Tag Archive | "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 the full story

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Why You Should Hire an Irvine Family Law Attorney


Family law is an area that involves family relationships and issues. It can encompass anything from adoption finalization to divorce proceedings. No matter what type of family matters need to be decided, an attorney who specializes in this area of law will make the process a little easier.
An Irvine family law attorney should be well versed in all areas of California family law. Major life changes often take place as a result of the decisions made in these cases, and an experienced, compassionate staff can help clients survive the emotionally taxing process and win the case. It is important to choose a lawyer and firm that will handle each client on an individual basis, taking the time to get to know the client and family and understand the extenuating circumstances of each unique case.
An Irvine family law attorney will be experienced in the various aspects of family law. The most common cases handled in this area are divorce settlements, where a competent attorney is essential to protect the rights of the client and ensure the settlement is fair and reasonable. Divorce is one of the most stressful events a person may ever experience, but the right lawyer can make that difficult time a little easier to handle.
Child custody is often an element of divorce proceedings and can be very emotional and stressful for all parties involved, including the children. It may be difficult to determine where the children should be raised – and who should raise them – when parents split up. When the parents cannot agree on this issue, it is up to the court to decide where the children should live. This is usually done in the “best interest of the child”, although this can be difficult to determine. An experienced Irvine family law attorney can help ensure that a child custody case goes as smoothly as possible and that the rights of his client are firmly protected during the process.
Once child custody is determined, child visitation must also be addressed. This agreement will allow the non-custodial parent a prescribed amount of time with the children so that relationships are preserved in the family unit. The standard visitation order will allow the non-custodial parent to have the children one night a week and every other weekend. It also splits time during holidays and school vacations. If changes need to be made to this standard visitation order, an Irvine family law attorney can make sure those changes are done correctly and with the best interest of his client in mind.
Other areas that an Irvine family law attorney may handle include adoption proceedings, paternity cases, prenuptial agreements and restraining orders. Domestic violence is another stressful situation that may call for the services of a lawyer specializing in the area of family law. When searching for an attorney for any of these cases, it is important to look for a firm that specializes in this area of law to ensure the case is handled in the most professional way. The right attorney will make all the difference in dealing with these difficult situations compassionately and competently.

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The Lemon Law


 

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

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Steve Cownleyhttp://infoblog.net78.net/

 

Wide experience on many things and just publish information for fun.Experienced Salesperson and marketeer, both internet and non on-line. Web designer, very knowledgeable on PC and pc related issues, both hardware and software. Parent, driver and blogger.http://infoblog.net78.net/

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What to Expect From a Family Law Attorney


Many single parents will need the services of a family law attorney at some point. Separation, divorce, death of a partner, modifying a visitation agreement or child support order are just a few of the times to seek out a family law attorney. However, many of us have little experience with attorneys. The following will give you some general information on how to select and what to expect from a family law attorney.Where Do I Find an Attorney?

 

Shop around for an attorney just as you would a doctor. You want them to be knowledgeable in family law but you also want to feel comfortable working with them. Some things to consider besides their expertise in family law:

 

 

The Initial Consultation:Many attorneys offer a free initial consultation. This is usually half-hour to listen to an overview of your case and give you options on how to proceed.-Create a “cheat sheet” – Write down the main facts of your case and put them in chronological order. Also, list the questions you have about your case. Bring it to your initial consultation. Refer to your sheet when speaking with the attorney. It will ensure that you don’t forget to tell the attorney something important.Some Questions to Ask in the Initial Consultation:

 

 

