Legal

In the United States of America Constitution guarantees that the United States government will protect the states all our republic from foreign invaders. In the case of illegal immigration these people have been invaded our states by crossing the U.S. Southern borders in California, Arizona, New Mexico and Texas. Illegal immigration is illegal and if you do not think that these illegal immigrants are invaders let me give you a few statistics.

Over 50 California hospitals closed because they could not turn a profit due to the fact that they are giving free services to illegal immigrants and they could no longer stay in business. In fact some of these hospitals were delivering more babies of illegal immigrants then U.S. citizen paying customers. Once these anchor babies were born they automatically became U.S. citizens and therefore needed a parent or guardian from their family to take care of them and the babies could not be deported, thus granting permission for the illegal alien mother and or other family member to become a citizen also.

Many illegal immigrants put their kids in U.S. schools that are paid for by the U.S. taxpayer entities illegal immigrants demand their kids be taught in Spanish not in English and this costs school districts millions of dollars and takes away monies from classrooms, staff and teachers, who already have a fairy high attrition rate due to pay scales.

These illegal immigrants are invaders who carry Mexican Flags in protests on the streets, which are paid for by the U.S. taxpayer. Many of these invaders are filling up our federal prisons. In fact 30% of the violent criminals in Federal Prisons are illegal aliens and the Arizona State prison system as 38 percent illegal aliens. That is to say illegal aliens that are not schools to be here the first place and again costing taxpayers millions of dollars.

We could better spend this money giving scholarships to U.S. citizens to go to college. It costs seven times as much to put in illegal alien prison as it does to send and reward a good student with a scholarship. The congressman and senators who conveniently when on vacation during the heated debate over illegal aliens and illegal immigration have failed to uphold the U.S. Constitution to protect our borders from foreign invaders. Consider this in 2006 and we could no longer put up with this bologna.

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If you perform lots of electronic docket research in federal, state, and local jurisdictions, you know how time consuming it can be to access the many courts around the country. Unless you are already familiar with a particular court’s online accessibility, finding quick, reliable, and inclusive fresh case data can be challenging.

While some researchers collect dozens of bookmarks or rely upon their Intranet for most courts that they access, a more efficient method is a portal - a single site that maintains links to all available courts. A docket portal functions as a pathway for researchers to access case dockets in all available jurisdictions very quickly. However, as an alternative to accessing cases through a portal, researchers can also use vendor databases to locate docket information. These sites collect data from many jurisdictions, provide a single user interface, uniform dockets, and advanced search functionality.

So which provides better results for locating and obtaining court case dockets, portals or databases? It often depends upon your exact goal, your deadline, your budget, and your skills as a researcher. As with most online research, accessing several sources is often required to obtain the best results. An excellent starting point is LegalDockets.com Legal Dockets Online

Court Case Information Availability

Almost all federal district courts are now utilizing the federal judiciary’s CM/ECF system, which can be easily accessed with a PACER account. This system provides public access to each court’s docket database, and includes document images and electronic filing. Currently there are over 27 million civil, criminal, and bankruptcy cases on CM/ECF, with access to federal appellate courts coming soon. In addition, researchers can also access a nationwide case listing database through the PACER US Party/Case Index. While these databases are inexpensive, easy to use, and improve slightly with each new release, from an expert researcher’s point of view their search capabilities are limited.

The availability and scope of state, county, and local court dockets, and case summary information online varies greatly. Each jurisdiction has its own rules and restrictions that determine what shall be deemed public or private and how their data may be used. For example, some courts allow the public to access their data, but do not allow commercial vendors to aggregate and resell it. Also, since so many different state courts use different docket formats and methods of producing case data, it can be difficult and time consuming for commercial docket data aggregators to add jurisdictions to their collections. With this in mind, it is likely that a good docket portal may contain access to more courts than a commercial database provider. However, state courts may require the creation of individual accounts to access their dockets, which can initially slow down your research efforts.

