Posts Tagged ‘Criminal Law’

Criminal Law


Product Description
Expert authors provide an introduction to the definitions and elements of the various crimes and defenses, integrating both the common law and the Model Penal Code. Subjects covered include offenses against the person, h… More >>

Incoming search terms:

Criminal Law Examples & Explanations, 4e


Product Description
Part of the unique, time-tested <i>Examples & Explanations</i> series, <b> Examples & Explanations: Criminal Law, Fourth Edition</b> combines textual material with well-written and comprehensive ex… More >>

Incoming search terms:

Getting Into The Law School You Want

For an aspirant lawyer, willing to make it big in the legal profession, selection of the right law school is critical. Getting into the law school you want is not easy and finding it even harder. Thousands of law schools have sprouted all over the place and each claim to provide you with the best education. It is thus imperative that you carefully choose the law school. There are certain guidelines that you can consider while choosing a school of law. Caution and circumspection will go a long way in to ensuring that you have chosen the right law school.

Let us take a look at the factors that need to be considered for selecting a law school.

First, the faculty of the school is of premium importance. The quality of faculty is essentially equal to the quality of the students. You need to address a number of issues here. Find out whether the faculty is adequately diverse in terms of race, gender, experience, qualification and so on.

What is the faculty to student ratio? The higher the number of teachers to the students, the higher a student will get the attention. Are the teachers considered authorities in their respective fields or have they published papers on the subject? Does the law school invite enough visiting lecturers of eminence regularly? Try to answer these fundamental questions to evaluate the quality of faculty.

Second, find out how equipped is the library? Does the library have a rich collection of core law books, law reference books and journals and are these subscribed on a regular basis? Does it have internet connection and adequate number of personal computers that will facilitate intense research? Is the staff qualified enough to handle a library or in other words, is the staff certified? Find out this critical information about the library.

Third, find out the quality of the curriculum. All the law schools typically follow courses like contracts, criminal law, constitutional and property law, civil procedure, legal methods, along with writing, torts.

However, all law schools may not have programs that are suitable to your own needs and special requirements. In case you don’t happen to have specific study or area interests in your mind you can try to ensure that the school teaches a variety of electives so that you can choose from many.

The above factors need not necessarily ensure that you will get into the best law school ever made. However, the above are essential ingredients of a good law school and you do not have any option but to critically analyze whether the law school in question in question actually has these capabilities. You may not be able to find the best law school but the law school you find will be a decent one at least.

Incoming search terms:

Online Criminal Attorney ? Search Faster With Online Criminal Lawyer and Attorney Sites

Criminal accusations may turn your life into a living hell. Opt for an online criminal attorney immediately. Browsing the internet for a competent attorney will help you in finding the same that too in much shorter time period. After all, that is what you want, right? A truly expert legal representative who is experienced in criminal law can show you whether the accusations that their clients are alleged with are based on valid logic or not. Unfortunately, such situations are not common but surely not unavoidable. Still, luckily, there are thousands of websites that cater to the immediate requirement of a criminal lawyer.

How Easy Is It To Find A Criminal Attorney On The Internet?

Previously, people had to work really hard, literally ‘under the sun’ to search for a proficient lawyer. Today, the entire scenario has changed as the internet technology has taken over the world. The World Wide Web allocates space for innumerable type of products, services and information in its arena. And, information on criminal attorneys is also a part of it. Accessing information and services of all types of attorneys is possible now without wasting sweat and energy. With just a few clicks, you can find a capable online lawyer, also one who you can easily afford.

How Much Does A Criminal Lawyer Or Attorney Bill, Usually?

When the Issue of affordability is already cited in the discussion, therefore, discussing the billing system of attorneys is relevant here and essential too. Different companies may charge for their services differently. However, usually, two main methods are followed. The fee is charged either on the basis of hours or the nature of the case. Hourly basis fees are fixed fees that are charged as per the hours spent on the entire procedure of the clients’ cases. Hourly basis fees of attorneys may vary between twenty dollars to a couple of hundred dollars. Hence, if you have to think about your budget, think about searching for criminal attorneys online so that you may check the charged fees. Hourly basis fees of attorneys depend on their experience and skill in handling the cases.

