Month: January 2019

The election of an African-American President was something few people thought would happen in their lifetimes. The reason? Prejudice against people of color. Alas, there is an open prejudice in the legal system as well. The type of prejudice we are talking about in this article, however, is not an offensive version and is often misunderstood.

The legal system, particularly the civil system, is very forgiving in many ways. If a party makes a mistake, the system will often have a built in allowance for them to try again. This can be done through things such as amendments to pleadings and so on. The term prejudice, as noted in the legal system, is a pillar of this process.

What does the legal procedure concept of prejudice mean? It simply is an indicator that something is final or not. A motion that is granted -with prejudice- is a final ruling on that subject and it shall not be raised again. A motion that is granted -without prejudice- is something the impacted party will usually be allowed to try and fix within a set time period. An example helps show how this work.

I sue you for causing a car accident between the two of us. You file a motion to dismiss my complaint on the grounds that I didn’t serve you with the complaint correctly. I argue that I served the lawsuit at your home address and on your wife. You argue that a separation had occurred a week earlier and you know longer lived at that address. Under the laws of your state, the court grants the motion to dismiss but does so without prejudice. This gives me a certain amount of time to serve the lawsuit on you in a proper manner.

Now consider a second case. I sue you for causing me to drive off the road and crash into a tree. I assert that you did this because you are really an alien being who can control the minds of people. You file a motion to dismiss on the grounds that I am completely out of my mind and haven’t stated a legal cause of action. The judge agrees, recognizes the case is nonsense and grants the dismissal with prejudice. I am not barred from amending my complaint or trying again.

These are obviously two extreme examples. That being said, they do bear out the concept of prejudice as it applies to the legal system.

Thomas Ajava is with MelbourneWrongfulDeathAttorney.com – locate a quality Melbourne wrongful death attorney to review your wrongful death case today.

An apartment buyer has to especially obtain the following legal information in Bangalore from the developer / promoters before purchasing flats/apartments:

Mother deed /sale deed etc: It is very important document to trace the ownership. And it is basic document that shows how the property at the commencement was acquired there after there will be series of transactions such as sale gift etc. Here along with mother deed original sale agreement with builder/ developer duly registered is required to look into. And also check for the appropriate stamp duty & property registration cost charged in the state of Bangalore.

Khata certificate & up to date tax Paid receipts: In case of joint development, the Khata should be in the name of the landowner .And in case of outright purchaser by the developer, the khata should be in the name of developer/promoter.
Joint Development Agreement Law -: In case of joint development this agreement needs to be scrutinized. Care should be given to understand the ratio at which the build- up area is shared between the landowner & the promoter.

Encumbrance certificate: Up to date encumbrance certificate from the period of last 30 years has to be legally checked and obtained from the Sub registrar of Bangalore.

Approved plan: Copy of the approved plan by a appropriate authority along with plan of purchases portion of the apartment
Sanction plan: Sanctioned building plan of apartment along with validity of Sanction plan and commencement certificate should be legally verified and confirmation from the (Bangalore) municipal authorities has to be taken about its adherence to building by laws.

NOCs: Urban Land Ceiling and Regulation Act and the Income-Tax Act. If required has obtained. To be more specific, check if the transfer of property approvals have been obtained from the statutory land development or planning authority or competent authority constituted under the Urban Land Ceiling and Regulation Act and the Income-Tax Act. If so, have the approvals been obtained?

Occupancy certificates: on the completion of apartment corporation /BDA/ CMC issues occupancy certificate to the developer. Buyer needs insist for this.

Be sure that the developer has acquired all legal approvals from the Municipal Corporation, Area Development Authorities, Electricity Boards and Water Supply & Sewage Boards.

If the owners of apartments situated in a high-rise building file a joint declaration in the form prescribed under the Karnataka Apartment Ownership Act, 1972, and the rules framed there under and get them duly registered, certain valuable rights and legal safeguards will be available to them. It is advisable for them to acquire such statutory recognition. In such cases, an association, if formed among them, will get the statutory recognition as an association of apartment owners. The mutual rights and obligations between the developers and the apartment owners will be precisely defined with statutory support for the same.

Commercial flats

The above Act is not applicable to commercial flats. However, even in respect of these commercial flats, the deeds of absolute sale and conveyance can provide and record the absolute and exclusive ownership rights to the commercial flat together with undivided interests in common areas and the right to use and enjoy the common facilities, amenities and infrastructure, as in the case of residential apartments.

Matters relating to both residential apartments and commercial flats are also governed by the Karnataka Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act 1972, and the rules framed there under.

In Dubai, it is necessary to find a UAE law firm after complete research and you should also know what you should expect from Dubai advocate. >

Any business owner normally has to face a wide range of challenges while operating his or her business. However, the most important one is the legal issue. There are also many people who do not deal with the legal problems because of many reasons like unawareness of government policies, high cost or because of the large amount of time taken.

The legal issues can be in various forms such as:

If any customer fails to pay in an account despite of many promises

You will only get a letter from the government agency

You found out that the former manager of your company has set up a competing business plus also has stolen the best customer as well as one of the key employees

Someone told you that one of your standard form contracts won’t stand up in court and you are worried about it

These are some of the instances where you will need the services of UAE Law Firm.

