Legal

A very influential factor regarding the legalization of marijuana, is the cost implications of maintaining cannabis prohibition to the federal and provincial governments, and in turn the average Canadian taxpayer. According to the Auditor General of Canada, it is projected that approximately $450 million was spent on drug control, enforcement, and education in the year 2000.

Since ¾ of drug offences are marijuana related, the majority of the $450 million spent across Canada was due to cannabis prohibition laws. This expenditure also does not include funding for marijuana related court hearings, or incarcerations, as over 300 000 people are arrested for simple marijuana possession every year (Cohen et al. 2). Another issue to consider is that the amount of cannabis users continues to rise across Canada, up from 6.5% in 1989, to 12.2% in 2000 (Nabalamba, 1).

This will only increase the amount of funding the federal government is forced to contribute to drug control and enforcement, further charging the taxpayer. A more cost efficient way to regulate marijuana is to set an age limit through provincial regulation, permitting for adult use of a substance less harmful than both alcohol and tobacco. Otherwise, it is left in the hands of organized crime, with the government continuing to spend millions on its prohibition, and not profiting from its continuous increase in use. In this situation, the regulation of marijuana should not only be allowed, but would financially benefit the country.

Even after thousands of years of people using marijuana to treat a variety of medical conditions, many still believe marijuana is a drug without therapeutic value. Patients undergoing cancer chemotherapy, or AIDS related AZT therapy, found smoking marijuana to be an effective way to curb nausea (Health Canada, “Medical Marijuana”). Often it is more effective than available prescribed medications. “44% of oncologists responding to a questionnaire said they had recommended marijuana to their cancer patients; others said they would recommend it if it were legal” (Zimmer et al. 87). Other uses include control for muscle spasms associated with spinal cord injury/disease, and multiple sclerosis and pain/ weight loss associated with cancer, HIV, and arthritis patients.

Cannabis also lessens the frequency of seizures in epilepsy, and controls eye pressure in glaucoma patients (National Institute on Drug Abuse, “Drug Policy Information Sheet”). Although medical marijuana has been approved for use under certain circumstances, it is very difficult, if not impossible, to obtain cannabis for treatment purposes in Ontario. This is because the College of Physicians and Surgeons of Ontario issued a warning in October 2002, cautioning that the “clinical efficacy of the drug has not been entirely established” and to “proceed with caution” when prescribing cannabis (The College of Physicians and Surgeons of Ontario, “Prescribing Medical Marijuana”). Due to this, a physician cannot make a proper declaration of the risks and benefits; therefore, they can not fully inform the patient of the drugs possible effects.

Fortunately, since the legalization of marijuana for medical use occurred almost 5 years ago, one could assume a proper risk assessment of the drug will soon be completed through Health Canada. Through marijuana’s apparent medical usages, it becomes clear that it should be regulated across the country.

The implication of marijuana’s prohibition is financially devastating to the federal government. As false social perceptions are the only grounds for this ban to be upheld, and the medical sciences continue to find new usages for cannabis as therapeutic treatment, it remains unfounded to continue its outlaw. Through government enforced regulation, it becomes obvious that the benefits of marijuana legalization outweigh the disadvantages.

Alex Simms is a content writer for Avalon Studios, a avalonstudios.ca” target=”_blank Web Design & Development firm working with small businesses.

The Government of India has met the December 31 deadline for complying with its obligation to World Trade Organisation (WTO) under TRIPs agreement, by promulgating an Ordinance – The Patent (Amendment) Ordinance, 2004 followed by the Act – Patent (Amendment) Act, 2005.

Under TRIPS, India was required to introduce product patent where only process patent was permitted. Procedural changes were also required to be made as per Patent Co-operation Treaty (PCT). The new Act ensures adequate safeguards against misuse of patent rights and vests enough power with the Government to intervene and ensure that patented inventions are available for the public at an affordable price.

In nutshell, the most important changes are:

· Product Patent can be issued in respect of food, drugs and chemicals. Provisions of ‘process patent′ for these goods abolished.

· Provisions in respect of EMR (Exclusive Marketing Rights) abolished.

· Computer software per se is not patentable, but in combination with or embedded in hardware is patentable.

· Provision of ‘acceptance of specification′ and its advertisement have been deleted.

· Provision for pre-grant and post-grant opposition to the granting of a patent.

