...Legal Counsel - Good afternoon, We are going to discuss our legal stance on the matter of the environmental concerns that is related to the so called sonox found in the water stream in near Riverside. First to start with I think that it is very important to note that Kardell Paper Company has had roots in this community since 1985. Many of Kardell’s employees are fellow residents as well as employees, and they have extreme concerned about the recent medical problems that has been growing in our community. These medical problems have been said to consist of miscarriages and respiratory issues. With that said these cause of these problems has not yet been determined. Legally speaking, Kardell Paper Company has always compliance with the provincial emission standards, and will continue to be in compliances. No agency has been able to conclude that Kardell Paper Company has or has not contributed to any sonox emissions into the water. Let us also be reminded of the fact that similar courses of action have been launched against other facilities, but all of the claims have been dismissed due to lack of conclusive evidence that the mills’ operations were the cause of any significant hazard in the area. We are concerned for the health and welfare of the residents of Riverside, and the Kardell Paper Company will do everything within their power to continue to comply with the current regulations of the industry. If it is determined that Kardell’s paper mill is solely responsible for...
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...volume for Euker’s shared service center in Denver is down 40% as a result of the shut down of the manufacturing plant. Euker allocates the cost of the shared service center on a volume basis and consequently a related unfavorable volume variance exists. Euker’s legal counsel has determined that under Euker’s property and casualty insurance policy, Euker is entitled to insurance recovery for the fair value of the manufacturing plant in excess of the deductible, and that such recovery is probable. Required: • How should Euker account for the anticipated insurance recovery for the manufacturing plant when such recovery has not been received but is deemed probable? Additional Facts: Euker’s legal counsel has also determined that under its business interruption insurance policy Euker is entitled to insurance recovery, subject to certain maximum limits, for: 1) fixed monthly lease payments for the leased machinery; 2) rental costs for the temporary sales office; 3) shared service center costs ordinarily allocated to the manufacturing plant’s operation; and, 4) gross margin that was not earned due to the suspension of normal operations, all in excess of the deductible. Legal counsel...
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...And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Radhey Shyam Counsel for Opposite Party :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. This Crl. Misc. application under Section 482 Cr.P.C. has been filed for quashing of the entire proceeding of complaint case no.1364 of 2013, under section 420 IPC, P.S. Maudarwaja, District Farrukhabad including the order dated 9.4.2014 passed by learned ACJM, Farrukhabad and further prayer is to stay the proceeding of aforesaid complaint case. Learned counsel for the applicants submitted that Bansilal during his lifetime executed the registered Will deed. In fact after death of his brother he accepted his widow as his wife and there was one daughter from that wife regarding which the Will deed was executed. Hence no offence is made out under section 420 IPC and as such entire proceeding is liable to be quashed. Learned AGA opposed aforesaid prayer. Considered the submission of counsel for the parties. Since the disputed question of facts requires appreciation of evidence hence at this initial stage it is not a fit case for interference under section 482 Cr.P.C. The defence version of the applicants has to be considered by the court concerned at appropriate stage. If objection/discharge application is filed on behalf of the applicants within 30 days through counsel, it is expected that the court concerned will consider...
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...Compare and Contrast Paper Bianca Withers CC 201 Part I: Goal of Christian Counseling Psalm 1:1-2 “Blessed is the man that walketh not in the counsel of the ungodly, nor standeth in the way of sinners, nor sitteth in the seat of the scornful. But his delight is in the law of the Lord; and in his law doth he meditate day and night.” The scripture goes on to say that “he shall be like a tree planted by the rivers of the water, that brings forth his fruit in his season.” The scripture speaks of the power of wise counsel. It shows us that wise counsel will cause us to prosper and bear fruit. Also, wise counsel will give the ability to create stability in our lives. In this essay one will be able to understand the difference between worldly or secular counsel verses bible counseling based upon biblical principles. There are many similarities between the two types of counsel, but there are also equal differences. To begin, biblical counsel starts with underlining the importance of having the mind of Christ. (Philippians 2:5) Not only is it important to renew our minds so that we can begin to develop the mind of Christ but as we think Christ-like our lives become Christ-like and we receive the heart of God. The difference between biblical counsel and secular counsel starts with the way that one is trained to think. Joyce Meyers once said that “every battle begins in the mind”. If we can have a renewed mind then we can have a successful life. According to Crabb our goal as Christians...
