Sunday 12 May 2013

Handling Out of Court Cases Effectively


If you previously had a car, work or any type of accident involving property or personal injury losses and you want to save time, you could settle cases out of court against your offender. As the victim of the incident, you could call to have your complaint against the offender settled with an out of court agreement to avoid high court hearing and legal consultation costs. 


First, you’ll need to assess the damages done to you. In a personal injury case, a medical professional can estimate your physical injuries including pain and suffering. In a car accident, you save time having a qualified repair shop make the estimates on your vehicle. These estimates help you get the ammunition you need when you face off against your offender.

Second, have a legal representative help you make a letter of complaint against your offender and give them an option to settle out of court paying the total amount of compensation you’ll need based on the information from your medical certificate for your injuries or the total repair costs from the qualified repair shop.

Be sure to highlight the fact that your offender can save time and money on legalities if they can agree to settle the dispute amount. Your legal representative can also press other charges against your offender, so it is best you also indicate this in the letter. Have the letter notarized.
Inform the right authorities about the out of court settlement of your case to clear your police report and close the file.

Wednesday 8 May 2013

Some of the Worst Court Decisions in History


One might think the legal system in most western countries is perfect, but in reality, they are not. Big cases that spurned public sensationalism were met with great expert criticism because of the worse calls in court history. Here is a list of them.



1.     Tina Bennis Vs. The State of Michigan
In this case, Tina Bennis and her husband owned a vehicle where Tina’s husband employed the services of a prostitute. The government captured the vehicle as a public nuisance and the court ruled that the government could take Tina Bennis’ property without due process or appeal, even if she didn’t know her husband used her property in such a way.

2.     Home Building and Loan vs. Blaisdell
The Court created the Emergency Exceptions Doctrine that the government could interfere in private contracts because of the severe effects of the Great Economic Depression in the early 1930’s.

3.     Grutter vs. Bolinger
Sandra Day O’Connor challenged the University of Michigan Law School and their interest to promote class diversity that justified a series of racial preferences. Grutter gave action supporters a clear road map to evade Bakke and continue to discriminate prosective students based on skin color.

4.     Griswold Vs. Connecticut
The court rejected a law that prohibits the use of contraceptives, but created a Right to Privacy. The interpretation of the Constitution stemmed from the Court’s apparent desire to disable Connecticut Legislature-passed laws without limiting the Conneticut Legislature’s government authority.


Monday 6 May 2013

The Rights of Any UK Photographer


The freedom of expression is not only applicable to words, but also moments and images captured real time. In today’s time, one can self-publish and disseminate their work with legal protection. However, sometimes, UK photographers, who cannot be restricted in taking photos anywhere they choose get harassed or abused by officials and enforcers of the law. 


Sometimes, police officers who get photographed chase after the photographer and break their cameras for capturing their image publicly. It is respectable that some rules do not allow photographers to take photos of restricted government buildings.

The main rule of rights any UK photographer has is that if you are standing on public ground, you could take pictures of anyone and anything you like even if it is private or public property.

Most officials and professional photographers say that some photographers end up in violent situations because they do not respect the subjects; some forget to be courteous and just snap away, regardless if they’re capturing a moral or immoral scenario.

You could also use any photo taken of a private property to gain profit. However, you might need to gain the permission of the property owners if you want to endorse their products. Some big companies and institutions issue a statement that photographs taken within their vicinities are allowed but not allowed for commercial use.

Thursday 2 May 2013

An Introduction to UK’s Law Against Noise Pollution and Nuisance


Noise and nuisance is frequent especially in closely-knit neighbourhoods in the United Kingdom. There is a law the protects residents who are disturbed by great noise emitting from a neighbour, a nearby construction area or a nearby outdoor party or festivity. Here’s an introduction to your right against noise pollution and nuisance.



1.     Legal Definition of Noise
UK’s environmental laws define noise as unwanted sound that is loud or repetitive. Regardless of pitch, low or high frequency noise at consistent decibel levels can injure the ear. It is also considered a major source of stress. Noise becomes a nuisance when it becomes “unlawful” for the complainant. The unlawfulness is subjective to the complainant, but authorities will also consider the level of noise, the length, and the time of day the noise emits in the neighbourhood.

2.     Action
Local authorities usually serve abatement notices if the noise or nuisance reaches a statutory level. This means the noise is prejudicial to the health of a complainant or a resident of the area. For example, a loud rock concert near a home for the aged could result into a statutory abatement notice.

Police could deal with a complaint if the noise amounts to breach the peace in a neighbourhood or if the noise emitter has threatened the neighbourhood  with violent or anti-social behaviour.

3.     Best Practical Means
However, some noise and nuisances can come from construction areas and projects nearby. A defence available to most contractors is the “best practical means”. This means that the contractor has used every known reasonable means to reduce or control the effect of the noise. Authorities recognize that construction and industrial equipment or activity could emit great noise and these may affect neighbourhoods, but, having clearance to operate, contractors must fulfill their obligation to try and reduce the noise as much as possible and observe proper times for activity.