· Application for patent will be published in Official Journal. At that time opposition can be made on limited grounds but hearing is not mandatory.

· After grant of patent, opposition can be made within 12 months.

· Provision of sealing of patent omitted.

· Provision for acquisition of patent for public health purposes.

· Suit for infringement of patent cannot commence before date of publication of publication of the application.

· Penalties enhanced substantially.

P.M. George Kutty, Attorney at Law of pmgip.com pmgip.com

The term “slip and fall” refers to accidents in which a person injures himself by slipping, falling or tripping due to dangerous and hazardous conditions of the surroundings. Such slip and fall accidents can take place inside or outside a building. The indoor accidents are caused due to unsuitable conditions such as bad flooring, wet floors and dimly lighted steps or stairs whereas the outdoor accidents generally occur due to weather-related and other hidden hazards. For instance, a person can easily slip and fall in a parking lot because of an icy patch outside the door of his car and injure himself. Minor things such as a pothole on the road can also be the cause of slip and fall accidents. Slip and fall incidents are taken very seriously in New York. Victims of slip and fall accidents in this city have the right to file a case and hire lawyers for their injuries. Slip and fall lawyers in New York have a thriving practice due to a great demand for such legal services. They apply personal injury law in slip and fall cases. The main focus of New York slip and fall lawyers is premises liability as most slip and fall injuries are caused due to poorly maintained or designed premises.

Slip and fall accidents fall under the category of negligence law and deal with the concept of premises liability. Victims typically, file cases against property owners, as they are the ones who are responsible for the hazardous conditions of premises. It is the duty of property owners to ensure that the property is safe and that the buildings have no internal or external structural defects that would cause an accident.

New York slip and fall lawyers carry out aggressive personal injury lawsuits on behalf of their clients who have undergone serious injuries. The pivotal objective of slip and fall lawyers is to settle claims of their clients and obtain a justifiable compensation for them in a speedy and efficient manner. Most slip and fall lawyers in New York offer evening and weekend appointments to their clients as per their convenience. It is advisable to call for an appointment before trying to meet with a slip and fall lawyer as they have erratic schedules, having to split time between consulting and representations in the courts.

e-NewYorkLawyers.com New York Lawyers provides detailed information on New York Lawyers, New York Personal Injury Lawyers, New York Real Estate Lawyers, New York Bankruptcy Lawyers and more. New York Lawyers is affiliated with e-newjerseylawyers.com New Jersey Business Lawyers.

You got a great invention, and you don’t want others to create or use the same invention (or at least nobody can claim they invented it). That’s the kind of protection a patent offers. It gives you exclusivity to create, reproduce and sell the product or process to the public for a particular length of time (most patents nowadays offer protection for a minimum of 17 years). If you want to protect your product, device or process under a patent, then read on.

The United States Patent and Trademark Office (PTO) has its own website where it stores a database of all US patents and trademarks. If your invention is not yet on the list, then you can submit an application for a patent addressed to the Director of the US PTO, which includes a written document of the specification of the invention and a signed declaration. The written document will usually list down the attributes of the invention that sets apart from other related inventions that have been patented already, and the claims of the patent (why the invention is patentable). A drawing of the invention (whenever applicable) is also needed. It can be a simple sketch or a set of formal drawings showing the invention’s parts and/or aspects. For more information about these documents, you can go to uspto.gov/web/offices/pac/doc/general/index.html#app

Fees will depend on the invention you′re trying to patent. The PTO website has a list of all applicable filing fees and the schedule on filing them. If you′re an independent inventor or if your company (with less than 500 people) created the patent, the filing fee is $380; for larger companies it will be $760. Depending on the patent maintenance, you may be required to pay additional fees as well, sometimes exceeding more than $3000.

The assistant commissioner for patents at PTO will process your patent application, after which he/she will inform you when the patent will be issued. Once the patent is issued, you have to pay an issue fee of $605 for small entities, and $1210 for large entities. You will then be given a patent number, where you can put on your product label to show that your invention is protected.

The above process constitutes a non-provisional patent application. Because it takes longer for regular non-provisional patent applications to get approved (some may take even years), the PTO has provided another way of protecting your invention at a much earlier date. It’s called a Provisional Patent Application (PPA). The application process is somewhat the same, but it’s much faster and need not to submit that much documents. You just pay a minimal amount of $75 to get a PATENTS PENDING mark for your invention. For the next 12 months from the time you file a PPA, you must file the regular patent application to fully protect your invention.