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...story short, this same young lady has gone on to become a mother of five grown children, inspirational speaker, minister and evangelist. She is the author of the book titled "Who Am I, Where Am I Going, and How Did I Get Here? (You can purchase it online at Amazon.com) She is a dear and very close friend of mine and her name is Mrs. Roxanna Hanna. She's like a mother/big sister to me. What’s so ironic is that there were people that saw what had happened to her, but because of that era and time nothing was done to the perpetrator. After years of counseling with God she got the courage to put that experience down on paper (because it was REAL and IT did happen). She now counsels children about being safe and not being afraid to talk about life experiences to a safe adult. Roxanna was also able to counsel one of the women that got away from the convicted serial killer in Cleveland named Anthony Sowell. It's sad what she endured, but it would have been even sadder if there was no one to tell her story. She was able to tell her own story. And through telling her story someone heard of her and told someone and then that someone told someone and...
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...Addressing International Legal and Ethical Issues There are many differences between conducting international business from domestic business. Every country has unique laws and customs that differ from a foreign company operating within their borders. Most companies understand that it is essential for them to honoring and respecting the laws and customs of their host country to keep a productive relationship. Laws in the United States forbid discrimination for religious, sex, race, or national origin, while many other countries do not. As an American company it is beneficial to observe local customs like closing business on major religious holidays to maintain a positive relationship with the host nation, local company, and employees. Even though a company follows the laws of the host country, things can still go wrong and legal disputes arise. When trying to solve international disputes, having an international arbitration would be the best way to go about legal action. It is extremely important to make sure all aspects of the contract are clearly laid out. As important it is to have a clear agreement it is equally important to have some flexibility or wiggle room for when unexpected events happen you can allow space. When deciding to take legal action a company must consider what is in their best interest, both financially as well as their image. In the simulation a virus outbreak occurred and current manufacturing would not be able to produce enough pills to meet the potential...
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...RIGHT TO COUNSEL 1 Originating when the sixth amendament was ratified on December 15, 1791 the right to council in the United States was born. This amendment states the following. “In criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district where the crime was committed. Also, the district shall have been previously determined by law, and to be informed of the nature and cause of the accusation. To be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” (Amendment 6, 2009). Development of the Right to Counsel The Constitution specifies that the accused possess the right to counsel however, there is no specifications which states that counsel will be available from the government for the individual who have been accused. In most cases, only individuals who are afforded the employment of an attorney would have the indulgence of being represented by one. The right to counsel is a service no longer just limited to adults or to individuals who have financial means of being able to retain attorney but any individual who requests representation. At one time, the right to counsel was a service that was offered to those individuals involved in cases being tried within a criminal trial; however, this is no longer the scenario. Right to counsel can be for any case; criminal, family...
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...Right to Counsel Dimitria Jackson CJA/ 364 Criminal Procedures May 22, 2012 Michael Harrison Right to Counsel One of the most important rights awarded to the accused is the right to be represented by an attorney. Most individuals accused of a crime will most likely not have an adequate defense without the assistance of counsel. The development of the right to counsel in the twentieth century focused on the issue of whether the state had to pay for attorneys for individuals what are indigent or to poor to pay. Because of Powell v. Alabama, the Court found that in particular cases, state courts had to provide free counsel to criminal defendants. In addition, the right to counsel attaches at the initiation stage of the criminal proceedings. Separate from the Sixth Amendment right to counsel and prior to the initiation stage, an individual has a Fifth Amendment right to counsel during custodial interrogation as well. Zalman (2008) stated “Counsel is required at a pretrial proceeding if it is one in which factual determination can be made that could determine the outcome of the case and in which a lawyer plays a significant role” (p. 337).The adversarial nature of the trial process makes even routine cases dependant on trained, competent lawyers. A defendant without counsel is at an extreme disadvantage. Development of the Right to Counsel In the past, the right to counsel meant the right to retain counsel; that is, if the defendant could afford an attorney, he had the...
