Category: Law

Law is a system of rules and guidelines which are enforced through social institutes to govern wherever possible. It shapes political, economics and society in very many ways. Civil lawis a legal system. A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may by civil or criminal. All legal systems deal with the same basic issues, but jurisdictions categories and identify its legal subjects in different ways. A common distinction is that between “public law” (a term related closely to the state, and including constitutional, administrative and criminal law), and “private law” (which covers contract, tort and property).

There are many types of law:-

Civil law: lawsuits and other hearings where there is no accusation of a crime. In these cases, the standard of proof is preponderance of the evidence. Both sides are private parties and nobody can be sent to jail over the issue at hand, but the court can issue rulings which make people do things, refrain from doing other things, and/or award monetary damages

Criminal law: the process for dealing with crimes. In these cases, it is the government versus the accused, and the government has to show guilt beyond a reasonable doubt.

Administrative law: law dealing with the internal running of government departments and services. There aren’t as many standard rules for administrative law, as it mostly deals with the regulations of a particular government body. Appeals of Social Security disability cases would be an example of administrative law.

Family law: a subset of civil law which deals with divorce, parenting, and related issues.

Divorce law : Divorce (or the dissolution of marriage) is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties

Will law: A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his estate and provides for the transfer of his property at death.

Corporate law: both civil and criminal law deal with regulating corporations and how they can act within society, things like accounting regulations and fraud (criminal) as well as product liability (civil).

Contract law: a subset of civil law dealing with contracts and how they are enforced by courts.

Traffic law: a subset of criminal law dealing with traffic violations.

Constitutional law: an overarching area of law dealing with the Constitution and its interpretation.

Religious law: is explicitly based on religious precepts.

Sociology of law is a diverse field of study that examines the interaction of law with society and overlaps with jurisprudence, economic analysis of law and more specialized subjects such as criminology. Although a formalized, authoritative source of law provides a precise and clear-cut answer to a legal problem, non-formal sources are also not unimportant and should not be ignored. Where a formalized legal document reveals ambiguities and uncertainties making alternative courses of interpretation possible, the non-formal sources should be resorted to for the purpose of arriving at a solution most conductive to reason and justice. When the formal sources entirely fail to provide a rule of decision for a legal case, reliance on the non-formal sources becomes mandatory.

What is Criminal Law Exactly in Colorado?

Each and every breaking of law is composed of criminal characteristics. Capital penalty may be levied in some legal powers for the most substantial crimes. Genuine physical or corporal concerns may very well be imposed comprising beating or punishing. Though, these consequences are not permitted much of the world. Individuals might well be imprisoned in prison or correctional centers in many components as per the legal system. Detention might be aloof. The duration of prison time may vary up to great extent from a day to life.

The national government administration has a right to execute even a house arrest, while offenders usually have to adapt with particular specifications during a bail or trial regimen. Tickets can also be forced, seizing money or house from the person convicted of a crime.

In Defense Law, the suit is initiated by the prosecutor through the state regime or government in place of being started by the victim. Petitioners in a civil law suit just have to show by a blend of the proof that a suspect is 51% and up in charge answerable for the damage. Yet, the prosecuting attorney in a defense law case has to prove in front of the jury “beyond the shadow of a doubt” that how a suspect is guilty of the crime indicted.

Criminal defense lawyers should be graduate scholars of an American Bar Association qualified law university and should also have cleared the test of California. After clearing the bar exam they join the law firm to learn how exactly deal the cases in both state and federal courts.

How to Choose a Right Denver Criminal Defense attorney?

When selecting a criminal defense lawyer, it is also important to see their knowledge and understanding about your case. It is always good to have a professional on your side that knows how to defend you from the charges or you have to face serious consequences like imprisonment or may be more. A professional criminal case lawyer fights against the suit effectively with the experience he got from past cases. So always check their experience in dealing with the cases like your case. Choosing a lawyer who is familiar with your community as well as the kind of case can also encourage you to believe that you are in safe hands.

It is really difficult time when you experience charges of some criminal offense. Being a suspect can be a very tough experience, during this time finding a good lawyer could be really a great help for any accused. He can also assist you with taking adequate steps toward freedom from legal distresses. Keeping this feature in deliberation can offer great help.

The sad fact about solicitors is that you generally only approach them when something in life is worrying you. Of course, there are occasions when people consult lawyers in order to start an exciting new business or to arrange the conveyancing for their dream home, but a lot of people only find themselves in the company of solicitors when they are experiencing some kind of hardship. This is particularly true in the field of employment law, with over 186,000 claims having been accepted by the Employment Tribunal in April 2011 to March 2012 alone (Employment Tribunals and EAT Statistics, 2011-12 [2012-2013 figures were not available at the time of writing]). Due to the rapidly-evolving nature of employment legislation, if you find yourself in the position of needing expert advice on a difficult employment situation, the first people to whom you should turn are employment law solicitors in London or your local area.

