Blog Legally

Medical malpractice is a reality that patients should be wary of and medical practitioners should avoid by all means. Medical malpractice is an act committed by a physician, nurse, health care provider, dentists, therapists, surgeon or any medical practitioner that is against accepted health care standards. Such practice can result to injury or further complications. Such professional negligence is being criticized and laws are created to specifically avoid malpractice in the medicine profession.

In case of medical malpractice, the plaintiff or the patient, can sue a medical practitioner if he thinks that he did not fulfill his responsibility fairly well and cause further negative effects on one’s health. If in case the patient has died, his relatives can continue the fight against medical malpractice.

To successfully win in court, a defendant should be able establish that professional negligence was in fact present. This can be shown by showing evidences of a contractual duty and that that duty was breached. Plaintiff should also show that such breach of duty caused injuries and imposed negative effects on a patient. Finally, damages should also be proven, such as emotional distress and physical injuries. If found guilty of medical practice, a physician or a medical practitioner can have his license suspended and pay for applicable fines.

A living will is also referred to as advanced medical directive. It usually includes a power of attorney or in some cases, a health care proxy. A living will is a legal document that one can use in court. It should be properly notarized and signed with witnesses to be deemed as admissible. It is basically a document that states a person’s will to decide on whether or not he is willingly to continue with an artificial life support as means of life sustenance. This also allows a person to appoint someone, a caregiver or a health care provider, to make decisions in his behalf if he is unable to do so because of his medical conditions. Medical decisions that would be made by a caregiver or a health provider are dependent on a person’s prior decisions.

A living will basically guarantees that your decision would be implemented in any medical transactions that would be made after you are deemed medically incompetent. Such instances happen if one’s in a comma or experience a life threatening disease that cuts one’s ability to respond. The ultimate question of a living will is whether or not you are willing to be supported via artificial means.

The creation of labor law is an employee’s answer to his work issues and unfair treatment at work. Labor law should be strictly implemented, whether in small or big businesses. Anyone who violates such laws is faced with applicable charges and sanctions. They may also have to pay serious fine charges if proven guilty of violating and of the articles of labor law.

There are a lot of things that labor law encompasses. It protects an individual’s human rights and rights as an employee in the place of work. The existence of a contract of employment is under the implementation of labor law. A worker and his employer should sign an agreement that states his job description, salary and terms of wages, notice in the event of dismissal, and holiday rights, among others. The labor law of a certain state also states the minimum wage allowable, working time, health and safety standards, and grounds for unfair dismissal. The labor law abhors discrimination and created a law against sexist and racial discrimination.

Child labor, which is a growing issue in most poor countries, is also against the labor law. Child labor pertains to the employment of under aged children. Such practice is considered an exploitation of children’s rights. Labor law is also concerned with trade unions. Collective labor law refers to the working relationship of the union, its employers and workers.

Intellectual property is given to an individual (usually a writer, artist, or an inventor) that created an original work like music, literary piece, work of art or any original creation of the mind. Intellectual property can also refer to an invention, a symbol, images or group of images, and designs that are use in business or commerce. It can also refer to materials that are copyrighted, trademarked, patented and has related rights. Other primary rights under the intellectual property law include industrial design rights, utility models, geographical indication, trade secret, trade name and domain name. Intellectual properties are subject for usage under the intellectual property law. An author or creators have exclusive rights to his original work under such law.

The modern use of intellectual property dates back in 1967 when the World Intellectual Property Organization was established. The very purpose of this concept is to give an author intellectual property rights to be able to provide him with the appropriate incentive and benefits for the original work he created. Such law prohibits any individual for claiming ownership, using and reselling an intellectual property with proper authorization from its author. This law also promotes other people to create original works for the development of the society and the economy.

A lot of people settle from country to country for a number of reasons, this is what we refer to as immigration. Immigration pertains to the movement of people from one country to another for long term or permanent residence. Immigrants refer to people who are not originally from a particular country but gain residence because of the process of immigration.

The increasing number of immigrants, year in and year out, compels governments of different countries to create and implement immigration laws. Anyone who violates such law is referred to as illegal immigrants and is faced with charges and deportation. Illegal immigrants are foreign people who crossed borders without proper documentation or those who illegally moved in to another country. This is also a term referred to people who may have legally entered a country but are charged with overstaying and use of an expired visa.

There are many factors to consider why people migrate. Poverty and unavailability of jobs are the most popular reasons why people go to other countries. For them, moving to another country is their way of looking for greener pasture. Overpopulation of a certain country is also another issue. Students can also migrate to other countries with higher education standards. Retirement migration is also getting popular where in a retired person moves to another country of his choice to spend his retirement years.

