Maritime Law On Aviation Accidents

Maritime Industry has a wide range of involvement and it was said to be to be the largest industry with rapid growing of demands to sustain the needs of the society from the different part of the world. Because of the risk from the maritime industry, the Admiralty Law or also known as the Maritime Law was passed in order to take response and action for the cases which involves the maritime workers in crisis and other maritime issues. There were several cases involving various kind of accident and personal injuries that occurred in an area where a maritime company was holding their projects. Being a responsible maritime employee you must see to it that you have fully understood the laws and legislations that protects you and your job. It would be best if you could seek advice from the expert, maritime lawyers were focus on this field, they handle cases involving Admiralty and Maritime Law, Maritime accidents on U.S. Waters, serious maritime injuries, maritime and Jones act concerns, insurance disputes and lawsuits, homeowner insurance disputes, commercial and business disputes, workers’ compensation claim denials and delays, hurricane insurance disputes, international personal injuries, claims against military contractors, and aviation accidents.
Let’s took our focus on aviation accident.

An aviation accident is defined in the Convention on International Civil Aviation Annex 13 as an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, in which a person is fatally or seriously injured, the aircraft sustains damage or structural failure or the aircraft is missing or is completely inaccessible.

Maritime Lawyers were focused on strong advocacy for people harmed by aviation accidents throughout the Houston area, along the Gulf Coast and internationally, they have experience in maritime law and Jones act claims, including those involving all types of workers in the oil and gas exploration industry, and also equipped to deal with the legal aftermath of a helicopter or plane crash. If you have been injured in a work-related or other aviation accident, hurt by turbulence in flight, or are grieving a loved one killed in a tragic crash, consider to contact a maritime lawyer from a trusted law firm that could assess you all through out. The lawyers handle cases against aviation operators as well as aircraft and equipment manufacturers arising from events including:

-Offshore helicopter accidents

-News helicopter accidents

-Medical helicopter accidents

-International plane crashes and other aviation-related accidents covered by the Montreal and Warsaw Convention treaties

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Landlord and Tenant Law – The Importance of A Written Tenancy Agreement

Does a Tenancy Have to Be in Writing? Under the Law of Property Act 1925 and the Law of Property (Miscellaneous Provision) Act 1989 any contract for the creation of an interest in land is invalid and unenforceable unless it is do so in writing. Interest in land would include mortgages, sales and transfers, charges or leases. The exception to this rule is that an oral lease may be created so long as it is;

* For the best rent reasonably obtainable (i.e. a market rent) * For a period of less than 3 years

This means that a tenancy can generally be created by verbal a agreement, although this isn’t advisable as verbal contracts would be difficult to prove and if the relationship between the landlord and the tenant breaks down, an expensive court proceeding may be have to take place in the absence of clear and unambiguous terms. This is why a written tenancy agreement is therefore in the best interests of both the landlord and the tenant.

Written Statement of Terms At the moment every residential tenancy is presumed to be an Assured Shorthold Tenancy unless there is an agreement that states otherwise. Tenancies of this type are subject to special rules.

When there is no written tenancy agreement, section 20A of the Housing Act 1988 provides that the tenant is entitled to be provided on demand with a written statement setting out the following terms of the tenancy:

* Term or length of the tenancy

* Date on which the tenancy commenced

* Dates on which rent is payable

* The rent due under the tenancy

The landlord is required by law to provide this statement within 28 days of receiving written notice from the tenant. Any failure to comply with the requirements of this act wil be classed as a criminal offence and if a landlord fails provide the requested statement within 28 days, they may be convicted and fined up to 2,500.

What Should I Put In The Tenancy Agreement? The information on dates and rent payments that landlords are obliged to provide the tenant under the Housing Act, a tenancy agreement will usually include provisions which relate to the following:

* Details of additional bills & service charges

* Inspections

* Procedure for ending the tenancy and resolving disputes

* Procedure for varying the rent

* Responsibility for maintenance

* Restrictions on the use of the property

In all tenancies, the tenant will have a number of basic rights which cannot be taken away or restricted, and any provision of the tenancy agreement which attempts to do so will become invalid. Where one provision or term of a contract such as a tenancy is found to be invalid, other provisions which refer or relate to that term may be unenforceable. Because of this, care should be taken when drafting a tenancy agreement and you may want to consult a professional.