This article does not offer all-inclusive information about patent application, but just a general overview of what happens during the process. It is strongly recommended that you consult with a patent lawyer to give you an explanation of all applicable patent laws and regulations for your invention.

John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of businesses. He is part of the Mesriani Law Group and is currently taking information technology studies as well.

Our attorneyservicesetc.com Los Angeles Attorneys specialize in all fields of personal injury, business law, social security, and employment cases

Alcohol intoxication is a leading factor in motorcycle accidents and fatalities. Law enforcement officers have been trained to identify driving patterns that indicate a probability that a motorcyclist is driving while intoxicated. The driving patterns that police typically look for have been outlined by the National Highway Traffic and Safety Administration (NHTSA). NHTSA has delineated a number of “cues” that police officers can look for in detecting intoxicated motorcyclists. The list presented below represents, in descending order, the visual cues giving rise to the probability that the motorcyclist observed is driving while intoxicated. Often, police officers will observe several cues in conjunction, which increases the probability that the driver is intoxicated, that is, driving with a blood alcohol content (BAC), over the legal limit. Studies have indicated that cues by themselves or in conjunction with other cues, give rise to a statistical probability of intoxication.

The following cues have shown a 50% or greater probability in predicting impaired motorcycle operation. However, it is also 50% as likely that these cues do not reflect intoxication.

Drifting During Turn or Curve

Drifting during a turn or curve is the most common cause of single vehicle, motorcycle crashes. This occurs when the motorcycle and rider continues in a straight line instead of turning with the road, ultimately resulting in hitting a stationary object.

Another way this cue represents itself is where the motorcycle appears to drift to the outside of the lane, or into another lane, through the curve or while turning a corner.

However, drifting in a lane is not uncommon where a person is distracted or is unfamiliar with the landscape.

Trouble with Dismount

Law enforcement officers look at the dismount as a helpful field sobriety test, as it is reflective of coordination and judgment. First, the motorcyclist must decide upon a safe place to stop the bike. Then the motorcyclist must turn off the engine, locate and deploy the kickstand, then balance on one foot while swinging the other foot over the seat to dismount. Officers look for any problems in the preceding sequence as evidence of alcohol impairment.

However, trouble with dismount is not necessarily an indication of intoxication. Where the officer pulls over the motorcyclist has a lot to do with the location of dismount. Plus, most people are rather nervous when pulled over, which is distracting. These factors have a lot to do with a dismount that takes place in front of an officer while he is waiting to write you a ticket.

Trouble with Balance at Stop

There are two general methods of balancing at a complete stop. One, where the rider places one foot on the ground to keep the bike upright, while leaving the other foot on the peg nearest the gear shift lever. Two, where the rider places both feet on the ground for stability. Law enforcement officers look for a shifting from side to side, in a rocking motion, in an effort to maintain balance at a stop.

However, there may be several reasons a rider cannot maintain balance, for example, if the road is not even, the bike is unfamiliar, or the rider is of small stature

Turning Problems

1) Unsteady During Turn or Curve: Law enforcement officers look for a motorcycles wheels to wobble when making a turn.

However, when the motorcycle is undergoing a turn or curve, it must slow down, which makes it less stable in an upright position. At higher speeds the gyroscopic effects of a motorcycle’s wheels tend to keep the motorcycle “on track” so long as the speed is maintained. At slower speeds, the motorcycle is unsteady, so there is a higher probability of wobbling while turning.

2) Late Breaking During a Turn: Law enforcement officers look for the application of break lights during the turn as opposed to prior to the turn, as indicating impairment due to intoxication. The rationale here is that a motorcyclist normally breaks prior to entering a turn or curve, so the motorcycle can accelerate through the maneuver for maximum control.

However, there are many reasons a rider would break during a turn as opposed to prior. For example, the rider may just drive that way, or is unfamiliar with the streets and the street he needs to turn on comes up faster than expected, or any number of reasons, which are not alcohol-related.

3) Improper Lean During Turn: Law enforcement officers look for the rider to be in an upright position during a turn, instead of leaning into the curve.

However, NHTSA indicates that this cue is observable by a “trained” observer, meaning it is not apparent otherwise. Also, where the turn is made safely, there is no indication of impairment due to intoxication.