Identity theft is something that is present not only in the real world but in the cyber world as well. Identity theft is a form of a fraud. The thief would use someone else’s identity and other personal information as a false pretense and use it to steal money or to benefit from a certain transaction while pretending to be somebody else. The real problem in this situation is when the victims get into trouble and may even be sued in court for actions that they did not commit. In most countries, identity theft is a serious crime that involves applicable sanctions and punishments.

Identity theft is categorized in a number of categories. These include financial identity theft, criminal identity theft, identity cloning and business or commercial identity theft. Such fraud can be used in a lot of crimes and illegal transactions. Perpetuators can use identity theft in illegal immigration, espionage and terrorism. A criminal can use somebody else’s identity to do transactions that he is likely unable to do with his criminal records. One can also use somebody else’s financial information to transact unauthorized credit card purchase and even use them in forging insurance companies.

To avoid identity theft, make sure that you don’t give out your personal information just as easily. Always make sure that you have a secure network security and online security whenever you use your computer at home or in your office.

A worker or an employee has rights that need to be defended and fought for. The creation of employment law allows workers to exercise their rights, get fair compensation and benefits and to prevent abuse. Employers should strictly follow employment laws. If an employer is found guilty of violating any of the employment laws, the company would have to face with civil charges, pay for fines as ordered by the court and face sanctions accordingly. It can even be a cause of a company’s closure.

Implementing the employment law is the core objective of union labors. Trade unions are usually created by a group of employees whose goal is to protect their rights and demand benefits and just compensation for their honest work. These labor unions also fight for their safety and protection during their field work.

The Industrial Revolution during the 19th and 20th century gave rise to employment laws. Such law has great impacts on the economic and social development of a country. Employment law is divided into two categories, namely, the collective employment law and collective employment law. Individual labor law consists of a single worker’s right and collective employment law pertains to the relationship of the three parties that comprises a company- the employer, the workers and the union.

With the domination of the WorldWideWeb comes a lot of threats connected to the malicious use of Internet technology. To protect the increasing number of people whose rights are being violated on the Internet, cyber law has been created. Cyber law protects Internet users from the misuse of communication technology and apprehending law offenders of the cyberspace. Unknown to a lot of people, there may be several rights violated related to Internet use such as intellectually property rights, freedom of expression, abuse and privacy policy rights. Cyber law intends to bring to the Internet world the same law that applies to the real world.

The question of sovereignty and jurisdiction is a big issue in implementing cyber law. Since Internet users has worldwide access and can make transactions overseas quite easily, the problem of which country law is responsible for the act of Internet users remains baffling. To understand such issue, it is important to understand that there are basically three physical jurisdictions subject to cyber law. These include the nation and state laws of where the user lives in, the nation and state law of the hosting server where the transaction ensued and lastly, the nation and state law where the other party resides in. So for instance, if you are an American dealing with a British man and you are using the server of Canada, then you are subject to US, Europe and Canada’s nation and state laws.

Criminal law embodies strict and serious impositions and severe punishments when violated. It also called penal law, and when violated, can even lead to execution or death throw. Criminal law differs from each state and country. The gravity of a criminal punishment largely depends on the severity of the offense, the jurisdiction of the state, and intent of the crime, among other things. A criminal sentenced as guilty is faced with imprisonment, loss of liberty, parole, fine payment, and can even lead to his demise if he is sentenced with death penalty.

Fatal criminal law offenses include involuntary manslaughter, voluntary manslaughter and murder. Personal offenses can include sexual abuse, rape, battery, and assault. Property offenses such as theft, burglary, fraud, and damage to properties are also punishable by criminal law.
Criminal law is in existence during the first civilization of man. It was believed to have started in Sumeria where the first codes of law were discovered. The Code Hammurabi, which formed the laws of the Babylonians, is also one of the historical records related to today’s criminal law. There is no distinction of civil and criminal law during the old days. The first modern law that separates criminal acts and civil matters was in England during the Norman Invasion.

If you want to start your own business and you have a number of partners with you, it is sensible to apply for a business as an LLC or a limited liability company. An LLC is pretty much similar to a corporation. It usually takes more than 2 persons to build. The members of an LLC have a limited personal liability from its debts. It also offers flexibility in terms of management and most importantly, can actually be of help in saving tax money.

In a corporation, both shareholders and the company itself have to pay for tax, which is referred to as double taxation. This can happen whenever you decide to sell a corporation or liquidate it. In contrast, LLC members avoid such situation. An LLC is not required to pay business tax liabilities and thus avoid double taxation. This type of business structure is also not subject to income tax return.

LLC is very flexible. Members can be individuals, a corporation or other LLC’s. There is no limit to how many members you can have. Some states even allow a single member LLC, which is more so like a single proprietorship. Most business that uses LLC as business structure include banks, insurance companies and real estate companies.