Definition And Use Of Tort Law

Simply put torts are civil laws that recognize personal wrongs which answer to a charge of law as grounds for accountability or lawsuit. These are wrongs that have resulted in personal injury or harm and are grounds for seeking a claim of compensation by the injured party. Some torts are civil crimes which are punishable by imprisonment but the main reason of tort law is to provide a way to be compensated or get relief for damages inflected and to discourage any one else from committing the same harmful violations. The person who was injured may sue for an injunction to halt the damaging conduct or for monetary compensation for damages encountered.

There are several types of damages an injured party may make claim and receive compensation from, such as : loss of wage capacity, pain and suffering, undue mental duress, and reasonable medical expenses. Claims can include both present and future expected losses.
Included amongst the most common of torts are: trespass, assault, battery, negligence, product liability, and intentional infliction of emotional distress (harassment).

Torts also fall into three general categories:

1.intentional torts (e.g., intentionally harming a person);

2.negligent torts (causing an accident by failing to obey traffic rules); and

3.strict liability torts(e.g., liability for knowingly making and selling defective products

Intentional torts are those wrongs which the defendant had knowledge of, or by reason should have known, would occur through their direct involvement, being a part of or intentional lack of action. Negligent torts are when the defendant’s actions are deemed unreasonably unsafe. Strict liability wrongs don’t depend on how little the defendant’s sense of responsibility was, but is established after the fact, when a particular action causes damage. A person may operate in a unreasonable manner but is not subject to tort until a claim to cease and desist or call for compensation is made.

Tort law is derived through common law Judges and enacted into state law by legislatures which enact statutory law.

General Principle Torts
(1) Any one who invades the privacy rights of another is subject to liability payment for any resulting damage to the interests of the person who was harmed.
Privacy invasion is explained by:
(a) unreasonable intrusion upon the seclusion of another, or
(b) identity theft, appropriation of the other’s name or likeness, or
(c) Malicious, false or unreasonable publicity given to other person’s private life, or
(d) publicity of an unreasonably nature that places the other person in a false light before the public,
Intrusion upon Seclusion is a person who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another person or his/her private affairs or concerns. The wrong doer is subject to liability to the wronged for invasion of privacy, if the intrusion is seen as highly offensive to a reasonable person.
Appropriation of Name or Likeness (identity theft) is a person who takes the name or likeness of another for his/her own use or benefit The wrong doer is subject to compensate the wronged person for invasion of privacy.

Publicity Given to Private Life, when a person deliberately produces derogatory publicity concerning the private life of another person is subject to liability to the injured person for invasion of his/her privacy, if the publicized material is of a kind that
(a) would be highly offensive to a reasonable person, and
(b) is not of legitimate concern to the public.

Publicity Placing a Person in a False Light is when one person falsely gives publicity before the public in such a manner as to shed a false light upon the integrity or character of another person. Such a person is subject to pay for injuries received by the injured person for invasion of privacy, if:

(a) the false light in which the other was placed would be highly offensive to a reasonable person, and
(b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.

Common Law Protections of Privacy

It was found that infringements on personal actions are not valid while in the workplace

Restatement of Torts (2nd) 652A-E (privacy-related provisions)
Bourke v. Nissan Motor Corp. in U.S.A., No. B068705 (Cal. Court of App., 2nd Dist., July 26, 1993) (finding that employer’s reading of employees’ email did not violate California common law, constitution, or privacy statutes)

In Conclusion:
Every American Citizen is protected under the law, concerning his/her The civil laws of the states include protection for its citizens from anyone who would cause them undue injury. Though each state rest upon its courts, they all stand in agreement upon most matters. The civil rights and personal infringements of each citizen is protected under the torts of each individual state.

If a person or person’s civil liberties are infringed on and civil courts are unable to rectify the allegations then the injured party or parties may petition a higher court, such as the Supreme Court.

Civil Rights or rights of the individual include, attack on personal integrity, invasion of personal privacy, identity theft, product responsibility, and assault on person or property. While personal privacy is important, in a open and free society, the right to know who you are employing or living next to is also important. Background checks on anyone who would be in close proximity to children or occupying an authoritative positron must be scrutinized for the safety of society. Suspected terrorist or enemies of the state should also be interrogated without infringing on their personal rights. These and many other reasons for personal information to become public information is a necessity for public safety.

In our society, private citizens are protected from the injurious actions of others under the law, but public figures or previous law breakers do not fall under the same protection stancher’s.

