only thing to do now is show up on the date of the hearing. Arbitration does not need counsel but if you are not comfortable, then you can hire someone. When the hearing begins, the arbitrator will ask which category of your claim is the lemon law based. Is it a serious safety defect that has undergone at least 2 repair attempts, is it to repair a nonconformity that has had 4 attempts or is your claim based on the fact that your vehicle has been out of service for more than 30 days? Your claim can be based on one or more defects that have to be backed up by the documents like repair work and maintenance reports. These papers will show the exact nature of the problem, the mileage of the vehicle, the dates which the vehicle was in and out of the shop. You may also provide expert witnesses to testify in your behalf as this will bolster your claim.  Within a matter of days, the panel should already be able to come up with a judgment. If they rule in your favor, then chances are you will be given the choice whether to get a replacement vehicle or get a refund. The manufacturer can appeal this decision and you can also do the same if you are not happy.If the appeal is denied, this is the only time that you can bring this matter to the court. You will have to get a lawyer for this so he or she can brief you on how this is done. The end result is the same because if you win, you can get your money back or another car.Sometimes, the hearing will even happen if the manufacturer decides to contact you and makes you an offer. In fact, customers and manufacturers are encouraged rather than going through a hearing. Before you make a decision, you should see what they have to offer in writing before agreeing to anything.Customers who decide to withdraw their claim can only do this once because you are not allowed to re-file later on the same grounds. There are two kinds of arbitration when it comes to the lemon law. The first is the state sponsored while the second is a program set up by the manufacturer. You don’t have to go through the one organized by the manufacturer if it is not certified by the state so if the state sponsored one does not produce anything good, then it is time to settle this in court. For listings on the Lemon law as it applies in your state, please visit

http://infoblog.net78.net/

Steve Cownleyhttp://infoblog.net78.net/

The family law system used to refer to the laws, procedures and rules governing family matters as well as the authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving family law. Such a view of family law may be regarded as assisting the understanding of the context in which the law works and to indicate the policy areas where improvements can be made.

The UK is made up of three jurisdictions: Scotland, Northern Ireland, and England and Wales. Each has quite different systems of family law and courts. Family law encompasses divorce, adoption, wardship, child abduction and parental responsibility. It can either be public law or private law. Family law cases are heard in both County Courts and Family Proceedings Courts (Magistrates Court), both of which operate under codes of Family. There is also a specialist division of the High Court of Justice, the Family Division which hears family law cases.

A divorce in England and Wales is only possible for marriages of more than one year and when the marriage has irretrievably broken down. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted ‘nisi’, i.e. (unless cause is later shown), before it is made ‘absolute’. Relevant laws are:

Matrimonial Causes Act 1973, which sets out the basis for divorce (part i) and how the courts deal with financial issues, known as ancillary relief (part ii)

Cruelty has been made irrelevant. See Gollins v Gollins [1964] A.C. 644

Family Law Act 1996

Children Act 1989

Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

Marriage Act 1949

Marriage Act 1994

Gender Recognition Act 2004

Here is a rough outline of the undefended divorce procedure from start to finish:

1.     Filing of Divorce Petition & if necessary Statement of Arrangements for the Children

2.     Documents issued by Court and posted to the Respondent

3.     Respondent returns Acknowledgement of Service to the Court (if he/she does not you will need to consider Bailiff Service, Deemed Service or other options)

4.     Petitioner completes Affidaviti in Support of Petition and Request for directions

5.     A Judge will then consider all the divorce papers and if he/she is satisfied issue a Certificate of Entitlement to a Decree and Section 41 Certificate (confirming he/she is content with arrangements for any children)

6.     Decree Nisi is granted

7.     Six weeks later the application can be made by the Petitioner for the Decree Absolute.

From beginning to end, if everything goes smoothly and Court permitting, it takes around 6 months.

If there are any outstanding financial issues between the parties, most solicitors would advise resolving these by way of a ‘Clean Break’ Court order prior to obtaining the Decree Absolute.

There is only one ‘ground’ for divorce under English law. That is that the marriage has irretrievably broken down.

There are however five ‘facts’ that may constitute this ground. They are:

1.     Adultery

§                    Often now considered the ‘nice’ divorce.

§                    respondents admitting to adultery will not be penalised financially or otherwise.

2.     Unreasonable behaviour

§                    The petition must contain a series of allegations against the respondent that the Judge considers serious enough that the petitioner cannot be expected to live with the respondent.

3.     Two years separation by consent

§                    both parties must consent

§                    the parties must have lived separate lives for at least two years prior to the presentation of the petition

§                    this can occur if the parties live in the same household, but the petitioner would need to make clear in the petition such matters as they ate separately, etc.

4.     Two years desertion

5.     Five years separation

At Hayat & Co.   We understand how distressing and difficult a Divorce can be and we are here for legal advice divorce, family law advice. We deal with your case with sensitivity, confidentiality and understanding. R