September 9th, 2010 at 05:55pm
Under Uncategorized
Not long ago I decided to stop writing for content distribution sites and publish one myself. That did not sound so difficult. I mean everyone wants to write and everyone has at least a few friends that will accept article links. So why should it be so difficult to start up an online publishing business? Even the parole is not a problem when you base the writers salary on the page impressions and pay per clicks they earn.
Truth is not many people will work without a guaranteed salary for a company with no established reputation. The corporate monsters seem to have most of the willing writers sewn up. I found myself with a lot of advertisers and a lot of visitors but not nearly enough content. Many writers also confused the writing gig ads I placed for full time staff jobs even though I was careful to spell out the pay structure up front.
The money it would have taken to pay writers out of pocket for the articles I needed would have far exceeded any income potential for the site. Like any overworked and under paid entrepreneur I decided to sit down and fill my own pages with articles. I wrote under several names on several subjects hoping the generate some interest from other writers. I ended up with some pretty good material but still not many writers willing to publish on my site.
In retrospect I probably should have just stayed with the big content publishing sites. I was making a little money doing what I enjoy. Sometimes we can let our dreams get in the way of our progress. Writing is what I love and what I hope to do for the rest of my career. And who knows, maybe one day I can make a success out of my little content web site.
By blythe100
August 24th, 2010 at 08:45am
Under Uncategorized
Does a pharmacist have the right to refuse to fill a legally obtained birth control pill prescription? A number of pharmacists certainly are trying.
According to the Milwaukee, Wisconsin Journal Sentinel, Nicole Safar, a spokeswoman for Planned Parenthood in Wisconsin, said, “There has been a strong movement to restrict birth control over the past five or six years”.
Ms. Safar, who is a legal and policy analyst, went on to say, “There is an extreme religious view that equates birth control with abortion, and they have already gone as far as they can in restricting abortion.”
This concept was tested in the Wisconsin courts in March, 2008, when the 3rd District Court of Appeals ruled that Wisconsin’s Pharmacy Examining Board was correct when they reprimanded and limited a pharmacist’s license after he refused to refill a young woman’s birth control prescription based on his religious beliefs.
In this case, the appellate court had ruled that Neil Noesen, the pharmacist actually had the right to refuse to provide the birth control pills. However he was wrong when he refused to allow the woman to get her prescription filled elsewhere.
Based on court records, on July 6, 2002, a University of Wisconsin-Stout student went into the Menominee K-Mart to fill her birth control prescription. Noesen asked her if her intent was to use the prescription for contraception.
After she acknowledged that this was her intent, Noesen, who is a Roman Catholic, said it was against his religious beliefs to till the prescription and refused to advise her as to where or how she would be able to get the prescription filled.
The woman left and took her prescription to a Wal-Mart Pharmacy. The pharmacy called Noesen. He refused to transfer the woman’s prescription. He subsequently said that if he transferred it that it would constitute participating in contraception.
Ordinary standard care, according to the judge, “requires that a pharmacist who exercises a conscientious objection to dispensing a prescription must ensure that there is an alternative mechanism for the patient to receive his or her medication, including informing the patient of their objections to obtain their prescription.”
In most states, including Wisconsin, health care workers, not pharmacists, are permitted to refuse treatment on moral grounds. The decision, written by Judge Michael Hoover, said Noesen actually, “…prevented all the efforts (the woman) made to obtain her medication elsewhere when he refused to complete the transfer and gave her no options for obtaining her legally prescribed medication elsewhere.”
The United States Supreme court holds that an individual’s religious beliefs don’t exclude compliance with “otherwise valid laws prohibiting conduct that the state is free to regulate”
By blythe100
August 23rd, 2010 at 06:40am
Under Uncategorized
Utah DUI Law
Driving under the influence of alcohol and drugs is against the law in the state of Utah. Because DUI is a criminal offense, you will be charged and tried in a court of law. If convicted, you face harsh penalties such as jail time, fines, and the loss of your driving privileges. You will also face administrative actions involving the validity of your driver’s license. Because all of these consequences have the potential to negatively impact your life, it is important that you contact a Utah DUI attorney immediately following your arrest for driving under the influence. While a Utah DUI lawyer cannot guarantee that he or she can win your case, having the benefit of specialized legal counsel can give you the best chance for doing so.
