Law Questions and Answers

For years I have wish my family could simply be told I be dead. Why is that not permitted?

Answers: Simply you are not actually insensible. There are strict meaning contained by the word death. Death is any medically death (i.e. minus heart beat or brain-death or both , depending on what state you are in) or you are physically loss within an serious accident, e.g. shipwreck, plus command and your family bungled to locate you for seven years or longer. Then, your family can apply to directive court to declare your disappearance.

Otherwise, whosoever said you are dead may head to the crime of defraud.

What a really sad sound out.Obviously something has happen in your olden for you to feel this channel.But don't you think it would be more compassionate for your clan if you just explained why you didn't want to hold contact and them and then merely move on near your life.Your familial have a right to the truth doesn`t matter what your reasons.

The americans dream whites only apply?

WASHINGTON (Reuters) - Black Americans are failing to climb the social stepladder, while a worrying number born into the middle classes are now in actuality poorer than their parents, according to a study released on Tuesday.

The report by Brookings Institution scholar Julia Isaacs found blacks be missing out on a cherished American dream that their children will be economically better off.

"Children from middle- and upper middle-class black family experience a generational drop in income i.e. in sharp contrast to the traditional American expectation that respectively generation will do better than the one that come before it," she wrote.

Do you estimate rap music is keeping blacks poor? and have to do next to blacks not doing well?

Answers: I don't strictness what anyone says, you can lay that where on earth it belongs. Everyone has a luck at an education and next to the laws in a minute, blacks have a better unpredictability. The playing field have been bent contained by their favor for education and job. If they don't make it, shame on them. Rap music probably contributes to the crime rate, not keeping them poor.

rap music have nothing to do next to it. alot of the time it seems close to its the way they dress or communicate. most sucessful blacks that i know dress really nice and dont talk resembling "yo waz up my n*gga"

along time ago i think it be rock-n-roll made everyone stoners?

and even before that within was Jazz music that everybody wasnt so smiling about because adjectives those trouble makers that listen to Jazz

i never quite get rap anyway. alot of the rappers that are really sucessful always confer about how bleak they had it final in the morning. just different overthrow and thent hey make a few albums adjectives about how rock-hard it was put a bet on in the time. nothing but equal thing

IM SICK AND TIRED OF EVERYONE BLAMING RAP!!!! First analyze what hip-hop scheme. Hip is current relevent a form of knowledge hop is a movement. Did you know that 4/5 of rap albums purchased are made by WHITE ancestors? Why is that they make up most of the population. Rap is not constrained to black it is a form of music which has spread to adjectives parts of the world. You can hear rappers anywhere from Mexico, to France, to South Africa. It is the only form of music that have given a voice to all. Saying that it is black music is racist. The idea "blacks" (in reality urban areas) are not doing in good health is because of a lack of a father amount. A man makes a girl pregnant and doesnt clutch care of the child, where on earth is that child going to learn how to be a man? A woman can lift her son, but she cant raise a man. Who is he going to swot up to be a man from? Local influence. And local influence are mainly gang. Then that child does the same to another girl. ITS NOT RAPS FAULT.

Why don't you hear duplicate people blame movies? Terrminator, Kill Bill, Jason, Gangs of New York. Or how roughly speaking TV shows like J@ck@$$, or anything else they put on TV. I didn't hear any criticism from the Movie Scarface, or the Godfather which glorified mob killing. But everyone is attacking rap a musical movement which has lead people from the slums of town to owning their own account companies. RAP HAS NOTHING TO DO WITH IT!!!

Look at Jay-Z
Came from the slums of New York
owns his own record company
have had 9 #1 albums
Owns his own club
owns his own clothing strip
he got that bad hip-hop

He sends a message that no matter how firm it is you have to save fighting "Dust sour your shoulder" "Hard Knock Life" and has have political songs "99 problems". He is not the only artist. Look at Juelz Santana, Lil Wayne, KRS-One, Mos Def, Talib Kweli, CunningLynguist, N.W.A., Public Enemy. etc.

I got into an stroke of luck. The people who hit me didn't enjoy insurance. Can I sue them in small claims court?

I get into a car quirk. The people who hit me didn't enjoy insurance. They went to the place where on earth the car be towed and turned over the title to the car, because they said they did not enjoy the money to pay for the towing. I drove by nearby house,(the address was on the police report) newly to see how they live. There house is huge! one of the biggest in the brand hot neighborhood. The daughter was driving the coup¨¦ that was owned by the mother who be the passanger in the coup¨¦. So I need to know can I sue her and her mother since she owned the vehicle? I have uninsured motorist but they are not wanting to earnings. I got a legal representative to sue for the injury aspect, but I do not have motor now, not even a rental sports car. They are indian from inda or someplace! do they have different law and rules here? Please help!

Answers: You obligation another lawyer...and another insurance company. If you enjoy uninsured motorist protection...that pays for your car to be fixed. You can sue after in small claims.but create sure you keep adjectives your paperwork on cost you have already salaried. Tell your insurance company you want you car fixed NOW...but don't sign any release until your injuries are covered. Tell you advocate to get past its sell-by date his a**.he is the one that is getting rewarded to recover your losses.

First, lately because someone lives in a big house, doesn't indicate they have money.. They could be hired oblige living there, or maxed out to pay cheque the mortgage. It does not matter where on earth the people are originally from, they are within the US now, and own to abide by US laws, unless they are foreign diplomats, which can sometimes put a different spin on things. And yes, you can sue them contained by small claims court, I am pretty sure. You can sue whoever you want in small claims court...check your local court for monetary edges. Some only progress to a couple of thousand. Go to your local district court and they should be able to bequeath you all the forms for file a case contained by small claims. Make sure to get copies of adjectives police reports, towing bills, etc. Won't the attorney you got for the injury aspect...present you any advice on doing this?? I would reflect on he or she would be your best resource for advice.

In a workmans comp case is an exwife entitled to any of the settlement?

The couple hold been divorced 5 years, immediately she wants constituent of his workmans comp settlement. It is not a severance package, a short time ago comp for his injured back

Answers: This depends on several factor:
1. When he was injured
2. Whether she be his sole support while he was sour work

I don't know what the relevant case tenet is, but if he was injured during a time when she be his sole support, she may have a casing.

That explains why theyre divorced.Greedy *****!
But if it happend while they were married and she took attention of him it's quite possible that a court would compromise her some sort of compensation.

No, she is not entitled. Settlements are base on estimated future lost wages.

Why should we allow illegal immigrant a drivers license,?

When Mexico will not issue a drivers license to anyone that does not have a visa? Why must we issue "carte blanche" to undocumented aliens. In my feelings if they can afford to purchase a vehicle they can very okay pay the compulsory amount it would take to become a statute abiding citizen here.

Answers: There are 2 schools of thought on this. One group say no way, they should never be allowed to gain a license. Another group says that we should jump ahead and give them a license since they drive anyway, and this would allow us to track them beside addresses, acquire insurance etc. I personally am for the 1st, but see thepoint of the second group.

So that when you and I go and get into accidents next to them, we don't have to claim our uninsured motorist coverage (and thus settle up higher insurance costs). Make them overhaul the test and buy their own insurance similar to everyone else.

Your question is also flawed, where on earth you say "they can completely well retribution the necessary amount it would lift to become a law abiding citizen here". You can't only just buy citizenship or legal status.

You get a fine presently if your a teenager and don,t work, and fined if?

you put rubbish out the wrong daytime, and i got fined cos my son be late for academy, is this a nanny state what is a nanny state

Answers: WHAT !!!!???????
And what state do you live in? I aspiration to avoid it.

Wow, you're question is scrawled. My guess is saying that you be fined cause your son be late for college.

That could be considered pretty nanny state. A nanny state is a national government that looks over its citizens a little too much. Survellience cameras, police force, etc. There are plenty of different characterisitcs of a nanny state.

The United Kingdom (my guess where on earth you're from with the word "rubbish") could slickly be considered a nanny state. Its the leading forefront surrounded by the civilian surviellence front. T

Is flying a foreign flag on American soil an act of treason?

Answers: No, but it should be flown below an American flag if one is present if I remember correctly though nearby is no law governing flags as such.

It depend's on the country to you're neighbor's how are the nosey one's
but if dangle you're flag inside you're home or window it is no one's business
i own my two flag's together on mywindow's and have never have a problem

No. Treason is defined in the constitution extremely specifically. Also, under the first amendment, on your own property you can fly anything flag you darn well please.

When does this new statute come in around letting parents choose their working hours?

come into force? Please

Answers: This is only a proposed imperative in the UK and as such have to be passed by Parliament before it comes onto the statute books.

I don't know, but it is another not at your best thought out scheme, general public generally try to help yourself to a job which suits them contained by terms of hours etc, greatly of employers are going to resist this and will conspicuously cause much unrest.

What are patent war? pls explain; what is patent infringement?

is it a condition where on earth we cannot patent an item, but it have been submitted as application for exclusive rights grant..; or is it the suitcase where two party fight over a patented item?

Answers: A rights provides the proprietor of that patent next to the right to exclude others from utilizing the invention claimed in that government grant. Should a person utilize that invention, lacking the permission of the rights proprietor, they may infringe that patent.
Any get-together that manufactures, uses, sell, or offers for public sale patented technology, during the term of the government grant and within the country that issued the government grant, is considered to infringe the patent. The exam varies from country to country, but within general it requires that the infringer's product (or method, service, etc) falls inwardly one or more of the claims of the granted patent. In the United States and others that use a "lateral claiming", that means that the infringing technology embody each and every of the elements down in the claim. If the technology incorporates adjectives of a claim's elements (and possibly more) it is said to "read on" the claim; if a single element from the claim is missing from the technology it does not read on the claim and thereby does not infringe the exclusive rights with respect to that claim.

To keep a claim of infringement, an accused infringer unanimously will assert one or more of the following:

The patent, and surrounded by particular the individual claims asserted against the infringer, are invalid because they be not novel, or be obvious surrounded by light of the state of the art, at the time patented. Often this is done by presenting evidence not originally considered by the exclusive rights office that the invention have been publicly disclosed or be in use earlier it was patented.
The exclusive rights is invalid due to some other collateral defect to spawn the patent invalid or unenforceable.
The technology within question does not within fact practice the exclusive rights
The accused infringer have obtained a license to the patented technology
The rights holder is infringing patent rights belonging to the accuse infringer (this is not an actual defense to the infringement claim but it is a very adjectives legal strategy that normally results in a cross-licensing agreement to some extent than an infringement lawsuit).
Direct infringement
A person directly infringes a government grant by making, using, offering to sell, selling, or import into the US any patented invention, without authority, during the possession of the patent.
Indirect infringement
Under guaranteed jurisdictions, within is a particular travel case of patent infringement, call "indirect infringement." This can occur for instance when a device is claimed surrounded by a patent and when a third body supplies a product which can only be conceivably used to make the claimed device. In the U.S., types of "indirect infringement" include "contributory infringement" and "induced infringement."

In the United States, 35 U.S.C. § 271(b) define (active) induced infringement: "Whoever actively induces infringement of a patent shall be liable as an infringer."

Also surrounded by the United States, 35 U.S.C. § 271(c) defines contributory infringement. It provides that "Whoever offer to sell or sell within the United States or import into the United States a component of a patented machine, create, combination, or composition, or a material or apparatus for use surrounded by practicing a patented process, constituting a material segment of the invention, knowing the same to be especially made or especially adapted for use surrounded by an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer."
Remedies
Under US regulation, a patent owner is entitled to the larger of any a reasonable royalty or lost profits that result from infringement of their exclusive rights. Reasonableness is determined by the standard practices of the particular industry that the invention is surrounded by. Lost profits are determined by a "but for" analysis. (e.g. "My client would have made X dollars surrounded by profit but for the infringement of his/her patent.")

If an infringer is found to enjoy deliberately infringed a rights (i.e. "willful" infringement), then punitive damages can be assessed up to three times the actual damages. Legal fees can also be assessed.

An infringer can also be enjoined from further infringement of the government grant, even to the point of being forced to remove an infringing product from the souk.
Patent infringement insurance
Patent infringement insurance is an insurance policy provided by one or more insurance companies to protect either an inventor or a third fête from the risks of inadvertently infringing a patent.

For inventors, government grant infringement insurance covers their legal costs contained by case they enjoy to sue an infringer to enforce their patent.

For third party, patent infringement insurance covers their trial costs in covering they are sued for patent infringement by an inventor.

Patent infringement insurance is roughly considered too expensive to be worth it. The premiums must be high, however, due, at most minuscule in fragment, to the high allowed costs of patent infringement cases. A typical official document infringement case contained by the US costs 1 - 3 million dollars in permissible fees for each side. This is despite the certainty that 99% of all government grant infringement cases are settled. Legal fees in pharmaceutical cases can run 30 million dollars or more, although this should be contrasted next to the fact that billions of dollars may be at stake. [citation needed]

In June 2006, a Study for the European Commission on the viability of possible insurance schemes against rights litigation risks was published. [3] The report concluded that the continuation of the status quo near very little, disproportionately expensive, bespoke official document litigation insurance (PLI) would not meet any objectives for a viable insurance scheme. Instead, merely a mandatory scheme be considered to be viable in decree to provide the economic and precise benefits to the EU and individual patentees which would arise from a widespread PLI plot.

There are two kinds of rights wars. One inside the United States and one outside. This make a huge difference because, patents within the US are good for 10 years but outside the US they are solitary good for 2 years. Inside the US the exclusive rights procedure is very complex and time consuming. Often times several patent for the same point are applied for at the same time by several different society. Also, sometimes a person take a product of idea patented but doesn't do anything beside that patent. Then someone else comes along and uses it. They after get sued by the official document holder. Patent laws outside the US are even more complex do the corrupt disposition of most of the world. Many countries don't respect patent law, especially the Chinese. These countries steal the patented ideas of Americans and merely produce the product anyway. The the patent holder is force to try and sue surrounded by world court. Without the support of the US government it is almost impossible to within force international patent decree. Often times the US government doesn't want to support the American citizen within these fights because of political reason. This a very complex subject and a creature could spend a lifetime studying it. Some people do, their call patent attorneys. Good luck.

What is the current status of the neem and turmeric patent cases??

pls cite sources

Answers: Patented Wisdom
Author: Sonu Jain
Publication: The Indian Express
Date: August 26, 2001
Introduction: Basmati or Texmati, patent or common wealth… where on earth does India stand in the intercontinental fight for Intellectual Property Rights? Sonu Jain separates the crumb from the chaff

Each time someone claims a bit of India as their own - and in these times of official document wars, we’re war claims to about 40 products adjectives over the world - the country goes into a tailspin. Anger, confusion, desperation and determination to Fight It Out (one more time) do urgent rounds of political affairs offices, agricultural bodies and NGOs. Perhaps rightly so, since basmati, neem and haldi own never been too far from an Indian’s existence, and the idea that Someone Else may acquire the right to own, trade and souk it, is more than a bit jolting.

When patents be recently granted to three strains of rice developed by Texas -based firm Ricetec, Parliament be paralysed for a day over the issue. Fear permeate: had India ‘lost’ the luggage, which would mean that we could no longer provide basmati abroad? It be only after repeated executive statements clarifying that Ricetec managed to uphold claims solitary to three strains, and would not be calling their rice basmati, but Texmati or Jasmati” that a bit of cheer was restored.

While the dust hazing this round of the conflict over basmati has settled, the larger issue of Intellectual Property Rights, or IPRs, continues to lurk. IPRs cover not purely patents, but also trademarks and copyrights, so surrounded by a world increasingly committed to freer trade, India has to guard itself on adjectives these fronts.

Advances in biotechnology hold ensured that even though traditional agricultural products such as neem and turmeric cannot be patented (a rights, to be granted, has to fulfill the requirements of inventiveness, non-obviousness and utility), new, genetically modified version for instance, a strain of neem with high pest resistance can be patented. At present, more than 50 per cent of the 40,000 patents granted by the US Trade and Patents Office (USTPO) own traditional Indian plant resources!

Though India signed the Trade Related Intellectual Property Rights (TRIPS) agreement in 1995, which commits a country to information bank products/inventions it wants IPRs to, so that profits from international trade accrue to it, we’re wadding behind. A comprehensive inventory of India’s traditional luxury, whether it’s the Alphonso mango, Kolhapuri chappals or Kanjeevaram saris, is yet to be documented.

There’s hope even so. India is now trying to protect its IPRs through legislation inside the country, but experts warn it isn’t ample. “We need an umbrella legislation which will cover the entire panorama of traditional knowledge,” say eminent government grant lawyer Pravin Anand.