4) Erratic Movements During Turn: Law enforcement officers look for any sudden correction of a motorcycle during a turn or curve.

However, there are many other factors which would cause a sudden movement during a turn. For example, the condition of the road may necessitate such a maneuver.

Inattentive to Surroundings

Law enforcement officers look for such things as:

1) Failing to notice the light has changed. However, people do this everyday, being lost in thought for example, is a primary reason and is not an indication of intoxication.

2) Failing to scan the area around the bike in traffic. However, this is not a requirement required by the DMV and is not necessary where the driver is experienced and the traffic is light. The motorcyclist decides based on road factors, traffic flow, and surroundings how vigilant to be; it is subjective and not an indication of intoxication.

3) Failing to respond to officer’s emergency lights or hand signals. However, this cue can be negated by many reasonable factors, like the motorcyclist concentrating on the road, waiting to pull over on a safer stretch of road, or simply not observing the hand signals.

Inappropriate or Unusual Behavior

Officers are looking for any sorts of behavior which are “unusual” or “inappropriate.”

However, this is a matter of subjection and is not necessarily an indicator of intoxication, but matters of circumstance.

Weaving

Weaving includes weaving within a lane and weaving across lane lines.

However, weaving may occur to avoid road hazards.

The following cues have been shown to have a 30-50% probability of indicating intoxication. However, at the same time, they are 50-70% times as likely of not being an indicator of intoxication.

Erratic Movements While Going Straight
Law enforcement officers look for any sudden corrections while attempting to ride in a straight line.

However, the NHTSA studied reflected a 51-70% probability that there is no impairment reflected in this cue.

Operating without Lights at Night

Because of the danger involved in motorcycles driving without lights at night, the NHTSA studies indicated that there is a good chance that the operator is intoxicated.

However, there is a higher likelihood that this cue is not due to intoxication, but rather just an oversight of the rider.

Recklessness
Officers look for riding too fast as an indicator of impairment.

However, motorcyclists tend to ride faster than autos, so speeding is not necessarily an indicator of impairment.

Following too Closely

Officers look for a rider following at an unsafe following distance.

However, the distance between the motorcycle and other cars is not totally within the motorcyclist’s control. Cars slowing would naturally decrease the following distance.

Running Stop Light or Sign

Officers look for the motorcycle failing to stop at a light or sign.

However, cars and motorcycle riders run lights and signs all the time, for a variety of reasons which are not indicators of intoxication.

Evasion

This cue occurs when an officer attempts to pull the motorcycle over and the motorcycle rider attempts to flee the officer instead.

This is a common occurrence which has nothing to do with impairment, 50-70% of the time.

Wrong Way

This cue occurs when the motorcycle is riding into opposing traffic, such as going the wrong way on a one-way street or crossing a center divider line to ride into opposing traffic.

However, 50-70% of the time this cue is not an indicator of impairment. Going the wrong way on a one-way street occurs with drivers everyday and is usually a matter of mistake. Crossing the divider line also occurs as a sudden movement to avoid another car going into the lane which occurs frequently to motorcycles because other driver’s do not pay attention to the presence of motorcycles.

The case, Cambridge Antibody Technology v Abbott Biotechnology Ltd and another, concerned what royalty payments were due to the claimant, Cambridge Antibody Technology, under the agreements between the parties.

Cambridge Antibody Technology was a company undertaking research and development work and licensing of its technology, in relation to the production of antibodies. The first defendant was the holding company of the second defendant which was one of a group of pharmaceutical companies. The parties entered into a collaborative agreement in 1993, whereby the claimant granted the defendants the right to use its technology in the production of a genetically-engineered human antibody for use in the treatment of rheumatoid arthritis.

Two years later in 1995, the parties substituted the first agreement for a second one on substantially the same terms. As a result of the collaboration, the defendants produced a product known as HUMIRA.

In accordance with the agreements, the defendants agreed to make royalty payments to the claimant at a rate of just over 5% of the net sales of HUMIRA, subject to an offset or royalty-sharing provision. This provision allowed the defendants to deduct from the royalties due to the claimant half the royalties due under licences from third parties for certain categories of technology. This was subject to the payment by the defendants of a minimum royalty provision of 2%. The interpretation given to the royalty provisions in the agreements came in dispute.

