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Attorney An attorney at law in the United States is a practitioner in a court of law who is legally qualified to prosecute and defend actions in such court on the retainer of clients. Alternative terms include attorney-at-law, attorney and counselor (or counsellor) at law, attorney, and lawyer.[1]
The U.S. legal system has a united legal profession, and does not draw a distinction between lawyers who plead in court and those who do not. Many other common law jurisdictions, as well as some civil law jurisdictions, have a separation, such as the solicitor and barrister/advocate split in the United Kingdom and the advocate/civil law notary split in France. There is also no delegation of routine work to notaries public or their civil law equivalent in the American system.
Attorney General In most common law jurisdictions, the Attorney General or Attorney-General is the main legal advisor to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. The term Attorney General is used to designate the chief law enforcement officer of a state or other political jurisdiction. The Attorney General is a lawyer who represents the government, prosecutes criminal cases, defends the government from lawsuits against it, and brings civil lawsuits to enforce consumer protection, antitrust, and other laws. In the Federal Government of the United States, the Attorney General is a member of the Cabinet and as head of the Department of Justice is the top law enforcement officer and lawyer for the government. The attorney general may need to be distinguished from the Solicitor General, a high Justice Department official with the responsibility of representing the government in the Supreme Court. In cases of exceptional importance, however, the Attorney General may choose to represent the government himself/herself in the Supreme Court. The individual U.S. states also have State Attorneys General with similar responsibilities. The majority of state Attorneys General are chosen by popular election, as opposed to the U.S. Attorney General who is a Presidential appointee.
Blood alcohol content Blood alcohol content (BAC) or blood alcohol concentration is the concentration of alcohol in blood. It is usually measured as mass per volume. For example, a BAC of 0.02% means 0.2 ‰ (permille) or 0.02 grams of alcohol per 100 grams of individual's blood, or 0.2 grams of alcohol per 1000 grams of blood. Blood alcohol concentration is measured in many different units and in many different fashions, but they are all relatively synonymous for each other. In many countries, BAC is reported as grams of alcohol per liter of blood (g/L). Because the specific gravity of blood is close to 1, the numerical value of BAC measured as mass per volume and that of BAC measured as mass per mass do not differ to any consequential degree other than the placement of the decimal point. For example, 1 g/L is equivalent to 0.94 g/kg. In the UK, BAC is reported as milligrams of alcohol per 100 millilitres of blood. For example, a BAC of 0.08% is legally given as a limit of 80 mg per 100 ml. It is also reported in grams per litre, which is an equivalent measurement. The number of drinks consumed is a very poor measure of intoxication largely because of variation in physiology and individual alcohol tolerance. However, it is generally accepted that the consumption from sober of two standard drinks (containing a total of 20 grams) of alcohol will increase the average person's BAC roughly 0.05% (a single standard drink consumed each hour after the first two will keep the BAC at approximately 0.05%), but there is much variation according to body weight, sex, and body fat percentage. Furthermore, neither BAC nor the number of drinks consumed are necessarily accurate indicators of the level of impairment. Tolerance to alcohol varies from one person to another, and can be affected by such factors as genetics, adaptation to chronic alcohol use, and synergistic effects of drugs.
http://en.wikipedia.org/wiki/Blood_alcohol_content Blood alcohol content
Corporate lawyer What areas of corporate law a corporate lawyer experiences depend from where the firm that he/she works for is, geographically, and how large it is. A small-town corporate lawyer in a small firm may deal in many short-term jobs such as drafting wills, divorce settlements, and real estate transactions, whereas a corporate lawyer in a large city firm may spend many months devoted to negotiating a single business transaction. Similarly, different firms may organize their subdivisions in different ways. Not all will include mergers and acquisitions under the umbrella of a corporate law division, for example. Some corporate lawyers become partners in their firms. Others become in-house counsel for corporations. Others still migrate into other professions such as investment banking and teaching. Some publications read by those in the profession include Global Legal Studies, Lawyers Weekly, and the National Law Journal. Corporate lawyer
Crime Crime is the breach of a rule or law for which a punishment may ultimately be prescribed by some governing authority or force. Informal relationships and sanctions have been deemed insufficient to create and maintain a desired social order. resulting in formalized systems of social control by the government, or more broadly, the State. With the institutional and legal machinery at their disposal, agents of the State are able to compel individuals to conform to behavioural codes and punish those that do not. Various mechanisms are employed to regulate behaviour, including rules codified into laws, policing people to ensure they comply with those laws, and other policies and practices designed to prevent crime. In addition are remedies and sanctions, and collectively these constitute a criminal justice system. Not all breaches of the law, however, are considered crimes, for example, breaches of contract and other civil law offenses. The label of "crime" and the accompanying social stigma are normally reserved for those activities that are injurious to the general population or the State, including some that cause serious loss or damage to individuals. The label is intended to assert an hegemony of a dominant population, or to reflect a consensus of condemnation for the identified behavior and to justify a punishment imposed by the State, in the event that an accused person is tried and convicted of a crime. Usually, the perpetrator of the crime is a natural person, but in some jurisdictions and in some moral environments, legal persons are also considered to have the capability of committing crimes. Crime
Driving under the influence Driving under the influence of alcohol other drugs, is the act of operating a motor vehicle after having consumed alcohol, to the degree that mental and motor skills are impaired. It is a crime or offence in most countries around the world. Driving under the influence is drunk driving or DUI. Driving while intoxicated is drinking and driving and DUI. Driving under the influence
Drunk driving Drunk driving is the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired. It is illegal in all jurisdictions within the U.S. The specific criminal offense is usually called driving under the influence [of alcohol and/or other drugs] (DUI), and in some states driving while intoxicated (DWI), operating while impaired (OWI), or operating a vehicle under the influence (OVI). Such laws may also apply to boating or piloting aircraft. In the United States the National Highway Traffic Safety Administration (NHTSA) estimates that 17,941 people died in 2006 in "alcohol-related" collisions, representing 41 percent of total traffic deaths in the US. Over 500,000 people were injured in alcohol-related accidents in the US in 2003. NHTSA defines fatal collisions as "alcohol-related" if they believe the driver, a passenger, or a nonoccupant of the vehicle (such as a pedestrian or pedalcyclist) had a blood alcohol content (BAC) of 0.01 or greater. NHTSA defines nonfatal collisions as "alcohol-related" if the accident report indicates evidence of alcohol present. NHTSA specifically notes that "alcohol-related" does not necessarily mean a driver or nonoccupant was tested for alcohol and that the term does not indicate a collision or fatality was caused by the presence of alcohol.[1] On average, about 60 percent of the BAC values are missing or unknown. To analyze what they believe is the complete data, statisticians simulate BAC information. Drunk driving
Dui Canada The Criminal Law Amendment Act, 1968-69 made it a "per se" offence to drive with a blood alcohol content in excess of 80 mg/100 ml of blood in Canada. Refusal of a police officer's demand to provide a breath sample was made an offence at the same time and both began as summary conviction offences, with a mandatory minimum C$50 fine. Driving under the influence of alcohol is a generic term for a series of offences under the Criminal Code of Canada. The main offences are operating a motor vehicle while the ability to do so is impaired by alcohol or a drug, contrary to section 253(a) of the Canadian Criminal Code, and operating a motor vehicle while having a blood alcohol concentration of greater than 80 milligrams of alcohol in 100 millilitres of blood, contrary to section 253(b) of the Criminal Code. See Criminal Code Sections 253 to 259 Both offences can be committed by a person who is actually operating or driving a motor vehicle, vessel, aircraft, or railway equipment or by a person who has care or control of such a vehicle. Care or control includes actual care or control and presumed care or control section 258(1)(a) where the person occupies the driver's seat. The latter is often the case where police find an individual sleeping behind the wheel. Dui Canada
Frivolous litigation Frivolous litigation, as used in colloquial and political terms in the United States, refers to lawsuits that are based on a theory that seems absurd, or where the claim results in damages that greatly exceed what one would expect from reading a brief summary of the case. Awards for medical malpractice are sometimes derided as frivolous (in this sense of meaning "excessive").
If a jury and a judge decided in favor of the plaintiff in such cases, the plaintiff's claim was not technically frivolous in legal terms, though it might be considered frivolous colloquially. Because of the ambiguity in the term, calling these lawsuits "frivolous" can lead to confusion because opposite sides of the tort reform debate can both say they oppose "frivolous" suits, with the tort reform supporters referring to the colloquial understanding, and tort reform opponents referring to the narrower technical definition.
The typical definition in United States law is very different from its colloquial or political meaning. United States courts usually define "frivolous litigation" as a legal claim or defense presented even though the party and the party's legal counsel had reason to know that the claim or defense had no merit. A claim or defense may be frivolous because it had no underlying justification in fact, or because it was not presented with an argument for a reasonable extension or reinterpretation of the law, or because laws are in place unequivocally prohibiting such a claim (see Good Samaritan law).
In the United States, Rule 11 of the Federal Rules of Civil Procedure and similar state rules require that an attorney perform a due diligence investigation concerning the factual basis for any claim or defense. Jurisdictions differ on whether a claim or defense can be frivolous if the attorney acted in good faith. Because a frivolous defense or claim wastes the court's and the other parties' time, resources and legal fees, sanctions may be imposed by a court upon the party or the lawyer who presents the frivolous defense or claim. The law firm may also be sanctioned, or even held in contempt. Frivolous litigation
Index Finding good lawyers is difficult.
job of an attorney Once admitted to practice by the highest court of a state (a function sometimes administered by the state's bar association), an American attorney may file legal pleadings and argue cases in any state court (federal courts usually require separate admission), provide legal advice to clients, and draft important legal documents such as wills, trusts, deeds, and contracts.
In some states, real estate closings may be performed only by attorneys, even though the attorney's role in a closing may involve primarily notarization of documents and disbursement of settlement funds through an escrow account.
Practicing law includes interviewing a client to identify the legal question, analyzing the question, researching relevant law, devising legal solutions to problems, and executing such solutions through specific tasks such as drafting a contract or filing a motion with a court.
Most academic legal training is directed to identifying legal issues, researching facts and law, and arguing both the facts and law in favor of either side in any case.
For several years, law schools have sent through far more students than new job openings have become available. This has often lead to attorneys (once they pass the bar) seeking work in other occupations, either by choice or by the lack of employment opportunities. This has led to a market in legal temps or contract attorneys, where attorneys spend a certain period of time working on tasks such as discovery for a case.
Judge A judge is an official who presides over a court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In common law countries, such as the United States, and those with roots in the Commonwealth of Nations, judges have a number of powers which are not known to exist, or are not acknowledged to exist, in civil law legal systems, which collectively make the judiciary a more powerful political force than in civil law countries. One of these powers is the "contempt of court" power. In a common law system, a judge typically has the power to summarily punish with a fine or imprisonment any misconduct which takes place in the courtroom, and to similarly punish violations of the court's orders, after a hearing, when they take place outside the courtroom.
Judicial Commission The Judicial Commission of New South Wales is a statutory corporation that provides continuing education to and examines complaints made against judicial officers in New South Wales, a State of Australia. The commission is headed by the Chief Justice of New South Wales and consists of the heads of each of the major courts in New South Wales plus community representatives. The commission is the only body of its type in Australia. Similar bodies are in existence in Canada, India and the United States. The work of the commission is split into two distinct areas. The first is a conduct division which deals with complaints about judicial officers. The other area is the educative function, which provides information on sentencing information, legal development and ongoing training for judicial officers. The commission marked a significant change in the legal system in New South Wales. It restored public confidence in the judicial system which had been rocked by a serious of scandals and allegations of misconduct in the early 1980s. The commission eliminated the political process from the removal of a judge from public office. Judges were no longer subject to the whim of the government of the day in whether they could be removed from office. Instead, the commission now provides a means outside of politics for the dispassionate consideration of misconduct by judicial officers. As one present judge has suggested, the commission has actually improved and safe-guarded independence of the courts. The model for a judicial commission has received support for introduction elsewhere in Australia. Judicial Commission
Judicial Complaint Each State has its own procedures for filing complaints against judges. All states require a written and signed complaint. Some states have a form for you to fill out. Other States request a letter. Grievances of misconduct usually concern issues of conflict of interest or impartiality. Adverse rulings or judgments are not considered legitimate grievances. You must support the complaint with sufficient documentation. Check the state web site to find the requirements for a judicial complaint.
mesothelioma Mesothelioma is a form of cancer that is almost always caused by previous exposure to asbestos. In this disease, malignant cells develop in the mesothelium, a protective lining that covers most of the body's internal organs. Its most common site is the pleura (outer lining of the lungs and chest cavity), but it may also occur in the peritoneum (the lining of the abdominal cavity) or the pericardium (a sac that surrounds the heart).
Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles, or they have been exposed to asbestos dust and fibre in other ways, such as by washing the clothes of a family member who worked with asbestos. Unlike lung cancer, there is no association between mesothelioma and smoking. mesothelioma
motorcycle A motorcycle or motorbike is a single-track, two-wheeled motor vehicle powered by an engine. Styles of motorcycles vary depending on the task for which they are designed, such as long distance travel, navigating congested urban traffic, cruising, sport and racing, or off-road conditions. In many parts of the world, motorcycles are among the least expensive and most widespread forms of motorised transport. Motorcycles must be leaned in order to turn. This lean can be induced by a method known as countersteering, in which the rider turns the handlebars in the direction opposite of the desired direction of turn. In other words, press forward on the handgrip in the desired direction—press right to go right, press left to go left. This concept is counter-intuitive and often very confusing to novices—and even to many experienced motorcyclists.[9]
Short wheelbase motorcycles, such as sport bikes, can generate enough torque at the rear wheel and enough stopping force at the front wheel to lift the other wheel off the pavement. These actions, if performed on purpose, are known as wheelies and stoppies respectively. If carried past the point of recovery the resulting upset is known as "looping" the vehicle. Different types of motorcycles have different dynamics and play a huge role in how a motorcycle performs in given conditions. For example, a shorter wheelbase would generally make a bike lean faster and would be quicker around corners compared to a longer wheelbase.[citation needed] Longer wheelbase on the other hand provides more stability in a straight line. motorcycle
Rules of procedure Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules are additionally constrained/informed by separate statutory laws, case law, and constitutional provisions that define the rights of the parties to a lawsuit (see especially due process), though the rules will generally reflect this legal context on their face. The details of procedure will differ from jurisdiction to jurisdiction, and often from court to court within the same jurisdiction. The rules are very important for litigants to know, however, because they dictate the timing and progression of the lawsuit — what may be filed and when to get what result. Failure to comply with the procedural rules can result in serious limitations in conducting the trial or even dismissal of the lawsuit.
Though the majority of lawsuits are settled and never even get to trial citation needed], they can expand into a very complicated process. This is particularly true in federal systems, where a federal court may be applying state law (e.g., the Erie doctrine in the United States) or vice versa, or one state applying the law of another, and where it additionally may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not, as a practical matter, even have the ability to enforce a judgment if the defendant's assets are outside their reach.
Lawsuits become additionally complicated as more parties become involved (see joiner). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants, who each can bring any number of cross-claims and counterclaims against each other, and even bring additional parties into the suit on either side after it progresses. However, courts typically have some power to separate out claims and parties into separate suits if it is more efficient to do so, such as if there is not a sufficient overlap of factual issues between the various claims. Rules of procedure
Supreme Court The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" of the Senate. Justices serve "during good Behavior," which terminates at death, resignation, retirement, or conviction on impeachment. The Court meets in Washington, D.C. in the United States Supreme Court building. The Supreme Court is primarily an appellate court, but has original jurisdiction in a small number of cases. Supreme Court
United States Attorney General The United States Attorney General is the head of the United States Department of Justice (see 28 U.S.C. § 503) concerned with legal affairs and is the chief law enforcement officer of the United States government. The Attorney General is considered to be the chief lawyer of the US government. The Attorney General serves as a member of the President's Cabinet, but is the only cabinet department head who is not given the title Secretary. The Attorney General is appointed by the President of the United States and confirmed by the United States Senate. He or she serves at the pleasure of the President and can be removed by the President at any time; the Attorney General is also subject to impeachment by the House of Representatives and trial in the Senate for "treason, bribery, and other high crimes and misdemeanors." United States Attorney General
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