Updated Case Data

Since a portal simply links directly to each court’s public access web site, how often the case information is updated depends on each court’s procedures. For example, federal district CM/ECF court data is live. After a docket entry is made by a court clerk or an attorney, it appears almost instantly online. But many state, county, and local courts warn that their web dockets should not be relied upon and are not updated daily. It is important to investigate how often a court’s case data is updated if you are checking their site regularly with the purpose of monitoring a case’s activity.

When searching for case dockets using a database, it’s important to know the depth and breadth of the data collection for which you are searching. If a database is incomplete or has not been updated properly, you will not get accurate results. Sometimes locating a docket that has not been updated in many months may be useful, while other times it is not. Often these services allow you to search their internal database to locate a case, and then allow you to access an updated docket immediately from the court’s database. However, if a court only updates its data weekly, and you are using a commercial database to check a docket daily, you are wasting your money.

Docket Formatting and Content

Federal district court dockets are generally straight forward, uniform, and relatively easy to interpret. These dockets continue to become more uniform every day thanks to CM/ECF’s electronic case filing procedures. However, state court dockets can be difficult to read. Also, the information they contain, and how it is presented, varies significantly. Some contain only very basic case information, or a listing of filing fees paid. Some contain motion information, disposition, clerk’s entries, and document images. Each court is different, and interpreting their version of a “docket” can be difficult depending on your experience with that jurisdiction and familiarity with court case dockets in general. While often the appearance, content, and formatting of state court dockets is different from jurisdiction to jurisdiction, there are exceptions. Some states utilize a uniform statewide case information database, and some court databases have identical user interfaces because their case management systems were built by the same software developers.

Commercial databases collect case information and present case dockets with a somewhat uniform format and add additional information and embedded links. For example they may add value to their dockets by consolidating information, adding useful narrative, links to law firm information, case cites, and researcher assisted document retrieval services.

Pricing

While there are only a few good case information portals on the web, you generally get what you pay (or do not pay) for. Free public record portals are generally updated less often than pay sites, contain broken or stale links, will not be comprehensive, and display distracting ads. Fee based portals generally offer more detailed information and a professional appearance, charge inexpensive monthly or annual subscription fees, and provide better results for serious researchers.

Commercial databases attempt to provide the best user interface and include useful services that public access court docket databases do not. The additional added value of these databases can be seen in features such as their ability to provide full text docket searching, automated case monitoring for existing and new cases, and customized case data reports.

What to look for in a good portal

-Highly Focused-

While the ability to look up your neighbor’s dog tag license may be useful to some, you do not want to waste time searching through an over-inclusive list of public record database links. If you have to sort through too many unhelpful links, the value of the portal is significantly reduced.

-Good links-

If you find court links are often broken, misdirect you, or only direct you to court homepages, you are wasting valuable research time. New publicly available court case databases are constantly becoming available online. If a portal does not routinely add new links to their collection, it is not comprehensive.

-Cost-

A good portal will definitely save you time and money when searching for case information. Portals are utilized by small firms to inexpensively meet their research needs, without the pressure of negotiating large expensive contracts with mega legal service companies. Mid-sized and large firms use portals to obtain the fastest direct access to case dockets, enabling them to bill their time more efficiently to their clients.

What to look for in a good vendor database

-Fast Search Results and Current Dockets Which are Easily Updated-

Since you’re paying a premium price, your search results should be provided quickly, and the case information should be useful. If the data you receive is too often outdated or cannot be updated easily, look for a better database.

-Excellent user Interface-

One of the primary reasons to use a vendor database is to save time and avoid the aggravation learning each court’s access requirements and idiosyncrasies. A commercial database’s user interface should be clean, intuitive, and should speed up your research, not slow it down.

-Advanced Search Capabilities, Case Monitoring, and Other Value-added Services-

A good database will allow you to search their dockets using full text, or by any combination of fields such as plaintiff, defendant, judge, date filed, law firm, etc. Case monitoring needs to be flexible, reliable and it should be clear as to what exactly has been updated on a docket, and when the update occurred. If a database is integrated with links to other related information, these links should be useful and functioning. If researcher assistance is offered for document retrieval, it’s pricing and quality should meet or exceed your expectations. Also, the ability to search multiple court jurisdictions simultaneously can be helpful.