The defendants claimed that they were entitled to offset, against what was due to the claimant, 50% of the royalty payments paid to third parties in relation to other patented technology used in the development of HUMIRA. They argued that having taken licences from a number of third parties that owned patents; the offset had reduced the amount payable to the claimant to the minimum payment of 2%. Accordingly, they had calculated the royalty payments due to the claimant as 2%. The claimant accepted that the agreements contained an offset provision but argued that it applied only to royalties which the defendants needed to pay to third parties in respect of the use of the licensed technology by the claimant. They contended that all of the licences relied on by the defendants related to patents covering parts of the HUMIRA production process rather than that involving the claimant’s technology. Therefore the offset provision was not triggered. The claimant submitted that the defendants should have been paying a royalty for the bulk of their sales of HUMIRA at the rate of just over 5% and not at the rate of 2%.

The claimant’s claim was allowed. The judge held that on the true construction of the agreements, the construction put forward by the claimant was correct - that was the only construction which was consistent with all the other provisions of the agreements and made commercial sense in the factual matrix within which the agreements had been made.

Accordingly, the royalties’ payable by the defendants should have been calculated on the basis of the full royalty of approximately 5%.

If you require further information contact us

Email: enquiries@rtcoopers.com

© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

RT Coopers Solicitors in London, UK, Pharmaceutical, pharmaceuticals, pharmaceuticals lawyers, pharmaceuticals solicitors, attorneys, lawyers, drugs, biopharmaceuticals, solicitors, roylaty payments,legal advice, LAW, FIRM, law firm, legal advice, pharmaceutical law, contracts, Intellectual Property, drug advertising, drugs, law firm, Collaborative Agreements, Commercial Contracts, Commercial Litigation, Counterfeiting, Due Diligence, Freedom to Operate Searches, Intellectual Property, IP Securitisation, Information Technology, Joint Ventures, Licensing, Passing Off, Patents, Patent Litigation, Patent Searches, Patent Strategies, Proof of Concept, Regulatory Requirements, Technology Transfer, Trade Marks, Trade Mark Searches, Validation, biotech law firm, biotech lawyers, biotech solicitors, find biotech law firm, find biotech solicitors. If you require further information contact us at mailto:enquiries@rtcoopers.com enquiries@rtcoopers.com rtcoopers.com/practice_pharmaceuticals.php rtcoopers.com/practice_pharmaceuticals.php

I have found that landlords generally face the same set of issues and have the same set of questions pertaining to their rights, duties and obligations as landlords under Texas law. The answers to these questions depend on whether residential tenants or commercial tenants are involved. Although commercial and residential property ownership and operation have some similarities, the differences are numerous and diverse enough to justify separate treatment for each area. This article is intended to discuss issues related to commercial property with commercial tenants only. This article is my attempt to create a quick and very general reference guide on the rights, duties and obligations of commercial landlords and operators under the Texas Property Code. It is by no means complete, but hopefully is informative enough to assist the reader in asking informed questions of legal counsel and thus be more efficient and economical while consulting legal counsel.

You should not take this article as legal advice, and I strongly urge you to seek competent legal advice for your specific situation. The Texas legislature updates and passes new laws relating to landlord/tenant issues on a regular basis. In addition, Texas courts regularly interpret these laws. Thus, the laws discussed in this article are in effect as of December 2005. I have not assumed any duty or obligation to update this article beyond this date.

I. Duty to Mitigate

If a tenant abandons the leased premises in breach of the lease, the landlord has the duty to mitigate (lessen) the damages that the landlord would experience as a result of the abandonment. Thus, the landlord should not let the premises lie vacant in hopes of being able to recover lost rents from the tenant. This duty to mitigate damages may not be waived by the tenant, so any provision in the lease that tries to waive this duty or exempt the landlord from liability is void.

II. Security Deposit

A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease.

III. Retention of Security Deposit

Before returning the security deposit, the landlord may deduct from the deposit damages or charges for which the tenant is obligated under the lease or resulting from a breach of the lease. However, normal wear and tear (does not include deterioration that results from negligence, carelessness, accident or abuse) may not be withheld from the security deposit.

If the landlord retains any portion of the security deposit, the landlord must refund the balance of the security deposit and give the tenant a written description and itemized list of all deductions. However, this description and itemized list is not required if the tenant owes rent and no controversy exists concerning the amount of rent owed. The refund and written description and itemized list of all deductions is not required until the tenant gives the landlord a written statement of the tenant’s forwarding address for the purpose of refunding the security deposit. However, failure to provide a forwarding address does not cause the tenant to forfeit its right to receive a refund or a description of deductions.

