The Court Of Public Opinion

Identity theft crimes are not new, but they have become more pervasive in the past decade. One of the most insidious forms of white-collar crime, identity theft is a federal offense under the Identity Theft and Assumption Deterrence Act. It occurs when someone deliberately assumes your personal identity to impersonate you in a legal sense. There are people out there who are malicious and want to mess your life simply because they can. Businesses and financial institutions that lose $52.6 billion each year are under tremendous pressure from consumers to tackle this problem.

Last year, identity fraud crimes topped the list of complaints reported to the Federal Trade Commission (FTC), the leading governmental agency offering identity theft help, for the fourth consecutive year. The FTC collects complaints about identity theft from consumers who have been victimized. Although the FTC does not have the authority to bring criminal cases, it can offer identity theft help by providing information to assist the victims in resolving the financial and other problems that can result from this crime. As additional identity theft help, the FTC also refers victims complaints to other appropriate government agencies and private organizations for further action. The support of these knowledgeable resources expedites recovery, while enhancing your peace-of-mind.

Accurate and up-to-date information is the most critical element to minimize risk. For this reason, Federal Trade Commission recently launched an identity theft help web site annualcreditreport.com where all consumers are eligible for a free copy of their credit reports. In order to effectively respond to suspected ID fraud you should place an identity theft alert in one of the three consumer reporting agencies and that agency will notify the other remaining two. These agencies are: Equifax at 1-800-525-6285, TransUnion at 1-800-397-3742 and Experian at 1-800-680-7289. These credit reporting agencies can also be found online.

The ID Theft Clearinghouse managed by the FTC is a tool designed to coordinate law enforcement efforts in the United States. But, in the end, local law enforcement agencies like the police and district attorney end up dealing with most identity fraud cases. If you have been a victim of identity fraud, it’s these local agencies that will mostly likely offer identity theft help.

It would also be a good idea to study some of the different methods of identity theft so that you can effectively combat them. Do things like shredding your important documents with any account information or identifying information.

Keith Londrie II is a well known author. For more information on Identity Theft, please visit Identity Theft for a wealth of information. You may also want to visit keith’s own web site at http://keithlondrie.com/

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Since the days of Upton Sinclaires The Jungle, workplace injury law has improved to protect workers and repay them for injuries incurred at work. Departments like the Occupational Safety and Health Administration (OSHA) have been developed to monitor working conditions and maintain a benchmark level of safety for workers. Not only is your employer responsible for providing a safe workplace, they must support you when you suffer injuries on the job site. OSHA penalizes companies for dangerous working conditions. These are some very strict regulations, and it is a good idea to contact a lawyer if you mean to hold your company responsible for injuries youve suffered.

Since its inception in 1971, OSHA has helped to cut workplace fatalities by more than 60 percent and occupational injury and illness rates by 40 percent. In the past, workers had to fend for themselves. People working in dangerous industries were not paid when they had to take time off for injuries, even when the injuries happened at work! These employees who took on extra risk by working difficult and dangerous jobs were not necessarily paid more, so it was often the marginalized members of society such as recent immigrants who were forced to risk their lives daily just to get by. Modern standards, such as those established by OSHA, seek to make this abuse a thing of the past.

Workplace injury and abuses still occur, however, especially if you dont know your rights. If you have been injured at work because your employer has not provided appropriate safety measures or you have suffered a workplace injury and were subsequently laid off or not paid for your recovery time, contact a lawyer right away.

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My mom told me she has a living will. That way she’s going to avoid probate

I can’t tell you how many times I’ve heard this when a new person finds out I was a living trust lawyer.

They go on to say, She got one of those forms at the seniors’ center. You know, the one she can fill out herself. They even witnessed it for her.

I hate it when this comes up, because I have to set the record straight, I have to let the person know that a living will and a living trust are two different instruments that serve two different purposes.

One, the living will, is your statement that If I am terminally ill or mortally injured (I’m using simple language here to get the point across), then don’t hook me up to life support that will never return me to life. It’s the issue that’s currently being fought in Florida, with Governor Bush signing a law to keep a woman alive over her family’s wishes and a court ruling.

Her living will has nothing to do with avoiding probate. It is a health care document. Really it should be called a death desire, but our society can’t handle that bluntness.

A living trust, on the other hand, IS a probate avoiding document.

Basically, probate is used to transfer property you own when you die. If you have a will, your executor uses the probate court to carry out the terms of your will. If you die without a will, the laws of your state has statutes that describe where your property goes and who is in charge of getting it there.

So, if you don’t own any property when you die, then (generally…there are always exceptions) there is no need for probate.

This is where the living trust steps in. It called a living trust because it is created while you are living.

When you create a trust, you transfer title to your property to the trustee of the trust. You, as an individual, no longer own the property.

So, if you die, no probate is needed (remember, there are always exceptions), since YOU don’t own the property. The property is owned by the trustee of the trust. The trust instrument instructs him/her on what to do with the property upon your death.

A living trust is a LOT more complicated to set up and maintain than a living will. They accomplish different tasks.

So, when you hear that a loved one has a living will to avoid probate, it might be smart to ask a few questions.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

Phil Craig, All Rights Reserved

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

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Identity theft (ID theft or identity fraud) is the deliberate appropriation of an individual’s personal information to impersonate that person in a legal sense. Stealing someone’s identity enables the thief to make a frightening number of financial and personal transactions in someone else’s name, leaving the victim responsible for what might turn out to be a mind-boggling turmoil in his or her life. The Federal Trade Commission (FTC) keeps records on identity theft, and, not surprisingly, the number of incidents reported increase each year. The recent identity theft statistics reveal that ID theft affects as many as ten million Americans each year! According to FTC’s identity theft statistics, the losses to businesses and financial institutions total nearly 53 billion dollars annually.

These identity theft statistics further reveal that the most common types of ID thefts are credit card frauds, communications services fraud (such as opening a cell phone or a utility services account using someone else’s information), bank fraud and loan fraud. For years, the primary cause of identity theft has been good old-fashioned or low-tech analog crime. Impersonators rummaging though mailboxes, snatching purses or searching the garbage for discarded bank statements or credit card receipts. Rapid advances in technology have seen a plague of sophisticated phishing attacks. Identity theft statistics expose phishing as the most dangerous of all ID thefts that uses both social engineering and technical subterfuge.

Phishing can have serious financial consequences. In a phishing attack, the victim is sent an email that appears to be from a bank or other financial institution. The victim is then told to click a link and verify his/her account information or supply personal identity data. The link appears to be a legitimate site, but is in fact a scam. The moment he/she enters sensitive data, the identity thief gains access to account information and can empty the bank account. Phishers can also take out credit cards in the victim’s name, steal ISP account information and do other financial damage. In its latest report on identity theft statistics, the research group Gartner says that close to 60 million Americans reported receiving a phishing email, and 1.7 million people have been victims of identity theft, which cost banks and credit card companies $1.2 billion in losses.

You must take steps to protect your account information, social security numbers, passwords, etc. Now. Always memorize and shred important documents that you are discarding. Don’t simply throw these types of documents away!

Keith Londrie II is a well known author. For more information on Identity Theft, please visit Identity Theft for a wealth of information. You may also want to visit keith’s own web site at http://keithlondrie.com/

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In this article, we shall study the type of the Qalts and their punishments as has been provided in Pakistan Penal Code 1860; when the right of Qasis can be exercised in qalt-i-amd, what are evidential standards of the enforcement of Qalt-i-amd as Qasis, who can exercise the right of Qasis and what case in which Qasis can not be enforced? When criminal court can award punishment as Diyat and Tazir?

Types of Qalts defined in PPC 1860
The following are Qalt has been defined in Pakistan penal code constituting the offence of Qalt.

Qalt-i-Amd

Whoever commits the intentional or premeditation plan of death of person or cause body injury to person intentionally by doing which is in ordinary course of life can cause death, or with the intention and knowledge which he could visualize that act will cause the death of person. The element of probable foresight of that act or omission will probable death, he said to have committed the Qalt-i-Amd.

The accused can only be held culprit if the injury is direct result and consequence of his death and the action or omission is an intentional murder which falling under definition of section 300 of PPC 1860. Ingredient of the offence are felonious and an injury causing the death. Mere the provisions of the law are not sufficient for constitution of the offence, and implication of the accused.

The provision of 300 has provided for the murder of offence which are exclusively are falling under the provision of Qalt-i-Amd and have contemplated by offender with intention and knowledge. Any qalt which is committed under the Ghariat or sudden provocation caused by outcome of any event is also falling under definition of intentional murder. The charge of common intention to murder in pursuit of a family vendetta at such stage as to whose shot proved fatal.

The qalt-i-amd is punishable as Qasis, and if evidential standard is not fulfilled than punishment as Tazir up to twenty five years imprisonment .

Qalt-i-shibh-Amd

Whoever intentional causes death of human being which is not in ordinary course life causes the death said to have committed Qalt-i-shibh-Amd, when no as such weapon is employed. That act or omission is not often regarded as probable consequence of death. It is question of medical science to determine the fact rather employment of weapon has caused the death of that person as result of hit or striking of weapon on the body of person. The direct consequence of death as result of the weapon used to cause the death of that person is ultimate principle of criminology for putting criminal liability on the person for commission of the offence of Qalt.

Non-production of most natural and independent witness of occurrence only leads to presumption that Qalt-i-Shabh-amd has been committed. The section is applicable to circumstance where the fighting has taken place out of sudden impulses without premeditation causing the death of human being and means or weapon used by offender do not cause the death of human ordinary course of life. The qalt shibh-i-Amd shall be liable to tazir and also imprisonment as for description of term which may be extended over to fifteen years.

Qalt-i-Khata

When any act or omission is done which is caused by mistake of fact causes the death of human being without any intention or knowledge said to have committed the qalt-i-khata. The act must be mistake of fact not mistake of law and foresightedness of the person is important element in determination of the criminal liability. The provision of the section shall only be applicable to the action or omission which is done under sudden mistake of fact. The action which are done without premeditation or intention or having foresightedness cause the death of human can be placed under the provision dealing with Qalt-i-khata.

The Qalt-i-khata has no relevance with the provision of the act which is done under sudden provocation. The qalt-i-khata is liable to diyat but if the commission of the Qatl-i-khata is committed under rash act or negligence the addition punishment has provided for commission of such type of offence under 320 of PPC which may extend over to ten years.

Qalt-bis-sahab

When any person without having intention of causing death of person or harm or any act which become the cause for death of another person said to have committed Qalt-i-Sahab. The qatl-bis-sahab is murder without intention on the part of the accused, with the weapon or instrument which is neither regarded as the instrument nor weapon. The element of unlawful must be there for constitution of the offence under heading of Qalt-bis-sahib. The accused should not have any intention or motive or premeditation plan for commission of offence and the circumstance evidence must negate the intention of the accused. The punishment of Qalt-bis-sahab is provided in section 322 which is liable to diyat.

Qalts committed under compulsions

It death caused under putting person instant fear of death or permanent impairing the organ with knowledge and foresightedness that act or omission constitute the commission of offence under section 303 of PPC 1860.

Qasis

Qasis means punishment by causing similar hurt at same part of the body of the convict as has caused to victim his death if he has committed Qalti-Amd in exercise of the right of the victim or a wali. The punishment of similar hurt at the same part of body of the convict as he has caused to the deceased which has caused his death. The right to exercise that right is vested in wali. It is aim to cause similar hurt at the same part of the body of the convict as far as possible keeping in view the opinion of the authorized medical officer according to the physical condition of the convict.

Right of Qasis in Qalt-i-Amd

The right of Qasis is vested on the Wali of the deceased, and if there is no Wali then the right to exercise the Qasis is vested in government. In the case of minor or having no father, the right of Qasis is vested to paternal grandfather has the right of Qasis against the accused.

Exemption from enforcement of Qasis for qalt-i-amd

Qasis for qalt-i-amd shall not be have effect or legal enforce in following cases namely, when offender dies before the execution of the Qasis, when wali, voluntary and without duress to the satisfaction of the court waive the right of Qasis under section 309 or compound under section 310 and when the right of Qasis devolves as the result of the death of the Wali or on the person who has no right of Qasis against the offender, but the right of Qasis will vest on government to waive the offender, the government means appellate power vest in President of Pakistan to forgive the offender. The criminal court can not exercise this right, the criminal court only have to exercise his power under the penal provision to pronounce the judgment under given circumstances.

Proof of qalt-i-amd liable to Qasis

The proof of qalt-i-amd liable to Qasis shall be in any of following forms, namely when the accused make true and voluntarily confession of guilt before the court of his commission of offence and when the evidence has been forwarded against the accused fulfilling the requirement provided in article 17 of Qanune-shahadat, 1984.

Evidential standards for Tazkiyah-Al-Shuhood as provided in Qanun e-shahadat, 1984

There are following evidential standard have to be fulfilled by witnesses forward before the court of law on side of Defendant. That evidence must be supported by two witnesses; in the case of discrepancy between them, the evidnce must be rejected. There should be one or more muzakki who may testify the truthfulness of the accused.

Execution of Qasis

There is important condition for the execution of the Qasis is that, the wali or his representative should be present there at the time of execution of convict. The execution of the Qasis can be suspended if the convict is pregnant woman till the two year after the birth of child. Qasis in Qalt-i-amd shall be executed by a functionary of the government by causing death of the convict at direction of the criminal court. If there is pending appeal before the appellate court, the execution of Qasis shall be subject to the order of the appellate criminal courts.

Punishment as Diyat

The diyat means the compensation awarded to the accused as punishment for commission of the offence specified in section 323 of PPC payable to heir of the victim. The value of the diyat should no be less than the value of thirty thousand six hundreds and thirty grams of silver. In cases of Qalt-i-Amd, diyat can be awarded where the offence committed is proved to be not liable to Qasis or where the Qasis is not enforceable. The consideration in such cases is badl-e-sulh as laid down in section 310 Of PPC 1860.

In the following cases the right to get the diyat shall be vested on the victim. When the commission of the offence is falling in definition under the section 306 and 307 are not liable to Qasis, section 312 Qalt-i-amd after waiver or compounding of Qasis, the section 315 Qalt shibh-i-Amd, the section 318 Qalti-khata and the section of Qalt bis Sahab.

The amount of diyat is to be disbursed amongst the heir of victim according to shariah. In case where an heir forgoes his shares it shall not be recovered. It can be ordered to be paid in lump sum or in installment by the offender; it is the discretion of the court. The offenders default pay the amount will be liable to imprisonment.

Punishment as Tazir

When evidential standard as provided in PPC and Qunun shahadat order 1984 is not available, the court can award the punishment in Tazir for commission of offence of Qalt. It includes punishment of imprisonment, forfeiture of property and fine. Award of Tazir has been left at the discretion of the court which must be exercised in a judicial manner and according to the facts and circumstances of the case.

Summary

The following kinds of qalts have been defined in Pakistan Penal code, the Qatl-i-Amd, Qalt-i-shibh-Amd, Qalt-i-khata and qalt bis sahib. Only Qatl-i-Amd is liable to Qasis and other qalts are either punished as tazir or liable to diyat. The right of Qasis vests in Legal wali of the deceased and he can compound and waive the right of Qasis.

The Qasis is subject to fulfillment of evidential standards of Tazkiyah-Al-Shuhood as provided in Qanun e-shahadat, 1984. Diyat and Tazir are awarded to offender as punishment of the commission of qalt.

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Financing a lawsuit provides monetary help when a person seeks legal remedy in a court of law, and does not have the finances to bear the expenditure. The expenses covered by lawsuit financing companies include attorney fees, medical bills, health care, rent and mortgage, food etc. Cases funded by lawsuit firms include personal injury, workers compensation, motor vehicle accidental injury, wrongful death, medical malpractice, product liability, breach of contract, fraud and others.

However, this should not be mistaken for a loan, as it is non-recourse. That is, the client does not have to repay the amount if he or she loses the lawsuit. The risk is undertaken entirely by the companies. A loan, on the other hand, usually has a definite payback schedule within a fixed period. As there is no way of determining how long a case will run, there is no rigid schedule of repayment followed by lawsuit financing companies.

These companies usually lookout for cases that have a strong chance of winning, in order to reduce the risk of losing money. They have an in-house attorney who studies cases, and decides which of those are more likely to win. Subsequently, they fix the amount that is to be provided to the client, according to his or her needs.

There are basically three types of funding:

1. Pre-settlement funding:

Companies provide funds before the verdict is announced. These are generally provided when the client, due to some injury or some other reason, cannot work and earn money to pay the fees. If however, the verdict goes against the client, the company does not retrieve the money.

2. Post-settlement funding:

Firms give money only after the lawsuit is settled. In such cases, however, they do allow partial advances.

3. Attorney Loans:

The firms directly provide the attorney a long-term credit that will take care of all the expenses incurred.

However, before accepting help from such companies, it would be wise to consider the terms of repayment, and options available. The terms include the flat fee and the recurring fee. One should make an exploratory survey of different companies, and choose the one that is the most suitable. However, the chances of getting such funding would be negligible, if a case has a higher probability of losing, because lawsuit-financing firms scrutinize each case very carefully before providing help. Generally, this kind of service is provided to only those whose attorneys are ready to bear the huge expenses, which the client cannot provide.

Some clients are often compelled to obtain lawsuit financing at a high cost. For example, they may either need to pay their medical bills, pay the rent or mortgage, or avail of health care facilities. If there is no other source of income, lawsuit loans are often the best option. It is advisable to involve your attorney in processing a lawsuit loan, since he or she may be able to find you a funding company that offers the best terms. An attorney will also be able to help you review the contract before you sign up with the lawsuit funding company.

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