Many companies offer a ‘cap’, as per which the client is liable to pay the fixed hourly basis rates up to a predefined amount. When the hours spent in the case exceed this ‘cap’ amount, the attorneys will finish the case at no additional cost. Case billing is charged for working on specific type of cases. For example- every type of drunken driving criminal cases are charged with an invariable amount.

Law School Tips- Free Related Guide For Law School Admission Council

LSAT and grade point average is a pair of the majority significant stuff for law college admission. However, you really should understand that law schools are also interested during students’ work experience. Lots of law schools need private statement and letters of recommendation.

Getting into prestigious law schools has never been easy, even when the demand for law school admission was much less than it’s very today. In nowadays’s highly good legal education markets, getting into a prestigious law college is usu reserved for only the most suitable and brightest. Here’regarding a few tips that may help you really buy into the prestigious law school of your dreams.

There also are thousands of applicants to law schools all over the world each year. Most of the applicants fall between the ages of 22 thru 25, a few between 26 and 29, and a little percent between the ages of 30 to 34 years of age. Far more than 84,000 candidates in 2007 alone into America’s law schools; it is very safe to mention that lots of individuals also are selecting law because his or her desired career. A enormous a component of going into law is choosing the straight law school which is a choice that varies for each future law student. Hence, the simple way do you select the right law school?

When the excitement reduces from receiving your renown letters you want to make convinced to consider a couple of different factors like the size of the student body, location of the college, because well because the local community. All of this must be considered and weighed against each college before you actually make a hasty choice. The same time you too considered things such as the curriculum offered and how the school will fit into your life, you actually is able to make the choice of which law school may be the most suitable selection.

You will be enrolled in the basic first year law school classes – contract law, tort law, criminal law, property law, and civil procedure – not to mention legal research and writing. These first year law college classes will lay the foundation of the rest of your law school have. You’ll learn the law during every area primarily based on analyzing court opinions.

Be searching for law school analysis groups. One of the most suitable ways to prepare for law school exams is to create outlines for each law college subject. Law school study groups also are a great way to collaborate with other law school students to make a master outline and be convinced that nothing goes untouched.

Law college is a goal for numerous soon to be school graduates. Finding out the way to purchase into law college is a process unto itself. The majority individuals feel it’s very everyone preparing taking the Last exam and scoring well. That is a huge a component of the method but there is a lot way more involved than just the test. Law schools wish to understand what type of individual you actually are and how dedicated to the program you’ll be during your time there. This is serious business and they don’t wish an individual to be there that takes it lightly.

How do law college superstars understand which summer figure is the most suitable for creating them into superstar lawyers after graduation? They have put a few thought into what area of law, they would like to practice once they buy out of school. They probably had some idea before entering law school, but since they are also superstars, they too did their homework the same time they got to college. Law school superstars analyze the various possibilities for the trajectory of their careers by talking to way more experienced students, faculty members, and mentors. By formulating a clear idea of what kind of superstar lawyers they would love to be upon passing the bar, superstar law students are also able to arrange their experiences during law college to maximize his or her chances of securing a position in the field of their choice.

Bartlett Law Firm Offers Legal Help in Orlando Bankruptcy Cases

Bankruptcy cases can be a difficult to handle, because of the range of legal issues involved. Bartlett Law Firm assists both creditor and debtors in Orlando bankruptcy cases. The firm is based in Orlando, Florida.

The lawyers at the firm file bankruptcy petitions in Orlando and throughout Florida on a weekly basis, and the petitions are filed only after ensuring that these conform to the requirements of the court. The firm has expertise in handling Chapter 7, Chapter 13, and even complicated Chapter 11 bankruptcy cases. The attorneys of the firm will fight in court on behalf of their clients, and even go to trial. The firm has handled several complicated bankruptcy matters.

With personalized solutions for each client, the law firm offers reasonable prices for services in Orlando and throughout the state of Florida. When clients get services from this law firm they can rest assured that they are getting the best value for their money.