Some attorney’s charge by the hour and some will charge you one lump sum when your case is completed. Some of the common ways lawyers bill for their services:Retainer Fee: advance payment to the lawyer for a portion of their fee.Contingency Fee: an agreed upon percentage of any money obtained through settlement, trial or negotiation.Hourly Fee: the lawyer’s hourly rate. They will take their hourly rate and multiply the number of hours worked on your case.Fixed Fee: a specific amount of money charged for a specific service.Cost advance: reoccurring advance payment for on-going expenses related to the case.Mixed fee: A combination of contingency and hourly fees.How Will the Attorney Bill Me?If the attorney charges an hourly fee ask how often they bill. A monthly invoice is common. Ask for a detailed monthly billing statement that specifies what services the attorney provided and how much time they spent on each service. Do not accept a bill that says: ” service rendered.” This doesn’t tell you what you are being charged for. Be assertive. If you don’t understand your bill ask the attorney to explain If the attorney charges a fixed fee ask if they have payment plans. Paying a little each month is easier to budget than paying one lump sum.Hiring the Attorney:When you decide to hire an attorney you will sign a retainer agreement. This is a document that states what services the attorney will perform and what the fees for the service will be.If you accept the fees and understand the services to be performed then, and only then, should you sign the retainer. Find out if the quoted fee includes court costs, copying costs, and filing fees or if these services will be extra charges.Do not sign the retainer unless you understand all the terms of the agreement!After You Have Hired the Attorney:-Be prepared and organized for each appointment.-Obtain the documentation your attorney has asked for.-Put in writing what you want out of the case. For instance, what property you want, how much child support, etc. Give this to your attorney. Ask what problems you face in getting what you want.-Create a folder labeled “Attorney”. Keep all correspondence and documentation relating to your case in the file so it will be easily accessible.-Write down what you want to ask your attorney before you call him. This will ensure you don’t forget anything. It will also help you stay on track since most attorneys will charge for time spent on the phone.-Listen carefully to what the attorney says and make notes if necessary so you can review them later.Selecting and hiring an attorney is an important decision. You should research your selections carefully. He should be receptive to your questions and keep you informed about each step in the proceedings. If you do not feel that your attorney is representing you in the best possible manner than dismiss his services and find another attorney. Remember, the attorney works for you!

 

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Divine Law vrs. Positive Law in the Practice of Law and Politics: The Ghanaian Example


Divine Law vrs. Positive Law in the Practice of Law and Politics: The Ghanaian Example

 

1 The Divine Law and Source of Authority

In the giving of the law at Sinai Moses first communicated the basic principle (the ten commandments, Exodus 20 :3-17 and Deuteronomy 5:7-21) and then provided the application of them to all aspects of social and personal life – from food to worship, property to fasting. The laws of religious, judicial, civil and political nature are found in the “Book of the Covenant” (Exodus 20: 23, 33); the “Holiness Code” (Leviticus 17-26) and throughout most of Deuteronomy, especially chapters 21- 25. These laws emanate from God and are supposed to be used in regulating the practical activities of people during the period of the Old Testament.

 

Jesus did not give a new moral code, and He was not a Second lawgiver, but He also did not say that the moral teachings of the Old Testament were suspended. It is the ceremonial and ritualistic laws of the Old Testament which are abrogated for Christians (ending at the cross, Colossians 2: 16, 17), but not the Ten Commandments. (See, Philip Hyatt, “God’s  Decree for Moral Living,” J. (Baptist), October, 1943, Vol. 57, No 10, p. 5) Jesus said that He came not to abolish this law but to bring its meaning to fulfillment. (Matthew 5: 17). And Paul said, to love is to fulfill the demands of the Law of Moses (Galatians 5: 18) for to them Christ is the end of the law (Romans 10:4), however, they are to be the slave of Christ and obey his law (which is a fulfilling of the law of Moses).

 

2. The Positive or Man-made laws and source of authority

These are legal rules adopted and actually endorsed in a special fashion by the state as a law giver. It consist of written and unwritten  body of rules largely derived from  custom and formal enactment which are recognized as binding among  those persons who constitute a community or a state, so that  they will be imposed upon and enforced among those persons by  appropriate sanctions.

 

 

 

 

 

Positive human laws can be divided into two categories namely:

(i)                Ecclesiastical Laws (Church laws), which here mean the laws formatted by the Church to govern their members.

(ii)             Public (Civil) Laws, which are promulgated by the sovereign State or its institutions and provided in constitutions, statutes etc. The positivists argue that law must be divorced from morality. To them mixing the two allows people to judge laws through their own prejudices and opinions. They recognize law as a command of the sovereign. Therefore, once the sovereign is identified his command must not be challenged but are to be obeyed irrespective of the moral element in them or not.

3. Doctrinal divergence 

There are three differences between the laws of God (relating to the Church) and the human-made laws (relating to the State). These can be discussed on the basis of: (a) the source of law or the giver of the law, (b) the sphere of operation and prohibition, (c) nature of sanction. These differences form the basis of disobedience amongst certain sects of the positive human law (human-made law), though they enjoy state protection and public services like education, health care, water and electricity.