Utah DUI Arrest and Prosecution
When you are arrested for driving under the influence, you are given a notice that directs you to appear in a court of law. This court appearance is known as the arraignment and is a good time to have a Utah DUI attorney with you to help you feel more at ease and give you a better understanding of what will happen throughout the criminal proceedings. At your arraignment, you will be able to enter a please. Most people using the services of a Utah DUI attorney plead not guilty and schedule their cases for pre-trial conferences. If your attorney has a different strategy, the arraignment may be continued without you entering any plea as to your guilt or innocence. Choosing an action will depend on your Utah DUI lawyer and the strategy he or she plans to use. If you need more time to gather information, the action you take at the arraignment will be important so you can be granted more time. If you submitted to chemical testing, your Utah DUI attorney may get a court order to have the sample you produced split so it can be tested by an independent facility. This will allow your attorney to have the sample tested for a number of different things and determine how valid the sample is. This is an important part of preparing for your criminal trial.
After your arraignment, your case will progress to a pretrial conference. This will give you and your attorney the chance to meet with the prosecutor in your case, review settlement possibilities, and consider any plea bargain offers the prosecutor may extend. Because the courts often have many cases to deal with, you may have more than one pretrial conference. Your attorney’s strategy may include having several pretrial conferences to buy more time to investigate your case and gather evidence. Your attorney may also file several motions for the judge to order a specific action. You may try to suppress the evidence in the case or compel the prosecutor to turn over any additional information that will be used in your case. If the prosecutor in your case offers a plea bargain, your attorney must inform you about the plea bargain and let you know the benefits and drawbacks of accepting. If you accept a plea bargain, your case will end with you having to comply with all of the conditions of the plea bargain.
If you do not accept the please bargain, your trial will proceed and the prosecutor will try to prove your guilt. You may be prosecuted in one of two ways. One is where the prosecutor tries to prove your guilt by showing that you were under the influence of alcohol and drugs and that these influence impaired you to a level where you could not safely operate your vehicle. The other is by showing that your blood alcohol concentration level was 0.08% or greater as shown by a chemical test. If the prosecutor is able to prove you are guilty and get a conviction, you will face criminal penalties.
Utah DUI Criminal Penalties
The penalties for a DUI conviction in Utah vary with the level of offense and any aggravating factors present.
The penalties for a first DUI offense may include:
o 48 hours in jail or 48 hours of house arrest
o $700 fine
o Alcohol education
o Supervised probation
o Ignition interlock device installation requirement
o 90 days to 2 years of license suspension
A first offense is a Class B misdemeanor unless specific circumstances exist. A first offense will be classified as a Class A misdemeanor if the DUI results in bodily injury, there is a passenger under the age of 16 in the vehicle, or the driver is under 21 and a passenger is under 18. If serious bodily injury is caused, it will be classified as a third degree felony. The penalties for a second offense may include:
o 240 hours in jail or under house arrest
o $800 fines
o Alcohol screening and assessment
o Supervised probation
o Ignition interlock device installation
A second offense is classified as a Class B misdemeanor but may be classified as a Class A misdemeanor if bodily injury is caused, there is a passenger under the age of 16 in the vehicle, or if the driver is over the age of 21 and there was a passenger in the vehicle under the age of 18. It will be considered a third degree felony if you have had a prior DUI conviction or serious bodily injury was caused. The penalties for a third offense may include:
o 1500 hours in jail or house arrest
o $1,500 fine
o Alcohol screening and education
o Supervised probation
o Ignition interlock device installation
If you have three or more offenses in 10 years, a third DUI offense is considered a third degree felony. Because the penalties for DUI are so severe, it is important that you have a Utah DUI attorney represent you if you want to have a chance at winning your case and moving on with your life.
By blythe100
August 16th, 2010 at 01:50pm
Under Uncategorized
Wisconsin is a state in the United States of America that is located in the north central part of the U.S. It boarders two great lakes. The capital city of Wisconsin is called Madison while the largest city is called Milwaukee. According to the U.S Census Bureau of 2000, this state has a population of 5,363,675. By now, this population must have increased. Wisconsin has a number of interesting and romantic places you and your date can go to. If you are dating in Wisconsin, here are a few places you can start with while looking for some more.