If you own several properties which you rent out, it may be more cost-effective for you to ask a lawyer to draft you a standard-form tenancy agreement which you can customise for each individual property rather than consulting a solicitor for each individual tenancy.

If You Have Been Injured, Seek A Denver Auto Accident Attorney

Car accidents happen, unfortunately, on a regular basis around the country. People jump in their vehicles and head out to work, to pick up the kids and transport them to various after-school activities, or to run to the store, and in any of those instances when you are out driving you are also out on the road with other drivers, some of which can be reckless. If, through no fault of your own, your automobile, truck, motorcycle or person has been injured in an auto accident, you will want to contact a Denver Car accident attorney to see about recouping some of your losses.

I Can’t Afford A Lawyer

Although it can be costly to hire a lawyer to represent your personal injury claim in court, it need not be. If you select a Denver accident attorney who offers payment on a contingency fee basis, you will not need to pay any fees upfront, and none at all if the Denver car accident attorney does not win your case. If your Denver accident attorney does win, then the Denver auto accident attorney’s fees are paid as a percentage of the award, which is agreed upon prior to legal work commencing. So even if you have no money for a Denver accident attorney, you can still be able to have superior representation before other parties or in a court of law.

What Can A Denver Car Accident Attorney Do For Me?

A Denver auto accident attorney will often offer a free initial consultation to hear your claim, and then he or she will let you know how strong your case is. If the Denver auto accident attorney firm believes your case is strong, they will take it on. After this, your Denver car accident attorney will ask for any information you may have collected concerning the case. This can include police reports that might have been filed on the day of the accident, as well as medical information such as what injuries you have sustained, including whiplash injuries, and medical treatments that you have had performed as a result of your auto accident injuries. After this and other research into the case, your Denver accident attorney will prepare your claim.

Your Denver auto accident attorney will first meet with the other party and try to negotiate an out-of-court settlement. This can often be successful, and quicker than going through a court proceeding. If, however, this is not successful, then your Denver car accident attorney will represent you and present your claim in court before a judge. The judge will decide the case, and if your Denver auto accident attorney is successful, you will receive a monetary award for your injuries and loss of employment during the recovery period, among other awards that might be pertinent to your case. It is best to consult with a Denver accident attorney personally in order to determine the strength of your claim and to receive personalized legal advice.

Property Division, Real-Estate, & Washington Divorce Law

All property division pursuant to a divorce in Washington state starts from the simple premise that all assets accumulated during the marriage will be presumed to be “community property” and split 50/50. But in practice the 50/50 split often does not end up being the result because of such legally cognizable factors as: the earning power of the parties upon termination of the marriage is highly unequal, one party made the entire down-payment, the property came by inheritance, and quite a few others. Often time this arises in shorter marriages where the parties have acquired a piece of real-estate. So how does one answer this question?

The mortgage rule is a legal tool used to characterize property acquired, using both community and separate funds, over a period of time. Harry M. Cross, The Community Property Law in Washington, 61 WASH. L. REV. 13, 39-49 (rev. 1985). The mortgage rule examines whether both parties concerned were obligated to make payments in order to retain ownership of the disputed asset. If there was no such continuing obligation, then the character of the asset is retrospectively determined to be proportionate to the ratio of separate and/or community funds used to acquire the asset. Absent a continuing obligation, the character of the property is retrospectively determined to be proportionate to the ratio of separate and or community funds used to acquire the property It is precisely this mortgage indebtedness that itself constitutes a contribution to effect the final determination of what proportionate share either party should be entitled to. If the other spouse signs the promissory note they become liable to the bank and later third parties for repayment. Even if that party had low income and no assets to secure the loan it is still a contribution. If separate funds are used to make a contribution and are traceable a lien for the down-payment amount could be found but only to that extent of that separate contribution to the down payment. However, In Re Hurd changes this slightly in that the separate character of a cash down payment can be transformed into community property by titling the home in both parties names. (Thus we see some significance in whose name an item of property actually stands.)

