Archive for November, 2008

Contractual Agreements, Business Contracts, Business Lawyers

Posted by Laura on November 26, 2008 at 9:33 pm

A contract is a legally binding agreement between two or more persons for a particular purpose. In general, contracts are always formed on the same pattern. A person offers to give another person something; to provide a service or to refrain from doing something. If the offer is accepted, the contract is then valid in principle.

A contract is, therefore an agreement that legally binds the parties to the agreement to do (or not do) what the contract stipulates. The essential elements of a contract are the offer, acceptance, and consideration.

Common law is the system of law that evolved from the decisions of the English royal courts of justice since the Norman Conquest (1066). Today the common law, considered more broadly to include statutes as well as decisions, applies in most English-speaking countries, including all Canadian provinces except Québec. Civil Law is the system of law that evolved from the Roman law compilations of the Emperor Justinian. Today it is found in countries of continental Europe as well as their former colonies and, in Canada, in Québec. Canadian common law and Québec civil law generally follow similar rules in this regard, that is a contract legally entered into represents a legal bond between the parties. Parties are free to contract whenever and for whatever reason they wish.

Five conditions that must be met for a contract to be legally binding

Mutual Consent

The first condition is that there should be mutual consent of both parties. In other words there must be an offer by one side and an acceptance of the offer by the person to whom the offer was made.

Contractual capacity

The second condition is the contractual capacity of both the parties. For a contract to be enforceable it must be between competent parties. All persons are legally authorized to enter into a contract except for the following:

Minors, who are above 18 years of age,

Mentally incompetent persons,

Person who is ineligible from entering into the contract by law.

Purpose

The third condition is that the contract should have an object or a purpose; it must concern a specific and agreed-upon good or service.

Lawful Cause

The fourth requirement of a valid contract is that its provisions be legal. If a purported contract requires an illegal act, the result is a void contract. Parties to an illegal contract have no standing in court. If one party receives money or property under an illegal contract, the other may not sue to recover what was paid under the contract. Contracts to commit crimes or to engage in immoral acts are void.

Written formalities

The fifth condition, which is not required in all cases, is the compliance in certain circumstances to formalities provided by law such as, for instance, a valid written instrument.

Lawyer Ahead, Inc. has the best business lawyers you can find in Canada. To find a lawyer for your legal needs, post your case and have lawyers contact you with their expertise. Easy as step 1, 2, 3.


Al Khalifa Vs. Michael Jackson

Posted by Laura on November 25, 2008 at 7:58 pm

Al khalifa’s lawyers and Michael Jackson’s lawyers finally reached an out of court settlement over the law suit of 7 million issued by Mr. khalifa’s lawyers for Michael Jackson not living up the contractual agreement between the 2 parties. MJ was paid a handsome cash advance for promising Khalifa a record, an autobiography and a stage play. According to Al Khalifa’s testimony he had paid for MJ’s living and travelling expenses during his stay in Bahrain. He further testified he got MJ a Motivational Guru and built a studio in preparation for his record.

In defense of MJ, his lawyers called on the fact it was Al khalifa lavishing Jackson with his gifts based on “mistake, undue influence and misinterpretations”. They also urgued successfully that Michael Jackson was taken advantage of by Al Khalifa at a time of vulnerability and by engaging in-appropriate business tactics.

Where I stand I am pretty sure both of them took advantage of each other. Al khalifa is an aspiring song writer while Jackson was in deep need of financial bailout since his child molestation case in 2005.

If either one was serious about this venture, they would have gotten that in writing with lawyer representations from both parties.


Brain Injury, Personal Injury Lawyers

Posted by Laura on November 22, 2008 at 4:45 pm

Causes of brain injury can arise from a fall, a violent act and accidents. A simple fight in a bar to a horrific car accident are all known to cause physical trauma to the brain referred to as Traumatic Brain Injury. Traumatic Brain injuries are a major cause death around the world.

On a day to day we don’t think about how our brain works. Its a very complex organ with a network of billions of nerve cells that control our ability to learn, experience, think and direct movements and emotions. An accident causing direct impact to the brain can terribly upset the makings of these nerves and could cause major disabilities in the short term and long term. There are two types of brain injuries. First type of brain injury results immediately upon impact and another yet a secondary injury to brain develops over time as alterations in nerve cells, change in blood flow to the head are slow to impact the the brain but can cause significant disabilities down the road.