IV. Refund of Security Deposit

A landlord must refund the security deposit not later than the 60th day after the date the tenant surrenders the premises and provides notice of the tenant’s forwarding address.

V. Change of Landlord/Owner and the Security Deposit

The new owner or landlord of the leased premises is liable for the return of the security deposit starting from the date title to the leased premises is acquired, except where the new owner acquired the premises by foreclosure through a real estate mortgage. However, the former landlord or owner remains liable for the security deposit received while the person was the owner or landlord until the new owner delivers to the tenant a signed statement acknowledging that the new owner has received and is responsible for the tenant’s security deposit and specifying the exact dollar amount of the deposit.

VI. Liability of Landlord for Security Deposit

A landlord who in bad faith retains a security deposit is liable for an amount equal to the sum of $100, three times the portion of the security deposit wrongfully withheld, and the tenant’s reasonable attorneys fees incurred in a suit to recover the deposit. It is presumed that a landlord who fails to return a security deposit or to provide a written description and itemized list of deductions on or before the 60th day after the date the tenant surrenders possession is acting in bad faith.

VII. Preventing Access to Leased Premises

A landlord may not intentionally prevent a tenant from entering the leased premises except with permission of the court unless such prevention results from (i) bona fide repairs, construction or an emergency, (ii) removing the contents of the leased premises abandoned by a tenant or (iii) changing the door locks of a tenant who is delinquent in paying at least a part of the rent. The lease may alter this provision.

VIII. Changing Lock Due to Delinquent Payments

If a landlord changes the door lock due to delinquent rent payments, the landlord must place a written notice on the tenant’s front door stating the name and address or telephone number of the individual or company from which the new key may be obtained. The new key is only required to be provided during the tenant’s regular business hours and only if the tenant pays the delinquent rent. The lease may alter this provision.

IX. Landlord’s Removal of Property After Abandonment by the Tenant

A landlord may remove and store any property of a tenant that remains after the premises has been abandoned. The landlord may also dispose of the stored property if the tenant does not claim the property within 60 days after the date the property is stored. The landlord must deliver by certified mail to the tenant at the tenant’s last known address a notice stating that the landlord may dispose of the tenant’s property if the tenant does not claim the property within 60 days after the date the property is stored. A lease may alter this provision.

X. Abandonment by the Tenant

A tenant is presumed to have abandoned the premises if goods, equipment or other property, in a substantial enough amount to indicate a probable intent to abandon the premises, is being or has been removed from the premises and the removal is not within the normal course of the tenant’s business. The lease may alter this provision.

XI. Interruption of Utilities

If the tenant pays for utility services directly to the utilities companies, the landlord may not interrupt or cause the interruption of such services unless the interruption results from bona fide repairs, construction or an emergency. A lease may alter this provision.

XII. Removal of Doors, Windows, Locks, Hinges, Etc.

A landlord may not remove a door, window, attic hatchway, lock, hinge, hinge pin, doorknob or other mechanism connected to a door, window or attic hatchway cover from the leased premises. Additionally, a landlord may not remove furniture, fixtures or appliances furnished by the landlord from the leased premises. However, the landlord may remove these items for a bona fide repair or replacement, which must be promptly performed. A lease may alter this provision.

XIII. Landlord May Terminate Lease Due to Public Indecency Conviction of Tenant

A landlord may terminate a lease signed or renewed after June 15, 1981 if the tenant or occupant uses the property for an activity for which the tenant, occupant or any of their agent or employee is convicted of public indecency (prostitution, promotion of prostitution, display or distribution of obscene materials, sexual acts with persons under the age of 18, etc.) and such person has exhausted or abandoned all avenues of direct appeal from the conviction. Notice of termination must be by written notice within six months after the right to terminate arises. The landlord obtains the right to possess the property on the 10th day after the date of notice is given.

XIV. Notice Requirement Prior to Eviction

The landlord must give a tenant who defaults or holds over beyond the end of the term at least three day’s written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties contracted for a shorter or longer period of time in a written lease or agreement.

The notice to vacate must be given in person or by mail at the premises in question. If notice is delivered in person, it may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail or by certified mail, return receipt requested, to the premises in question. The notice period starts from the day on which the notice is delivered.

Copyright 2005, Tri Nguyen

Tri Nguyen practices primarily business, corporate and real estate law in Houston, Texas. He may be contacted by telephone at 713.513.4808 or e-mail at mailto:tri@trilawoffice.com tri@trilawoffice.com.

Not certified by the Texas board of legal specialization.

SUPERMARKET ACCIDENT COMPENSATION CLAIMS

It would be fair to say that supermarkets are something of a modern phenomenon. There are around 10 million people who shop regularly in supermarket stores in the UK. One retail chain alone has up to 2000 stores nationwide. Every city, town and almost every village has a convenience store.

With so many people moving through the checkouts it will come as no surprise to learn that more than 20,000 customers suffer injury or harm whilst shopping in supermarkets.

The casualty numbers are not publicised by the larger stores. There are many thousands of incidents that go unreported because the accident victim is simply too embarrassed to take the matter further or make a report to the store manager.

A great many injuries are caused by shoppers slipping on produce (fruit for example) or debris left on the floor. The tiled surface can become extremely hazardous when wet or when objects such as paper or plastic are dropped.

We are a firm of solicitors who deal with many incidents of this nature. Our clients generally have been the victim of shoddy practices inside the store where spillages are left unattended to or warning signs not used etc.

The supermarket manager have a legal duty to ensure that customers are able to shop safely and that any hazards are quickly identified. Spillages, breakages, obstacles and obstructions must all be dealt with to avoid the risk of injury being sustained by shoppers.

Most stores operate an aisle inspection program which involves rigorous checking of the aisles at regular intervals during the day. Staff are expected to report and deal with any hazards as soon as practicable. Whilst the duties imposed are onerous they are nevertheless entirely justified and very much in the publics interests.

We would recommend the following steps to be taken by anyone suffering injury or harm inside a supermarket:

Report the accident to a member of staff immediately and ensure a full record of the event is made.

Seek medical attention – attend the local hospital or your GP for advice.

Try to take down details of any witnesses (This may be difficult if you are in pain but such evidence can be crucial)

Take photos of the area or the object / spillage that caused you to slip (mobile phone cameras are excellent for this purpose)

Contact a solicitor to discuss a your legal position if you feel that you wish to take the matter further.

At The Claims Connection, we offer an entirely free legal service that ensures injured parties receive adequate compensation when they suffer an injury through no fault of their own.

If you have suffered personal injury in a supermarket, you may be able to claim compensation. This may include a sum for pain and suffering together with treatment costs and loss of earnings. Our success rate against the larger stores in the UK is second to none.

The author is the claims manager for theclaimsconnection.co.uk/” target=”_blank compensation claims solicitors “The Claims Connection” Read about our theclaimsconnection.co.uk/fall-in-supermarket.html” target=”_blank supermarket personal injury service by visiting our website or calling FREE on 0800 0322210.

Encountering a disastrous vehicular accident that can cause upon the victim a life threatening personal injury or even an instant death is definitely not a joke. Expect that when a vehicle accident happened, the resulting personal injuries are severe. The most common cause of these vehicular accidents usually points out to the negligent action or inaction of another person, usually a reckless driver, a drunk driver or a driver taking prohibited drugs. Of course, we do not have any control over these drivers on the roads. What we can control is just our own driving. We can be careful and follow the speed limit set on a particular road, street or highway. By doing this, at least we are trying to lessen if not prevent the chances of us getting involve in a vehicular accident.

However, we may have been very careful while driving on the roads, streets or highways, there are still times wherein a vehicular accident involving us and another vehicle driver still occur. As they usually say “Accidents do really happen”. But if we come to think of it, we can say that accidents can be prevented. In fact, they are not inevitable. If we just exercise the required diligence in our dealings and affairs, particularly in our driving, we can say that these accidents can really be avoided.

Now is the time to make a difference. Let us not be careless. Let us serve us examples to other people in proving that vehicular accidents can be avoided. By being serious in this campaign, who knows? Maybe we can really prevent the happening of these unfortunate incidents. Let us also make a stand and spread our advocacy. We should create awareness about our fight and let us do our best to achieve this goal of ours because contrary to what others think that vehicle accidents are inevitable, we just believe otherwise.