 

(a) Talking about source, the giver of divine law is God ratified with blood. It is said in James 4:12 that, “There is one law giver, who is able to save and to destroy.” The giver of human law is the community or state ratified by consent of the people which can punish or forgive under a Prerogative of Mercy (Article 72 of 1992 Constitution of Ghana) but cannot forgive for thought and intent of the heart (spiritual).

 

(b) With regard to sphere of operation and prohibition, the law of God regulates all mankind across state-frontiers and covers all forms of immorality or bad beaviour, civil wrongs and criminal acts. All are sin before God. God’s law relates to the outward actions (physical) and the thoughts and intents of the heart (spiritual nature) of a person. But positive law relates to the outward action leading to an event (causation) and intent (mens rea) of the person as in the cases of R. v Latimer [1886] 17 QB 659 (foreign case); Duah v The State [1963] GLR 385 (Ghanaian case); State v. Ametepey [1964] GLR 551 (Ghanaian case).

  

In the realm of positive law (human-made law) a distinction between right and wrong or good and bad behaviour are determined by the sovereign state through the constitution and enactments of Parliament.

 

In criminal law, for example, a crime is what the law prohibits. Though most of the serious crimes are also obviously immoral, not all crimes appear to the public to be immoral.  Nevertheless, there are certain obvious immoral acts, which are not crimes. In other words, law and morality are quite distinct.

 

The following two episodes will illustrate the distinction.

 

In the first episode, Akwesi parked his car along the Ridge Road, in Kumasi and went to the Central Market to buy some items. When he returned he was told that his car had been towed away by some officials of Kumasi Metropolitan Authority (KMA). The next day Akwesi was arraigned before the court on a charge of “wrongful parking”. He was prosecuted, convicted and fined. Here, wrongful parking is a criminal offence because it is prohibited by law with sanction attached.

 

In the second episode, Boafo returned home one afternoon to discover his girl friend in bed with his best friend, Kwame. The girl friend even told him that Kwame, was responsible for her six month-old pregnancy. Boafo fainted and was hospitalized for a week. Then the question is – is Kwame guilty of any criminal offence? And the answer is – No, because according to our criminal law nothing is crime unless it is provided for in the Criminal Code or some other statute and a punishment prescribed for it.

 

In fact, sexual relationship with another’s girl friend has not been made criminal in our Criminal Code or by any statute though such an action may be seen by the Church and entire Ghanaian society as immoral and even more serious than a wrongful parking that is punishable.  

 

So, the extent to which actions of citizens of a State may be right or wrong is determined by law made by the State and will be judged accordingly. And so prostitution or Guy marriage is prohibited by law in Ghana and as such constitute a wrongful act but not prohibited in Germany or Sweden and therefore not a wrongful act in those jurisdictions. Devine law is, however, more universal and more concrete because the giver of that law (God) is one body and not multiple bodies as in the case of a state law. So, what is prohibited by God may not be prohibited by man (e.g. adultery) and what is prohibited by man may not be prohibited by God (e.g. Christian liberty).

 

(c) With regard to Sanction, it is stated in John 3:4 that “Whosoever commits sin transgress the law: for sin is the transgression of law.” “For whosoever shall keep the whole law and yet offend in one point, he is guilty of all. For he that said, do not commit adultery, said also, do not kill…” (James 2: 10, 11).

 

And what is the penalty for transgression? “The wages of sin is death”, (Romans 6:23). “In the day that thou eatest thereof thou shalt surely die.” (Genesis 2:17). The Soul that sinneth, it shall die.” Ezekiel 18: 4. Lord is merciful but that does not clear the guilt (Numbers 14: 18; Exodus 34:5-7).

 

It is important to note that God threatens to punish the transgressor of the Commandments but he promised grace and every blessing to all who keep his laws. We can faithfully trust him without adducing any evidence but we can not absolutely trust the state mechanism of punishment because state sanctions, though are attached to all illegalities, can be awarded unfairly or erroneously or even pardoned by an authority (as under Prerogative of Mercy, in Art. 72 of the 1992 Constitution) irrespective of the gravity of the offence committed. Sanctions of state range from imprisonment to death penalty, as in the Ghanaian Criminal Code of 1960. While all crimes attract equal penalty before God, crimes under state law attract penalties according to the nature of the offence or as classified by law. Hence, we have such classifications as First Felony (e.g. murder or armed robbery); Second Class Felony (attempting suicide) and Misdemeanor (petty crimes like stealing or assault). The divergence in punishment between the two spheres of law is very clear and distinctive but both demand strict observance.