Law Of Attraction Tip – Why Trying To Think Positive Frustrates Your Manifestation Efforts

Millions of people were introduced to the law of attraction when “The Secret” came out. These people were taught that they could have what they wanted by thinking positive, being grateful and taking action. Unfortunately, because “The Secret” was not a comprehensive resource, many individuals are feeling even more frustrated and confused about how the law of attraction works.

One common complaint I hear is that people are thinking and being positive but aren’t seeing the results. Probing more into what they are doing, they share with me that they are doing *everything* they can to think positive BUT what I discover is that they’re ignoring how they really feel.

It’s unfortunate that people believe they can have what they want by thinking positive, putting on a happy face, focusing on what they want but completely ignoring their emotions and body signals.

It doesn’t work this way.

Because of the law of attraction, the Universe responds to our whole being. We are made up of energy that vibrates at a specific frequency. Everything we do, feel, think, etc. also vibrates with energy and this energy surrounds us. As we move through our lives, we are walking advertisements and the Universe constantly reflects back the energy we’re vibrating. It’s always a perfect match. It works in the same way tuning forks work. If you strike a tuning fork, another tuning fork of the same note will also vibrate even if it’s across the room.

So, when you are thinking positive but are also feeling worried, fear or doubt, the Universe picks up on all your vibrational signals and feeds back to you an experience of a similar vibration. Usually what happens is that your ‘negative’ emotions cancel out your positive thinking and you experience this as feeling stuck. No energy is moving. Sometimes your ‘negative’ emotions are stronger in frequency (they’re more frequent) than your positive thinking and you attract more thoughts, emotions and experiences that help you feel more fear, worried, and doubtful. This can create spiraling-out-of-control feelings.

the law of attraction does not discriminate. It always reflects back the energy you’re holding. Therefore it is vital that you always ‘clean up’ your vibrations so that you attract exactly what you want.

Here is a simple 4-step process to help you get clearer on what you want and therefore ‘send out’ a clearer signal to the Universe.

STEP 1: Write down your goal – what you want to have (i.e. new TV, a loving partner, a new house, etc.)

STEP 2: In relation to your goal, from Step 1, list all the things you don’t want.

In this step you’re uncovering what you don’t want to have happen, what you don’t want to feel, and the reasons why you can’t have what you want. I call these your ‘Yeah-Buts’. When they come up, you feel negative emotions, which negate your positive energy. By identifying your ‘Yeah-Buts’, you are clearing out those energy patterns that have blocked your attraction process in the past.

STEP 3: Now write down what you do want. I often look at each statement from my “don’t want” list and rewrite it positively.

STEP 4: Take each item on your “Do Want” list and ask yourself why you want it. How would you feel if you had each list item? Would you feel happy? Loved? Appreciated? Valued?

When you connect with how you would feel, you are essentially getting in touch with why you want something. And, as you take this time to write down your feelings, you’re actually becoming a vibrational match to your desires. You’re magnetizing your desires to you because the Universe is constantly feeding back to you what you put out, moment by moment, per the Law of Attraction. The more time you spend in this feeling place, the easier it will be to manifest what you want.

In closing, I highly recommend doing this 4-step process often. I feel that it helps us get in touch with that part of ourselves that we often ignore and discredit, yet often has the biggest impact in our manifestation efforts. We effectively create what we want through the Law of Attraction when we use our whole being instead of just our minds.

The Law Of Attraction – How You Can Apply It In Your Life

Are you familiar with the law of attraction? It talks about how your current thoughts can determine the outcomes of daily situations. You see, our thoughts and situations are made up of energy, and this energy attracts like energy. That is just how the Universe works. Hence, if you are an optimistic person, you tend to experience positive happenings, whereas if you are a pessimist, you may tend to experience bad happenings. I will be talking about this in greater detail in this article, so do stick around for what I am about to share with you. I believe it can change your life, and not just your perspectives in life.

Always Stay Positive

For a start, you should always stay positive. Make it a habit to think positive thoughts, even when you do not feel like. By doing so, the energy within you becomes positive, and you are telling the Universe, -I have all this positive energy in me, so bring me more positive energy!- The Universe will respond, and you will experience good happenings, and you will become happy. What if you are in a situation where it is difficult for you to be happy? Or what if something bad happens to you instead? Don’t stop staying positive! Your positive energy is on the way. Plus, by you staying negative, you are merely going to attract more negative energy into your life. You might as well turn things around and choose to stay positive in the midst of a difficult situation. The law of attraction will kick in whether you have positive or negative energy.

