Archive for the ‘Supreme Court’ Category

The Nature Of The Trucking Industry

Sunday, April 11th, 2010

Trucking firms are the link between the consumer and manufacturers. These trucking companies are contracted by businesses to pick up goods, transport them, and deliver a wide variety of products that we as consumers rely on all the time. In the United States, some goods will travel cross-country, short distances, or even to long distances as Mexico or Canada. Each of these steps is carefully orchestrated so that the trucks arrive just in time to ship the goods off to their designated destinations.

By law, drivers are not permitted to drive after logging 60 hours within a weeks time or 70 hours in the past 8 days. They are only permitted to do so, if they have taken at least 34 consecutive hours off duty. Unfortunately most drivers, particularly on long runs, will work close to or go over the maximum time permitted behind the wheel. They will travel at night, on holidays, and on weekends to avoid traffic delays just so they can deliver their cargo on time. There are also rules that govern the maximum size and weight of vehicles in the United States. The D.O.T. has established that trucks must be 102 inches wide, 13.5 feet in height, and 80, 000 gross weight.

There are a variety of working conditions that drivers will go through on their route. Variable weather, traffic conditions, boredom, and fatigue all come into play when they travel from state to state. Safety is a major concern for truck companies and the government has placed strict regulations that every driver must adhere to. Efforts are underway to standardize training programs to make drivers more efficient. Yet with all these rules and regulations in place, experts say that 4% of all victims of traffic related injuries and 12% of all traffic related deaths involve an 18 wheeler truck.

If you or a loved one was involved in a major accident caused by a tractor trailer, you should contact as 18 wheeler accident lawyer as soon as possible. An 18 wheeler accident lawyer will know how to effectively pursue legal action against both the truck driver and the trucking insurance company. 18 wheeler accident lawyers will seek compensation for medical bills, property damage, lost wages, and suffering caused by your accident. An 18 wheeler accident lawyer has the experience and detailed knowledge of the law to lead the investigation into the cause of the accident and will help you to collect the maximum amount of compensation allowed under law.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

Business and Company Registration in Thailand

Saturday, April 3rd, 2010

In the Kingdom of Thailand, registration as well as conducting of business is governed by a number of laws. Some of the most popular forms of business set ups in Thailand are sole proprietorship, partnership business, joint ventures, branches of foreign companies, and limited companies including public limited companies and private limited companies.

A sole proprietorship is a kind of business set up that can be owned by only one person with unlimited liability. This type of set up is subject to certain kinds of legal actions. Unless included under the United States-Thailand Treaty on Amity and Economic Co-operation, a foreigner is not permitted to start a sole proprietorship business in Thailand.

When comes to partnership business, Thailand allows three types of business such as unregistered ordinary partnerships, registered ordinary partnerships, and limited partnerships. Since it is not promoted by the Board of Investment (BOI), partnership business is seldom operated by foreign investors.

A public limited company in Thailand offers shares for sale through the Stock Exchange of Thailand (SET.) But, a host of legal requirements must be complied with the Public Limited Company Act for starting a public limited company. For instance, half of the promoters must be Thai nationals and there must be at least 15 promoters for the Memorandum of Association.

Private limited companies are the most popular type of business set ups in Thailand. A foreigner can easily set up a private limited company. However, according to the Foreign Business Act, there are certain businesses that cannot be started by a foreigner on a majority basis.

Laws pertaining to the establishment of a private company in Thailand are governed by the Civil and Commercial Code, the Revenue Code, and the Accounts Act. Private limited companies are akin to western corporations and are regarded as one of the most prominent vehicles to set up a permanent business in the country. Establishment and registration of a private limited company involve certain important steps.

Foremost is the reservation of corporate name for your company. However, the name you have chosen or reserved for your company should not be same or similar to the corporate name of other companies. According to the law, certain names are not allowed as the company name. One can lean guidelines provided by the Commercial Registration Department in the Ministry of Commerce for reserving a company name. Filing of Memorandum of Association with the Commercial Registration Department is the next step in the incorporation of a private company.

Memorandum of Association must include the company’s reserved name, location of the company, business goals, share capital amount as well as how it is divided, and names of seven promoters who sign this document. Once the Memorandum of Association is registered, a government fee of about 0.5% of the registered capital must be paid. Then, a statutory meeting of all shareholders must be convened, in which the bylaws as well as articles of incorporation are approved and the board of directors and auditors are selected.

After this, the directors must file their application for the establishment of the company, within 90 days from the date of the statutory meeting. When the application is filed, a government fee of Thai 5,000 baht, which may go up to a maximum of 250,000 baht, must be paid. It is mandatory that within 60 days of the incorporation of the company should register for income tax and receive a tax ID card and a number for the company from the Department of Revenue.

Above all, once the company is incorporated and has successfully started its operation, it is required to maintain accurate books of accounts as per the Accounts Act, the Civil and Commercial Code and the Revenue Code. Accounting documents can be prepared in any language, however with a Thai translation.

Company formation and registration in Thailand offer some obvious benefits. One of the prime advantages is that the law does not entail any minimum capital requirement for establishing a business set up. Another benefit is that the Board of Investment (BOI) of the country renders a multitude of incentives to promote and encourage company formation in Thailand. As it is a founder member of the ASEAN (Association of Southeast Asian Nations), the country provides access to a prospective ASEAN market.

A myriad of specialist consultancy firm coupled with the services of attorneys are in the scenario to help you with the processes involved in company incorporation and registration in Thailand. They help you deal with a number of activities pertaining to the registration of company such as selection of appropriate company name, financial consulting, legal consulting, drafting company by-laws and business objectives, preparation and filing of the Memorandum of Association, registering Corporate Tax and VAT, creating company logos and seals, and more.

For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture.

Avoiding Discrimination Lawsuits

Wednesday, March 31st, 2010

Sometimes its very difficult when you have a business to know what is going to rub someone the wrong way when you are advertising or writing descriptions of the products you sell. Its easy enough to make the mistake of attempting to describe a product as one that will appeal to certain groups of people and causing others to feel you are discriminating. Cosmetics and hair products that are designed for hispanics and blacks are the most common. Sometimes its difficult to know how to write a description of a product without offending someone, so you must be very choosy with the words you use.

Besides, advertising employment is another area that faces discrimination lawsuits on a regular basis. Although some of the cases are valid, most are frivolous cases that involve a disgruntled employee who has been overlooked for a promotion or has been reprimanded for job related issues and is looking for something to justify their anger. Employers have to be very careful today to make sure that any time they have dealings with a minority employee over promotions or job performance, they have the documentation to back up their decision.

For example, if you have a choice between a black and white employee for a promotion and they are equally qualified, do not use seniority as an issue if that is not your customary policy. In this case, to avoid a potential lawsuit, you must look at other issues such as punctuality, loss of time, production standards if applicable, ability to work well with others and overall attitude. Although you may believe that because you own your own store, you can choose your customers, that is only partially true.

If someone comes in to buy something and is belligerent and unruly, you have the right to ask him or her to leave but on the other hand, you cannot refuse to sell to someone because of his or her race, religion or national origin. You can not put a sign in your window that says you refuse to serve certain groups of people. If you own a bar, you can refuse to serve people who are already intoxicated but you can not refuse to serve Italians for example. On the same score, you can not remove blacks that become unruly while letting whites stay no matter how boisterous they become. The rules you make must pertain to everyone or you open yourself up to a lawsuit.

On the other hand, that does not mean you can not open a hair salon that is predominantly for black women as long as you do not refuse service to other groups who may wish to use that shop. After all, some women from other ethnic groups may wish to use the shop just for a hair cut or style without needing the special treatments that the texture of a black womans hair needs. Its important to understand all of the issues surrounding potential discrimination lawsuits in order to avoid them.

Obinna Heche. Los Angeles – California

Delivering the best home based business ideas and
opportunities so you can work at home successfully..
http://www.home-incomeportal.com

How To Use Available Legal Forms

Monday, March 29th, 2010

The use of legal forms is necessary in most business environments and varies according to the purpose for which they are intended. Using prepared legal forms is beneficial to both small as well as large companies. There are numerous, simple legal forms that deal with everything from minor issues such as issuing a bill of sale or health care directive or there may be more complex legal forms for more complex issues such as those related to stock issuances and bankruptcies.

It is not always necessary to file the legal form in court in order for it to be legally binding. A number of personal forms such as wills and trusts can be completed at home and do not require much more than a notary public notarizing them to make them legally recognized documents. Traditional legal services certainly cost a lot of money. A lawyer may charge as much as several hundred dollars an hour to fill out a few simple forms that one could have easily purchased and completed on their own at a mere fraction of the cost of hiring a lawyer to do the same work for you.

It is not wise to undertake legal activity lightly and one should exercise care and use legal guides to assist with the preparation of all legal forms. For more complex transactions having a lawyer review your self-prepared document is a great way to get professional approval of the legal form while also saving money and time.

Legal forms run the entire gamut of legalese that includes every imaginable kind of legal issue such as bankruptcy, contractual agreements, incorporation of companies, credit forms, divorce forms, employment forms, bill of sale, buy sell agreements and a lot more. Sometimes, the forms need to be prepared, reviewed, and filed, which usually entails additional costs.

Legal form boilerplates, business forms, templates, plans and processes are readily available in the market and finding them should not pose any problem. For a few dollars one may obtain completely researched and well formed legal forms boilerplates, business forms, templates, plans and processes. There is no need for researching and creating one from scratch as buying these documents provides an avenue for obtaining comprehensively created solutions that have been drafted by professionals and are suited for all manners of use in all states and countries.

Spend a few dollars and one could reap great benefits in terms of time, money, and risk.

Wade Anderson is a CPA and operates DigitalWorkTools.com

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Supreme Court Abortion Decision

Sunday, January 3rd, 2010

After much deliberation and discussion, the Supreme Court has returned a critical strike to the core of women’s rights in the abortion arena. The court in a 5-4 decision banned a medical procedure known as a partial-birth abortion or Dilation and Extraction. This abortion procedure was performed after the 20th week of pregnancy. While the pro-rights crowd is naturally upset over the ban, they are horrified over the fact that there are no exceptions to the ban that would enable a doctor to save the life of a woman if it was medically necessary to perform the procedure.

Doctors can face up to 2 years in prison if they are convicted of performing the procedures, which will greatly limit the numbers of doctors performing the procedures and likely increase the number of states placing bans of the entire abortion procedure as well. The decision came from a split Supreme Court, with two of the justices being hand picked by Bush himself. This is a cause of great concern, suggesting that the Supreme Court has turned into a very conservative place, despite the lack of support for Bush and many of his ideas and practices on a broader level. The Supreme Court’s involvement in politics is usually noted, but given the gravity of this decision it is clear where certain allegiances lie.

Is the Supreme Court really following the wishes of the majority, do they really have the legal right to determine that a medical decision can or cannot be performed? The anti-abortion camps in the GOP are happy following the decision and are busily looking for more ways to put a damper on the rights of women in regards to abortions. How will this decision be regarded when it comes election time, and the Presidential elections come around? What about the midterm elections next time they are scheduled?

Many people are left to wonder if the Supreme Court decision is truly a legal decision, or nothing more than a very carefully selected group of ultra conservative judge’s who are following Bush’s wishes and desires in regards to the case. The case was sitting before a panel of judge’s who seem to thrive off of the acceptance of Bush, and Bush was noted as being encouraged by the ruling and declaring it as a victory for his administration.

The court defended its decision by saying that it was doing nothing more than drawing a line between abortion and infanticide. There is a difference between killing a child, or an infant, and an abortion. One of the most notable differences is that a child or infant is not considered an infant until the first breath of air is taken into the lungs. An abortion does not allow the infant to take that first breath of air, therefore, removing the term infant from their being.

While it is noble that the Supreme Court is looking and seeking to protect all forms of life, they should also concern themselves with the lives of the mothers who carry babies, who should not be allowed to continue to term for medical reasons. There are numerous women each year who become pregnant who are unable physically to carry a child to term, and must abort the child, or risk their own life. What has the Supreme Court done in order to protect those mothers, or improve their quality of life?

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