 

4 Judgment based on Divine law and State law

The World, according to the Bible, began with Judgment (Genesis) and will end with judgment (Joel 3:9). Judgment as exercised by God and Man is primarily the vindication of the one who is right and secondly the punishment of the wrong-dower. In Israel Moses, elders, Judges and Kings  exercise judgment between contending parties (Exodus 18: 13-26; Deuteronomy,1: 16-18; 16: 18-20; 1 Kings 7:7);  God as judge is said o love  justice (Psalms 33:5; 99:4) and acts towards Israel to vindicate  people according to the terms of the covenant he made with the people (Deuteronomy, 32:36; Isaiah 33:22). Also as Judge of the whole earth (Genesis 18:25) he exercises judgment in history (Ezekiel 25:11) and will judge the nation at the end of the age (Joel 3:9f; Daniel 7:9-11).

 

In the New Testament, the idea of final day of judgment for the whole world  becomes clearer and is linked to the second coming of Christ to earth (Matthew 25; Romans 2:16; 3:6;2 Timothy  4:1). However, in the Gospel of 

John the present reality of God’s judgment is emphasized (John 3:18; 5:24; 12:48).

 

Judges using the human-made laws are given power by state to decide upon disputes and determine appropriate penalties. In this sphere, spirituality as evidence is absolutelely not entertained but the physical things. In so doing, as human beings, their judgment could be influenced by different factors including political pressure, jurisprudential considerations, conflict of interest, and mischievous interpretation of the law. This has given cause to lack of confidence in some of the decisions made by Judges which affect the fundamental human rights and freedoms of people, especially Christians.

5. Rules of Legal professional Conduct

There is the general belief amongst Ghanaians that lawyers, by virtue of the profession, are not truthful and lack faith in God and for this reason some Christians turn to condemn lawyers or refuse to accept the legal profession as normal as any other profession. Like any other profession there are individuals who do not practice according to laid down code of conduct and it will be erroneous to make a generalization such as “all lawyers are liars”. No profession is bad or condemned in the eye of God but rather it is when the object or practice by the individual goes against laid down rules of professional conduct or morality that the question of ungodliness will arise.

 6. The Practice of Politics and codes of conduct

In the same way as the legal profession, the reputation of politicians has been low throughout the world and particularly in Ghana in recent times. In some circles politics is described as “a dirty game” and Christians fear to associate themselves with political activities or occupy political office.

Politics per se is not itself a bad or evil system of governance. It is not designed to create conflict between individuals or parties hoping to achieve power. It is aimed at achieving the best possible means of governance based on fair competition. Politics has certain basic principles and moral standards to be complied with by all who practice politics. These include: fairness, truthfulness, honesty, respecting opinions and values of others.

It is the bad practice of politics by some politicians which has given it the bad name. Today politicians have come under the evil forces of bribery, corruption, nepotism, ethnicity, murder, intimidations, lies, hatred, selfishness and brutalities to opponents as against the codes and ethics. Codes of conduct for politicians are provided explicitly in several documents and they take roots from fundamental moral principles and divine law. Examples are those expressed in the 1992 Constitution such as the Code of Conduct for Public Officers (Chapter 24); Organization of Political Parties (Art 55); Administrative Justice (Art. 23). Other operative principles relating to good practices are found in the Manifestoes of the political parties and in international documents such as The New Partnership for African Development (NEPAD) and the AU Documents. All these documents set the standards for political engagements and activities which correspond with the moral principles underlying the divine laws.

But the evil forces and bad practices should not deter Christians from performing their civic and political responsibilities such as, participating in decision making, taking political office, voting, paying of taxes and  rendering service to the community. Because these activities are ordained by God himself so far as they do not interfere with the power and glory of God.

It is proclaimed in Romans 13:1 that “The Powers that be are ordained of God”, and verse 2 states further “Whosoever therefore resist the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation” That is, those who rise up against government itself; who seek anarchy and confusion; who oppose the regular execution of the laws. It is implied however, that those laws shall not be such as to  violate the rights of conscience, right of worship or oppose the laws of God.

