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Archive for November, 2008

Importance and Necessity of Legal Translations

November 26th, 2008
Armando Riquier asked:


In this growing era of corporate globalisation, many companies are bitten by the legal bug requiring them to submit translation of a particular legal document. But writing an expert legal translation of a document may be an uphill task for a layman.

There is, therefore, an urgent need to understand the nuances of a contract and the possible interpretations that may be given to its individual clauses. To get one’s job done properly, one should always rely upon translators who are equipped enough so that we do not fret and worry about the quality of the final product. The importance of precise translations of legal documentation has become all the more necessary, in this present age, when we are always pressed for time. There are many translation services providers who provide expert legal translators who are able to meet strict deadlines without sacrificing on the quality of the end product.

When it comes to translating contracts, patents, and legal documents the ‘precision of terms and concepts’ is utterly crucial. The subject matter is usually delicate and large sums of money are often at play. Therefore, it is important that the text is entrusted to a person of proven expertise. Legal translation services, on request, can also be sighted and certified by any court of law. One can also issue nondisclosure agreements for each individual project, although all information are generally treated with confidentiality by reputed firms. There are also in-country experts, who understand the language of the law in the target country.

Affordability factor of legal translation – Internal cost management issues become increasingly important to control expenses and save wherever possible. Translation fees can make up a large part of a company’s legal bills. That is why, it is important to find out where one can get legal professionalism combined with the modest rates of a translation.

Many of the legal firms also prepare, on request, a free quote for the translation of a given document. For the convenience of the clients, many firms also use the latest multimedia technology and software, which provide prompt results directly to your laptop/office/fax in an electronic format.

Many of the firms also conduct a thorough checking and proofreading by a project manager with extensive legal, commercial and/or financial experience to deliver best quality translations.

The importance of an impartial, professional legal interpreter can never be undermined. Experienced legal advocates, operating in a variety of fields at a number of locations- from court hearings to client meetings are the order of the day.

Experts in this field specialize in the translation of the following legal issues-

-Affidavits.

-Letters of intent .

-Powers of attorney.

-Minutes of meetings .

-Confidentiality agreements .

-Financial statements and banking documents .

-Patents and applications for patents .

-Articles of association.

-Commercial Contracts

-Patent Applications

-Copyright Registrations

Trademark Applications

-Licensing Agreements

-Tenders

-Applications/Appeals/Court Decisions

-Trusts

So, if one is trying to get rid of his/her legal woes, it makes sense to get in touch with extensive repertoire of translators specializing in legal matters outlined above and be assured of conveying his/her legal message on a global scale with full confidence.



Kathryn

Legal issues , ,

Prepaid Legal Service-What Do They Offer and is the Service Worth the Price?

November 25th, 2008
George Mitchell asked:


What is the Prepaid Legal Service, and why is this company so popular today? Prepaid legal is well known for the business opportunity and the many people that are making serious money selling the services.

However, many aren’t aware what they actually do. Here is a quick review of this to help you better understand the company, and if you want to get involved selling the services yourself.

Prepaid Legal sells legal insurance, so instead of risking those huge legal fees that occasionally come up even more for simple tasks, you just pay a small monthly fee and you don’t have to worry about it. At least, that’s what the company claims.

Instead of going without legal help in an emergency, as many people do, going with Prepaid Legal enables you to get a top lawyer for less than one dollar a day in some instances, which certainly sounds like a very reasonable price (although I will explain shortly why you probably won’t save any money with this).

One thing to keep in mind is that, even if you don’t have to use the lawyer’s service for a given month, you still have to pay the fee. The lawyers are available to help you with all different kinds of topics, including minor things such as speeding tickets.

Just about any legal help you need, you can get with the assistance of Prepaid Legal Services Inc. All you have to do, whenever you have a legal question, is ring them up and ask them whatever you need, and they will tell you what needs to be done. Assuming you are paying the monthly fee, you have access to them.

Your amount of phone calls is limited by the amount you are paying, and some plans enable you to have more than others. Also, the more you pay, the more expensive legal fees that are covered.

The basic Prepaid Legal Service only cover the absolute bare bones legal problems, whereas a higher monthly cost will enable you to have access to lawyers for pretty much anything.

However, while legal insurance sounds awesome and like you will save a lot of money with it, don’t be fooled. The reality is, while in some instances it can save you money over the short term, if you have a high priced legal issue, for example, by far more often than not you will lose out long term. Most people simply don’t use lawyers enough to make legal insurance worth it, despite what the companies claim.

Sure, spending thousands of dollars for one legal fee is no fun at all, which you sometimes have to do for larger problems without insurance. However, over the course of the time you have a prepaid legal service, you will likely spend more than that, as those monthly fees can really add up.

Even the more basic plans are not usually worth it for most people, and the only way they would be is if you plan on having a lot of legal expenses for the near future.

Therefore, don’t believe just anything you hear about them, because remember, in case you aren’t aware of it, the company has a wide range of distributors selling their legal fees. Oftentimes the person describing them will be a distributor themselves, so they obviously have a vested interest in whether you buy or not.

In my opinion, legal insurance is one of those things that you probably won’t need in all likelihood, right up there with pet insurance. I would recommend you stay away from the Prepaid Legal Service unless you really plan on using your lawyer a lot in the coming months or years.