Informal groups, however, enjoy been acting as government grant watchdogs. In 1995, a basmati development fund be set up to keep a worldwide monitor for new trademark applications for basmati rice or its ambiguous variations. The agency have identified a number of attempted registrations, of which 15 own been effectively challenge.

The Turmeric Patents Case

India woke up late but won against the attempt by two US base Indians to patent turmeric, a nouns Story it repeated with neem. In 1995, Suman K Das and Hari Har P Cohly be granted a US patent on ‘Use of Turmeric surrounded by Wound Healing’. The patent claimed that the command of an effective amount of turmeric locally and out loud to enhance the wound healing process, be a novel finding. The Centre for Science and Industrial Research (CSIR) located 32 reference, some of them more than 100 years old, which showed that this finding be well prearranged in India prior to the exclusive rights being feted. The CSIR after filed a formal request for re-examination of the government grant at USPTO in October 1996. In March 1997, US PTO rejected adjectives six claims to the patent made by the University to which the duo be attached. The University decided not to pursue the grip and transferred the rights to the inventors, who filed a response. They pleaded that turmeric powder and pulp had different physical properties. That November, the USPTO examiner rejected adjectives the claims on the ground that they were ‘anticipated’ and ‘obvious’. This be the first time that a patent base on traditional knowledge of a developing country be challenged successfully. The other interesting piece about the turmeric satchel was that despite loud protests against ‘bio-piracy’ and ‘theft’ of India’s bio- diversity by ‘foreign nationals’, the two patentees, Das and Cohly, are Indians. The re-examination at USTPO be also done by an Indian officer.

In May 2000, the patent granted to W R Grace Company and the US department of Agriculture on neem by the European patent office be quashed on similar grounds.

The Bottlenecks

The neem, haldi and basmati cases lift an important sound out: how can scientists in the US profile for patents on agricultural products next to minor innovations which are traditionally Indian?

The problem lies in the certainty that the IPR system, under the World Trade Organisation (WTO), is designed for inventions which are ‘formal’, such as those carried out contained by universities and laboratories, or as chunk of industrial R&D. As of now, the WTO does not recognise technology innovations by farmers, artisans or grassroot innovators, which appear in an informal setup. These form a hulking part of India’s traditional erudition.

Additionally, the IPR system is oriented around the concept of private ownership and industrial innovation. It is at likelihood with indigenous cultures which emphasise collective creation and ownership of know-how.

The Way Ahead

India has developed a multi-pronged approach to face up to IPR disputes.

Geographical Indications Bill

Under this, a product will be defined by a geographical area where on earth it is traditionally found; champagne, for example, is exclusively wine made in France’s Champagne district.

If the Bill become an Act, it will also evolve product standards, provide cataloguing and classification and enforce discipline. However the catch is that the WTO does not recongnise geographical indications for products excluding wines and spirit. Though India has put surrounded by a proposal to include other products like Kanjeevaram silk, Alphonso mango and Darjeeling tea lower than this, the WTO is yet to respond to it.

“Once this legislation is passed, we can state that basmati is from a pernickety geographical area and another country cannot official document it,” explains Anil Swarup, Chairman, Agriculture Processed Food Export Development Authority.

Traders too have a responsibility to begin. In Florida, traders got together to present their oranges a geographical identity, and in the process, created a brand -Florida oranges. “Our traders own to enforce discipline within the country first be fore they clash in the international arena. Why is it that basmati rice is available for anything between Rs 15 a kg to Rs 80 a Kg?” question R S Seshadri, director of the Gurgaon-based firm United Riceland.

Plant Varieties Bill

This will enable farmers or plant breeders to register their own innovations and traditional know-how, so they cannot be patented elsewhere.

Traditional Knowledge Digital Library

A task force consisting of US, Japan, EU, China and India have been set up on India’s initiative. The inclusion of the Digital Library surrounded by the intellectual property regime will enhance the quality of government grant examination, and the problem of granting patent based on traditional skill will stand resolved.

It has taken India five years to draft these Bills. Though these pains have their share of critics, at most minuscule legislation will offer some protection for our traditional property, to switch on with. The subsequent battle is to convince the WTO roughly restructuring TRIPS to address the peculiarity of countries similar to India which have colossal traditional common success. But getting its own house in instruct has to be India’s priority.

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We lost long ago and gratitude to our corrupt politicians, nothing be persuaded and folowed-up

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