7. How are Christians admonished to respect civil authority? 1st Peter 2:13-17 says “Submit yourselves to every ordinance of man for the Lord’s sake: whether it be to the King (Head of State), as supreme; or unto governors (Ministers of State, Judges) as unto them that are sent by him for the punishment of evil-dowers, and for the praise of them that do well…Honour all men Love the brotherhood, Fear God, Honour the King”. Render, therefore unto Caesar the things which are Caesar’s and to God the things that are God’s. (Matthew 22:21)

The Christian has nothing to fear to be a Lawyer or a Politician provided the moral principles and codes of conduct are strictly adhered to and God attaches importance to any profession on earth whose establishment and operation does not conflict with the divine laws and teachings.

Oswald Semneadza is a Senior Lecturer in the Faculty of Law of Kwame Nkrumah University of Science and Technology, kumasi. He is also Head of Department of Public Law and Assistant Editor of KNUST law Journal.
He teaches Public International Law, Administratiove Law, Environmental Law and Principles of Law. His research interest is in human rights and evironmental protection issues.

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Education Path For A Criminal Lawyer


The legal system plays a fundamental role in protecting the rights of individuals. Working in the legal profession is often viewed as a lucrative and rewarding career. There are many areas that a layer can specialize in. One area that is both challenging and lucrative is criminal law. A criminal lawyer has the opportunity to work in legal defense, prosecution, and even pursue a career as a trial judge.
Criminal lawyers, or criminal attorneys, advise and represent those who are accused and charged with a criminal act. They present evidence, advocate for their client by arguing on their behalf in court, and also make sure their clients’ rights are not violated. Like other lawyers, criminal lawyers must follow a strict code of conduct and ethics.
There are a number of educational steps one has to take in order to obtain a successful career as a criminal lawyer:
1.) The educational requirements to become a criminal lawyer are normally 4 years of undergraduate study followed by 3 years of law school. A bachelor’s degree is required for law school admission. Courses taken in a number of different in areas is considered an asset. Courses can include: English, social studies, political science, public speaking, government, philosophy, and history, are useful. A bachelor’s degree in criminal justice can be very valuable when applying to law school. One may also want to consider volunteering or working in some area of criminal law.
2.) The next step of a career path to criminal law is to apply to an accredited and recognized law school. You first have to take the Law School Admissions Test, or LSAT. The LSAT exam is used as a standard assessment tool by law schools. The LSAT is given four times per year at hundreds of locations across North America. The test is designed to assess an applicant’s propensity for practicing law.
3.) Acceptance by most law schools depends on the applicant’s LSAT scores, the applicant’s undergraduate school’s standing in the education community, and prior work or volunteer experience. There may also be a personal interview. Once accepted into law school, there is three years of intensive study. At the end of the three years, one will acquire a law degree. Law school graduates receive the degree of juris doctor. (J.D.) Generally, one cannot work as an attorney until taking and passing the bar exam. Each state has its own bar exam. Graduates will need to pass the bar exam in the state(s) where they intend to practice law. After passing the bar exam, a license to practice law will be granted, and one can begin to practice criminal law in that state. A person must be licensed to practice law in the courts of any state or other criminal field. Many states also require applicants to pass a separate written ethics examination. Graduate lawyers usually begin their careers as associates working with experienced criminal lawyers or trial judges.
Criminal law is one area that is seen as a successful career choice. Criminal law is a challenging career but plays an important role in ensuring that the judicial system maintains and promotes equality and justice for all.

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Tips On Building A Law Firm Website