This includes such assets as the appreciation of retirement plans that were purchased before the marriage. The value of such an asset must be analyzed to determine what portion grew or accumulated during the marriage and the value prior to the marriage.

Washington state divorce law purposefully vests a substantial degree of leeway to the Judges hearing your case (and I say Judges because the Commissioners only deal with pre-trial issues, modifications, and contempt; they can’t divide the equity in your home or business). Carefully planning from the start of your case is necessary to develop the evidence needed in property characterization. It also gives the attorney time to become familiar with what both parties real financial futures might look like upon final dissolution of the partnership. This is especially important where one is not dealing with a trivial amount of assets, or if you feel your spouse has a significantly higher earning potential.

Division of real estate under Washington state divorce law can also be made not in accordance with whose name is on the title to the property. Whose name the property is titled in, does not settle the matter conclusively but may be considered by the judge among other factors as possible indicia that the parties wished to make it separate.

Andrew Jones] Sandy Spring Personal Injury Attorney Lawyer

If you have ever been involved in an auto accident then you know how it can shake up even the steadiest of people. Accidents happen in a split second. Usually, there is little time to react. They just happen. Some are really bad and some are not so bad. Injuries is the most associated concern with auto accidents and in Georgia, calling an Atlanta Auto Accident Attorney, may be the first step in recovering from the accident. The important thing to do after being involved in an accident is to remain calm and follow several guidelines.

The first step is to call for help. Assess the situation. If there is no immediate danger, such as the smell of fuel, then don’t move anyone. Wait for help to arrive. Next, if you are able to move and don’t seem to have pain, then ask those in the car if they are alright, if you are not alone. Don’t move the car unless there is potential danger in where it is. Then, wait for the authorities. After you have done all you can do, and help arrives, it will be out of your hands.

You should always seek a medical check up after an accident if you feel badly at all. That goes for your passengers as well. You may feel fine right after an accident occurs which could be due to the adrenaline pumping. Later, you may notice some problems. Go as soon as possible to make sure you are not injured. An Atlanta Auto Accident Attorney would be happy to talk with you after your accident to educate you on what could happen if you don’t get checked out, or if you are hurt, but don’t pursue getting medical and legal help.

As a victim of an accident, you could face thousands of dollars of medical bills later down the road. You should always side with caution when being in a car accident, a single injury could mean the difference between a normal life and one in which you may not be able to continue to work. A Personal Injury Lawyer can help you make the right decisions that are best for your financial future where medical bills may become a part of your daily existence. An attorney can work with the auto insurance company to pursue financial help for you and your family if you are injured to the point you can no longer work.

The Immigration Asylum & Nationality Act 2006 – Summary Of Changes

The Immigration Asylum & Nationality Act 2006 is the fifth major piece of legislation in the field of asylum and immigration since 1993.

Commencement

The Immigration Asylum & Nationality Act 2006 received Royal Assent on the 30th March 2006 and by virtue of a second commencement order, the main provisions took effect on 31 August 2006 by virtue of the Immigration, Asylum and Nationality Act 2006 (Commencement No.2) Order 2006.

Appeals

The first sections of the Act are concerned with appeals and impose new restrictions on the right to appeal against Home Office asylum or immigration decisions. The most significant is section 4 which limits the right of appeal against refusal of entry clearance to cases in which the application for entry clearance was made either for the purpose of entering as a dependant or a visitor – in both cases limited by reference to regulations made by the Home Secretary. Significantly, there will no longer be a right of appeal against refusal of entry clearance as a student.