Conclusion

To locate comprehensive online dockets in all available jurisdictions, researchers should have convenient access to both quality portals and databases to obtain the best results. Often when used in conjunction, portals and databases compliment each other and together provide the most thorough research results. The service that produces the best results for you generally depends upon your specific needs, and the tasks you need to accomplish. For example, to quickly and inexpensively locate basic recent case information, a portal is probably a better choice than a database. But to conduct full text and other advanced metadata searching, using a more expensive commercial database is required. The key is to learn which docket portal and database vendors are the best for your specific purposes, how to properly maintain your accounts and relationships with their providers, and how to make full use of their strengths and abilities.

Paul Bush is an Electronic Services Analyst with an international law firm based in NYC, which ranked in the top 15 of The American Lawyer’s A-List, and is the founder and manager of Legal Dockets Online, found at LegalDockets.com LegalDockets.com

I am proud to say that I am not a traditional attorney. Rather, I am a strategic business attorney, and I work with clients to help them grow their businesses and achieve success. I am not focused on money, billable hours,a fancy office, partnership, or prestige. My focus is using my knowledge and expertise to help my clients reach their goals.

I am not so “specialized” that I will only work with one kind of business or that I will only work with businesses that have high revenue. A strategic attorney wants to learn everything about the client’s business, the industry, the competition, the market, and anything relevant to the client’s success. I want to understands the risk involved in the client’s business and help the client mitigate the risk. I will not require meetings to be in my fancy office, because I want to see where you do business, how your business operates, and how you are structured.

It is my job to help you anticipate problems and devise creative solutions. It is my job to understand and review your overall business strategy and business objectives and make suggestions for changes or improvements. It is my job to help you accomplish your business goals and gain a competitive edge.

I can offer you legal advice on most business, commercial, contract, corporate, or real estate issues. I will make sure you understand the laws that regulate your type of business, and I will help you comply and implement systems to stay compliant. I will negotiate on your behalf and defend you if you are sued. I can also file a lawsuit for you, but I will always try to help you find a better resolution for your business.

I want to earn trust and respect and I hope to build long-term relationships with my clients. I will be available when and where you need me, and I will always return your calls promptly. I look forward to watching my clients’ businesses create value, grow, and succeed.

Copyright 2006 Indigo Business Solutions. All rights reserved

About the author

Jo Ann Joy is the CEO and owner of Indigo Business Solutions, a legal and business consulting firm. Indigo Business Solutions is a “one stop shop” for small businesses. We differ from other business consulting firms, because we offer comprehensive legal and business counseling. We can offer most of the professional services that a business requires. We work with our clients to develop strategies that create value and competitive advantage. Our goal is your success.

Jo Ann has a law degree, an MBA, and a degree in Economics, but she is not a traditional attorney. Rather, she is a strategic business attorney who works closely with clients to create and implement strategies that will greatly improve their performance and chance of success. Her background includes commercial and real estate law, accounting, financial planning, mortgages, marketing, product development, banking, and business strategies. She ran a successful business for 10 years, and she has written and given presentations on many different legal and business subjects.

You may contact Jo Ann by phone at (602) 663-7007, by fax at (602) 324-7582, by email at mailto:joannjoy@Indigo joannjoy@Indigo Business Solutions.net, and by mail at 2313 East Ocotillo Rd., Phoenix, AZ 85016

For more information about these and other important business topics and for legal consultation, please visit our website at

Franchising is all about brand-names, consistency and quality throughout the franchise system. To insure that each franchised outlet runs in a similar fashion it is necessary to have a comprehensive and strong initial training system.

It is for this reason that the initial training requirements must be clearly defined prior to entering the franchise agreement. In my franchisee company we had modified our initial training requirements in our franchise agreement to include the following clause below;

4.1.5 Initial Training

Franchisor will conduct a comprehensive training program in the management, sales and operation of the Franchised Business. The training program will consist of at least one week of instruction at United States regional locations that Franchisor may select for Franchisee’s benefit. One additional week of training may be provided in Franchisee’s new Marketing Area. The Franchisee, if the Franchisee is an individual, or the majority partner, shareholder or member of the Franchisee, if the Franchisee is a partnership, corporation or limited liability company, and, if different, such individual who serves as the general manager of the Franchised Business (“General Manager”), must attend and successfully complete the initial training program to the satisfaction of the Franchisor prior to the opening of the Franchised Business. This initial training is required of anyone who will be operating the car wash truck(s)/unit(s) unsupervised. Three people including the Franchisee may attend the initial training program at one time.