Plans for building a law firm website center on combining the power of the Internet with the legal firm’s specific areas of expertise. Develop a marketing plan, with detailed goals for attracting web traffic. Use your website to explain, why a potential client should select your firm.
Use your website to increase your exposure and visibility. What is the primary goal of your marketing strategy? Who is your “target client”? Allocate resources to online advertising.
When hiring a professional website design firm, make sure you stay in contact with the developers as they progress – establish intermittent steps for checking website functions and appearence. Personalize the basic template with your firm’s specific areas of expertise – business, civil or criminal law. Provide basic contact information: attorney names, specialties, phone numbers and a map to the office. Emphasize professionalism, law and justice. What sets your firm out from others?
Start with a basic foundation that communicates your message to potential clients. Legal firms should use a classical, sophisticated layout – powerful browns, blacks and grays – with standard fonts that are easy to read. Good graphics ideas include the law firm’s group photograph, classical landmarks and a justice balance. Include glowing customer testimonials.
Make the website easy-to-read and easy-to-use. People don’t need to waste their time trudging through confusing websites.
The website must be interesting with valuable content. Most web surfers have very short attention spans. If bored, they can easily access other websites.
Determine a number of keywords that are important to your firm. Search engine optimization (SEO) depends on keyword usage. Place your most important keywords as early and often, as possible. Search the Internet to see how your competitors appear, when different keywords are used.
Develop a “hierarchy of access”. What is most important for you to emphasize? What are relevant current events that can help your business? How will you highlight your attorneys?
Your opening page may need to use shorter lines and simpler language to attract interest. Deeper pages can include more complicated legalese and even attorney winning percentages. Establish a basic standard website template, with lawyers writing text for individual pages.
Make downloading, page refreshing and printing, rapid and convenient. Experienced web surfers will conclude that there is a problem, with your website; if it takes too long to process requests. Guide your visitors through your website with proper instructions and directions.
Make sure your website can handle a lot of content and traffic. Offer interesting and helpful links. Provide the latest law updates. Provide relevant content for search engines. Make it easy to update your website. Designate someone to collect and update website informaion quarterly. Gain name recognition as an expert in your field through helpful newsletters or free legal advice on local radio programs.
A website is 24/7 and very convenient; the possibilities for high traffic are nearly limitless. Develop a database of potential clients. Get your own “domain name”, with a web address that is easy to remember. Keep it simple -driving home your message – and your firm’s website can be successful.

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The World of Law 101


The most experience the majority of people have with lawyers is through lawyer jokes. Attorneys are notorious for charging extremely high hourly rates, being argumentative, and needing to be right all the time. To convince a group of people they have never met before to agree with them over someone else is their job so they need to be self-assured and aggressive. If you are someone who thinks this job sounds like fun and you think you have what it takes to do well in this field, then you should definitely try it. The job itself is a large amount of work but if you know that this career is the one for you then you need to get started.

In order to get a better idea if the law is a great fit, you need to talk to a few lawyers (preferably ones in different fields such as bankruptcy law and criminal law), sit in on a few law school classes, and observe a trial. Research what the law really is. Ask the people you talk to what their normal day looks like and what they love and hate the most about their jobs. The more information you gather now, the more prepared you are. If you are still interested after you hear even about the downsides, then you need to start applying to law school.

Law school applications are a grueling process. Your LSAT scores need to be high, your recommendations need to be strong, and you need to have a great undergraduate academic record. Individuals in the law school admissions department are looking for individuals that can handle the rigorous course load and schedule of studying law. If they think you are a strong candidate, you will have no problem earning acceptance letters.

Once in law school you learn the basics before you advance onto more specific types of law. If bankruptcy law is what you are most interested in, that is great but you need to spend time learning about the law in general and the practice of it first. You might even change your mind and decide you would prefer to not deal with Chapter 11 or  Chapter 7 bankruptcy and want to pursue environmental law instead. Good luck with your new career! 

Just another creative writer talking about anything and everything under the sun!

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The Changes In Toronto Drunk Driving Laws and Its Implications