Seek out legal help at the first sign of a problem

You will need the financial help when you will feel the need to go to a Dubai advocate. For instance, if your competitor is using your name to sell his products, and you are losing customers because of this then you need to file for a claim you will need the services of an advocate.

If you are having a problem with an employee at your company it is also significant to take the appropriate step at the earliest. More you will wait, more it will cost to your business.

An important point here is that seeking advice of a professional as soon you find a problem or before anything has been done in the market can make it worse. The Crisis management is always considered to be more expensive as well as more time-consuming than the early response.

Have a team of lawyers to call on when you need them

Each and every business must have team of on-call lawyers. These are less expensive and complicated than it sounds. You will only require the telephone numbers as well as the email addresses of the trusted corporate, and litigation employment litigation lawyers. Now, depending on the nature of the business, you might also require the intellectual property lawyer, who can deal with the trademarks, patents or copyright.

Author Bio:-

The Author is a professional Dubai advocate in a reputed UAE law firm and can offer you the best services when you are looking for an advocate in Dubai. For more information you can visit Fichtelegal.com

Businesses and law groups which provide legal services to their consumers hire paralegal associates and trainees who assist them in their legal activity. Every company needs a very good and knowledgeable worker for itself and it is the same in situation of legal groups, they require intelligent paralegals that have thorough knowledge about legal proceedings. Ahead of the official hiring and recruitment from the paralegals, the corporations or groups consume a diagnostic tests test and an interview to scan the candidates. This method helps to identify the appropriate individual from the group who has to become selected. A general legal questionnaire is prepared by staff which includes questions within the respective field. Sometimes paralegal interview questions are very tricky and reality oriented where a person has to give right references for his answers. Paralegal job interview is not as easy as the well-liked job interviews are since it requires the base of info and their appropriate legal items in their support.

Generally, most with the legal businesses research an excellent legal assistant so they don’t ask about legal procedures and related laws like “what is your knowledge about formal legal proceedings? This a weird type of question if asked from a legal assistant in a paralegal interview. The principal focus is towards the candidate’s easy skill and search abilities, regardless of whether a candidate can probe out detailed analysis about a legal scenario. Some legal businesses ask for strengths and weaknesses of the person who is searching for a career for your paralegal assistant. These types of questions are irrelevant on the work but they provide an initiating thing for a formal session or sometime it may possibly begin with asking a person’s name. Generally, candidates who have completed their paralegal training make it through due to the fact they’ve rich knowledge about various legal aspects. And once the paralegal interview questions come to civil matters, they generally ask queries related to intellectual property rights and genuine estate laws.

Paralegal interview questions like “why need to we eat you as being a paralegal? This sort of questions are incredibly confusing and put a candidate in a quandary case because one wrong term can make the situation worse. In this respect an appropriate resolution based answer is needed which can justify the question. Sometimes the paralegal job interview queries can be from employer employee relation; just the simple rules nothing in depth is required. If another person has already got some experience being a paralegal then question may be asked about his work like his branch of working, documentation program is incredibly important. If any question is related to past work experience then the answer ought to be stated in a professional way simply because this will help a person in elevating his profile. There are numerous open shut queries which are asked like “Describe 1 of your worst experiences”. Somebody has to react professionally and need to respond having a precise answer rather than indulging in details. Inside a paralegal interview, they may well ask about a person’s confidence level or his motivation techniques. Mainly the questions asked are from professional background of the individual including his past experiences.

Owning a 50cc moped gives you the freedom to travel to your friend’s house or into town when you want to and they are a great way to prepare for a real motorbike as they only reach 30mph which is the perfect way to gain road confidence. You can then upgrade to a 125cc or above when you want and go much faster.

The low insurance costs on these mopeds are also a good factor and they don’t require much petrol. They also have the bonus of being able to get into many places that cars can’t because of their size and easy manoeuvrability. However, the drawback to this is the safety issue as you don’t have much protection on a scooter and some road users will give you less than enough consideration. Overall, however, this is the only set back and the benefits of a moped are numerous in comparison.

Once you turn 16 in the UK you can legally get a permit for a 50cc scooter. The same with driving a car there are lots of responsibilities when riding a moped and you’ll need to use your common sense. Experience on the roads will come with times and treating your moped as a proper vehicle rather than a toy to show off on is the first step. Mopeds can leave you very vulnerable on the road as you have no protection, so until you’ve passed all your tests and are fully confident keep L plates on your moped to alert other drivers.

Traffic is daunting when you first encounter it in any kind of vehicle and mopeds are no different. You need to be able to adapt quickly to changing conditions on the road even more in a moped and this in turn will keep your reactions highly tuned. 50cc mopeds can only reach 30mph and this speed allows you to be able to pay more attention to your surroundings and become more self aware. Every road bump will jolt you more than in a car, so balance is a key factor in good moped control!

Your body is much more responsible for controlling a moped than you would need to in a car and all of your body has a part to play. Your left hand controls the clutch to change gears and your right hand is responsible for the brake. In addition to this your left foot then changes the gear and controls the signals, reversing, lights and moving to the reserve fuel tank whilst your right foot is mainly for balance.

50cc scooters and 125cc motorbikes are the best kinds of vehicles to use in order to gain road sense in preparation for a proper bike or even a car. However, think about what you as a person would be the most comfortable with. You will need to be mature and responsible to ride a moped and be able to pay your way much better than a tank of petrol in a car will.