The initial training program must be completed by all the persons designated in this Section 4.1.5 to the extent required hereby prior to the opening of each Franchised Business. Franchisee will be responsible for all any and all fees, charges, travel, food, lodging and other expenses incurred by Franchisee, its trainees and any of its employees in connection with attendance at the initial training program including a reasonable training fee. If Franchisee or any of its designated employees fails to complete the initial training program to the satisfaction of the Franchisor, then Franchisor will have the right to terminate this Agreement.

— — — —

As each and every franchise company is slightly different they will need to consult the franchise attorney to go over the initial franchise training requirements and clauses in their franchise agreement to protect the integrity of their system and to insure that the training each franchisee receives is the same. I hope you will consider this in 2006.

“Lance Winslow” - Online WorldThinkTank.net/wttbbs/ Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance in the Online Think Tank and solve the problems of the World WorldThinkTank.net www.WorldThinkTank.net/

Psychiatric malpractice lawsuits are complicated and difficult to prove. If you feel that you or someone you love has been the victim of psychiatric malpractice you will need the help of an experience psychiatric malpractice attorney to help you determine if the wrongdoing which you have suffered meets the legal criteria for malpractice.

Mental health care providers have a duty to treat their patients with dignity, provide adequate care, and prevent harm. However, even if these duties have not been met, there are four elements which must exist in order for you to have a case:

· A provider-patient relationship must have been established in order to establish that the provider had a duty of reasonable care.

· The mental health care provider must have breached this duty of care.

· Harm must have occurred. This can mean physical or emotional harm including but not limited to physical injuries, suicide, emotional suffering, or worsening of psychological condition.

· The mental health care provider’s breach of duty must have caused the harm.

Mental health care that is unsuccessful does not constitute malpractice in and of itself. Psychiatric malpractice can take many forms including:

· Failure to diagnose

· Failure to recognize worsening of condition

· Failure to treat

· Negligent or harmful use of medications

· Failure to monitor medications

· Lack of informed consent for medications, therapeutic technique, or procedure

· False imprisonment (including inappropriate restraint)

· Fraud

· Emotional manipulation

· Physical abuse

· Negligent psychotherapy

· Sexual Misconduct

· Abandonment

· Failure to prevent harm to self or others

· Inadequate supervision

· Breach of confidentiality

· Defamation

· Wrongful death

Mental health patients are vulnerable to negligence and wrongdoing for many reasons. The very condition for which they sought treatment can put them at risk due to emotional instability, incoherence, or impaired judgment. They may not be taken seriously, or may feel that they will not be taken seriously, when making a complaint, due to the stigma of mental illness.

The Right to Informed Consent

Contrary to what many people assume, mental health patients have a right to informed consent regarding treatment. They have patients have the right to make an informed decision as to whether or not to undergo any type of treatment including taking medications. This means a right to know the benefits and risks of undergoing or choosing not to undergo a treatment, and most importantly, the right to refuse.

Medication Errors

In addition to obtaining informed consent, mental health care providers have a duty to prescribe appropriate medications, in appropriate doses. This raises another issue. In some cases where mental health care patients are harmed by medications the responsible party is the drug manufacturer rather than the mental health care provider.

Victims of

Copyright protection is the legal right granted to the creator of creative work to be the exclusive party who can exploit that work. What this means is that if an author, playwright, musician, composer, filmmaker, or distributor registers their work with the copyright office they are the only person who has the right to exploit their work for profit or for distribution. Copyright protection has been instituted to protect the creators of these types of works which are generally referred to as intellectual property. These laws do not cover the creator of a work if they have been hired by another individual or party specifically to create a work. This is what is known as a work made for hire, in which case the person who hired the creator will retain the copyright.

If you have created a work and you would like to seek copyright protection the first place to start is the United States Copyright Office. The U.S. Copyright office is the main legal entity concerned with who owns the rights to a specific work. If you have created a work the best place to start is their website www.copyright.gov < copyright.gov> where you can find all the necessary information and the different paperwork for each type of copyright registration. Depending on which type of work you have created there are different forms you will have to fill out and you will be required to submit a copy of the original work with the paperwork. They have several different for for…

· Literary Works
· Visual Arts
· Performing Arts
· Sound Recordings
· Serials/Periodicals

If you have created any of these types of works it is always a good idea to speak with an attorney before beginning the process. An attorney will be familiar with some of the nuances of copyright law and protection that you may or may not be able to get from the copyright offices website.

Find out more great information about copyright protection at copyright-protection-zone.info/”target=”_blank copyright-protection-zone.info.

Over my thirty years in the polygraph business I’ve heard many negative comments about its effectiveness and accuracy. And it always seems that these comments always come from people who have absolutely no direct knowledge of polygraph and how it works. This negativity comes from congressmen and senators, judges and state legislators and many other folks who have never even seen a polygraph examination administered, much less examined any studies performed by some of the most reputable institutions of higher learning and governmental agencies in this country.

I remember when I first was asked by my boss at the Alabama Bureau of Investigation if I would like to attend polygraph school I had absolutely no knowledge of polygraph. He told me the U.S. Army had just relocated their military police school to Fort McClellan, Alabama and with it, their polygraph school. I told him I would like to attend, mainly because it seemed he thought it would be a good idea.

When I arrived at the school, which is now known as the Department of Defense Polygraph Institute, in August, 1976, I was completely in the dark as to what I was about to experience. After a couple of weeks of learning the basics of how polygraph works and learning how to operate the equipment we began testing soldiers. The thing that makes this school unique is that they have an endless supply of people to learn how to test on. Each morning they would bring ten soldiers over to the school. There were ten students in my class, so we each had a person to conduct a test on. They would take two or three of the ten soldiers and create a “mock” crime for them to have committed. This included things like a robbery, theft, etc. It was our job as students to conduct tests on them to determine who was guilty. This testing never ceased to amaze me how we students “rank novices” that we were, would invariably come up with the right answer every single day. To this day when I hear some nay sayer knocking the accuracy of polygraph I wish just one of them would go and witness how miraculous this system really is.

According to the American Polygraph Association over 250 studies have been conducted on the accuracy of polygraph testing during the past 25 years. Based on the studies now available, experts have determined the accuracy of polygraph examinations administered by a competent examiner to be about 90%. The level of skill and experience of the examiner plays a key role in the accuracy of the examination. Comparative studies have also shown that polygraph examinations yield an accuracy that equals or exceeds that of many other forms of evidence. In fact, in one study it shows that polygraph examination produced an accuracy that was comparable to results obtained by document examiners and finger print analysts, and exceeded that of eyewitnesses. Most errors in polygraph can be blamed for an inexperienced examiner.

alabamapolygraph.com AlabamaPolygraph.com specializes in alabamapolygraph.com lie detection services and alabamapolygraph.com/polygraph.html polygraphy to residents of Alabama.

Disorders associated with cerebral palsy are not due to any problems with the muscles or nerves. Impaired motor areas in the brain cause these problems. The affected regions of the brain disrupt its ability to control movement and posture. The condition is typically noticeable within the first few years of life. It does not get worse with time, but it does make life difficult for patients and their families.

Parents are often clueless as to the causes of their child’s cerebral palsy. In most cerebral palsy diagnoses, the direct causes for the birth injury will never be known. This makes it very difficult to hold a person or institution responsible. Pinpointing the cause will not undo the damage that has already been done. However, if compensation is granted, it will help the affected family deal with the lifelong medical costs associated with the illness.

This is where Cerebral Palsy lawyers come in. Lawyers who specialize in a field like cerebral palsy will be able to evaluate a case and offer practical advice. So, if one is planning to hire a cerebral palsy lawyer, it is essential to find out about the lawyer’s background. This can be done by asking for details regarding cases handled and compensations awarded.

