Jurisprudence
Jurisprudence may be defined as the study of the law, and theories that make up the law. Jurisprudence involves defining what the law entails and how it evolves according to the societal changes. The scholars of Jurisprudence are mainly social theorists and legal philosophers whose main aim is to study the law and its effects on society, and gain a deeper understanding of the nature of legal reasoning and the law in general. It also involves the study of legal institutions such as the courts, and legal systems. Jurisprudence began in the 18th Century and involved the study of the law of nations, natural law, and civil law.

Jurisprudence has three main branches. These are the sociological, analytical and theoretical. The sociological branch deals with the effects of the law in the society and the influence of social phenomena on the law. The theoretical branch examines and criticizes the law in regards of the ideals and goals for the law. The analytical branch defines axioms and terms of the law. It gives suitable prescription methods that will enable the society to view the law as an internally logical and consistent system.

The problems addressed by the philosophy involved in Jurisprudence may be grouped into two. First group deals with the problems that are internal to the legal system and the law. The second group deals with the problems that come up with the law as a social institution while relating the larger social and political situations in societies that the law exists.

Student Loans and Chapter 13 Bankruptcy

Student loans are very easy to accumulate and notoriously difficult to pay back. University financial aid offices freely hand out federal loans without regard to the borrower’s credit scores and their ability to repay. Some students graduate with more than $25,000 in student loan debt before they have even secured a job.

Many deep in debt students are not aware, however, that student loan payments can be drastically reduced for up to five years if they are included in a Chapter 13 bankruptcy plan. While Chapter 7 is a liquidation plan, Chapter 13 provides for monthly debt payments. Through standard calculations, the debtor’s disposable income is figured and a portion of that amount is divided between creditors. Secured debt, like home loans and car loans, must be paid in full by the end of the plan. Those creditors that hold credit card debt, however, usually only get pennies on the dollar.

Most interestingly, in Chapter 13, student loan debt is treated like credit card debt during the term of the payment plan. A student with minimal income and lots of debt may actually be allowed to pay student loan creditors pennies on the dollar while protected under a Chapter 13 plan.

Remember, a Chapter 13 repayment plan lasts only a maximum of five years. While credit card and similar debts will be discharged after the successful completion of the plan, student loan debt typically will not, and it will become due and payable as soon as the plan ends. Nevertheless, five years of greatly reduced payments can be of significant help, and many of those burdened with student loan debt welcome the period of relief, even if it is only temporary.

INVESTING IN RESIDENTIAL PROPERTY
Residential property falls under the realm of real estate pursuant to property law. Consequently, while investing in such property it is important to have some knowledge as regards proper and effective property management in accordance with the law.
The real estate world from an investor's perspective involves buying, selling, renting out, developing and renovation. As an investor, what you can earn through any of these ventures is either rental income (yield) or profits earned upon sale of the property (capital gains) once it is renovated or developments made on it. You should also consult a tax advisor to assist in management of taxes as tax deductions are legally inevitable.
As an investor in the property market, the rule of thumb is to invariably buy properties below market value (B.M.V). Arguably, foreclosures present the best opportunity to acquire B.M.V properties. Studies have shown that foreclosed properties sell for 18% to 59% less than non-foreclosed ones in the same market. Properties on auction, estate sales and short sales are alternative sources of B.M.V properties.
You can choose to sell or rent out acquired property but you should consider a strategic plan for property development which ultimately maximizes profits with minimal risk. Thorough and consistent research in the housing market through the internet, estate agents and industry experts is priceless in choosing the best buy. This is so since the residential property market is in a constant state of flux due to fluctuations in property values, currency among others.

A non-disclosure agreement (NDA) is a contract for inventors. This contract ensures that the parties agree that they will keep the information they shared private. This agreement is useful to inventors because it gives them the opportunity to talk with selected parties about what they have invented. Some of these parties include makers of prototypes, investors, potential licensees and the invention marketing consultant advisors. This allows the inventor to address two important issues:

1. The Loss of Patent Rights Due to Premature Exposure to the Public

If an invention is publicly disclosed prior to obtaining a filing date for the patent application, the inventor could lose his rights to a patent. For instance, it is fine to tell people that you are inventing or have invented a new kind of toothbrush, but it is important to keep your designs and its development private.