Recently we had a personal injury case posted on our website where our client ( a teacher) was looking for a personal injury lawyer to help her get settlement that caused brain injury as a result of an another car rear-end her car at a speed of 20 KM / hour. At the moment of the accident she did not notice the impact but just slightly disoriented. Over the next 2 days however, she started getting headaches, unable to eat normally nor sleep well. She posted her case on Lawyer Ahead Inc. and received responses from personal injury lawyers in Toronto that felt she could indeed get compensated for possible brain injury. The litigation is on going.

The point of the story here is that brain is indeed a complex organ. Even a rear end at 20 KM could cause damage to your brain in ways you cannot comprehend. If you have been in an accident of any sort but not sure if you should seek compensation, post your case at Lawyer Ahead and have lawyers in your area evaluate your case and contact you. Best part - this service is free of charge with us.


DUI lawyers, DUI law, and DUI cases in Canada

Posted by Laura on November 21, 2008 at 10:41 am

There are millions of vehicles on road at any instant in the world. It is very important that people who are at the driving wheel be responsible enough to understand that a minor mistake from their end could lead to devastating results. Many a times it happens that the person at the wheel is not sober enough to even stand properly, let alone drive a vehicle. He could be under the influence of drugs, alcohol or any other consciousness impairing substance. The laws concerning these types of offences wherein the person is driving under the influence of such substances are called Dui laws.

The Canadian Dui laws are very strict. If the alcohol content in the driver’s body is above 80 milligrams per 100mls of blood then even if the person’s motor skills are fine, he would still be indicted under DUI laws. There are several ways by which the authorities can test the drug level in the driver’s body. Some of them are complexion flushed face, dilated pupils, stench

of an alcoholic beverage, difficulty in walking or standing and slurred speech.

According to the Canada DUI laws if the offence is committed for the first time then the usual penalty is a fine, for second timers the minimum penalty is 14 days in jail, whereas for the third time it is 90 days in jail. The local province has a right to suspend the driving license of the offender.

If at all you face such charges then you take the assistance of a DUI lawyer who can help you throughout the legal procedure. The Dui lawyer would make sure that you get the minimum penalty and in some cases even help you walk away Scott free.

Lawyer Ahead Inc, helps clients find a lawyer for their legal needs. Post your case and have lawyers assist you with your legal needs.


Toronto Lawyers

Posted by Laura on November 19, 2008 at 8:53 am

Law is a term that refers to the set of regulations established by the sovereign government in order to maintain law and order, provide security to the citizens, and establish some kind of social order so that the people of the country can live in peace and harmony. Different countries have different sets of laws enshrined in their constitutions. The term lawyer means a person who is entitled as well as licensed to practice law. His main job is to protect the legal interests of the citizens and to fight for their legal rights.

In Toronto, Canada you have some of the finest lawyers who practice in almost all the domains concerning law. They can provide you with expert legal opinions related to any matter. Whether it is the case of an accident or an injury, Toronto lawyers can assist you in claiming damages from the person or the organization responsible for the injury. If the case is that of a divorce then the Toronto lawyer who is much experienced and efficient in the divorce laws would help you in getting divorce as amicably as possible. The Toronto lawyer would assist you throughout the proceedings and make sure that you get the best that you deserve.

The Toronto lawyers are among the best and the mot competent lawyers in the world. They understand their domain of work and with all their expertise and experience give their best to their clients. Lawyers in Toronto wholeheartedly empathize with their clients and try their level best to make sure that their client gets the best in terms of justice and their legal rights are well protected.


Sopranos Actor on Trial

Posted by Laura on November 18, 2008 at 8:28 am

It’s trial time for Lillo Brancato Jr.

Brancato, who acted in The Sopranos, as well as A Bronx Tale and several other films, is now on trial for the second-degree murder of an off-duty police officer in 2005.

While Brancato played a wannabe mobster on the Sopranos, HBO’s mafia crime drama, his real life troubles seem a bit more, well, mundane. Apparently he became addicted to prescription drugs, including valium, and was arrested for drug charges twice before the shooting death of Daniel Enchautegui, for which he’s been charged with second-degree murder.

Brancato started getting into trouble when he became friends with Steven Armento. Armento was from a Genovese crime family, where he was a low-level operator (I suppose is the word) before he got kicked out for his own drug addiction. Brancato and Armento met when our dear Sopranos actor was dating one of Armento’s twin daughters. The two were drinking at a strip club before they decided to go and break into a home and search for prescription drugs. (Yeah, I know. Who on earth befriends the guy dating your daughter because of your mutual drug habit. Well, I guess if Valium’s your drug of choice, you’re not really making the best decisions in general).