Help Others Because You Know You’re Blessed

The law of attraction is not really like karma, but I do encourage you to help others. You are not helping others so that you get good in return. You are helping others because you know that you have all this positive energy in you, and you want to share it with others. It really is like sharing the joy with other people, especially if they really need it. You could end up brightening someone’s day and even changing his or her perspectives in life. Besides, being selfish is a form of negative energy. You do not just want to keep all that positive energy for yourself. We live in a world full of negativity. In order for it to change, people who have an abundance of positive energy need to share it with those who don’t have it.

By now I hope you have a better understanding of how the law of attraction works and how you can apply it in your life. So stay positive, and be sure to help others.

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The Benefits Of Using A Call Answering Service For Your Solo Law Firm

Are you answering your own phone? If so, you may not be setting the right first impression for your law firm. A call answering service can help. Every business day call will be answered by a friendly, professional receptionist who can then transfer that call to you live or take a message and email and/or text it to you. Virtual receptionists can even perform initial intake for new clients and route calls based on who’s calling (e.g., try your desk phone for current clients but track you down on your cell for judges and people from the court).

If you’re answering your own phone, here are three things you may want to consider:

You may not give a stellar first impression. In fact, it can be downright off-putting to potential clients. As strange as it sounds, people are used to speaking with a receptionist or virtual live receptionist first. Potential clients aren’t expecting to speak with the attorney on the first ring. Legal professionals are notoriously busy, so when the head honcho answers right off the bat, it could make new clients feel uncomfortable. Are they neglecting their casework? Will they neglect my casework in favor of new business? Do they even have any cases?

Answering your own phone can be distracting. Chances are, you have cases to work on, and they take a high degree of concentration. Being interrupted by phone calls can be detrimental to your workflow; in general, for every interruption, it takes 25% more time to finish a project than if you had not been distracted. If you have an answering service for attorneys, you can block out periods of time to get stuff done while your clients reach a friendly, professional live person. Some virtual receptionist services even have mobile-friendly client portals and iPhone apps to help you keep them in the loop. They can then connect calls to you wherever you are, whenever you like, and sound as if they’re right in your lobby!

New clients may call your competitors if you miss their call. In addition to needing peace and quiet to prepare flawless work for your clients, you also may need to leave your desk every once in a while – you may be in court for hours at a time or just pop out for a quick bite to eat. Meanwhile, your phone will still ring, and your next big case could give up on you as soon as voicemail clicks on. Call answering services are ideal for this situation; where a full-time receptionist may also need to go to lunch, take a break, or call in sick, virtual telephone answering services are never away from the phone. Best of all, answering services are a fraction of the price of an in-house staff member, and you won’t have to waste time training and managing a new team member. You can focus on what you do best!

Answering your own phone – or leaving your clients to fight through a confusing auto attendant or in the uncertain hands of a cold voicemail box – could save you money in the short-term. However, for thousands less than the cost of a full-time employee, the benefits of a live virtual receptionist become clear. Your calls will always be answered promptly by a helpful, cheerful person, and your clients will rest assured that their attorney is responsive and makes customer service a top priority. In a time when outstanding customer service is scarce, a call answering service can make a huge difference in your practice.

Mesothelioma Law Firm – How To Choose The Best One For You

The choice of the law firm to handle your mesothelioma lawsuit is a very important choice to make. You must choose a law firm that will suit your needs. You must bear in mind that mesothelioma lawsuits tend to drag over a long time and they can be very expensive.

The road to justice in most of these lawsuits is often not very smooth and getting your desired justice might not be that easy.

The law firm you hire must be able to deliver the main goal of the lawsuit which is to win the case for you. The firm you choose will determine whether or not you will get the compensation you deserve, so you will have to choose very well. The better your choice, the better your chances of winning the case. Your law firm must be able to get you the justice you desire, be sure to explore all the options before you, do not rush into signing a contract with just any one.

-A good law firm will not make the lawsuit a cumbersome and expensive task.

-When trying to hire a mesothelioma law firm you will be faced with two options, either you hire a big or a small law firm.

-The big law firm usually have longstanding experience in mesothelioma lawsuits, they would have been involved in many asbestos exposure related lawsuits. Most of the cases they take up against asbestos related industries have been on behalf of groups, so they might end up sidelining small individual cases like yours.

When these big law firms handle your case, your chances of getting individual attention is poor.

The amount of likely mesothelioma settlements in small cases like yours might not encourage the big law firms. Also the mass settlements these big law firms usually get from the asbestos industries will not benefit you very much.