When the first cars and most important the mass production of cars were invented, no one could even imagine how big this industry will be. It took about hundred years and the cars rapidly multiplied in numbers, becoming an important element of our everyday life. Unfortunately they became not only a useful thing, but also made their own death toll and turned even the smallest road a pretty dangerous place. The worst part of the accidents is definitely driving under the influence of better to say drunk driving, as you will see in this article even the smallest changes in laws on drunk driving can lead to heated debates.The first rules regulating the driving under the influence were set with the Criminal Law Amendment Act, 1968-69, also known as Bill C-150. The bill made it a “per se” offence to drive with a blood alcohol content (BAC) in excess of milligrams of alcohol in 100 milliliters of blood. Also the Bill stated that a refusal of a police officer’s demand to provide a breath sample is an offence too. Still the drivers managed to handle small over the norm alcohol level with “two-beer” defense. The idea of this defense is following, people accused of driving with more than the norm set by the law (.08 milligrams of alcohol in 100 milliliters of blood) would often argue they had consumed just two beers. Also a popular statement is that the last beer was consumed not long before the breath test, so there is more alcohol in their breath than in their blood.An often used driver “two-beer” defense has been virtually abolished by a new federal legislation. The new changes, that are part of the federal government’s Tackling Violent Crime Act, kept the right to question the breathalyzer results, but only if the person provides the court with technical evidence proving the equipment was malfunctioning or wasn’t operated properly.Some lawyers stated that the new legislation is unconstitutional and they will appear before the Superior Court of Justice in Toronto to present their arguments. They try to resolve thing quickly, before the government can get on with the business of prosecuting impaired drivers. The main argument is that with this change divers will be unable to protect themselves if the equipment is really damaged or malfunctioning. Usually drivers don’t know much about breathalyzers and they won’t be able to present valid evidence to the court. Also the information of the breath machines, including maintenance records, specs and the manufacturers’ manual are kept secret and not available to casual driver who is stopped on the street. This turns a useful tool into a one-way guilty ticket, in case of malfunctioning.On the other side this change is positive for the police officers. Usually they are in a difficult situation. Some of the officers stated that they rely more on temporary license suspensions and not on the charges against drivers slightly over the limit, because the “two-beer” defense can easily beat these charges.

For more information regarding <a href=”http://www.lawyerahead.ca/case/criminal-5/impaired-driving-duidwi-58/” rel=”nofollow”> dui lawyer, <a href=”http://www.lawyerahead.ca/case/accident-and-injuries-1/motor-vehicle-accidents-33/” rel=”nofollow”> Car accident lawyers, Criminal lawyers and Attorney please visit: www.lawyerahead.ca

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Finding Law And Order Online- Building A Legal Information Resource


What do you do if you find yourself, suddenly, in a legal bind? Who do you turn to if you do not have the slightest idea of your rights as a citizen and you do not have your own lawyer? Believe it or not, lots of folks have been caught in this kind of a jam. But lucky for them, more often than not, the solutions are no more than a click away.
A resourceful legal website is certainly beneficial to anyone who needs quick and accurate information about a law suit or anyone who wants to learn more about legal matters. Since people are accustomed to logging on to their computers for all sorts of reasons–to read breaking headlines, check the weather forecast, download recipes, and book airline tickets etc.—it is logical to think that they would turn to a computer when searching for answers to a range of legal concerns.
What is more, a website is an obvious way to promote your company and attract new clients. There are numerous elements that could appear on your site. A full-fledged site defines your company’s mission, explains its background, introduces its employees, and lists contact information. But you can also include several different elements. Consider the following:
- a dictionary of legal terms
- a variety of legal forms
- a directory of lawyers (organized by specialty or geography)
- FAQs and an “Ask the Expert” column
- links to articles covering timely lawful issues
- legal case histories
No matter what your company specializes in, a website can be tailored to cover your areas of expertise. It is also possible to make it as interactive as you desire. Perhaps you want to link to lively message boards and current blogs, or offer the opportunity to have live chats with lawyers. Whatever elements you include, the ultimate purpose of a functional, practical site is to provide information in a way that is as accessible and helpful as possible.
Let’s face it, the ordinary citizen is pretty clueless when it comes to determining lawful behavior, be it at home, at the office, at work, or at play. While we all have an idea of what is legitimate and permissible, most of us don’t grasp the exceptions to the rule or understand the fine print.
Of course, it is impossible to cover every aspect of the law on one website and it is impossible to list all the fields of interest here. But a carefully constructed legal website can, indeed, be a source of comfort and a fount of information for the general public. Here are a few examples of the subjects you might choose to address on your website (either in depth or in a general manner):
- Bankruptcy laws
- Accident insurance
- Copyright law
- Entertainment law
- Investment law
- Criminal law and criminal procedures
- Discrimination laws
- Employment laws
- Family law
It is about time the field of law earned a positive reputation. Your company can blaze the trails by putting up an attractive, effective site that not only showcases your services, but also bestows valuable knowledge on those in need.

Madison Lockwood is a customer relations associate, specializing in small business development, for Apollo Hosting. Apollo Hosting provides website hosting, ecommerce hosting, vps hosting, and web design services to a wide range of customers.

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