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...Right to Counsel Lionel James CJA/364 December12, 2011 CHARLES MC CLELLAND Right to Counsel Introduction: The primary source of the right to counsel is the Sixth Amendment. It states in all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for defence. In this article, the development of the right to council will be discussed as well as when the right to council attaches to criminal procedures. The right to self- representation and the role of attorneys as it applies to right to council will be discussed as well. The development of the right to counsel: The Supreme Court in 1932 began to define the right to counsel and years later it applied it to the Sixth Amendment right to states. It incorporated that right into the Fourteenth Amendment. In the Powell v.Alabama (1932), the Court found that under certain circumstances state courts had to provide criminal defendants with free counsel. (Zalman,2008). The main issue in the Powell case was whether the defendants ‘due process rights were violated by the denial of the right to counsel, with the accustomed incidents of consultation and opportunity of preparation for trial.(Zalman,2008). Betts v.Brady (1942) was a setback to the incorporation of the Sixth Amendment. Betts confirmed the special circumstances rule of Powell. Betts, a farmhand, was indicted for noncapital robbery. Not having the money to hire a lawyer, Betts asked the judge for appointed counsel at his arraignment...
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...Right to Counsel Yolette T. Pepe Kaplan University Introduction to Law LS102-03 Prof Young February 15, 2011 Right to Counsel The root of all American laws are found in English law. In England, people who were charged with felonies had no right to hire a private attorney, though it was allowed sometimes in special circumstances. After the Glorious Revolution in 1688, Parliament passed a law allowing people accused of treason the right to be represented by an attorney at trial, but this right did not extend to any other classes of crime. (Find Law, 2010) All the way up until 1836, with the passage of the Prisoners' Counsel Act, this right was denied to people charged with nearly all serious crimes in England. The development of the common-law principle in England had denied to anyone charged with a felony the right to retain counsel, while the right was afforded in misdemeanor cases, a rule ameliorated in practice, however, by the judicial practice of allowing counsel to argue points of law and then generously interpreting the limits of ''legal questions.'' The colonial and early state practice in this country was varied, ranging from the existent English practice to appointment of counsel in a few States where needed counsel could not be retained. Historically, the right to counsel has meant the right to retained counsel; that is, if the defendant could afford a lawyer, he had the right to use one. (Lawyers.com, 2000) The poor defendant was denied this right. In early America...
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...the right to be represented by an attorney at trial, but this right did not extend to any other classes of crime. (Find Law, 2010) All the way up until 1836, with the passage of the Prisoners' Counsel Act, this right was denied to people charged with nearly all serious crimes in England. The development of the common-law principle in England had denied to anyone charged with a felony the right to retain counsel, while the right was afforded in misdemeanor cases, a rule ameliorated in practice, however, by the judicial practice of allowing counsel to argue points of law and then generously interpreting the limits of ''legal questions.'' The colonial and early state practice in this country was varied, ranging from the existent English practice to appointment of counsel in a few States where needed counsel could not be retained. Historically, the right to counsel has meant the right to retained counsel; that is, if the defendant could afford a lawyer, he had the right to use one. (Lawyers.com, 2000) The poor defendant was denied this right. In early America, some states showed a greater concern for the impoverished defendant than did the federal government. These states provided for the appointment of counsel in cases punishable by death, with some states going so far as to provide counsel on all felony charges. The early American colonies generally brought English law with them, so most colonies also barred serious criminal defendants from obtaining a lawyer. This practice varied...
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...SPAN. 4368 (MONDAY) Cronograma de actividades (sujeto a cambios, según sea necesario) Enero 13 | Introducción general. Descripción del curso y discusión sobre objetivos y contenidos Formación de grupos. Asignación grupal (sorteo)de temas para lectura por género (Lectura # 1) Explicación general sobre los temas del sílabo para las lecturas Instrucciones para lectura de grupos por género | Enero 20 | MARTIN LUTHER KING | Enero 27 | Explicación de tarea de folklore a entregarse Feb. 17 UNIDAD I: Conceptos introductorios - parte I | Febrero 03 | Conceptos introductorios – parte IILas claves del reclutamiento para la lectura Prueba # 1: Unidad I: conceptos introductorios (partes I y II y Las claves del reclutamiento)UNIDAD II: El género cuento – Componentes del cuento El cuento realista | Febrero 10 | Prueba # 1: Unidad I: conceptos introductorios (partes I y II y Las claves del reclutamiento) El género cuento y El cuento realista (continuación)Lectura # 1 del grupo “Cuento realista | Febrero 17 | Prueba# 2: El género cuento y El cuento realista)Revisión de prueba # 1UNIDAD III: El cuento fantásticoEntrega de Tarea: FOLKLORE | Febrero 24 | Revisión de prueba # 2 El cuento fantástico (continuación)Lectura # 1 del grupo “Cuento fantástico” | Marzo 03 | Prueba # 3: El cuento fantástico UNIDAD IV: La leyenda Lectura # 1 del grupo “Leyenda” | Marzo 10 | Vacaciones de primavera (Spring...