It is always good to start with the museums of the place. Especially if the museum has the history of the people of that state and how they lead their lives. If you are dating in Wisconsin you can go to Old World Wisconsin’s Museum which is an outdoor museum that concentrates on the history of the immigrants and people who settled here in the early nineteenth century. It is a great place to start. Another museum you can visit while in Wisconsin is the Oshkosh Public museum which has a lot on Native Americans, trades and so many other things. The Leigh Yawkey Woodson Art Museum has a collection of rooted in birds and beautiful sculptures that are good to look at. While the Neville Public museum is a great place to go and see their great exhibits while at the same time get a chance to see the panoramic view of Fox river.
Before you are done with the museums, you can go to visit the Angel’s Museums which has a lot angelic structures and exhibits if you are dating in Wisconsin. They have more than 900 black angels that were donated by Oprah Winfrey and about 12,000 angels. This place is heavenly. You can then drop in their A Taste of Heaven Cafe to have a dessert with your date. You will have to book though to enjoy this place. If the desert, it gift time and you can go visit their gift shops to see what you can get from there. You will even have trouble in choosing the most perfect gift because they are all good.
If you are dating in Wisconsin, you can take a carriage ride around Wisconsin and see the great cities. You can take a carriage ride in Milwaukee or its capital city Madison. You will however need to make some reservations if you are taking this carriage ride in this two great cities. However in other cities, it is not so much a priority to making a booking and you can do it in a spa of a moment. The carriage ride will then take you to so many places in the cities. It is actually a great way of viewing the city if you ask me. This tours take as long as twenty minutes to one hour and you can even ask the driver of the carriage some questions on places you are passing that you are interested in.
By blythe100
August 5th, 2010 at 02:00pm
Under Uncategorized
In a business sense, ethics are a system of moral principles or rules of conduct. Attorneys, paralegals, and legal assistants or secretaries have codes of ethics within the legal field. A paralegal should maintain a high degree of professionalism while performing her work. That high degree of professionalism is ensured when she manages her work duties while following a particular code of ethics.
Which ethics affect a paralegal career is best explained by reviewing the Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement, which was adopted in May 1993 by the National Federal of Paralegal Associations, Inc.
Section 1 of the Model Code sets forth disciplinary rules and ethical considerations for paralegals.
Section 1.1 A Paralegal Shall Achieve and Maintain a High Level of Competence.
A paralegal’s competence continues to grow by education, training and on-the-job experience. The Model Code states that a paralegal should participate in a minimum of twelve hours of CLE (continuing legal education) every two years. This is an excellent way for legal assistants to stay updated on changes to laws. Her continued training should include at least one hour of ethics education. A paralegal should remain current on changes so she can help clients to the best of her ability.
Section 1.2 A Paralegal Shall Maintain a High Level of Personal and Professional Integrity.
This section deals with a paralegal’s conduct regarding work matters. Paralegals should not discuss cases with court personnel in an attempt to exert influence over a ruling. They may not talk about cases to people who are represented by an attorney without that attorney’s consent.
This section also deals with a paralegal’s billing practices. It says basically that a legal assistant will be honest and accurate in time and expense reporting. By the way, not only is fraudulent billing unethical, it’s a crime. Some of these points are no-brainers but need to be set out nonetheless.
Any cash or money accounts handled by a paralegal through his work should be reported honestly.
Section 1.3 A Paralegal Shall Maintain a High Standard of Professional Conduct.
A paralegal’s conduct will be appropriate, as if he is in front of a court. He shall not engage in violence or be dishonest. He will not interfere in the administration of justice. A legal assistant won’t abuse the powers of a professional position or public office.
Section 1.4 A Paralegal Shall Serve the Public Interest by Contributing to the Improvement of the Legal System and Delivery of Quality Legal Services, including Pro Bono Publico Services.
One way a paralegal can help his community is by volunteering to serve on committees which improve local legal services.
Section 1.5 A Paralegal Shall Preserve All Confidential Information Provided by the Client or Acquired From Other Sources Before, During and After the Course of the Professional Relationship.