The U S Constitution — John Eidsmoe Falls Short Of Proving It’s A Christian Document

According to John Eidsmoe, the U S Constitution was heavily influenced by Christianity. That is the thesis of his book Christianity and the Constitution. Published in 1987 by Baker House, the book is 415 pages in length.

The book leads off with a survey of various philosophical schools popular in the 18th Century, not least of which was Calvinism. John Eidsmoe states that a majority of Americans were Calvinist, but fails to demonstrate its influence on the Founders.

The book deals briefly with “John Locke’s social contract theory,” which is said to be the “secular expression” of the covenant. Mr. Eidsmoe equates the two, a usual tactic of Christian Federalists to explain away the obvious secularism of the U S Constitution.

For example, he glosses over Locke’s humanism with the assertion that he was “a Puritan by background” who “based his political theories on Rutherford’s Lex Rex.” Thus he excuses Locke’s humanism and Latitudinarianism to arrive at an very tenuous conclusion. John Locke was a Puritan prodigal, not a faithful son.

Mr. Eidsmoe’s repeated confusion of social contract theory and Bible covenant is his biggest problem. He naively mistakes the preamble of the U S Constitution as a commitment to Bible covenantalism, instead of the godless social contract which it is. This confusion is typical of Christian Constitutionalists, who frequently equate the U S Constitution and the Word of God.

Another chapter looks at aspects of 18th Century Puritanism such as optimistic eschatology and the application of Biblical law to all of life. John Eidsmoe wants his reader to draw the conclusion that these were incorporated into the U S Constitution. But this does not follow. The first Great Awakening of 1742 is described as a revival of Puritanism. This tenuous conclusion supports the non sequitor that Puritanism was built into the U S Constitution of 1787.

Several aberrant philosophies of the time are also discussed, including Freemasonry and Deism. Freemasonry is introduced and then waved off as an innocent social club, useful for political and business networking. John Eidsmoe simply ignores the anti-Christian oaths integral to Freemasonry.

It is hard to summarize all the problems in the chapter on “Law and Government”. For one thing, Mr. Eidsmoe presents Montesquieu as a champion of Biblical law. In reality Montesquieu took the Bible as but one among many authorities, with all subject to natural law.

Likewise Blackstone’s Common Law is presented as a compendium of Biblical law par excellence. The fact of the matter was it had morphed into a barnacle- laiden anachronism by the 1750s. For example, some 200 mostly petty crimes carried the death penalty. Most juries refused to enforce it because it was so obviously unjust.

In reality Blackstone rarely even mentioned the Bible in his Commentaries. We assume John Eidsmoe has read Blackstone, so he should be aware of that.

Returning to Locke, Mr. Eidsmoe justifies his humanism and “blank slate” theory of the mind, which denies original sin. Again he draws the faulty conclusion that Locke’s “social compact theory is similar to the Calvinist idea of covenant.” This is a misleading statement because the two ideas are diametrically opposed. They represent the authority of man versus the authority of God.

All of these misperceptions color the religious biographies of the founders which comprise most of the book. For example, of John Witherspoon he notes that “He devoted his life to instilling the principles of Holy Scripture into the minds and souls of young men who then used these principles to shape America.”

It is difficult to see how anyone who has read Witherspoon’s class notes for his moral philosophy class could draw such a conclusion. Moral philosophy was the culminating class of the curriculum that Witherspoon taught personally to all the graduating seniors at the College of New Jersey. They are an exposition of natural law and secular social contract theory, with very little reference to Holy Scripture.

Typical of Christian apologists for the U S Constitution John Eidsmoe spends a good deal of time arguing that the Founding Fathers were all solid Christians. The usual assumption is that if we can prove the founders were Christian, the document they gave us must of necessity be Christian. But this is a non-sequitor. Space does not permit us to say all that could be said of these biographies.

At the end, John Eidsmoe lists all of the alleged biblical principles he has found in the U S Constitution. But most of what he cites is Enlightenment theory of the natural rights of man, egalitarianism, and natural law. The “consent of the governed” is the source of governing authority rather than God.

Mr. Eismoe is correct in concluding that knowledge of the sinfulness of man prompted the Constitution’s limited, delegated powers. This is the one point at which the Founders got it right, and we have Witherspoon to thank for that. But overall the complexities of this book should limit its use to the advanced student who is well-versed in the issues involved.

Copyright Law In India

Copyright is the exclusive right to publish and circulate any artistic, literary, musical works etc. granted to an author of a work for a limited duration. Copyright law in India ensures that copyright subsists in original literary, dramatic, musical and artistic work, cinematograph films, sound recordings and computer software. Copyright exists at the time of creation of the work but registration, as per the copyright law in India, provides prima facie evidence of validity in Law Courts.