The firm offers an initial thirty minute consultation for free, and anyone needing a bankruptcy, business, criminal, family, or personal injury lawyer can contact the firm for an appointment. With focus on personal assistance in these cases, the firm aims to give their clients the best experience possible. The attorneys at Bartlett Law Firm are not only skilled in Orlando bankruptcy cases, but they also offer counseling in several other legal areas including: business law, criminal law, family law, and personal injury. Find out more about the complete range of services provided by Bartlett Law Firm by browsing through www.pdbartlettlaw.com.    OFFICES: Orlando.  LICENSED: State of Florida.

Data Theft in Cyber Space ? Issues and Laws

Data Theft in Cyber Space – Issues and Laws

The rapid development of Information technology poses new challenges before the law. These challenges are not confined to any single traditional legal category but arise in, for example, Criminal Law, Intellectual Property Law, Contract and Tort. One such challenge is the growing menace of “Data Theft”. It is the term used when any information in the form of data is illegally copied or taken from a business or other individual without his knowledge or consent.

 

Data as a valuable asset

Data is a valuable asset in this modern era of Information Technology (IT).  Data is an important raw-material for Call Centers and I.T. Companies. Data has also become an important tool and weapon for Corporates to capture larger market shares. Due to the importance of Data in this new era, its security has become a major issue with the I.T. industry.  The piracy of data is a threat, faced by the I.T. players, who spend millions to compile or buy data from the market.  Their profits depend upon the security of their Data. 

 

Issues

The major issue regarding Data Theft is its International character, for example Systems may be accessed in USA, the data manipulated in China and the consequences felt in India. The result of this ability is that different sovereignties, jurisdictions, laws and rules will come into play which again is an issue in itself. Further, collection of evidence in such circumstances become another issue as investigation in three different countries, all of whom may not be in talking terms, is almost impossible and poor technical know-how of our cops adds to the woes. Also, the lack of coordination between different investigating agencies and a not-so-sure extradition process is another head ache. However the biggest of all these issues is the lack of specific laws in the country dealing with this crime, so even if the culprit is caught he can easily get away by picking and choosing any of the of various loopholes in our law.           

 

Does India have sufficient Laws?

The problem of data theft which has emerged as one of the major cyber crimes worldwide has attracted little attention of law makers in India. Unlike U.K which has The Data Protection Act, 1984 there is no specific legislation in India to tackle this problem, though India boasts of its Information Technology Act, 2000 to address the ever growing menace of cyber crimes, including data theft. The truth is that our IT Act, 2000 is not well equipped to tackle such crimes. The various provisions of the IT Act, 2000 which deal with the problem to some extent are briefly discussed below.

Section 43:- This section provides protection against destruction and unauthorized access of the computer system by imposing heavy penalty up to one crore. The unauthorized downloading, extraction and copying of data are also covered under this section. Clause ‘C’ of this section imposes penalty for unauthorized introduction of computer viruses of contaminants. Clause ‘G’ provides penalties for assisting the unauthorized access.

Section 65:- This section provides for computer source code. If anyone knowingly or intentionally conceals, destroys, alters or causes another to do as such shall have to suffer imprisonment of up to 3 years or fine up to 2 lakh rupees. Thus protection has been provided against tampering of computer source documents.

Section 66:- Protection against hacking has been provided under this section. As per this section, hacking is defined as any act with an intention to cause wrongful loss or damage to any person or with the knowledge that wrongful loss or damage will be caused to any person and information residing in a computer resource must be either destroyed, deleted, altered or its value and utility get diminished. This section imposes the penalty of imprisonment of up to three years or fine up to two lakh rupees or both on the hacker.

Section 70:- This section provides protection to the data stored in the protected system. Protected systems are those computers, computer system or computer network to which the appropriate government, by issuing gazette information in the official gazette, declared it as a protected system. Any access or attempt to secure access of that system in contravention of the provision of this section will make the person accessed liable for punishment of imprisonment which may extend to ten years and shall also be liable to fine.