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On January 6, 2006 the President signed the Violence Against Women Act (VAWA) into law. VAWA is a very powerful piece of legislation that has been successful in protecting abused spouses and children. Moreover, VAWA has very definite provisions to protect immigrants in abusive relationships from loosing their status in the United States or getting deported from the United States. This article is to be limited in scope and covers briefly VAWA as it pertains to immigration law only.

Who can use or benefit from VAWA?

Although VAWA stands for “Violence Against Women Act”, it applies to all spouses including abused men and children. A VAWA petition can be filed in situations where the spouse of the US citizen or Permanent Residence has abused the alien. Abuses do not always have to be physical. Abuse can be mental, psychological, physical, or a combination of all the above. In fact, many abuses are psychological and sometimes leave long lasting scars. For instance, Anita is Married to Ram who is a US citizen. Ram knowing that Anita is alone in the United States and depending on him to obtain a green card takes advantage of Anita. Ram will regularly make insulting comments to Anita. When Anita tries to answer the insult, Ram will be threatening on calling the Immigration Services on her.

Note that Ram never hits Anita or physically abuses Anita. However, Anita is scared and humiliated. She stays in the relationship not only because she fears deportation but also that her family at home will not welcome her back as a divorcee. As time goes by Anita gets bitter and desperate. She feels she has no way out of this relationship especially because she will have to leave the United States if she leaves her husband. Anita gets more and more depressed and feels like committing suicide. This example is quite common in South Asian communities even if it might be an extreme example of psychological abuses. The question is whether Anita can leave her husband, go to a shelter and stay in the US? Well, the short answer is yes provided Anita qualifies for a VAWA self petition.

What are the requirements to qualify for a VAWA petition?

In simple terms there are three requirements to prove that you are eligible for a VAWA petition:

1. You had a bona fide marriage, that is, you entered a marriage in good faith with a United States citizen or permanent resident (“green card” holder) spouse ;
2. You were in an abusive relationship; and
3. You are a person of good moral character.

You are highly advised to document every of the above and to contact a licensed attorney who practices immigration law and is familiar with such cases. Indeed, preparing a VAWA abused case especially if it does not involve physical abuses can be a daunting task. Note that VAWA petitions can be filed during or before removal proceedings (deportations). Our office has successfully processed many of such cases.

What will happen to a VAWA self petitioner if he/she files such a petition?

Many abused immigrant are afraid to file such petitions because they think that the abusive spouses are going to hurt them by reporting them to the immigration services when they find out. They are wrong because VAWA has very specific provisions to protect the abused spouses and children legally. First VAWA is a highly confidential matter. Any kind of investigation will be done very discreetly. Second, there are special provisions under the Immigration Laws that prevent information from the abusive spouses and their families to be used against the abused immigrant. There are few exceptions to this. In fact, it is an offense punishable by fine if an immigration officer crosses lines drawn by VAWA. Therefore, if you find yourself in a potential VAWA situation you are highly recommended to consult an attorney or an experienced organization which can help you. Remember you do not have stay in abusive relationship!

Removal of Conditional Residence based on abusive relationship

If Anita entered into a marriage obtained a conditional green card and then starts experiencing abuses, she is also eligible to remove this conditional residence based on the abusive relationship. The removal of conditional residence is removed among other ways by filing the form I-751 and selecting that you are removing the conditional residence based on an abusive relationship. In this case, the laws under VAWA will apply.

As we have pointed out earlier this article is limited in scope, there are actually other very important issues involved in a VAWA application. You are recommended to contact an experienced immigration attorney to help you with your application. Should you want more information, feel free to contact our office for a consultation.

Shah Peerally is the managing for the Law Offices of Shah Peerally located in Fremont. www.peerallylaw.com Ph:510 742 5887

Information: Shah Peerally is the managing attorney for the Law Offices of Shah Peerally located in Fremont, California. Prior to his entrance into Immigration law practice, Shah worked in litigation and business law for Mc Nichols Randick O’Dea & Tooliatos LLP in Pleasanton, California. Later, Shah joined the Law Offices of Virender Goswami as a supervising attorney in business and employment immigration. Shah was also attorney of counsel for the Immigration law offices of Minter and Ahmad in Fremont, California. Fluent in French and Creole, Shah is a passionate and dedicated advocate. He is very active in the Muslim, Middle Eastern, South Asian and African communities. He regularly participates in lectures and free legal clinics. Shah has been personally commended by House Majority Leader Nancy Pelosi and Congresswoman Barbara Lee for assisting in their immigration workshops.