The role of the employment solicitor is to advise you on the validity of your claim and, if they are confident that your case has merit, to help you in seeking remedy, whether that is a financial award such as compensation or the rare award of reinstatement and re-engagement. Although you may be apprehensive about approaching employment law solicitors in London or your local area, for fear that they will mislead you about the legality of your case in a bid to proceed with the matter and charge you for their services, a legal adviser who brings an unsubstantiated case may be penalised for wasting the time of the tribunal and other parties. Therefore, you can be confident that a recommendation to proceed is genuine and that your case will not be thrown out at the first sifting of applications.

Before presenting your claim to the tribunal for their judgment, employment law solicitors in London and across the UK may also help you to avoid a hearing through the use of mediation and by negotiating a settlement on your behalf. While you may attempt to finalise a compromise agreement by yourself, your employer (or former employer) is likely to have a greater knowledge of employment law than its staff and may manipulate them with this information. Instructing employment law solicitors in London or elsewhere can provide a counterbalance to this tactic and ensure that you are not bullied or browbeaten by the company’s authority.

In the nineteenth century and parts of the twentieth century, employees and employers were largely left to themselves to arrange a working agreement, including payment, work conditions, and so on. Employees had to trust that their employers would treat them fairly, and employers knew that if they didn’t treat their workers well, they might leave to work somewhere else. Although this arrangement worked well for many, during the industrial revolution, employees began to lose their leverage of leaving that kept employers in check.

During the industrial revolution, large factories rose up, employing workers by the thousands. Employers rarely had direct contact with their employees, and people akin to task masters oversaw the workers. Working conditions were harsh. If a worker showed up late to work, was in any way disorderly, or tried to unionize, he or she could be fired. Even children were hired and forced to work long hours in unhealthy environments.

And despite poor working conditions, long hours of arduous labor, and low wages, factory employees had nowhere else to go because most places of employment were the same. These difficulties were most often experienced by immigrants and the poor, and because they had no way to improve their situation, these workers had no choice but to work in these factories and other similar places.

Eventually, in the early twentieth century, the government passed a series of labor laws that helped rectify the poor working situation. These laws established minimum wages, work environment regulations, and union rights. And throughout the century, more laws were periodically passed that made illegal any discrimination (based on gender, religion, age, and so on) against employees.

Because of the sufferings of thousands in those prior years, employees today enjoy the benefits of being guaranteed certain rights. Unfortunately, some employers are still found guilty of disobeying these employee-protection laws.

Today, the most common breach of employee rights is discrimination. Some employers may even inadvertently discriminate against employees based on age, gender, race, religion, or disability. But inadvertent or not, discrimination in the workplace is illegal. One of the only exceptions is discriminating against disability. If a job cannot be performed with reasonable accommodation by a person with a disability, the employer retains the right to not hire that person. Of course what is considered “reasonable” is something of a gray area, but the exception is meant to ensure that employers aren’t forced to hire someone who can’t perform the job.

Another common type of discrimination is based on age. Many have the misconception that someone who is older may not be as good a worker as someone who is young. However, if an elderly person meets all of the requirements of job, he or she must be seriously considered on equal footing with other candidates.

In regards to the payroll, gender discrimination is quite common. In general, women are still paid less than men for performing the same jobs. Although this disparity in pay is becoming smaller and is not as bad as it was just a few decades ago, in general, women are still paid less. The problem in detecting this type of discrimination is that people are often prohibited from discussing income with their coworkers, and many people don’t know what is considered fair pay for their jobs.

Another all-to-common illegal occurrence in the workplace is sexual harassment, particularly toward women. Sexual harassment can range from derogatory or sexual comments to receiving promotions based on sexuality to unwanted forceful actions. And sexual harassment is illegal not only if it comes from an employer but from a coworker as well. Unfortunately, in many cases of sexual harassment, the victims are either too embarrassed or scared to come forward and take legal action against the guilty party.

And although discrimination and harassment are illegal, when people take legal action against their employers on the basis of discrimination, feelings of tension or anger may exist between the two parties. And although there may not be much a person can do to resolve the tense atmosphere, employees can rest assured that if an employer attempts to discharge our fire them because they filed a charge of discrimination, the employer will face additional legal charges.

Employers also cannot legally retaliate against those who take protected leave under the Family Medical Leave Act or who file a workers’ compensation claim. Such retaliation is illegal so that employees will not be threatened or discouraged from filing legal charges.

Sometimes employees find it difficult to prove that they are being discriminated against or they may not be entirely sure what legally qualifies as discrimination or unfair treatment. In these cases, an employment attorney can be helpful. Employment attorneys specialize in labor laws and are familiar with past employment law cases, which can help you better understand your rights and determine if you should take legal action against an employer. And whether you’re looking for a Houston employment attorney or one elsewhere, you should research the attorney’s qualifications and experience before hiring one to advise or represent you.