There are several exceptions to the rule as Canada and the United States allow for a twelve-month patent grace period between disclosure to the public and patentability. However, this remains an issue all inventors need to address.

The use of a non-disclosure agreement is many times the best way to move forward. Information that is shared within the restrictions of a non-disclosure agreement is considered a private disclosure, instead of a public disclosure. The inventor's prospective future patent rights will be left intact.

2. The Possibility of Someone Stealing Your Idea or Invention

Another concern that inventors might have is talking about their idea or invention prior to having it protected by the patent application filing dates. This creates the risk of another party actually stealing the idea or invention from the inventor.

If a non-disclosure agreement is worded properly, it allows the inventor to disclose the details of his invention to a third party. There will be no risk to the inventor with this disclosure. The third party will not have the ability to steal or commercially capitalize on the invention or idea without written permission from the inventor.

Large companies and the big law firms they hire are getting creative when it comes to billing and fee agreements. In fact, the Association of Corporate Counsel has devoted an entire section of their website to a value challenge devoted openly discussing alternative fee agreements, the increased use of non-attorneys, and better communication between corporate legal departments and outside law firms.

Some of these alternative fee agreements, such as the Flexible Flat Fee agreement are becoming increasingly popular. This agreement allows a company to pay a modest, set monthly retainer (usually at a discount) based on the kind of work a firm usually performs. The law firm generates what are referred to as shadow billings, keeping track of the actual hours spent on each task. This shadow billing determines the “flexible” part of the arrangement. If the actual billing is significantly greater (usually 10% or more) than the flat fee the firm will be compensated for the difference. If the actual billing is less than the flat fee the company is entitled to a refund.

If this arrangement can work for Fortune 500 companies and the law firms they hire it can certainly work for small business and law firms as well. The next time your firm is asked to bid on new work, consider alternative fee agreements. You may be surprised at how well they work.

I've Been Arrested for DUI. What Will Happens Now?

A copy of the notice of revocation or suspension completed by the arresting officer is immediately forwarded to the DMV, along with a report. The driving license will be taken into possession.

An administrative review is conducted by the DMV which includes examination of the officer’s report and any test results provided, in addition to consideration of the revocation or suspension order.

Should the revocation or suspension be upheld during review by the DMV, you are at liberty to request a hearing in order to contest the outcome within 10 days of receipt of the order.

Should the review provide evidence of no grounds for revocation or suspension, the action is set aside and you will be notified as such.

During the Arrest, the Officer Took Possession of my Driving License. How Can I Get it Back?

At the end of the revocation suspension period, your driver’s license will be returned upon payment of a $125 reissue fee to the DMV. For those drivers under the age of 21, the reissue fee drops to $100 provided they were given suspension under the Zero Tolerance Law.

Of course, your license will be returned to you should it be determined there is no basis for revocation or suspension.

Why you need a criminal defense lawyer

There is so much at stake when you are charged with a criminal offense. This tells you that you cannot afford to gamble with the choice of attorney. Criminal charges attract heavy punishments such as jail time, probation and hefty fines. In short, the ruling can have a life altering effect which is most likely negative. To avoid this, you need a lawyer with a stellar reputation.

It is ill advised to assume that your criminal case is trivial, the fact that the offense can get you behind bars means that you need to handle it seriously. A criminal defense lawyer is your best bet at getting a fair hearing in court. Depending on your case, the attorney may either take a damage control strategy or simply argue that you are not guilty.

It is not unusual to find lawyers who claim to practice in every field of law that you can imagine. Stay away from such litigators, in fact flee from them. You would not go to a dentist if you needed a heart surgery would you? The same principle applies here; go for a lawyer who specializes in this field. A jack of all trades will do you more harm than good. Again, you need an attorney who can take the case to trail and can stand the court room heat.