Section 1 inserts a new section 83A into the Immigration, Nationality and Asylum Act 2002 to introduce a new right of appeal for people who are no longer recognised as refugees but who are permitted to stay in the UK on some other basis. Section 2 amends section 82(2)(g) of the 2002 Act to provide a right of appeal against a decision to remove under section 10(1)(b) of the 1999 Act. This will give the person a separate right of appeal at each of the two decision stages; the first at the revocation stage and the second at the stage the decision to remove is taken. Section 3 amends section 84 of the 2002 Act. It provides that an appeal under the new section 83A may only be brought on the ground that removal would breach the United Kingdom’s obligations under the Refugee Convention. Section 4 substitutes one provision for Sections 88A, 90 and 91 of the 2002 Act which limits all appeals against refusal of entry clearance to limited grounds (human rights and race discrimination), with the exception of those listed in the categories. By section 6 a person may not appeal against refusal of leave to enter the United Kingdom unless: (1) on his arrival in the United Kingdom he had entry clearance and (2) the purpose of entry specified in the entry clearance is the same as that specified in his application for leave to enter. Section 89 of the 2002 Act restricts rights of appeal against refusal of permission to enter at the port of both visitors and students who do not hold an entry clearance. This restriction limits the grounds of appeal to human rights and race discrimination. If the appeal is exercised in the UK it is restricted to asylum. A right of appeal remains in all cases on both human rights and race discrimination grounds.

Section 7 provides powers to hear only human rights aspects of national security appeal cases in country with the national security aspects of the case.

Employment

Section 15 imposes civil (and not criminal) penalties in the form of fines on employers of persons over the age of 16 subject to immigration control in defined circumstances. A person is subject to immigration control if he requires leave to enter or remain in the United Kingdom under the provisions of the Immigration Act 1971. The defined circumstances are that:

Factors That A New Hampshire Child Custody Lawyer Follows

Different states treat child custody cases differently. The court has its own rules that they follow in making custody decisions. A New Hampshire child custody lawyer is the one that handles custody cases.

They make sure that every child deserves the best guardian that will guide him as he grows up. He has the right to a good family and a good parent. A New Hampshire child custody lawyer sees to it that the relationship between the parent and the child is mutual.

A parent should be able to provide the child with proper guidance, affection, schooling and love which is the most important of all. However, financial issues about child custody are the main factors that affect the case.

If a parent can give all the nurturing and emotional needs of the child, but is not financially equipped, he might not get the custody that he is fighting for because the other party would always claim that he cannot give the child a fine future and good health.

A parent who is financially poor may not be able to win a case that easily. If he is eager to win the child custody, he might as well look for a job first then after that, he can still claim for child custody. A New Hampshire child custody lawyer will treat this matter fairly and wisely.

A safe environment is what a child needs to cope up with all the things that have happened to his surroundings. A New Hampshire child custody lawyer observes the kind of environment that the child will live in because if it is not a proper place for a child’s growth, they might be forced to move if the parent wants to sustain the custody of his child.

The developmental needs of a child are important for a New Hampshire child custody lawyer. a New Hampshire child custody lawyer makes it to a point that a child will get to meet both of his parents be it at present or in the near future.

He has the right to know his parents so that he can try to see himself and if he is in the right age to decide, he can be able to choose properly according to his own willingness. A New Hampshire child custody lawyer will always suggest good education by enrolling the child in a good school which he can easily adjust with and make friends with.

This is important because the child’s future can be molded by education. A school should be able to bring out his talents and potentials and develop self confidence. If a parent cannot give his child proper education, a New Hampshire child custody lawyer will have to provide solutions and look for probable relief.

A New Hampshire child custody lawyer chooses a parent who has a positive attitude and a positive relationship with the child. A child will always feel comfortable with his mother if they have that closeness. The only problem is when the child possesses a good relationship to both parties and will find it very hard to choose.

In cases like this, a New Hampshire child custody lawyer handles the case. Whatever the result of the case is, a New Hampshire child custody lawyer is sure that it is the wisest decision and judgment.

Hemp And Legal Implications

Copyright 2006 Francesca Black

In 1619 Jamestown Colony, Virginia enacted laws ordering farmers to grow hemp. Similar laws were enacted in Massachusetts in 1631, Connecticut in 1632 and the Chesapeake Colonies in the mid-1700’s.