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...Running Head: Right to Counsel Paper Right to Counsel Paper By: University of Phoenix Course: CJ364 Instructor: Darrick Kinchen Date: December 05, 2011 Right to Counsel Paper The right to counsel is a right that was largely developed in the 20th century; this right has become an expectation through many court cases. One also may enjoy the right to represent themselves in a criminal proceeding. In the following it will be discussed about the developments of these rights and additionally the role of an attorney in the criminal justice system will be discussed as it applies to the right to counsel. Zalman (2008) “The twentieth-century growth of urban populations and bureaucratic, multi-judge courts required that ad hoc methods of providing lawyers for indigents be replaced with more formal legal aid and defender systems. Some cities and states began to do this in the early twentieth century. But under the U.S. Constitution, there was no obligation in federal or state criminal trials that the government, which was prosecuting the defendant, had any obligation to ensure a fair trial by providing defense counsel. In 1932, the Supreme Court began to define the right to counsel.” In Powell V. Alabama this case set a benchmark for the right to counsel, as in before this case in 19322 there was never...
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...The Aspects of Right to Council Donna Chupurdia CJA/364 July 16, 2012 John Hullar The Aspects of Right to Council The Sixth Amendment was ratified on December 15th, 1791, guarantees the accused the right to council in federal cases (Adams, 2012). The Fourteenth Amendment extends the right to council in all state and federal cases. The role of an attorney is to represent to the best of their ability and defend the rights of their client. Defense attorneys are sworn to defend the accused regardless of their presumed guilt or innocence (Mathewson, 2009). Prosecuting attorneys must bring forth the evidence and present it to a jury of their peers (Mathewson, 2009). A prosecuting attorney must prove their case; the defense attorney must try to dis-prove what the evidence and the prosecuting attorney bring out in court. The majority of cases get pled out because the courts in America are bogged down with too many cases. Additionally, a defense attorney’s case load is usually quite full and especially if they work for the state they reside in, which would make them public defenders. Public defenders are paid by each state as well as district attorneys and prosecutors, but their functions, and responsibilities are much different. The district attorney and the public defender may seem as though they are in ‘cahoots’, but they are not; in fact that are adversaries. They may have a good work relationship and especially if they are in the same courtroom working together for months...
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...Victimized By the Court's Appointed Counsel When working with a court appointed lawyer you need to research and follow up on guidelines that carry with your charge. You have to learn how the court system works. Lawyers that are hired by the court to represent the low and middle-income people are lazy in doing their job. There are many reasons why court appointed lawyers don't do their best for their clients involving the court cases. Pretrial court is usually within a week from the date that you committed the offense. Did you know that if you can't afford a lawyer, the court would appoint you one? It is the law that you have to be represented by a lawyer during the time of your trial unless you sign a waiver to not have a lawyer at all. People are represented in court by two kinds of lawyers, court-appointed lawyers and public defenders, which mean "hired lawyers" (Green, 2001). People that have higher income can hire their own lawyers. The lower and middle-income people are mainly the ones who rely on court appointed lawyers. These people don't have the money to hire a lawyer. Court appointed lawyers are not working in your best interest for many reasons. Salary is one reason why court appointed lawyers don't go up and beyond their call of duty for their clients. Studies show on an average, people will be sentenced harder or longer if he/she is represented by a court-appointed lawyer rather than a public defender (Green, 2001). Court-appointed lawyers are paid by...
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