I believe this section is the most important one for a paralegal to understand and heed. A paralegal must not discuss any confidential information about a client or case with anyone other than her boss or the client himself. What is confidential information? Why bother trying to dissect it, just don’t talk about it.
It is a paralegal’s responsibility to tell her boss anything she has learned about the case to assist in his representation.
Note that this section specifically states “before, during, and after the course of the professional relationship.” A paralegal should not discuss a case with others even when it is concluded.
Section 1.6 A Paralegal shall Avoid Conflicts of Interest and Shall Disclose any Possible Conflict to the Employer or Client, as Well as to the Prospective Employers or Clients.
If a paralegal may have a conflict of interest in working on a case, she should inform her boss. An example of a possible conflict of interest is if the paralegal was previously employed by a law firm representing an opposing party in the same case. It is probably best that she not work on that case for her current employer at all. When it has been established that a conflict of interest is present, everyone needs to be aware of the situation and cooperate in adequately protecting the client’s interests as well as the paralegal herself by not discussing the case around her and routing paperwork well away from her.
Section 1.7 A Paralegal’s Title Shall Be Fully Disclosed.
A paralegal should include her title on all correspondence, business cards, formal letterhead, pamphlets or any other form of written communication. For example, her signature would read:
Sincerely,
Laura McDonald
Paralegal
This eliminates any possible confusion over what her position is. Some people may assume she is an attorney, and expect or demand more from her than her position allows. This could create major problems, and brings us to our next ethical issue.
Section 1.8 A Paralegal Shall Not Engage in the Unauthorized Practice of Law.
The best rule of thumb to follow is: paralegals may not give legal advice. Check with your local jurisdiction on any possible variances, but basically it means leaving the legal advice giving to the attorneys.
By blythe100
July 6th, 2010 at 03:55pm
Under Uncategorized
Distracted driving is one of the biggest dangers on America’s roads today. People have more distractions than ever before, from phones to media players to GPS tracking systems. While they bring an unparalleled convenience to our lives, they also bring a plethora of distractions, any one of which could potentially cause a serious, even deadly, car accident.
Drunk driving has for generations been rightly viewed as dangerous and negligent, putting everyone on the road at risk of being injured or worse. However, recent studies have found that distracted driving may be at least as deleterious to driving ability as drunk driving. According to a 2003 study by the University of Utah, subjects who engaged in lengthy, involved telephone conversations while behind the wheel were actually worse drivers than subjects who operated the vehicles above the legal limit.
Many people believe that a bluetooth or cordless headset can reduce the risk of accidents. However, the University of Utah study suggests that this is not the case. There was no significant difference in stopping distance between drivers on a hand-held telephone and those using a headset. Many states have passed legislation illegalizing the use of a hand-held phone, there is little evidence to suggest that this will make the roads any safer.
Text-messaging is even more dangerous than telephone use. A 2009 study conducted by Virginia Tech found that a whopping 81% of car accidents were caused by distracted drivers. The single biggest distraction was found to be text messaging. According to the study, text messaging while driving makes a driver a grim 23 times more likely to be involved in an automobile accident. Stopping distance increases exponentially, because a driver isn’t looking at the road.
Regardless of the cause of the distraction, the result is the same: a driver who is unable to properly drive his or her vehicle. Drivers who aren’t paying enough attention to the road are astronomically more likely to cause an accident – an accident that could hurt others as well as themselves. You owe it to your own safety, as well as the safety of those around you, to be a responsible steward of the road.
If you’ve been in a car accident caused by someone who wasn’t paying attention to the road, you may be entitled to financial compensation.
By blythe100
June 28th, 2010 at 06:05pm
Under Uncategorized
The Cash for Clunkers program is on, and it’s a great deal – if you’re one of those lucky people in a position to take advantage of it.
First, do you have a car that gets 18 miles per gallon or less? If not, sorry – this plan is not for you. You can’t go to the nearest junkyard and buy and old gas guzzler to trade in for the rebate. This has to be a car that you have owned for at least a year, including insuring it and having it registered. There are other requirements intended to make sure that the money goes toward taking gas guzzlers off the road. In order to qualify, your trade-in must:
o Get 18 MPG or less (according to their chart, not your actual mileage or what the manufacturer said when you bought it)
o Be in drivable condition
o Have been owned, registered and insured by you for the last year
o Be less than 25 years old
o Must be owned free and clear (the dealership can probably help you pay off your loan as part of the purchase of the new car)
Next, you need to find an eligible new car. You can find a list at cashforclunkersresource.com. It needs to get at least 4 miles per gallon more than your old car for the $3,500 rebate or 10 mpg better for the $4,500 rebate. The rules are slightly different from trucks and SUVs.
If your trade-in and your purchase qualify for the Cash for Clunkers rebate, it is in addition to other government incentives and manufacturer’s rebates. So research the prices and incentives on the new vehicles you are considering. Also look into other government incentives like the hybrid vehicle credit. If you can combine government incentives and dealership offers, you could get a really spectacular price on a new car. You must buy the new car or lease it for 5 years or more to be eligible.
The NHTSA is in the process of certifying new car dealerships to administer this program, but that’s taking time. Don’t wait, though. Go ahead and contact your local dealership now. They may be willing to process the rebate to you, knowing that they will be certified and can submit for reimbursement then.
Get your paperwork ready. You will need:
o Proof that you have had the car insured for at least a year. Bring this year’s insurance certificate and last year’s.
o Proof that you have had the car registered for at least a year. Bring a copy of this year’s registration and last year’s.
o The pink slip. (If the car is not yet paid off, bring information about the current loan and lienholder.)
o Financial information to apply for a new loan or lease.
Now you’re ready to go buy a brand-new fuel efficient car or truck!
By blythe100
June 22nd, 2010 at 06:05am
Under Uncategorized
An inevitable effect of the current real estate market is that many Arizona renters innocently suffer when their landlord fails to pay their mortgage and the bank forecloses. Frequently, after the foreclosure the tenant will be evicted by the new owner of the property. This article will not address the possible defenses to such a foreclosure that such a tenant may have, but instead focuses on the remedies an Arizona tenant may have in seeking damages from the landlord. Tenants facing foreclosures, however, should consult with an Arizona landlord tenant lawyer to see if they can prevent a foreclosure, as there are some defenses available, particularly in light of recent federal legislation addressing this situation.
As an initial matter, a tenant evicted early due to a foreclosure may very well have a claim against the landlord for damages, but should carefully consider whether it is worth the cost to bring such an action. The old axiom “don’t throw good money after bad” is applicable here. There is a reason the landlord was foreclosed on – he/she doesn’t have any money. Unless you are sure you can collect, it may be wise to simply move on.
That being said, if a tenant is not in default under the lease but is evicted because of a foreclosure, the landlord has breached the lease based on the failure to provide the promised right to occupy the home through the end of the lease.
Unfortunately, upon a foreclosure the rights of everyone involved with the property are generally terminated, including the rights of a tenant occupying the property. Because the landlord, however, has failed in his/her obligation to make the premises available to the tenant until the expires, the landlord can be held liable for damages suffered by the tenant as a result of the breach. Tenants should carefully review the lease to make sure that the landlord has not included a clause terminating the lease in the event of foreclosure, which will probably relieve the landlord of liability.
So what are damages are recoverable by a tenant? In general, anything that can be proven to be the direct and reasonable result of the untimely eviction, including moving costs, costs to change utilities, costs to enter into a new lease, extra rent charges, and amounts such as security deposits that should have been refunded by the landlord.
To sum things up, a tenant evicted early after foreclosure likely has some claims that can be brought against the landlord. Getting the landlord to pay up, however, may not be easy. The landlord has just lost his/her home, and there is a high likelihood that the money simply isn’t there to pay. Even if they do have the money, some landlords may simply refuse to pay without being required to do so by a court. If that is the case, the tenant will have to file a lawsuit (usually in Justice Court), get a judgment, and then figure out how to collect. The most common methods of collection are garnishment and putting a lien on any real property belonging to the debtor. Of course, if you get that far, the landlord may file for bankruptcy, which will likely result in your judgment being worthless.
If you are an Arizona tenant or landlord facing the possible consequences of foreclosure, you should consult with an experienced Arizona real estate lawyer as the particular fact situation of your case may change the above analysis.
By blythe100
June 16th, 2010 at 03:35pm
Under Uncategorized
The title, CrankyApe Auction, is quite amusing if you happen to come by it while searching online for a bank repo auction for cars and other vehicles. When it first pops up in the search results you can’t help but think it’s a joke of some kind. All you can picture in your head is an angry chimp in the process of being auctioned off, which is kind of funny because the concept is so random and bizarre. But if you click on it out of curiosity you will be brought to a quite legitimate site for online auctions featuring bank repo and insurance repairable vehicles.
If you are familiar with online auction sites (and who isn’t?), the CrankyApe Auction website, crankyape.com, will be easy for you to navigate and understand. On the Home page you are presented with the “featured auction” of one of their available vehicles which is in the midst of active bidding. There is a search box at the top so you can locate an offered vehicle by Unit Number. It appears you have to know the Unit # you’re looking for because that’s all it accepts. So it is most likely a tool for repeat visitors who have looked at a particular vehicle before. And on the left side of the page is a list of links to all the different items to be auctioned. It’s not just automotive, either. Here’s the category list:
•ATV’s
•Motorcycles
•RVs
•Snowmobiles
•Trailers
•Trucks
•Vans
•Watercraft
•Miscellaneous
•Lawn & Garden
To participate in a CrankyApe Auction you must first register. This includes your name and address particulars, plus your credit card information. You are charged a $25 registration fee that is applied to the credit card you submitted. After that,, the card information is used to secure your bids, pay for a winning auction, or any defaulted bids. The CrankyApe gets cranky when you default. Every entered bid is a binding contract, and he will hold you to it.
To place a bid, you first enter your screen name and password you created upon registering. Then you must initial that you have read the Terms and Conditions. You can then check a box indicating that bids can be automatically placed for you up to your maximum amount. Lastly you click the Submit Bid button, but remember that each bid you make is a binding contract and you are obligated to complete the transaction if you win the auction. Items are allowed to have a reserve amount which is the minimum accepted bid. Does all this sound familiar? Thought so. Just like the big online auctions.
Now here is the tough part: picking up the item if you are the winner. The problem is there are CrankyApe facilities in only seven cities in six states: Arizona, Texas, Georgia, Indiana, Minnesota, and Wisconsin. Depending on where you live, you could have a long haul on your hands in order to claim your prize. In light of that, this is why using CarAuctionInc to locate an auto auction close by is to your advantage.
By blythe100
June 16th, 2010 at 05:35am
Under Uncategorized
A car’s metal frame is meant to protect the passengers of the vehicle in the unfortunate event that it is involved in a wreck. When the accident is serious and the car rolls over, the structural integrity of the roof and its support structure become even more important to the safety of those inside the cabin. Sometimes, though, defective manufacturing, materials, or installation can lead to a roof that is prone to collapsing under high forces, putting people at undue risk for serious injury or even death.
Under the best circumstances, a car’s roof support system will hold up under the extreme forces present during a rollover. This means that a passenger who is properly utilizing their safety belt will be shaken up, but hopefully avoid serious head or neck injury from slamming into the roof of the cabin. If the support beams fail, though, the roof can crush down into the cabin headspace.
Obviously, a roof collapse increases the danger that a person will suffer head trauma as a car inverts during a rollover accident. This is not the only hazard from such a situation, though. The collapse can cause a vehicle’s windows and windshield to explode, sending shards of glass flying through the interior of the car. The forces involved when a roof crushes down can also cause doors to pop open, increasing the risk that a passenger could be ejected from the vehicle, particularly if they are not wearing a seatbelt. While any serious motor vehicle accident creates a grave risk for someone being severely hurt, a roof collapse can vastly increase the chance that head and neck trauma, paralysis, broken bones, brain injury, or death can occur.
If a manufacturer’s negligence is found to be responsible for a car roof’s failure to meet structural integrity standards, they may be found liable for damages caused by the defects. To a large extent, drivers and passengers put their safety in the hands of these vehicle manufacturers, and when this trust is violated, the results can be catastrophic. Individuals can be seriously injured or killed and companies can be required to pay huge settlements and face further legal action. If a person believes that manufacturing defects are to blame for a roof collapse they have experienced, there is a possibility they may be eligible for compensation.
By blythe100
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