If your child has been diagnosed with cerebral palsy, or you are concerned that your child might have cerebral palsy, you would be well advised to approach a cerebral palsy support group. All your questions related to the diagnostic process will get answered here. If not then you will be directed to experts who can answer your questions satisfactorily. If you suspect malpractice then approach a lawyer. An experienced lawyer will be able to guide you on the kinds of tests to be taken. Several tests can be used to determine the severity of cerebral palsy.

Cerebral palsy lawyers usually do not change fees upfront. Once the case is over and compensation has been awarded, then the lawyers are paid a percentage of the compensation.

e-cerebralpalsylawyers.com Cerebral Palsy Lawyers provides detailed information on cerebral palsy lawyers, ataxic cerebral palsy lawyer, athetoid cerebral palsy lawyer, spastic cerebral palsy lawyer and more. Cerebral Palsy Lawyers is affiliated with i-powerofattorney.com Medical Power Of Attorney.

Over the past few years, the use of extranets and intranets by law firms to share critical documents with co-workers, clients and co-counsel has been firmly established.

One area in which an extranet is particularly useful is in litigation, where a large number of parties require a massive number of documents over a fixed period of time.

Keeping things organized
An extranet provides a single location dedicated to the individual case. Access to documents can be defined by the need of the user. For example, documents relating to clients are very different than those required by co-counsel. An extranet allows everything to reside in one place, but access can be defined by individual needs. It also automates alerts – so that users know the instant a new document has been posted, and can find it quickly in a dedicated folder.

Many extranets go beyond the simple sharing of documents. Many include tools such as a comment function, calendars, project trackers, and approval functions. These tools can be used to report on the all activities and on the progress of the case.

Providing a permanent record
All actions taken within the extranet are recorded, and most extranets provide powerful search tools that allow users to quickly see who did what, and when they did it. All actions are name and date stamped, providing a complete record of activity in what is often a fast moving environment where documentation is difficult to manage.

Easy to setup and use
Extranets that are offered by application service providers can be created and used in a matter of days. It’s a simple matter of subscribing to a service that provides all the technology and training. Many are so intuitive that they require no training at all – they’re as easy to use as email.

A secure environment
Managing legal documents requires the highest level of security. Extranets require an id and password for access, and many provide encryption of all transmissions.

And when the case is over . . .
It is fast and easy to close the extranet and download all of the information. Often, litigators will create an extranet for each case they handle, and simply close it at the conclusion of the case.

Laura Schweiker writes extensively on the use of technology by businesspeople and is an evangelist for trichys.com/collaboration/collaboration-software.vm collaboration software and
trichys.com intranet solutions.

Cypher Stents Allegedly Linked to Fatalities

A Cleveland Clinic study released findings on November 29, 2006 that indicated that the drug-coated Johnson &amp; Johnson Cypher Stent is four to five times more likely to cause serious cardiovascular problems than are non-coated stents.

Stents are mesh wire tubes that doctors used to hold open arties after angioplasties. The Cypher Stent, approved by the Food and Drug Administration in 2003, emits a drug called Sirolimus that prevents reclosure of the artery after the angioplasty balloon clears out any blockage. Some doctors believe that the drug works by preventing the regrowth of the coating that grows in the blood vessel around the stent that can contribute to further clots.

There are over 800,000 angioplasties performed in the United States each year to remove blockages in arteries. Between 15 and 30 % of all these procedures will become clogged again, requiring further angioplasties or other procedures.

The FDA began to receive complaints about the Cypher Stent soon after it was released. It has been allegedly linked to hundreds of serious cases of blood clots, thrombosis, strokes, and heart attacks, and 60 people have died due to complications caused by the Cypher Stent. In fact, there were more than 290 people that suffered blood clot-related complications within the first 30 days after they received the devices.

Furthermore, the FDA also received more than 50 reports of severe allergic reactions from the Sirolimus coating on the stent. Some people needed serious medical or surgical intervention due to these reactions, and some people even died due to complications.

There are thousands of potential people affected by this defective medical device, but it is unknown how many people will suffer serious and potentially life-threatening complications. People with Cypher Stents should consult their doctors immediately and discover their options to protect their safety.

To learn how to hire a