Brancato and Armento broke into a home near Daniel Enchautegui’s, searching the basement apartment for Valium and other drugs. Enchautegui confronted the two during the burglary, which is when Armento shot him, killing the off-duty police officer and earning himself a first-degree murder conviction, and now life in prison without parole.

While Armento got a first-degree murder conviction, and is the person who obviously did the actual shooting, Brancato’s on trial now for his involvement in the crime. His lawyer maintains that he was not involved in the burglary, and murdered no-one.

Brancato’s character on the Sopranos, Matt Bevilaqua, was killed in the second season of the show.

Well, hopefully we’ll see some truth come out of all these trials, and, if he’s really innocent of these chares, Brancato can get off the drugs and back into serious acting work. Where hopefully he won’t get killed off, again.

[Toronto Star]


Immigration Laws and Immigration Visas in Canada

Posted by Laura on November 17, 2008 at 11:49 am

An immigrant visa is a document issued by the Canadian Government that allows a person to travel to Canada and apply for admission as a legal permanent resident. Generally, people wanting to move permanently to Canada seek for an Immigrant Visa. The visa signifies permission to enter Canada for an indefinite period of time, and can be based on employment, family relationship, business investment, or other ties to Canada

Different ways to apply for an Immigrant Visa

Conventional Refugee (Political Asylum)

An applicant can request an application for political asylum in Canada, if that person has a well founded fear of persecution because of his/her religion, race, nationality, membership of a particular social group and political opinion. If the individual can provide proof of such reason for why they cannot go back to their home country or cannot get protection from their country, then they have a very likely chance of successfully attaining an Immigrant Visa.

Live-in-Caregiver (Nanny or Domestic help)

The purpose of this program was to meet the shortage of domestic help in Canada. Under this program the work permit can be obtained by following the below mentioned process:

· Obtaining job offer from the prospective employer in Canada

· Employer must make an application for approval of sponsorship in Canada

· On approval of sponsorship, the applicant must apply for employment authorization to the Canadian immigration office

· This application can be made by the applicant while in Canada or out of Canada

· The work permit is issued to the applicant for a period of two years. After the expiration of that time the individual can make an application for permanent immigration to Canada.

Spouse

An applicant can apply under this class if he/she gets married in Canada while on a temporary visa in Canada.

Humanitarian or on Compassionate Ground

An applicant can apply under this class on the basis that if visa is not issued, the applicant will suffer undue hardships.

Basic Programs that allow for individuals to immigrate to Canada as a Permanent Resident

Business Immigration Program

This program seeks to magnetize the experienced business people to Canada who are expected to invest, own or manage business in Canada and contribute to Canadian economy.

Canada has three classes of business immigrants:

Investors

Entrepreneurs

Self Employed

Family Sponsorship Program

Canadian citizen or a permanent resident of Canada can sponsor their spouse, common-law partner, conjugal partner, dependent child or other eligible relatives such as a parent or grandparent to become a permanent resident.

Federal Skilled Worker Program

Applicants under this program must have paid work experience which is managerial, professional, technical or a skilled trade according to the Canadian National Occupational Classification.

Provincial Nominee Program

To apply under the Provincial Nominee Program, applicants must be nominated by a Canadian province or territory.

Canada Green Card

Canada Green Card is a term that is used metaphorically to describe Permanent Residency in Canada. Instead of a Canada Green Card, the permanent residents of Canada have the right to a Canada Permanent Resident Card as a proof of their Canada immigration status. The Canada Permanent Resident status grants an individual the right to enter and live in Canada.

Best ways to find a lawyer, or lawyers, especially an immigration lawyer is to submit your case details on Lawyerahead.ca and have lawyers contact you with how they may be best able to help you with your unique legal needs.


Warrant Out for Mos Def

Posted by Laura on November 17, 2008 at 8:00 am

Mos Def, everyone’s favorite Muslim rapper and poet, is facing a warrant out for his arrest right now. Mos Def, who’s famous for his work in the late-1990’s underground hip-hop scene, is also a successful actor, acting in The Hitchhiker’s Guide to the Galazy, Be Kind Rewind, and several episodes of the Chappelle Show. He also hosts HBO’s “Def Poetry.”

Mos Def’s real name is Dante Terrell Smith. Apparently, at the Men’s Apparel and Garment Industry Convention in Las Vegas, Dear Mos Def attacked a photographer, who was at the conference taking photos for a trade magazine.

Volker Corell, a 60 year old from Los Angeles, was the photographer in question. He was photographing the trade show when he and Mos Def got into some sort of altercation, and Mos Def took his camera and broke it. Corell also cut his left hand in the fight. After the fight, security personnel got the camera for the photographer (repairs to the camera cost a bit over $170, later). The last four shots on the camera are apparently Mos Def, coming towards the photographer to begin the altercation.

What exactly caused this incident, (i.e. why on earth would the reasonably sane Mos Def attack a cameraman, and break his camera) is unclear, though hopefully Mos Def will turn himself in soon, so he can settle this and go back to being awesome.

Robbery, in Nevada, can lead to a sentence of either probation or two to fifteen years in jail, and the destruction of property bit can possibly add on another six months. The warrant for these charges (officially, Felony Robbery and Misdemeanor malicious destruction of property) comes some time after the altercation occured, in August.

Well, hopefully this can be resolved soon, and I can go back to my deep love of Def Poetry, and, really, let’s be honest, The Hitchhiker’s Guide to the Galaxy movie.

[AP]

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Gay Rights, Discrimination, Hate Crimes

Posted by Laura on November 13, 2008 at 8:44 am

Yesterday, a lesbian couple from Oshawa, Ontario, was attacked outside of a school, where children (including one of the women’s son) were playing. The man screamed anti-gay slurs as he punched at Jane Currie and her partner Anji Dimitriou.

Other adults present pulled the attacker off the two women, and held him until police came. The man had been screaming anti-gay comments and accusing the women of having talked to his son. What motivated his assault was unclear from the Star’s reporting.

Mark Scott, the 43 year old parent of another child at the school, has been charged with two counts of assault. The police are apparently looking into whether or not they will charge him with a hate crime. It’s unclear from the current reporting whether or not this was a hate-motivated attack, or if the man had some other complaint and lashed out in part with such anti-gay language. (Not that the difference truly matters, attacking someone and screaming heterosexist insults is a horrible thing to do, either way).

This is only a week after California voted “yes” on Proposition 8, banning gay marriage. What exactly is going to happen to all of those whom have already gotten married in California is unclear, it seems like this will have to work its’ way through the courts in order to find out if their marriages would, through the new law, be annulled. However, if that is the case, if the law would apply in such a way, it would be unconstitutional (as it applies to actions committed before the law came into effect).

In response, however, No-on-Prop-8 groups have protested at Mormon temples. The Church of Latter-Day Saints is alleged, by opponents, of funding a large portion of the Yes-on-8 campaign. While the Catholic and Evangelical churches that have also funded this movement have also faced protests, most of the No-on-8 wrath has been saved for Mormon temples. LDS Church leaders have said that the tenor of these protests is, in its’ own way, as intolerant and hateful as they are accused of being towards homosexuals. Whether or not these groups are facing discrimination, or if this is the reasonable outcome of involving the church in a political campaign, has yet to be decided legally. Though, honestly, the irony of a movement that preaches tolerance and openness taking such a firm dislike to an entire religion is not lost on your dear writer.

In any case, we’ll have to watch and see how all these issues play themselves out on our lovely North American continent.


Legal options you’ve got in case of a personal injury

Posted by Laura on November 12, 2008 at 9:28 am

The hectic life style that we as human beings are witnessing today has never been seen before. People across the world are so engrossed in their works and ambitions that they many a times neglect their personal safety and well being. With busy life styles and tight schedules they often find themselves prone to injuries that otherwise could have been well avoided. Many times these injuries are self afflicted. But majority of times they are a result of somebody else’s negligence. If such is the case then you can easily claim the damages caused by the aggressor with the help of legal provisions that are provided, particularly in the country of Canada.

In Canada there is a special law called tort. The word tort refers to the legal right given to the person who has suffered injuries, to claim damages from the government authorities, some private authority, or the person who is responsible for the injury. The victim in this case an easily approach the Canadian personal injury law court for justice.

If a person has suffered damages in person, or property, or reputation or rights then all this is included in the terminology of personal injuries law. A few kinds of personal injuries include auto accidents, wrongful death, brain injuries, as well as medical malpractice. In all such cases the victim can have the recourse to the legal machinery of the Canadian Government. If at all there has been a personal injury then the victim can easily approach a personal injury lawyer who would assist him in every step of the legal proceedings. You can browse through various personal injury cases on lawyerahead.ca, post your own personal injury case and have experienced personal injury lawyers call you with their advice. The personal injury lawyer in Canada would make sure that you get the best in terms of justice and compensation



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