Labor and employment laws were created after years of worker oppression and in response to employees’ demands for fair and equal treatment. Because of these laws, employees are no longer required to work obscenely long hours for little pay, work in unsafe environments, or suffer from harassment and other abuses. Because of these laws, working conditions have drastically improved, and with the current legal system, employees have a means to constantly evaluate, analyze, and continue to improve working conditions in a way that ensures they can do their best work without fear of oppression or discrimination.

As long as law enforcement agencies have been dealing with recorded audio and video, there’s been a need for law enforcement transcription. Despite advancements in technology, those pieces of audio and video that are entered into evidence or as part of an investigation still need to be transcribed for reasons of documentation and clarity.

The responsibility for transcription has commonly fallen on the shoulders of those professionals that require the work; law enforcement agencies, attorneys, public defenders, prosecutors, security companies, and others.

Unfortunately, over time the caseloads for law enforcement agencies have increased while there has been no increase (and sometimes a decrease) in personnel to manage the work and influx of forensic transcription.

Budget cuts have made it virtually impossible for many law enforcement agencies to bring on additional staff to assist with the translation and transcription, creating a nightmare of labor costs for many divisions.

Security Concerns

The possibility of outsourcing forensic transcription is one that is routinely discussed in many agencies, but many have reservations about utilizing outsourced services, particularly when delicate evidence in audio and video is concerned.

In the past many agencies were wary about sending out hardcopies of audio and video to be handled by a law enforcement transcription company when considering the potential of that content becoming ostor corrupted.

Likewise, the more hands an item passed through, the greater the chance of the material becoming damaged or leaked especially to the media. These security concerns have encouraged a number of agencies to retain the transcription and translation work in house.

As technology has advanced however, new and far safer methods make it extremely simple to get the necessary content to a transcription service; Audio and video content can be uploaded to a secured server managed by the transcription service.

This secure upload makes it easy to monitor and maintain who has custody of the content because it passes easily from point A (the law enforcement agency that requires the transcription) to point B (the transcription service).

Reeling Budget Considerations

With the economical upset across the nation, many law enforcement agencies have suffered severe budget cuts that cost them both personnel and equipment. As such, it’s been extremely difficult for many of those agencies to justify paying an additional cost for outsourcing forensic transcription.

For many transcription services, it is common to charge by the line or by the page. Unfortunately it’s often very difficult to determine how many pages an interview will leave you with once it’s transcribed. There is another option that can make budgeting easier for law enforcement agencies, and that’s to opt for transcription services that charge by the minute.

That means if an agency needs transcription for a 46 minute interview whether in audio or video format – then the agency is charged for 46 minutes.

The Real Benefit of Outsourcing Law Enforcement Transcription

The real problem facing law enforcement agencies, and any agency involved in the criminal justice system that is subject to strict budgets, is that in-house transcription takes up a tremendous amount of time and man power to complete.

Many agencies oppose outsourced transcription services because they fear the cost, as mentioned previously, but they don’t consider the actual cost of keeping that transcription in-house. Their intention is to save money by keeping transcription in-house but unfortunately that decision is costing some agencies a great deal of money.

Salaries/Wages
Paid to those employees, secretaries, etc. who are required to transcribe the data sometimes in the form of overtime depending on the case load.

Management Expenses
Transcriptions typically need to be reviewed for accuracy and tracked to ensure that they are being completed in a timely manner. This can take time away from those in positions of authority within the department or agency.

Cost of Information Technology
The cost of purchasing and maintaining software and hardware plus the training of employees and personnel to utilize the equipment for audio and video transcription

Overflow and Delay Costs
There are inevitable times when delays occur which can pose significant problems to law enforcement cases where a deadline is concerned. Often the overflow and delayed material winds up in the hands of an outsourced company. Due to a looming deadline and thus a rapid turnaround requirement, the cost for such a service is often higher.

A Viable Alternative

Forensic and law enforcement transcription & translation outsourcing have become one of the primary ways that many agencies are finding budget relief. With skilled outsourcing to a service that employs trained forensic transcriptionists, law enforcement agencies gain a number of benefits:

Reduced man hours of on-site personnel
Elimination of the need to hire additional personnel to meet demands
Improved quality of the transcribed content
Reduced delays in transcription (rapid turnaround)

Outsourcing of forensic transcription means that far more agencies will be able to put their personnel where they belong focusing on the agency’s primary responsibilities. With skilled outsourcing, law enforcement agencies, security companies, and so-on can trim costs because they are able to get transcripts completed on time, thus meeting the demand of an increased case load without the need to hire more staff or force current staff to burn the candle at both ends.

The new age of digital transcription via the web has given law enforcement agencies, public defenders offices, security companies, and others a means of maintaining the security of their data as it’s being passed off to trained forensic transcriptionists, and a rapid turnaround on those pressing cases that need to be handled quickly.