Willam Black

Legal issues , ,

National Youth Service Scheme: Incorporating Ube Into National Unity

November 21st, 2008
owomero stanley asked:


INTRODUCTION

When general Yakubu Gowon established the NYSC by the decree 24 of May 1973, its primary aim was to promote the ideals of national unity and a sense of common destiny among Nigeria and eliminate mental suspicion and mistrust that has been engendered by the civil war, however it is high time the scheme had a face-lift, if not a new face in its entirety, with calls from different quotas on the president or who ever is in charge to to evaluate/audit the scheme, the president  has promised an overhauling of the scheme, in my own opinion I think the overhauling should be that which will involve the real  stakeholders in the business of NYSC, that will involve corp members, both serving and past, parents, educationist and community leaders, traditional rullers and employers of labour. In this meeting the NYSC’s objective should be examined critically and rephrased. Wordy of mention is the set and existing objectives which are



promote unity and national integration

raise the moral tone of the youths by exposing them to higher ideals of national building

promote even national economic development/mobility of labour into less developed areas

encourage employers to employ Nigerians irrespective of their background or ethnic group



having considered all this it will be of great benefit, if we examine how the scheme has performed/fared since its establishment.

 

NYSC IN RELATION TO NATIONAL SERVICE IN OTHER COUNTRIES

Nigeria – Service of one year in the National Youth Service Corps is compulsory for all university and polytechnic graduates below the age of 30, with exemptions for service in the armed forces, police and graduation with honors. 85,000 were enlisted in 1998/99. The program was founded in 1973 following the civil war to promote inter-ethnic group understanding by serving outside their home states and to contribute to the country’s development. 70% of corps members serve in schools; health clinics and other projects absorb the balance. One day each week all corps members are expected to participate in community service projects that are designed by the local communities where they serve.

Looking at the scheme in Nigeria, let’s consider what it looks like in other countries first are those in which it is mandatory for youth with certain qualities will participate, then those that require voluntary participation.

Programs in which certain categories of young people are required to participate:

 

Israel - A nearly universal military National service exists, and has been an important social welfare institution as well as defence force since the country was established (exemptions for ultra-orthodox Jews and for Israeli Arabs and religious women who serve in alternative service programs). Men serve for three years; women for two years. Government will establish a pilot for a non-military national service program for any Israeli who is exempted from military service for any reason (May2000) to address inequities in who serves in the IDF, e.g., Arab-Israelis are 20% of population. National service opportunities also exist through the Kibbutz movement and several Israeli Youth  movements, although participation in these programs does not replace military service. Current military force averages 500,000 out of total population of 6 m.

 

Mexico – All university students must participate in the University Servicie Social program in the last third of their academic programs to receive their degrees. This program was established by law in 1944 to apply the resources of universities to the National goal of eliminating poverty. All medically trained professionals must serve in disadvantaged communities for one year before they can be licensed. In 1996 conscripts were given the option of either serving in the army or in one of three national service programs involving adult literacy, social work and sports promotion. NGOs and

government youth organisations also organise youth service projects. youth defined as 12-24 years old, 28% of population of 98.1 m. Second national youth Development Conference Our Future Now – empowering young people through youth development Workshop Stream International Perspectives

 

Egypt – A national service program exists for young female secondary school graduates to serve as the military equivalent of military service for young men. In principle, women must fulfill their nationa service before they can be employed in the public sector. Women serve for six months, typically in a literacy center as part of the government’s literacy campaign. Non-governmental organisations such as Scouts and Guides and NGO-run programs in urban and rural areas involve youth in community service.

 

Programs in which participation is voluntary:

 

China – Chinese Young Volunteers Program sponsored and largely funded by Communist youth League; established in 1994; operated through a national network of provincial and local associations; 72.4 m participants in CYVP (460 m 14-35 year olds, 38% of total population); typical participant is a 19-25 year old student or worker who volunteers once a month for several hours during weekends and holidays (youth survey revealed that majority believe 80 hrs/year is right amount of time; survey also reveals that youth think the main beneficiaries should be handicapped people and lonely elders); CYVP is able to mobilise large numbers of participants for events such as Beijing Women’s conference, national games or rescue and disaster relief; highest motivation factors are helping others; lowest were to gain power and prestige and to respond to the call from government

 

USA - Government supports multiple youth service programs through the Corporation for national Service: service learning in schools and higher education institutions involving several million students; programs run by community-based organisations; and full and part-time service corps (AmeriCorps) for 50,000 people each year who are 17 or older. The annual Congressional appropriation has averaged $600m for the past 3 years. CNS also supports 500,000 senior citizens in service projects. Authority for running projects is largely devolved to states, and delivered through grants to public and non-profit organisations. Projects are focused on efforts to address education, environmental, public safety and a wide range of human service needs. In addition to programs supported by CNS, many non-profit organisations organise youth service programs.

 

UK - Government provides overall policy regarding the voluntary sector, including youth  service; funding for youth service programs is provided through several government departments (Homeb Office, DfEE, and DCMMS); DfEE has responsibility for two government-sponsored programs – Millenium Volunteers (MV)(1998) and European Voluntary Service. Voluntary sector agencies, which pre-date recent government initiative in youth service, deliver programs within the framework set out by government and in partnership with government. MV participants serve a minimum of 100hours. Size at full operation is projected to be 150,000 participants/year in England and smaller numbers in other home countries. DfEE has also introduced a new school curriculum, which will require citizenship education for all children over age 11 by 2001. Funds from the national Lottery support the Millenium Awards Scheme, which supports individual social entrepreneurs through a competitive process. Private sector support for youth service is significant.

 

Kenya – The national youth Service is a voluntary program for 2000 unemployed high school graduates each year, ages 18 – 22, who serve for 2-3 years on projects that address national development needs and contribute to the personal and professional development of the participants. (In the current year there were no new participants due to lack of funds.) Non-governmental youth service programs also exist such as Kenyan Scouts and several that target youth in vulnerable areas such as rural communities and urban slums.

 

South Africa – A white paper calling for the establishment of a voluntary national youth service(NYS) was developed by the national youth Commission in 1999 and sent to Cabinet for approval. If approved the NYS will develop programs to engage unemployed youth, university and technik on students, and youth involved with the criminal justice system. Five pilot projects will be launched in

Second national youth Development Conference Our Future Now – empowering young people through youth development Workshop Stream International Perspectives

2000 and provide the foundation for expansion to a national program. Government policy and funding incentives have created pressure for higher education institutions to respond to community development needs by engaging students and faculty with the work of NGOs and CBOs. In 1998 government required all medical school graduates to spend a compulsory year serving in disadvantaged communities. In 1995 the unemployment figure for young men and women was 23%, not including students. 16.2 m youth 14-35, 39% of total population

 

Costa Rica - The government requires all medically trained professionals to serve one year in the Servicio Social program serving disadvantaged populations in urban and rural areas. A newly implemented government policy requires community service programs in all high schools, although there is no requirement that the service must be related to the curriculum. The University of Costa Rica requires all students to perform community service work in relation to their academic studies. Several NGOs are developing community-based service programs with disadvantaged youth.

 

UNIVERSAL BASIC EDUCATION SCHEME

Summary of the act for UBE

As contained in the official Reference of the Federal Republic of Nigeria  Gazette (2004), the act provides for compulsory universal basic education and stipulates penalties for parents who fail to comply with the provision. On the issue of relevance of the school curriculum to the society Ehindero (2000) Adesina (2000) have raised doubts as it has been observed that there is a growing rate of poverty which is an indicator of problems in the system. It was therefore suggested that it should be so structured that each individual will be equipped to perform some six life roles e.g. role as an individual, as a producer, citizen, national consumer and as a family member. As far as the provision of human and material resources are concerned, Adebimpe (2001) opined that for the UBEto succeed, adequate provision should be made to produce sufficient qualified teachers and make them relevant within the limit of their area of specialization. Salaries need to be paid as at when due because it serves as a motivation factor towards productivity.

 

INCORPORATING UBE INTO THE NYSC SCHEME

What is UBE

First it will be of great import to examine what UBE stands for, its objectives and general framework, the fundamental principle of UBE in Nigeria is that everybody must have access to equivalent education comprehensively and co-educationally. The concept of the Universal Primary Education (UPE) introduced in 1976. (6 years education) was to change into Basic education (9 years education) twenty three years later. Basic education is not completely new but its meaning has been broadened after the World

Declaration on Education for All (EFA),and the Framework for Action to meet Basic learning needs.  President Olusegun Obasanjo formally launched the UBE in Nigeria on 30th September, 1999. The programme is intended to be universal, free, and compulsory. Since the introduction of western education in 1842 (Eya, 2000), regions, states, and federal governments in Nigeria have shown a keen interest in education. The goal of all these programmes is providing functional, universal, and quality education for all Nigerians irrespective of age, sex, race, religion, occupation, or location.

UBE is broader than UPE, which focused only on providing educational opportunities to primary school age children. UBE stresses the inclusion of girls and women and a number of underserved groups: the poor, street and working children, rural and remote populations, nomads, migrant workers, indigenous peoples, minorities, refugees, and the disabled. The formal educational system is only one of six components included in basic education in the implementation guidelines of the Federal Government. Others relate to early childhood, literacy and life skills for adults, nomadic population, and non-formal education or apprenticeship training for youth outside the formal education system (Nigeria 2000).

Education has remained a social process in capacity building and maintenance of society for decades. It is a weapon for acquiring skills, relevant knowledge and habits for surviving in the changing world. Invariably, the major problem identified in the Nigerian UBE system lies in the automatic promotion, that is, 100% promotion and  transition for 9years. This indeed is a mockery of any form of evaluation done at this level and is bound to reflect on the standard of education in no distant future  Goals of UBE The objectives of the programme as specified in the implementation guideline by

government in 1999 are as follows:



Developing in the entire citizenry, a strong conscientiousness for education and a strong commitment to its vigorous promotion

Provision of free Universal Basic Education for every Nigerian child of school going age

Reducing drastically the incidence of drop out from the formal school system

Catering for young persons, their schooling as well as other out of school children or adolescent through appropriate form of complementary approaches to the provision of UBE



- Ensuring the acquisition of appropriate levels of literacy, numeracy, manipulative communicative and life skills as well as the ethical, moral and civic values needed for laying a solid foundation for the life long living.

Going by the research published by ADenola Adepoju  and Anne Fabiyi  the Problem is the universal access to education has been prime target for Nigeria in the last four decades and Nigeria is a signatory of World Declarations on  education for All. Igwe (2006) reported that the United Nations Organization (UNO), article 26 on the Universal Declaration of Human Rights states in part that everyone has the right to  education, and this shall be free in elementary and primary stages. So, both at the national and international levels, Nigeria is committed to the provision of basic education to all its citizens. Many attempts have been made in this direction but no appreciable positive results have been recorded. The problem of implementation continues to be a perennial problem to the fulfilment of a constitutional and social obligation to make access possible to all.   They also concluded in there research that   The cost of education has been reported to be on the increase yearly and in spite of increase in budgetary allocation for implementation of educational policies, the funds are still not adequate. In order to support government the new policy advocated for sharing the burden of funding with other stakeholders. The local community is expected to be mobilized to provide for needed infrastructure. In this research, principals/managers of schools assessed the community’s level of involvement to be very low. The lack of commitment and general apathy towards the course of a successful implementation of the UBE has been a problem. A survey research conducted by Ker and Okwori revealed that the participation of individuals, private and the three tiers of government was found to be the best option for funding and managing UBE schools.  Massive provision of teaching and learning facilities and improvement of existing ones will enhance programme implementation. The use of other facilities that enhance communication and productivity is also a mark of good performance. Falayajo, Makoju, Gladys, Okebukola, Onugha and Olubade (1997) had assessed the learning achievement of primary four pupils in Nigeria and discovered that this has not improved. Almost ten years after their research, this research also reveals that teachers, performance is rated as low, as their students achievements.  The principals observed that the use of computers is only limited to computer awareness and literacy to a large extent. Computer use for application was not emphasized. The use of computers should not be limited to teaching and learning but for school administration. Askar et al (2006) noted that computers in Turkish primary schools have become widely used in administrative work and that in fact, information technology has entered the life of teachers. Government policy on enforcing attendance at the UB programme has not been implemented as majority of parents are still involved in keeping their children and wards behind.  This research reveals that only a small group (17.8%) of respondents agreed that government was taking care of all their school needs whereas majority (82.2%) claim that their parents were largely involved in funding their school expenses. Adesina (2004) noted that private establishments, communities and individual parents must be called upon to fund UBE He cautioned that it was wrong and misleading propaganda that education can be obtained absolutely free as the actual experience on the field has shown that such propaganda is more of a political gimmick than a statement of good intention.  It was observed that the greater the stake in any venture, the greater the interest and commitment of the stake holders in that venture. An enabling law to compel parents to leave no child behind should be enforced. Other practical steps that could be taken to move UBE forward in Nigeria is to give national recognition to individual private organization and local communities who have contributed by way of commitment and financial backing to the ideals of the programme.

 

THE NEED FOR INTEGRATING NYSC INTO UBE

I think the primary purpose for setting up the NYSC scheme has been achieved long ago except we want to shy away from the truth, Nigerian now are united more than ever any crisis that is on now is not as a result of ethnic neither is it as a result of religious purpose, but its just a selfish nature of our politicians who are supposed to be the leaders, this is own to the fact that Nigerian youth even pick up employment, marry and even settle-down in there state of deployment during NYSC, even we now have NYSC club and an Alumni congregation has been instituted,

Even it was stated in (nigerianouline.com) that NYSC has it’s multiplier effect which are

The achievements of the scheme which are both tangible and intangible, are many, and they touch all known spheres of human endeavour. The scheme has over the years allowed for the regular and effective distribution of skilled manpower, the steady breaking of social and cultural barriers as well as the building of friendly bridges across the nation.

It has also promoted higher values of national unity and development, rekindled interest in neglected but vital areas of national development like agriculture, and promoted leadership qualities in our youths. In these and other ways, the scheme constantly pricks the conscience of the nation to the right course of development, thereby keeping the hope alive for a better Nigeria.

The regular invita tion of members of the Corps to participate in the conduct of such sensitive national assignments as Population Census, Elections, etc. and to provide material for the Technical Aid Corps (TAC), is not only an expression of faith in the ability of the scheme, but also an appreciation of its monumental achievements since its inception in 1973. The positive multiplier effects of these achievements on society are worthy of further examination, taking, for instance, the deployemnt of corps members.

From its humble beginning of about 2,000 corps members in 1973, it has rapidly grown to the staggering annual figure of 85,000 corps members in 1999. This phenomenal growth, apart from ensuring that the presence of the scheme is felt in all nooks and crannies of the Federation, also allows for the even distribution of manpower in the best interest of the country.

this shows the extent of its success but the problem of NYSC has to do with the implementation and management of the scheme, the following has been observed



under funding of the scheme by relevant bodies

welfare of corpers are not taking into consideration

corp’s member are just undergoing the scheme for selfish reasons (DISPATCH letter)

that there has been irregularities in the posting pattern of corp member especially PPA

corpers end up doing nothing because they are not been utilize in there field of studies.



The problem elisted above are a function of the refusal of the federal government to oblirge to the call of Nigerians to revitalize or evaluate the scheme for a greater height, first the aspect of funding the scheme is under unded this led to it having problem in the mobilization of 2007/2008 batch B corp members, although the federal Government under the leadership of president umaru yar’adua waded in and it was able to mobilize  graduates that are ready to serve that year. Because Nigerian universities and polytechnics turns out over 100,000 graduates ona yearly basis, and as we all know that the Scheme started with just about 2,000 graduates, this means that the scheme has grown fromits former state, it population expanded , its ideal broadened and the need for its objectives to be strengthen can not be over emphasized.

The aspect of welfare of corp member is of great concern too, but welfarism is a function of funding, for an institution not to be well funded I wonder how it will be able to carry-out the task of welfare of corp members, corp, member has frowned about the monthly allowance being paid them, because to you relocate a corp member from Mshin in Lagos to Meiduguri in Borno state theb you can imagine a graduate trying yo cope with 9,750 naira, “although it is still part of the training” the say, as for myself I was relocated from Bariga, in Lagos to Machina, in Yobe State. With no other benefits except that of the federal allowance, I think part of the overhauling that needs to be carried out should incorporated the upward review of corp’s members allowance.

As for the selfishness of corp member , just undergoing the Scheme in other for them to get their dispatch certificate for job purposes should be changed in other words, these NYSC scheme should be seen as giving back a little to what your country has done for you, because it seems as if it is just a ritual that all graduate must observe and so we all go/went for it, don’t forget this notion that “ do not think of what your country can do for you, but what you can do for your country”, because truly truly if we look at it people will say that in Nigeria you are on your own, there is little or no Government impact on the life of its citizen and as such what are you serving the nation for, this notion should be corrected government or no government, it is important to serve your nation and the government and the institution should embark on massive campaign against that notion because it is causing damage to the scheme because corp’s member do not put in there best because of this reason.

The most important of all is the aspect of irregularities inposting of corp members to there various state and most importantly there respective local government, some corp members are posted to the urban centres whole others are posted to the rural areas, of all the cardinal objectives of the NYSC which are as listed in (Nigeria.com)



Elimination of ignorance

Regular source of income

Leadership traing

National consciousness

Socio-economic development

Education

Health

Rural development



The  rural development is of great importance and it deserve to be giving great attention because they are the once that need the Corp members the most owing to the fact that the concept of rural urban migration is a function of the uneven distribution of Socal infrastructure, such as education, road , electricity etc. now the corp members are ready made tools that could be used to bridge the Gap because they bring modernization to these areas a vivid example is that community tends to provide good housing units for corp members, electricity and even telecommunication network , I now of Fika Camp in Yobe state, whereby Celtel, MTN, and Glo Mobile Network came to be as a result of the site of the orientation camp in that village, and also corpers establish restaurant, bring in different electronic gadget and other modern facilities to mention a few to that area. Consequently, majority of the rural people have been poor and starved of social

amenities and they will need to be trained if these facilities are to be provided to the community, example of Machina local government where very few of the indigene are computer literate and can even use the internet not until corpers are posted to those areas and they started using all these facilities and involve the community in a training program before they could be able to use the computers. This program was taken by myself in the area of community development services not just for the villagers but also for corp members, it was also gathered from (Nigeria.com) that while all these have the effect of enhancing socio-economic and political activities, the scheme’s venture into agriculture since 1984 deserves special notice. It should be recalled that by this time, agriculture had already become a very neglected area of our national life. Consequently, a food crisis was imminent and it was mainly to avert it that the scheme found it necessary to go into  farming, and it paid off. Soon after its agricultural venture, more attention began to be paid to this sub sector with all the seriousness it deserves.  

So if all corp members are posted to the interior parts of the country to serve then this development of the rural area that we all long for will be achieved.

On the aspect of the underutilization and/or non-utilization of corp members has been a lingering problem, in establishment corp members are not been utilized properly and are turned to those that can be used as clerical staffs, in the place where that services are needed they are overstressed and overworked with little pay, because they regard them are cheap labour, and they are not entrusted with real duties.

In other part corps members are assigned task that have nothing to do with there training and are regarded as redundant fellows because they have little or nothing to do in such department, this amounting to corpers not acquiring any experience during there service tear regarding it as a share waste of time and as such not contributing to national development.

Also of importance is the special preference giving to medical doctors in terms there accommodation , special allowances and so on, while others such as engineers, lawyers, accountant are treated as ordinary, this on its own brings to bear the fact that there is an uneven appreciation of corps members services in a community.

 

NYSC OBJECTIVES AS REGARDS UBE AND OTHERS SHOULD BE



Transformation of Education Strengthening Civil Society and Social Responsibility

Productivity and Development of Youth Participant Economic Development, Social Development and Poverty Elimination

Cultural and Political Integration



The mode of posting and utilization of corp members should be



all prospective corp member should be posted to the rural area,



 People will say what about areas like Lagos where everywhere has been urbanize, I tell them too that areas like Igbogbo, Imota, Ibeche, Obadore and others in Epe needs corp members to serve in the community. If all corp members know that there colleague is also in a rural area serving then he/she knows that we are in it together, and the need to be sober when you receive your posting letter will not arise, it will also reduce corruption in NYSC, because people with connection to people in high places do find there way to major city in Nigeria.

2. since the UBE is facing a lot of problem in terms of manpower and other infrastructure then all corpers should be made to teach in schools except doctors which will be posted to hospitals in the rural areas, I believe if doctors are posted to the rural areas they will also bring development in terms of medical facilities to that area by them demanding from the relevant authority, instead of posting them to local government secretariat where they will be doing nothing. Every Nigerian graduate should be able to teach in secondary school and when the need arises primary school.

By this the aim of NYSC in to forestall National unity, cultural accumulation, social development, political integration and basic education will be achieved. Because the rural area will be a great beneficiary of the Scheme. Prior to UBE, curricula were rigid and inflexible, focusing on formal education at the expense of technical, vocational and pre-vocational skills. Technical equipment was imported and distributed to secondary schools to facilitate training in technology, but few technicians were available to operate it. In some cases, communities were unable to provide an environment that was conducive to achieving proficiency in operating the machines. Specifically, the curriculum was faced with problems such as

:• inflexibility;

• non-availability of funds for the Nigerian Education Research and Development Council (NERDC) to review education on a regular basis;

• limited capacity-building for curriculum experts;

• inability to respond to the need of the immediate environment.

In this regard corp’s member can  fill-in  in this regards and handle those equipment better, because of there vast experience and exposure in these areas.

 



David

NY LAW , ,

Celebrity Divorce Lawyer : the Right Person to Protect Your Public Image

November 20th, 2008
damey asked:




A sudden end to the relationship of marriage leading to divorce can be a painful for any couple, but it brings more disaster for celebrities, as it is not only their personal life that gets affected by such an unfortunate development in their life, but their professional life also gets severely affected. The celebrities are constantly being watched by the public, any development in their life is closely followed by their fans and supporters. People tend to have an opinion about not only their professional capabilities, but also on their personal relationship. A celebrity divorce lawyer deals with their divorce in the most efficient manner minimizing the damage to their professional and personal life.

Getting a divorce is a complicated issue. The process gets even more complicated because of the fact that the legal provisions in this regard differ from one state to another. Considering the various issues that require to be settled in such cases, like minimizing the damage to the celebrity status of their clients, who are always under the probing eyes of public and media, the settlement aspects, maintenance allowance, compensation, future relationship with their children, etc, it is advisable to to seek the help from thoroughly competent celebrity divorce lawyer to give appropriate advice at every stage in the process. Sometimes, the case requires clever applications of legal provisions, and therefore the importance of a reputed celebrity divorce lawyer can not be overemphasized.

There are a number of issues that need to be taken care of in a divorce case. Right from various money-related matters, alimony to custody of child, and various related matters, a celebrity divorce lawyer advices you on the right approach to follow at every stage of the divorce trial. He has the expertise to deal with the most important issue of his client’s name not getting spoiled in the entire process of trial. He takes extra care in keeping the scandalous issues under the carpet, or if at all they are to be raised, then handle them in such a way as to not convey a negative image about the celebrity they are handling. It is also his responsibility that his clients do not suffer from the excess of media glare during the process.

Most law firms in US have a team of experienced divorce lawyers on their payroll, who can be approached by any celebrity with the confidence that their cases will be handled by the most competent team of  Celebrity divorce lawyer. These lawyers work with utmost discretion and have vast experience in handling high profile cases. They are also well versed in interaction with media deal with the publicity that such cases are bound to create among public. Though they charge much more than a divorce lawyer who does not have experience dealing with such cases, yet the premium in their consultation fee they charge is justified in view of the efficiency with which they handle matters which are very important for the public image of the celebrities. The nature and trend of divorce and remarriage among celebrities speaks volumes about the effectiveness and capabilities of these celebrity divorce lawyers.



Greg Stone

NY LAW , ,

Tips on having a great marriage

November 19th, 2008
Martha Chan asked:


Hope. It’s what gets us out of the bed in the morning and keeps us putting one foot in front of the other. But for those going through divorce, hope can be elusive.

We’d like to share our personal tips for a successful marriage and hope that they can help you with your relationship. Here they are:

As the owners of Divorce Magazine, we want you to know that hope for a happier future after divorce is possible. One year after my (Dan’s) divorce, I launched Divorce Magazine and www.DivorceMagazine.com to help provide useful information to people going through a divorce and New Jersey divorce law. Then, two years later, I remarried. In 2007, we celebrated our10th wedding anniversary.

We’d like to share our personal tips for a successful marriage and hope that they can help you with your relationship. Here they are:

1. Spend time together. “Work and play together, with each other, and with your kids, no matter how busy you are,” says Dan.

2. Don’t be afraid to also spend time apart. “We all need our space,” says Martha an experienced family lawyer New York. “When Dan and I spend time apart it doesn’t mean we don’t love each other.” Spend time with your girl or guy friends, she suggests. “Don’t hesitate to do activities or sports you love on your own, if your spouse is not into the same thing.”

3. Be supportive of your spouse. “Support each other in whatever it is that interests you,” advises Martha. “Make your spouse a proud mother or father, help them be successful in their career, and support their family and hobbies.” (Martha and Dan, for instance, are activists for the same non profit organization — The Hunger Project.)

4. Begin from a place of trust. “Never question your spouse’s intention,” stresses Dan. “They may do things that ‘appear’ to be wrong or hurtful, but if you start by knowing they have good intentions, the rest will take care of itself.”

5. Communicate. “Tell each other what works, and what doesn’t work,” suggests Martha. “Don’t save it all up and then blow up.” And be sure to tell them regularly that you love them, she urges. “Just tell them!”

6. Appreciate life — and one another. “Don’t take each other for granted,” advises Dan. “And don’t take your relationship for granted, either. Learn the art of appreciation. It will do wonders for your relationship and your life.”

7. Celebrate your accomplishments, individually, and as a couple. “And celebrate your children’s accomplishments, too, together as a family,” says Martha.

Since 1996, Divorce Magazine and DivorceMagazine.com have proudly produced the industry’s only divorce magazine and Google’s top-ranked divorce website. Developed to inform, educate, and support divorcing people with divorce-related articles, news, exclusive interviews, and helpful resources, the website and magazine are regionalized to serve divorcing people in their own areas. The magazine offers six local editions throughout North America, while surfers can choose any U.S. state or Canadian province to learn more about the divorce process and resources available in their area.

Dan Couvrette is the founder and CEO of Divorce Magazine and www.DivorceMagazine.com

Martha Chan is the V.P. Marketing of Divorce Magazine and www.DivorceMagazine.com



Christopher

NY LAW , ,

Don’t Neglect Legal Issues

November 4th, 2008
Gordon luca asked:


Unsecured Personal Loans are popular among the borrowers for two major reasons. First, you do not need to own a home to qualify for the loan. In other words, the borrower can avail an unsecured loan without pledging any asset as collateral. Secondly, these loans are processed fast since there is no need for property valuation and others such legal formalities. Less documentation is an added advantage. For borrowers, unsecured loans are low risk loans because of the absence of security. The Lender, however, compensates the risk involved for him by charging a higher APR in comparison to the secured loans.

Getting an unsecured loan is not as easy as availing a secured loan. Since the lender is at risk, he’ll thoroughly check your credit history and repayment record to be sure that you’ll repay him his money. Unsecured personal loans are governed by the Consumer Credit Act, 1974. The act has stringent regulations on how the money must be lent. The act allows unsecured loans up to £25,000 and these loans are known as ‘regulated loans’. But, lenders prefer not to lend more than £10,000. Thanks to the popularity of online loans, lenders have also started offering hefty amounts on unsecured loans, depending on the debtor’s profile.

Before procuring unsecured loans, the borrower is asked to sign a credit agreement, and he’ll be thereafter bound by it’s terms. So, its always advisable for the borrower to carefully go through each minute detail of the loan agreement. The customers for availing a fast unsecured loan tend to neglect the vitalities of the loan agreement. This should be avoided. If at all there is some disparity between what is written and what was offered verbally, the borrower should talk to the lender directly and rectify the errors through mutual cooperation.

As extra protection for both the borrower and the lender, insurance policies (known as payment protection insurance) are available. PPI covers the debtors’ repayments in the event of sickness, accident or unemployment. Although beneficial, these policies can be costly very expensive. the borrower can always bargain on terms of PPI. So, before venturing into the task of availing online unsecured loans, one should always go through the term and conditions and other legal issues carefully.



Jeffrey

Legal issues , ,

Mandatory Minimum Sentences

November 4th, 2008
Jeff Stats asked:


Rising public concern about drug use in the late 1980’s was called a drug “panic” or “scare”. This phenomenon has not been born over night but rather has been building up throughout the 1980s, and finally exploded in the late 1985 and early in 1986. The special public concern was targeted on cocaine, more specifically, crack, a cocaine derivative. Drug use in general became a crucial social problem of the decade. For a number of reasons which will be discussed later drug use, abuse, and exploitation became as apparent as never before. In this very decade the drug issue has occupied million’s of minds and emerged as a huge social problem. During those times the concept “tougher on crimes” became widely used in society for the reasons of drug frenzy in the country, the government intentions were to establish such harsh laws which would scare criminals and make them think twice before committing a crime, of using or selling drugs.

The reasons behind the craze over drug use were numerous and at times unobvious. Something began happening in first year of the decade of the 1980s, public tolerance of the use of illegal drug use declined, the belief that the use of drugs is harmful increased, convictions that possessing or selling illegal drugs should be decriminalized or legalized declined, even the use of the drugs declined. In 1980s America experienced enormous increase in public concern about drug use and abuse. In the middle of this decade crack or potent crystalline form of cocaine, was practically an unknown drug in the United States and by late 1985, it was broadly used in urban areas. The appearing suddenness of crack’s widespread use and the degree to which it has been used in some neighborhoods made the crack story popular among news reporters and gave the public the notion that a huge drug crisis has exploded overnight. In reality drugs mainly were used in certain neighborhoods in big cities such as NY, Los Angeles and Chicago. Thus, it was not simply the greater threat than new patterns of crack use posed but the unknown drug and the thorough news coverage which gave up rise to this problem and made a major social concern out of it.

Another episode that caused tougher sentencing predominantly associated with drug use was caused by the death of famous athletes. In June 1986, hardly a week apart, two popular young athletes died of a cocaine overdose. On June 19, University of Maryland basketball forward Len Bias, and on June 27, Cleveland Browns’ defensive back Don Rogers. One of the major reasons why Bias’ death was so much talked about is the proximity of Maryland to the Capitol where decisions on crime policies are taken. Country such as the United States, that praises sports figures would be treating the death of their athletes not only as a tragedy, but also will consider this death as a basic and common for the society as a whole. In the case of mid 80s that was a certain thing, which was generously discussed in all media channels creating more noise around it than it fairly should.

It is obvious that all spheres of social life are greatly affected by the politicians and often by their personal interests. The elections of 1986 probably should be regarded as a source of rising concern about the drug issue. Although we cannot claim that there is a straight relationship between public concern and attention by politicians to a given issue, it is clear that when politicians sense that public concern about and interest in a certain topic (drugs in our case) growing, they will most certainly exploit this issue in their interest. With the media talking about the issue and famous dying athletes, Congress once it started talking about it, realized that all the same things were heard from everywhere and the problem existed or at least was apparent to all. So, clearly when the government became involved in the issue and Nancy Regan began making speeches stressing the anti-drug theme with “Just say no” slogan society was even more stimulated and awaited some concrete moves from the senators.

The entire drug matter and other social problems such as firearms offences required some strict decisions being made on the subject of criminal responsibility for those crimes. The minimum mandatory sentences were to solve the problem of drug abuse and impose tougher punishment. Initially the federal government had forced mandatory minimum sentences with the Narcotic Control Act of 1956 but had turned away from such laws by 1970, when it found that the increased sentences had not resulted in the expected overall reduction in drug law violations. States on the other hand began implementing mandatory minimums on their own; such New York began the trend in 1973 when it passed the Rockefeller Drug Laws requiring 15-year prison sentences for possession or sales of small amounts of narcotics. Michigan followed in 1978 with the enactment of the “650 lifer law,” requiring life imprisonment for possession, sale or conspiracy to sell or possess 650 grams (about 1.25 pounds) of cocaine or heroin. By year 1983, 49 of the 50 states had passed some mandatory minimum provisions, usually adding them little by little, instead of major changes. The federal government started reforming its sentencing stipulations in the 1980s in the light pf problems described above, primarily by setting up a system of sentencing guidelines trying to create more uniformity in the sentences given out by judges. Afterwards it intended to impose mandatory minimums, mostly for drug-related offenses.

The United States Sentencing Commission, established by the Sentencing Reform Act of 1984, created a system of guidelines designed to limit judges’ discretion in sentencing and to create more uniformity and proportionality in the sentences. Another Drug Abuse Act was passed by the Congress in 1986 in response to criticism of indeterminate, or undefined, sentencing and also about concerns on the perceived link between moderate penalties for drug offenders and increases in violent crime and drug abuse. Under the law, drug linchpins received sentences of at least ten years for a first offense and twenty years for a second. Mid-level dealers and managers face five and ten years for first and second offenses, respectively. In 1988 Congress extended mandatory minimums to reach conspirators in the drug deals as well as principals, thus ensuring that minimum penalties would apply with equal force to secondary players found guilty of conspiracy.

Obviously those drug related acts passed by the government were the answer to the ever rising concerns of the society in the decade of 1980’s. Although drugs were always a big problem, the situation began to look out of control because of various factors and to calm down the hysterical mood, those strict and as seemed at that time “just” laws were ratified. The history showed however that there was almost no effect brought by the mandatory minimums and adopted sentences, except of confusing laws which are judging everybody under same conditions.



Tamara

NY LAW , ,

Use of a Competitor’s Mark in Keyword-triggered Ads – Legal Summary as We Begin 2009

November 2nd, 2008
Chip Cooper asked:


Copyright © 2009 Chip Cooper

In the last four years or so, cases involving keyword-triggered ads have been hotly litigated. As we begin 2009, it’s a good time to look back to see if the law has settled a bit.

The stakes regarding keyword-triggered ads are high-both for trademark owners and their competitors alike, and also for search engines. Companies spend significant sums on Internet advertising — sums that routinely surpass even optimistic projections.

Google Modifies Keyword Policy in 2004

In 2004, Google modified its policy to allow advertisers to bid on any keyword, even keywords that are trademarks of a competitor. Not long after this change of policy, the pace of litigation involving keyword-triggered ads increased rapidly.

For purposes of this article, we’ll consider keyword ads that work in 2 ways (either way, the intended effect is to provide the competitor of a trademark owner a competitive advantage):

* by triggering a pop-up ad, and

* by arrangement and prioritizing search engine results.

Let’s see what happens if a competitor of Nike purchases “Nike” as a keyword for a search engine. If a user searches for “Nike”, ads are placed on the search results pages that are triggered by the search term. In this example, the competitor would receive favorable treatment with the results. The searcher may then click on the ad or link expecting to visit a website that is affiliated with Nike. Or, the searcher may be drawn away to the competitor’s website. Regardless of whether the searcher realizes that the competitor’s site is unrelated to Nike’s, the competitor is benefited by diverting a potential customer from Nike’s site to the competitor’s site.

Legal issues arise when a competitor purchases a trademark as a keyword. The Lanham Act (Federal Trademark Act) prohibits any “use in commerce” of a registered mark or imitation thereof, that “is likely to cause confusion… .” In order to prevail, a plaintiff must satisfy these two elements:

* “use in commerce”, and

* “likelihood of confusion”.

The 2nd Circuit Rules in The 1-800 Contracts Case

In 2005, the 2nd Circuit Court of Appeals (comprising Connecticut, New York, and Vermont) issued a significant ruling in the case of 1-800 Contracts v. WhenU.com, Inc. Reversing a lower court decision, the 2nd Circuit held that WhenU’s use of the plaintiff’s trademark to trigger pop-up ads of a competitor was not a “use in commerce” of the plaintiff’s mark because the internal use of the mark did not communicate its use to the public.

The 1-800 Contracts decision is significant for two reasons:

* it established for the 2nd Circuit (Connecticut, New York, and Vermont) that use of a trademark in keyword-triggered ads, provided the trademark is internal and not visible, does not amount to “use in commerce”, which is required for a plaintiff to make a case, and

* subsequently, this ruling has been followed routinely by district courts in the 2nd Circuit.

By contrast, courts in other parts of the country have routinely held just the opposite — that keyword-triggered ads do satisfy the “use in commerce” element.

The Likelihood of Confusion Element

Even if a plaintiff succeeds in establishing the “use in commerce” element, the plaintiff must also show a likelihood of confusion.

In many of the cases dealing with keyword-triggered ads, there is little probability that a consumer would be confused regarding the source of the products or services of the competitors. Most users would likely discover a mistake relatively quickly, even if misdirected to a competitor’s site. With Web browsers, the user can quickly navigate back to the desired page. Nevertheless, some courts have found that the initial confusion as to the source of a product or service, however slight, may be enough to satisfy the “likelihood of confusion” element. This is generally referred to as “initial interest confusion”.

Courts have shown little consistency regarding the likelihood of confusion element. Here’s a few examples regarding this element:

* the 4th Circuit (comprising West Virginia, Maryland, Virginia, North Carolina, and South Carolina) looks at many factors in determining likelihood of confusion, including the nature of the ad and the explanatory text, thereby making it relatively difficult to prove;

* the 9th Circuit (comprising Alaska, Arizona, California, and Hawaii) applies the “initial interest confusion” doctrine broadly, thereby making it relatively easy to prove, and

* the 3rd Circuit (comprising Delaware, New Jersey, and Pennsylvania) applies the “initial interest doctrine” narrowly, thereby making it relatively difficult to prove.

Conclusion – More Confusion And a Split Among The Circuits

So, where are we now regarding keyword-triggered ads?

In summary, there’s a significant split among the Circuits. For this reason confusion remains; there’s no uniformity of the rules and little predictability as to the outcome of any particular case. For example, you may form these conclusions:

* plaintiffs are in better shape filing in the 9th Circuit;

* defendants may be better able to defend in the 2nd Circuit,

* for plaintiffs relying on the “initial interest doctrine”, the 3rd and 4th Circuits are less helpful, and

* in any other Circuit, it’s a crap shoot as to which rules the court will follow.

This lack of consistency is not a good thing for ecommerce. Where there is a split among the Circuits, the U.S. Supreme Court often enters the fray to settle the issues once and for all. Hopefully, this will occur in 2009 — and the sooner the better.



Jane

Legal issues , ,