In accord with the Copyright Law in India, a copyright may be registered as per the procedure set out in Chapter VI of the copyright Rules 1958. An application for registration of a copyright is to be made in Form IV which must include a Statement of Particulars and Statement of Further Particulars. The applicant for registration of a copyright must give notice of his application to every person who has any interest in the subject matter of the copyright or disputes the rights in the applicant.

Each work must be protected separately and separate applications are to be filed for the registration of each work. The requisite fee will also have to be paid, as prescribed in the schedule, at the time of submitting the application. The copyright law in India also requires a duly executed power of attorney to be filed along with the application. In case of a published work, three copies of the work are to be filed with the application.

Copyright Law in India provides protection for foreign works in India so long as the work is originally from any country listed in the International Copyright Order. To secure cross border protection in Copyright India has become a member of several International Conventions such as:
1. Berne Convention for protection of literary and artistic works
2. Universal Copyright Convention
3. Trade Related Aspects of Intellectual Property Rights.
4. Multilateral Convention for the avoidance of Double Taxation of Copyright Royalties.

Copyright law in India provides for assignment and licencing of copyright in India. An author of a work may transfer his ownership rights in a copyright through an assignment deed. As per the copyright law in India no assignment is valid unless it is reduced in writing and is in the form of an assignment deed. A licence too must be reduced in writing and signed by the owner of a copyright or his duly authorized agent.

Get The Best Law Advices From Mcgrath Mcgrane Solicitors

It is important to make sure that you have the best legal expertise on board in order to win any personal injurycompensation claims. Even though people keep saying that it is a hard task to win these situations but the reality tells us that if the right solicitor presents your case then there is a great chance for you to win it. Legal courtroom trials are not only hazardous but this is like a mental battle and a very tedious process as well; thus you need to opt for best legal advisers with ample years of experience behind their back to fight your case properly.

These lawyers can fight for your personal injury compensation that includes things like; medical expenses, vehicle repairing costs, loss of earnings, total loss of unused vehicle etc. They will take care of all the tiresome legal procedures on your behalf and ultimately help you to come out successfully from these emergency situations. The good news is that, to make your search easy, Dublin based law firm is all set to provide you the most friendly and affordable legal services in this whole region. Providing services to tons of clients all over Europe, their team of solicitors are ever willing to help you in different types of legal battles.

McGrath McGrane Solicitors offer complete legal solutions to matters related to Property services, Employment law, Personal injuries, Family law and many more. Satisfied clients who have worked with this law-farm are not willing to seek law counsel from anywhere else simply because of their impeccable services and efficiency.

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Your Lemon Law Rights, Warranty Or No Warranty

It is evident that lemon laws are needed worse than ever. There are still many people out there who do not know enough about the lemon laws that exist today. There are also many states in this country that want to push for legislation. Following in the footsteps of many other states, Oklahoma is now pushing through legislation to expand their current lemon law. Under the proposed legislation, a consumer who bought a defective vehicle would have the option of a refund or a replacement vehicle of a similar type if persistent problems developed in the first year of ownership, and would apply to new vehicles that had less than 15,000 miles on them during the first year of ownership. To qualify, a vehicle owner would have to bring the vehicle back to the dealer if a problem develops, and because the vehicle would still be under warranty, it would be a way to notify the manufacturer of the problem.

Laws such as these raise questions in the minds of many consumers, however. What are their rights under warranty, and what if the warranty expires before problems are fixed?

There are two main categories of warranties, called full and limited, explained by leading California lemon law attorney Norman Taylor. A full warranty imposes many requirements on the manufacturer, including a requirement that the manufacturer replace a defective product after a reasonable opportunity to repair it. Unfortunately, however, most manufacturers only provide limited warranties.

Questions on whether or not your warranty covers specific issues are best answered by a qualified lemon law attorney. There are many legal factors that apply in addition to a warranty when it comes to defective vehicles, and warranty or no warranty you still have rights under the law.

If a warranty expires before a dealer or manufacturer has corrected persistent defects, the manufacturers duty usually continues beyond the warranty period. In some states, including California, when a defect appears during the warranty but repair attempts fail to correct the defect, the warranty period is extended until the defect has actually been fixed, said Taylor. This rule was established to prevent manufacturers from performing band-aid repairs, designed to address the defect only until the warranty expires, and then saying, we have no further obligation. The law requires a permanent cure.

If you feel you have purchased a lemon, you should contact a qualified lemon law attorney right away for consultation.