Section 72:- This section provides protection against breach of confidentiality and privacy of the data. As per this, any person upon whom powers have been conferred under IT Act and allied rules to secure access to any electronic record, book, register, correspondence, information document of other material discloses it to any other person, shall be punished with imprisonment which may extend to two years or with fine which may extend to one lakh rupees or both.

 

Can Data Theft be covered under IPC?

Section 378 of the Indian Penal Code, 1860 defines ‘Theft’ as follows:-

Theft – Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

 Section 22 of I.P.C., 1860 defines “movable property” as follows:-

            “The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.”

            Since Section 378 I.P.C., only refers to “Movable Property” i.e. Corporeal Property, and Data by itself is intangible, it is not covered under the definition of “Theft”.  However, if Data is stored in a medium (CD, Floppy etc.) and such medium is stolen, it would be covered under the definition of ‘Theft’, since the medium is a movable property.  But, if Data is transmitted electronically, i.e., in intangible form, it would not specifically constitute theft under the IPC. 

 “Data”, in its intangible form, can at best be put at par with electricity.  The question whether electricity could be stolen, arose before the Hon’ble Supreme Court in the case “Avtar Singh vs. State of Punjab” (AIR 1965 SC 666).  Answering the question, the Supreme Court held that electricity is not a movable property, hence, is not covered under the definition of ‘Theft’ under Section 378 IPC.  However, since Section 39 of the Electricity Act extended Section 378 IPC to apply to electricity, so it so became specifically covered within the meaning of “Theft”. It is therefore imperative that a provision like in the Electricity Act be inserted in the IT Act, 2000 to extend the application of section 378 IPC to data theft specifically.  

 

What do we need and why do we need?

It is imperative in today’s world that an emerging IT super power like India has a comprehensive legislation to protect its booming IT and BPO Industries (worst affected industries) against such crimes. Though the IT Act may appear sufficient in this regard but it is not comprehensive enough to tackle the minute technological intricacies involved in such a crime which leaves loopholes in the law and the culprits get away easily. Since this problem is not confined to one nation and has international dimensions, India must look forward to be a signatory to any international convention or treaty in this regard. Also it high time that our national police organizations are trained to deal with such crimes.    

 

Family Attorney – What is the Price of a Combination of Laws and Sensitivity?

Family attorney is a term widely used to describe attorneys that deal with the infinite aspects of family law, as well as those of property law, criminal law, probation law, etc.

A Multifaceted Job

The most common cases a family attorney has to deal with are child custody, divorce, abuse and domestic violence. However there are many more instances where even the best family attorney would have to work with kidnapping, parental rights, emancipation and so on. Seeing how a particular case can be related to other legal areas, specialization does not count in this kind of profession as experience does. The more experienced a family divorce attorney is the more chances are that he would have dealt with a case similar to yours.

A family attorney has to be aware of the various family laws in different states as well so as to be able to relate them to property and criminal laws in the same state as his client. These internal rules are certainly not valid just for a family law attorney but also for other lawyers who specialize in different areas. However, the nature of work that a family attorney has to deal with is very sensitive as it concerns emotions and feelings related to the family.

When Children Are Involved

The most fragile section of the society is often involved in family law cases: children. Whether because of divorce or abuse, the protection of minors is the main focus of any family law attorney. Children are always the first ones to be represented and protected, although the case might not be raised by them. It is the duty of the jury and of the best family attorney to always stand by and shelter the innocent section of our society. Therefore, attorneys have to always be sensitive to emotional issues of minors. If traumatized at young age, the child will tend to face problems at all stages of life in future.

As the nature of the work is so various and so demanding, a family attorney will charge differently for each case. The fees depend on the hourly basis as well on the outcome of the case in court. The hourly rates depend on the area or the state, on the experience and popularity of the attorney and on the nature of the case. Retainer charges asked by attorneys are usually paid by the spouse with a higher income, if the second spouse is in financial difficulty. The court usually gives an order called ‘Pedente lite’ so that payment by the spouse with a higher income becomes compulsory.

Incoming search terms: