Legal Bugle

Many students are not prepared for the difficulties they’ll face when they leave their home and family behind and head off to college. For one thing, most have never had to be responsible for themselves, including eating and setting a schedule. But even beyond that, the rigors of high school coursework are nothing compared to the mounds of homework and studying that college students face, not to mention the bar for quality of work set by teachers. And then there are financial concerns to contend with, as well as the constant distractions of extracurricular activities and social gatherings. It’s enough to throw even the most studious and reliable of kids off track. And you can multiply it all by a significant margin when it comes to law school, which is notoriously difficult. So it’s no surprise that plenty of students simply don’t make the cut, dropping out before they earn a degree. Here are just a few of the most common reasons that students fail to complete law school.

1. Lack of funding. Earning a college degree is an expensive undertaking, but law school can be particularly pricy, depending on where you go (and the fact that you have to earn at least a master’s degree). So for many students the biggest issue is figuring out how to pay for college. And if you can’t get adequate scholarships, your student loans simply aren’t enough, your parents can only contribute a small amount, or you have trouble finding gainful employment, you might have to take some time off to save money before you can return to complete your degree.
2. Homesickness. You wouldn’t be the first student to leave school and head home simply because you’re missing your family, your friends, and familiar surroundings. Being away from everything you know and everyone you love for the first time in your life can be hard, especially when you factor in all the stresses inherent to college life. So it’s not really that surprising that some students drop out to seek schooling opportunities closer to home.
3. Bad grades. There are all kinds of distractions that can take you away from your studies, like socializing, partying, and so on. But you also might find that the classes you’re taking are tougher than you could have imagined – nobody said law school was easy. And if you’re unable to live up to GPA requirements you might not be able to stay in college.
4. Job offers. It’s not that uncommon for students to receive job offers during their time in school that are simply too good to pass up. Suppose, for example, that you’re an athlete working towards a law degree. If you get drafted for a pro team, chances are good you’ll drop out in order to take the gig, knowing that you can always come back to school later on.
5. Changing interests. In some cases, it’s not the difficulty of the program or the lack of money that causes students to drop out of law school; it may just be that their interests have changed. Tons of students enter academic degree programs only to realize, after a few classes, that they want to do something completely different with their lives. Whether they merely move to health law programs or they go far afield and opt for fashion design or eco-engineering, it’s not at all strange for college students to change their major midstream.

At a first glance, work related issues are all those problems that arise due to interaction between employees and employer. But sometimes these issues can also be related to the other things that are not directly interactive but yet impose impact on the working atmosphere. But what are actually “work related issues”? If you are a person looking out for job vacancies in Delhi, then you can frequently come across the various work related issues.  So, to know more in depth let us see about some of these work related issues.

Gender issues
In India, men and women are still discriminated in the work arena. Just imagine for the same job women get paid lesser than men! In the work place still the idea of women is associated with a cosmetic element and a man as a workaholic. This is what gender issue is, and sexual harassment is the most serious part of it.  Gender equality is a major issue and even though many companies have highlighted the importance of gender equality, many still remain in the list that does not enforce the idea.

Legislative measures have been taken up, and the Indian government is trying to enhance the position of women in India. Some of the laws that have been passed are Equal Remuneration Act, 1976, Industrial Employment Act of 1946.

Working conditions
Work environment must be such that it brings out the best potentials in a human being and act as a booster to them. Additional work hours, rest hours, holidays and vacations, proper uniform and advanced equipment all count for a proper working environment. It is even seen that if activities are organized in between colleagues they tend to interact more and hence improve their communication personal skills. But very often it is not true, and in India there are many places where the workers are exploited, and they do not get their rightful working environment.

Work Culture
Work culture is an aspect that is determined by the employer and employees. It is the behavioral pattern of individuals’ pertaining to work and most often it is within the rules and regulations. The work culture may be assessed in four sections in the organization.

• The way the objectives are being attained in the organization.
• The technological involvement in the company with the work forms, structure and financial position.
• Groups of individuals, their values and roles.
• Work place behavior.

When we refer to the term- adapting to the work culture we actually mean getting cozy with the people around them, following the modes of communication, following the dress code and also being able to understand the boss.

Safety at work place
Having proper safety measures is essential to ensure the well-being of the employees. In India,  we cannot still say that employees ensure the statutory warnings pertaining to safety. Very often we come across the incidents where the building collapsed killing many workers. Safety measures like fire escapes, as well as fire drills, are seldom heard of in factories and offices, in India.

Health issues
It has been seen that workers in India are afflicted with diseases picked up at work place. Each year about one third of the afflicted population of workers die, and the other two thirds are seriously disabled. The problem is graver in third world countries where poverty ridden people are unaware of their rights.

Work related issues can hamper the progress of a concern and of a nation and the sooner they are solved the better it is.

It would be nice to believe that all health care providers are altruistic and that they have the very best interests of their patients at heart with every decision they make, but they’re only human, and fallible like the rest of us. And while most doctors, nurses, dentists, psychologists, specialists, and other health care professionals strive to offer the best care to patients, the truth is that there are all kinds of things that could prevent them from reaching this goal, including too many patients and too little time, institutional regulations, or the need to keep a business up and running, just for example. And of course, there are all kinds of legal issues inherent in any profession whereby practitioners are taking the health and well-being of patients into their own hands. So whether you’re thinking of studying to become a member of this growing community of professionals or you’ve been practicing for years, problem-free, here are a few issues that you could face as a health care provider.

There are a few different types of legal issues that health care professionals may face: criminal, civil, and contract, mainly. Criminal offenses, as you may have guessed, are those that violate federal, state, or municipal laws, and they may include situations such as abuse, harassment, fraud, murder, and so on. In these cases the offending party will be charged by the state and could face fines, loss of license, jail time, or even death depending on the type and severity of the crime. More common are lawsuits resulting from civil infractions, by which an individual citizen sues directly for injury. Such cases may or may not coincide with criminal charges, but regardless, the injured party is suing for damages (i.e. monetary compensation). This type of case could result from malpractice, fraud, invasion of privacy, assault and battery, or pretty much anything that causes a patient to feel as though they have been wronged, mistreated, or injured in some way, whether criminal charges are present or not.

Negligence is another potential issue, especially in situations where health care providers are overworked and understaffed (such as emergency room settings, for example). This common charge could lead to both criminal and civil charges, and it occurs when health care professionals fail to follow standards and practices to the point that a patient suffers harm as a result. In cases where negligence is at play, civil charges may be brought by the injured party at any time, but only when the action (or inaction) of a health care provider results in malpractice can criminal charges be filed, as well.

Finally, there are contractual issues to consider, and they revolve around any written agreement entered into by two parties (generally the health care provider and the patient). All health care professionals, from physicians to surgeons to pain management doctors, have a standard form for patients to sign, generally to indemnify the practice against frivolous lawsuits and ensure that patients understand the care they will receive, as well as potential issues that may arise from care. But this may not prevent lawsuits. It does, however, help to protect the practice or practitioner in many cases. Legal issues are common to every industry, but so long as you are aware of them you can take steps to protect yourself. And this is especially important when you are responsible for the health and wellness of patients.

Celebrities all too often find themselves embroiled in very public legal battles. It pretty much comes with the territory. These are highly visible, usually wealthy individuals, whose every move is covered by the press. People attempt to take advantage of them for money, fame or to make a point. It’s a terrible situation, and some stars handle it better than others. But things can get truly ugly when the people involved are family members. This is the situation facing one of the biggest names in sports. Kobe Bryant, the multiple championship-winning player for the NBA’s Los Angeles Lakers is battling his own mother in court, because she is trying to auction off memorabilia collected during his professional playing days, and from back when he was a budding high school basketball star.

Kobe’s mother, Pamela Bryant, went ahead with a sale of all of this memorabilia in conjunction with Goldin Auctions, based in New Jersey. She was delivered just under $500,000 as an advance on jerseys, awards and more from Kobe’s days as the superstar of Ardmore, Pennsylvania’s Lower Merion High. There are also a number of incredible pieces from Kobe’s hugely successful earlier seasons with the Lakers. For many years, Kobe Bryant was the biggest star in the National Basketball Association, and anything involved with him is worth a pretty penny. Ms. Bryant has stated she was going to use this large advance to buy a house for herself in Nevada.

The haul of collectibles and pending auction was announced by Goldin Auctions this week. They’re referring to the catalogue as “The Bryant Collection”, and they have a high expectation for the return when they auction the goods off in June. The problem is, none of this was cleared with Kobe himself. Once the announcement went live, Kobe’s lawyers immediately sent a letter detailing their actions, and a cease-and-desist against all marketing by the auction house. Goldin responded by filing suit in New Jersey’s U.S. District Court, requesting permission to keep the auction going as scheduled.

According to Goldin’s attorneys, Kobe talked about all of the items in question several years ago, and supposedly Kobe declared that he was fine with an auction at that time. Pamela is alleging Kobe had zero interest in these collectibles. And since she has been spending upwards of $1,500 each and every month to store the memorabilia, she feels entirely within her rights to do with it as she pleases.

All told, there are more than 900 pieces in this collection, with an estimated value of around $1.5 million. Some of the most impressive pieces in question include rings from two of the Lakers’ championship seasons that Kobe had given to his parents back in 2000, a basketball signed by that same championship team, his championship ring from his 1996 high school team, Lower Merion High School jerseys sporting the numbers 33 and 24, a couple of sweat suits he wore back in school and several trophies from his varsity playing days.

The Bryant’s have a long history in Pennsylvania. Kobe’s Father, Joe “Jellybean” Bryant played for the Philadelphia 76ers, and Kobe grew up in that area. Because of those deep roots, Kobe doesn’t want to give up these items. According to Mark Campbell, his attorney, these items are part of Kobe’s personal property, and the auction is actually illegal. These sorts of cases often come up, and there was an Orlando law group that became known for its involvement in such things. While Kobe hopes to handle the situation through the proper legal channels, it’s clear his family relationships will never be the same.

If you’ve been injured in a slip and fall accident, you’re going to have to be able to prove fault in order to get the compensation you deserve. Thousands of people are injured in these kinds of incidents every year, and injuries can range from relatively minor to serious and debilitating. In some cases, the owner of the property on which the accident occurred is required to assume responsibility for the accident. This is where knowing how to prove fault becomes your concern.

Accidents happen, and some of the obstacles and hazards that cause slip and fall accidents are simply unavoidable. Additionally, every individual assumes a personal responsibility to watch where he or she is going and take measures to avoid accidents. A slip and fall injury that was caused by the injured party’s own fault in neglecting safety cannot be rightly judged as the property owner’s sole responsibility. Of course, property owners have an equal responsibility to take necessary safety measures on their property. Fault in an injury case like this is determined on two levels; has the property owner taken measures to reduce the likelihood of an accident, and have you been responsible or careless in your own actions leading up to the accident?

In general, an accident must meet certain criteria in order for you to be able to prove fault. If the hazard that caused your accident was caused by the property owner or an employee, then the property owner will be held in responsibility. If the property owner or an employee had prior knowledge of the hazard and did nothing to fix it, again the property owner is considered responsible.

The third possibility for proving fault of the property owner is that the owner should have known about the hazard, and that it would have been fixed by a reasonable person. Naturally, this is shaky ground on which to prove fault. How can you determine what a “reasonable” person would have done in this situation? This is defined by the property owner’s attention to safety concerns on the property. The owner may have to furnish proof of a regular maintenance schedule, or evidence that warnings had been provided to people on the premises.

Property owners who are judged to have acted unreasonably with regards to safety are most often judged at fault in slip and fall injury cases. However, you must also be conscious of your own carelessness and how you may have been able to prevent the accident. If you did not have a legitimate reason to be in the area in which the accident occurred, or if you were trespassing, proving fault will be much more difficult. If you had been acting carelessly or ignoring posted warnings, again, the fault of the property owner will be reduced.

Proving fault often requires legal assistance. Your local Ocala attorney specializing in personal injury cases will be able to help you prove fault in your case. Remember these guidelines, consider the property owner’s level of precaution, and judge your own level of carelessness as well. Balancing these varied factors will determine who is at fault, helping you make your case and get the compensation you deserve.

Law students everywhere start pulling out their hair as finals week approaches. They load up on caffeine, blaze through all-night study sessions, cram like they’ve never crammed before and still wind up pulling in less than stellar grades. Final exams shouldn’t be so difficult, and they don’t have to be. Remember these important tips for acing your final exams in law school without driving yourself mad.

1. Plan On Getting Plenty of Sleep
   Too many students think they can go without sleep and still perform well on their exams. Sleep is an essential part of final exam preparation and should not be neglected at any cost. You’re better off studying for an hour and getting a good night’s rest than staying up all night to pore over your notes and texts. Plan the weeks leading up to finals so that you can get your studying in without losing any sleep.
2. Schedule a Group Study Session
   If two heads are better than one, then five heads are much better than two. Group study sessions are one of the best ways to prepare for your final exams in law school. When you’re not clear on a certain concept, one of your fellow students will be able to guide you through it. Likewise, you’ll be able to help your classmates with their troubles, thereby increasing your knowledge of the subject. Studying in a group is more productive and more multifaceted than studying on your own, and should be part of every student’s final exam preparation routine.
3. Start Preparing as Early as Possible
   It is never too early to start thinking about your final exams, but it will soon be too late. If you wait until finals week to start brushing up on a whole semester’s worth of law study, you’re setting yourself up for failure. Start preparing for your law finals as early as possible. Know your exam dates and times in advance, and structure your week around them. Make time to complete home assignments and papers so that you won’t have to scramble before due dates and lose study time. Planning is the key to success, so start planning now.
4. Visit Professors During Office Hours
   Did you know that your professors do more than just lecture students in spacious halls and administer tests twice every semester? In fact, your professors are on campus every day, ready and willing to help you with your academic questions. Check every syllabus for office hours and visit your professors when they’re free. Talk to them face to face in order to solidify the concepts of each course in your mind. Just don’t wait until the last minute, or you might not be able to get into the office.
5. Make Time for Healthy Exercise
   It doesn’t matter if you pursue a master in strategic management degree or a criminal defense program; you need to get away from your books once in a while. One of the most important skills in studying law, or any other subject, is knowing when to stop. Your brain needs a break from time to time, and exercising your body can help to revitalize it. You’ll be better prepared for your exams if you exercise regularly, and you’ll be healthier and happier as well.

Something that all aspiring recording artists dream of is the day when a recording contract is offered to them by a record label. Not only does it signify that someone wants to invest in their talent, but it also means that recording music, releasing projects and going on tours is in their near future.

However, just because an initial contract is offered, that doesn’t automatically mean that there isn’t room for negotiation. So, if you’re curious about some of the terms that you should discuss with a record label before signing on the dotted line, we’ve enclosed five tips that will prepare you to enter into a situation with no regrets.

Know your publishing rights. There are a lot of famous people who had a lot of music that played on the radio, but they don’t really have much money to show for it. That’s because they didn’t have a fair publishing deal. Although there are some labels that will try and get all of the rights to your songs, the best thing to do is settle for no less than a co-publishing situation. This will allow you to earn money as both a publisher and songwriter.

Be clear about your masters. When you enter into a contract with a label, traditionally they will maintain ownership of the masters of your music. However, it is imperative that you make sure to have it stated clearly in your contract that once it expires, the rights to the masters will return back to you.

Discuss the kinds of royalties you’ll earn. Once you’re clear about the kind of publishing you’ll have, it’s then time to discuss the kinds of royalties that you’ll be eligible for. Customarily, a new artist should be able to get between 6-10 cents for each sale that is made. As it relates to international sales, they should be able to get 75 percent of the domestic rate.

Make sure there is a production budget. If you got your start in music by being a DJ at various events, you might have used a website like www.djcontract.com to make sure that you got paid the amount of money that was initially agreed upon between you and the event planner. Well, when you make a decision to record an album with a label, you need to make sure that you discuss the kind of production budget that you’ll have. That way, you won’t find yourself going into debt trying to make records before the album is even released.

Ask about the kind of money will be put into promoting you. Due to the fact that a new artist usually has a one-year or one record deal to start with, most labels will put a significant amount of time, effort and resources into making sure that the artist gets enough promotion to make an impact into the music world. However, a major label oftentimes has more money than an independent one. That’s why it’s always important to make sure to ask what kind of money the label plans to invest into your marketing and promotion beforehand. Based on what they offer, it will give you even more insight into how much they believe you have to offer—both at their label and within the music industry as a whole.

Deciding to become a lawyer is a like opening up Pandora’s box. You can go to law school to take all your qualifications to pass the bar and practice law in your state, but you also have to decide what type of law you would like to practice. There are literally so many types of law that is can be incredibly daunting and intimidating to choose the one that is right for you. Moreover, the specializations in law range from almost every single industry and facet of life. While some lucky people might know what type of law they would like to practice, for others is can take an exceedingly long time. Here are 5 popular specializations for law school students.

1. Employment law is one of the most popular specializations in law, because, well, there are so many types of jobs out there and so many employees and employers that might need help wading through a sticky and complicated legal system. You will either be working for the employees to get their fare share as a result of a wage dispute or an injury at work, or you will be working with the employer to defend against the accusations of an employer who was just doing their best to provide a safe work environment and offer the best salary.
2. Bankruptcy law is another popular specialization, especially in today’s times. As a bankruptcy lawyer you will be working with plaintiffs who are in dire financial straits and must file for bankruptcy to protect themselves from their mounting loans. However, you might also be working for a lender to negotiate a deal with the person who is going through bankruptcy. No matter which side you are on, this can be a specialization that will put yourself in the cross hairs of potentially heated disputes.
3. Insurance law is one of the most highest paying types of law specializations, because you might be working with plaintiffs who are asking for large settlements as a result of anything from car accident injuries or slips and falls at the super market. As an insurance lawyer you will most likely get to take a big cut of the winnings. If you are interested in this law specification you can take your online gmat at veritasprep.com to get into the best law school.
4. Another popular law specialization is healthcare law. You will be working from clients ranging from the private, public and corporate sector. Whether you are defending a hospital from a malpractice class action lawsuit or the patients who are looking for their fare share from a hospital they feel has wronged them, a healthcare lawyer can really stand a chance to do some good for the community.
5. Lastly, one of the most popular law specializations is criminal law. Whether you want to become a public defender or a prosecutor working for the state, your day to day life will consist of high drama court cases ranging from minor misdemeanors to capital crimes. Be prepared, though, not a lot of people have the stomach for criminal law.

As per Washington State Legislature, a new law-ESB 5104 has been passed. This law allows schools to keep epinephrine injections in their first aid/health stocks. The idea is to cater to allergy based attacks where the school would be better equipped for a lifesaving injection.

The Need

The need for this law comes from a rising number of cases of allergies. It has been reported that allergy based reactions are the highest in any decade. This makes children in schools at potent risk where they may have a serious allergic reaction through food or an insect sting.

The status quo legislation was that the school could provide epinephrine injection if the student had proper diagnosis of the allergy and has prescribed epinephrine injector. Owing to this inconsistent legislation, there have been reports of deaths due to allergies. In many cases, this was due to the lack of immediate presence of epinephrine. It was also problematic that some students had a first allergy reaction, where the lack of the life-saving injection made the situation worse.

The Senate Bill 5104

The legislation was drafted in January this year and was modeled after similar ones in Virginia and Illinois. The bill was introduced to the floor as Senate Bill 5104. The public hearing involved input from professionals like nurses, experts who give mesothelioma legal advice and school doctors.

The bill was passed on 23^rd April, 2013. As per the provision of the law, it is possible to allow health professionals for prescribing epinephrine injections to schools, and the schools themselves can also keep a stock of these injectors.

An injection would be administered to the student with known case of allergy from the stock kept in the school. Furthermore, in the case where it’s a first time scenario, only the school nurse can give the epinephrine.

Another important provision of the legislation is that it’s not only applicable to the school premises, but also if the students go on a field trip. It also allows the school nurse to take the epinephrine stock along when going on a field trip.

Other aspects

In order to cater to the cost effect, the government plans to use discounted programs like Myaln and Sanofi Aventis to make epinephrine available at lower cost. Epinephrine is known by its common name adrenaline. It is generally offered as a first line treatment to severe allergic reactions known as anaphylaxis. The injection is muscular and not entirely dose specific, which it has few chances of an adverse reaction.

In case of adverse reaction happening, the law would protect the school and its nurses. It would not be considered in the criminal offense charge. While this law is applicable to public and private schools in Washington state, it is possible for individual schools to opt out.

School nurses whose job description doesn’t include administering injections like epinephrine can also opt out. For those students who already carry an emergency injector with them, the law adds nothing new, but it serves as a better safety measure if the student’s injector fails to work or expires.

The new law serves as a decent measure to keep in check the health of the students. This is relevant with the stats that the number of allergic reactions is on the rise.

You know how serious drinking and driving is, and if you haven’t gotten into that car yet, then stop! Call a cab and go home safely. But if you’ve already gotten yourself into a jam and you are pulled over, then there is no use lamenting. At this point, you have to make the best of an already bad situation. By following the suggestions offered by most DUI lawyers, you will make the police officer angry, however, you will also minimize the consequences of the charge in court. Just be polite in every ‘legal right’ you maintain for yourself.

What to Do?
First, you need to keep calm and be nice! You won’t make anything better by getting angry or violent. Understand that a police officer is trained to look for a drunk driver, so he will always presume that you are driving under the influence, unless you aren’t. And if you have been drinking, there is no sense in pretending you haven’t.

Make sure you hand all of your driving information over when asked for it. Keep your registration and insurance information together and easily accessible. Hand over your driver’s license when asked. Refrain from getting out of the car, and keep your hands visible at all times throughout the process.

Use the Rules to Your Advantage
Don’t talk unless you absolutely need to. The officer is looking for a reason to arrest you, and any reason will do. Keep in mind that anything you say will be used against you if possible, and there is no way you are going to be able to talk your way out of being charged.

When the officer asks you, “Do you know why I stopped you?” Just answer “no.” Even if you do know, don’t explain anything. The officer is trained to ask this question so you will admit to any event that offers him a probable cause in court. If you don’t admit to wrongdoing, an attorney might get the stop thrown out at the hearing. An officer’s inability to defend his probable cause for the stop is often enough to throw the case out. Even if the officer asks, “where are you going?” or “why are you out so late?” refuse to answer in a nice way. Simply say something like “I don’t want to say,” or just remain silent. You don’t have to answer these questions.

The Drinking Questions
When the officer asks “how much have you had to drink?” or “have you been drinking?” continue with the same answer: “I don’t wish to answer.” Admitting to drinking can hurt your case. But if you lie, then you hurt your case as well. By stating that you wish to exercise your right to remain silent, you protect yourself better. Even if you have obviously been drinking, don’t help the police make a case against you by either admitting to it or denying it.

Getting Out of The Car
At some point during the conversation, you’ll be asked to get out of the car. Comply with the request, but as you get out shut and lock the car. The police officer may get angry and ask whether you have something to hide. Again you should remain silent or restate your wish to remain silent. At this point the officer may request to look in your car. Refuse to allow him to do so.

The Search
The officer may threaten to have your car impounded. But if you have been drinking, you will go to jail overnight anyway and the car will be impounded. The purpose in taking this stance is to reduce your DUI charges, so an impound fee is going to be cheaper than the DUI fines and court costs.

If the officer insists on your opening the vehicle, ask him whether he is asking or telling you. If he is telling you, have him show you a warrant.

Field Sobriety Tests
You aren’t required by law to take field sobriety tests, so refuse to do them. Simply state that you don’t want to do any field tests. You also have the right to refuse the portable breathalyzer test and you should state that you are unwilling to take the test as well.

Follow Along
At this point you’ll be arrested and taken to the police station or hospital for a blood test. Consent to this, but ask for a second sample to be drawn so you can arrange for independent testing. Don’t refuse the blood test as you will be charged and lose your license. If the blood sample shows under .08 you’ll usually be released, otherwise you will be charged with a DUI.

In the End
Following these steps will anger the officer, and may even cause him or her to threaten you. Just remember, it’s better to spend one night in jail than it is to spend several months in jail and have your license taken from you. By following these rules, an attorney can reduce your fines and your sentence, if there is one.

Jeremy is currently studying for a legal studies degree. His articles appear on a number of law related websites and blogs. See LawyerLocator to find a lawyer near you.