Archive for January, 2010

The Lemon Law

The Lemon Law in California specify that refunds are not only the price of the car but also the cost of components installed by the manufacturer of the car, sales tax, registration fees, towing fees and all other incidental expenses. The law specifies that it is up to consumers to choose either a replacement or a refund.

But how long is the law valid? It is valid for the duration of the warranty of the new vehicle. For example, the new car if involves a guarantee of 5 years and 2 years after the car starts to cause problems, the manufacturer or its representative is required to replace the vehicle or give you refund, after he has tried and failed to solve the problem after trying a’reasonable number of times \’.

If you think that’reasonable number of times’sounds a bit vague, it is clear on this issue also. It says that the term”fair’means: to attempt to correct a serious deficiency, more than double or repetition of the same problem, even after it has been settled more than 4 times. The California Lemon Law is valid if the owner of the defective vehicle has contacted the manufacturer at least once directly or your vehicle is inoperative due to defects in 30 consecutive days after purchase. The important point to remember if you want to make the Lemon Law in California work for you is that this law does not apply in the event that you have abused or mishandled car If you want to take advantage of the Lemon Law, contact a lawyer as soon as you discover that your car has proved to be defective and the manufacturer simply can not get it fixed.

Child Custody Law

If you go through a divorce and have children or are involved in a custody you probably want to know where to get custody law information and legal advice to help you with your situation. There are many resources available to get custody law information legal advice, but you must know where to look. It is also important to distinguish between custody information, legislation and legal advice. Information is different than the law and is not necessarily legal advice. Information is helpful to have an understanding of the subject and can help you make more informed choices. By being informed about the custody you’ll be able to communicate better with those involved in your case and get a better understanding of what a lawyer talking about when he / she provides you with legal advice and your legal opportunities based on the facts of your case.

There is a ton of parental information on the net, and often many resources that can help you at your local courthouse, and probably in your local area. Most of the information that you may come across the net, at the courthouse, or through self-help centers are for informational purposes only and not legal advice. Quality information can be extremely helpful in educating you on the topic and help you make more informed decisions.

When seeking custody law information, it is important to note that laws vary in each state. Also,”legal advice”"is something that can only be provided by a licensed attorney in your area. While the overall best interests of the child is typically the standard for custody decisions in most all states, can certainly state law information vary depending on the state you are in. If you are looking for advice tailored to your specific situation and your specific needs, you’ll wish to consult with an attorney licensed to practice in your state.

Save yourself through the truck accident settlements

Truck accidents are common cause of deaths and injuries on the roads especially in rural regions. The truck accidents can cause havoc in the victims’ family. Besides having physical disability it causes emotional upheaval which is unprecedented. But the greatest problem that the victim and his family faces is the financial troubles. In most of the cases the hefty medical bills become unbearable and many injured are dead or rendered disabled for whole life. The finances are disturbed completely as most of the people don’t take accident cover or insurance and the whole family has to bear the brunt. Moreover, even if the injury isn’t severe, the victim has to lose wages or suffer financial losses as he is not able to go for his economic activities.

One of the ways out is to get accident settlements from the truck company. Many victims fight for many years and finally receive a meager amount as settlement benefits due to many reasons which may include:

• Late filing of the lawsuit

• Incompetent or inexperienced lawyers and truck accident attorneys

• No or few witnesses and evidences

• No or faulty police report

• Weak presentation of the case

• High cost of the lawyer which prevent the victim to fight for long and settle for anything out of the court which often is very meager.

So to save yourself from all these, it is advised that you choose an accident lawyer who is well versed in these types of cases and can help you to get a good settlement out of the court only. This will save you time and harassment.

Ten Important Things in Cyber Law

Cyber Law deals with the legal issues of the internet usage and all devices connected over the network, their proper use in order 1to prevent and control cyber crimes. Since the internet is all over the world the rules and regulations are a bit cloudy but we need to keep in mind a few things to ensure that we are using the internet in a proper and safe manner without causing any trouble.

1. The internet’s jurisdictional boundaries may not be clear but the users are bound by the jurisdictional laws of the area in which they reside.

2. Do not access web sites that may not be approved by the jurisdiction in your area.

3. Do not post any offensive material that may cause an outrage among other internet users. Articles with an offensive tone on sensitive subjects like religion, politics etc., Uploading child pornography and other offensive materials is considered a crime in many countries and is punishable depending upon the country’s laws.

4. Illegally downloading and distributing protected items like intellectual property and copyrighted articles is a cyber crime and those who are caught engaging in such acts can be prosecuted.

5. Duplication of content or software from CDs and DVDs that are copyrighted and distribution of these on the internet is punishable.

6. Stealing user information (phishing) and impersonating a user (ID theft) are serious cyber crimes.

7. Sending bulk messages that can affect networks and jam mailboxes is called spamming. The US introduced CAN-SPAM Act t in 2003 that allows prosecution of spammers.

8. Sending malicious codes such as viruses and worms through websites and e-mails is a cyber crime that can cause serious damages and anyone caught engaging in the act can be seriously punished.

9. Any site that allows users to download materials without acquiring proper permissions can be prosecuted or even be made to close down. Napster.com was shut down for similar reasons.

10. Illegal bank transactions through internet,  to any dangerous individuals who might threaten national security is a cyber crime that will be considered as a breach of national security and those caught engaging in such acts can be punished by the government.

Cyber Crime

Everyone who works on a computer must be familiar with the term “Cyber Crime”. Initially, when man invented computer and then the technology for communicating between computers was evolved, he would have never thought that the cyber space he is creating could be flooded with any crime i.e. cyber crime. But now almost all of us might have heard the term computer crime, cyber crime, e-crime, hi-tech crime or electronic crime which is nothing but an activity done with a criminal intent in cyber space. Simply put, it is an activity which is generally criminal in nature, where a computer or network is the source, tool, target, or place of a crime. To say in one line, “Cyber crime refers to all the activities done with criminal intent in cyberspace.”

Such crime involves an information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID theft), and electronic fraud.

This article intends to give an overview of Cyber Crimes since in e-life (of which we all are a part of) conventional crimes like extortion, forgery etc. are being done with the help of computers; which most of us are using for online monetary transactions.

In today’s e-Age, ‘Crime’ has extended itself beyond physical assault or mental torture; now it also affects our e-life. E-Life means our existence & living in the cyber world. Every one of us is a part of this cyber world, directly or indirectly, since computers & internet are now an integral part of our personal & professional life. Just like any other invention, Computers & Internet are a boon to human kind if used in a right way and to the advantage of the society. However, as we all know, everything has its pros and cons and so computers & internet are not an exception. If we consider ‘Cyber Crime’ as virus then it won’t be untrue to say this virus is corrupting man’s significant development (computers and internet) which is responsible for developing civilized society for men. Cyber Crime is a menace all over the world and is the one of the most difficult & challenging to detect & investigate. You will find it interesting to note that even the official website of the Cyber Crime Investigation Cell of Crime Branch Mumbai quotes “The invisible criminal is dangerous than the visible one”.

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