Even though the U.S. government encouraged American farmers to grow hemp for WWII and had even accepted it as payment of taxes in Colonial America, it is now prohibited to grow hemp in the United States.

Cannabis hemp was legal tender in most of the Americas from 1631 until the early 1800’s. you could even pay your taxes with cannabis hemp. In the mid-to-late 1800’s the 2nd & 3rd most commonly used medications were concentrated cannabis extracts and resins (a.k.a. hashish). At one time American companies Eli Lily, Squibb and Park Davis produced cannabis extract medicines but clearly that is no longer the case..

Today the THC levels in industrial hemp are so low that no one could ever get high from smoking it. Moreover, hemp contains a relatively high percentage of another cannabinoid, CBD, that actually blocks the marijuana high. Hemp, it turns out, is not only not marijuana; it could be called ‘antimarijuana.’ Although opponents of hemp production claim that hemp fields will be used to hide marijuana fields, this is unlikely because cross-pollination between hemp and marijuana plants would significantly reduce the potency of the marijuana plant.

On March 12, 1998, Canada legalized hemp production and set a limit of 0.3% THC content that may be present in the plants and requires that all seeds be certified for THC content.

In 1942 the US government strongly encouraged hemp cultivation to help with the war effort, going so far as to produce a film entitled “Hemp For Victory”. Hemp was grown commercially (with increasing government interference) in the United States until the 1950s. While congress expressly expected the continued production of industrial hemp, the Federal Bureau of Narcotics lumped industrial hemp with marijuana, as its successor the United States Drug Enforcement Administration (DEA), does to this day. Even though the US government encouraged American farmers to grow hemp for WWII and had even accepted it as payment of taxes in Colonial America, it is now prohibited to grow hemp in the United States. While industrial hemp and marijuana may look somewhat alike to the untrained eye, an easily trained eye can easily distinguish the difference.

The European Union subsidizes its farmers to grow industrial hemp. Hemp seed is not psychoactive and cannot be used as a drug. Hemp Seed does not contain THC. From 1842 through the 1880s, extremely strong marijuana (then known as cannabis extractums), hashish extracts, tinctures, and elixirs were routinely the second and third most-used medicines in America for humans (from birth through old age). These extracts were also used in veterinary medicine until the 1920s.

The illogical and unrealistic reasons for not growing hemp should be set aside now, as this crop will be a wonderful economic boon. In 1935 116 million pounds (58,000 tons) of hemp seed was used to make paints and varnishes yet it has been effectively prohibited in the United States since the 1950s.

Hemp was doomed by the Marijuana Tax Act of 1937, which placed an extremely high tax and made it effectively impossible to grow industrial hemp. While congress expressly expected the continued production of industrial hemp, the Federal Bureau of Narcotics lumped industrial hemp with marijuana, as its successor the United States Drug Enforcement Administration (DEA), does to this day. While industrial hemp and marijuana may look somewhat alike to the untrained eye, an easily trained eye can easily distinguish the difference.

No marijuana grower would hide marijuana plants in a hemp field. Marijuana is grown widely spaced to maximize flowers and leaves; hemp is grown tightly-spaced to maximize stalk and is usually harvested before it goes to seed. It is also the first place where law enforcement officials would look. No one would want to smoke industrial hemp. Industrial hemp has a THC content of between 0.05 and 1%. Marijuana has a THC content of 3% to 20%. To receive a standard psychoactive dose would require a person to power-smoke 10-12 hemp cigarettes over a very short period of time. The large volume, high temperature of vapor, gas and smoke would be difficult for a person to withstand, much less enjoy.

The US State Department must certify each year that a foreign nation is cooperating in the war on drugs. The European Union subsidizes its farmers to grow industrial hemp. Those nations are not on this list, because the US State Department distinguishes the difference between hemp and marijuana. Over 30 industrialized democracies do distinguish hemp from marijuana. International treaties regarding marijuana make an exception for hemp, and trade alliances such as NAFTA allow for the importation of hemp. In fact NAFTA allow for the importation of hemp. All members of the Group of Seven Industrialized Nations permit hemp cultivation except one-the United States.

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