There's no substitute for a good opening statement. When a litigator stands in front of a jury and a hushed silence attracts every eye in the courtroom, the jury wants to know only two things. First, why should its members listen to what this attorney has to say, and second, why is her version of the story going to be more believable than the opposition’s. The Opener therefore has a two-fold task before her: she must win the jury’s attention by convincing her audience that she is worth listening to, but also must win the jury’s trust so that regardless of contradicting facts, the version she presents will always be the more credible one in the minds of her twelve fact-finders.

Although there is no single recipe for holding the attention of twelve jurors, introducing her case as a neatly packaged phrase or maxim will often make it easier for the Opener to delicately weave threads of her theory into a larger and more complex tapestry that will be familiar to the jury by the time it is completed. Even though trust can be one of the hardest things to earn when standing before twelve strangers, seemingly small gestures like eye contact, an even tempo when speaking and an inability to become flustered by unfavorable rulings from the judge are key. These gestures notify the jurors that the attorney before them is confident and unflappable, and not surprisingly, has the case that is just as strong as her opening statement.

Spiraling healthcare costs not only affect the uninsured, but even those with health insurance find that their out-of-pocket costs are more than they can bear at once. Aggressive medical debt collection practices add undue stress and anxiety for recovering patients. The law protects consumers from these behaviors and also offers options for debt relief in the form of bankruptcy

In Jan., the University of Minnesota Medical Center at Fairview and an outside collector, Accretive Health, were named as plaintiffs in a federal lawsuit alleging that they broke debt collection and patient privacy laws. Patients were harassed at their bedsides about payment arrangements. Emergency room consumers were asked repeatedly about their intent to pay while in registration. Laws maintain that patients cannot be pressed for payment until they have received successful stabilizing care. Accretive settled the lawsuit against them in July, by paying a fine in the amount of $2.5 million and agreeing to cease Minnesota business for two years. As of Sept. 7, Fairview is under a federal corrective action plan.

Although consumers are protected from unfair and harassing debt collection tactics, the burden of medical debt can still be felt in other ways. It negatively affects a person’s credit score, making it more difficult and expensive to apply for loans. Wage garnishment is a legal remedy for collections, and can cause a financial burden for the debtor. Bankruptcy may be the legal solution to a fresh start, freeing one from ongoing financial stress due to some bad luck.

Newspapers appear anxious to win the tarnished plaque hanging between exiled and unethical journalists Stephen Glass and Jayson Blair on the journalism wall of shame.

Last Friday, the public radio program This American Life revealed that large, national organizations such as Tribune Co., the San Francisco Chronicle, the Houston Chronicle and the Chicago Sun-Times have been outsourcing their hyperlocal content to a company called Journatic. The irony is that Journatic’s employees are scattered across the United States and, in some cases, the Philippines, which leads me to the scandalous part of the puzzle: Journatic used aliases for its Filipino “writers.”

While Tribune Co., an investor in Journatic, sees the faceless (and nameless) company as a promising solution to its decreasing circulation numbers, I see it as an accelerated death sentence.

First and foremost, the situation is unethical. Brian Timpone, Journatic founder, claimed the aliases were a mistake, although he admitted that he did not see the harm in changing bylines since Journatic’s employees “are all real people.”

Question: Timpone, what code of ethics do the journalism professors teach at the University of Missouri? For journalists, words such as fake, false, fabricate, plagiarize, lie and copy are red flags, signaling the beginning of the end — an end that is not so much “happily ever after” as it is “shamefully ever after.”

Question 2: Timpone, I have no doubt that your employees are “all real people,” but are they all “journalists” (if that term even means anything anymore)?

Personally, my passion for journalism feeds off its challenges — the challenge to get published, the challenge of turning a bland press release into a creative and lively news story and the challenge of unveiling need-to-discuss issues in a way that will enrapture local readers.

I do not know how journalism is taught at the University of Missouri, and I do not know what code of ethics the newspapers that hired Journatic follow. What I do know is that my professors at the Nicholson School of Communication expect nothing less than the truth from me and my peers. They have taught me that conducting email interviews is a last resort, lying is evil and integrity is everything.

Lastly and most importantly, I learned that journalism is (or was) intolerable of and unwilling to forgive unethical behavior. Fate is full of irony. What you dish out will come back for you. Newspaper leaders: watch out. I see the big, red flag of unforgiving karma headed your way.

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