Arbitration And The Lemon Law

If the neighbor's Pekinese decides to scare off bad guys at 2:00AM in the morning, and does this every night, and you can't persuade your neighbor to correct the situation, perhaps mediation or arbitration is the answer. After all, going to court seems a bit much, and committing crimes against the little $%%$# is probably counter productive.

I say this by way of introducing the fact that your long battle against the Fords or Mercedes' of the world isn't at all like getting the neighbor's lap dog to be quiet. There are situations where arbitration or a dispute resolution process is entirely appropriate. However we want to say it right up front, after over four thousand five hundred lemon law cases we have almost never seen a case where the vehicle owner benefited from arbitration with a manufacturer.

It is an unequal battle that is but one step in a long war. The outcome is inevitable. To engage in this war is equivalent to a middle-aged, non-athletic accountant, dedicated to ribs and beer stepping into the ring with the young Muhammad Ali. You won't even see that sweet left hook coming. Everything is on the side of the manufacturer.

Sun-tzu in the "The Art of War" wrote, "Generally in warfare: if ten times the enemies strength, surround them; if five times, attack them; if double, divide them; if equal, be able to fight them; if fewer, be able to evade them; if weaker, be able to avoid them." I hate to be the one to break the news but consumers very definitely fall in the latter two categories. Consumers going into arbitration have fewer soldiers and are certainly weaker.

In California two things level the playing field. A strong lemon law - the Song Beverly Act - and very experienced lemon law attorneys. We should have these things, after all California has more cars on the road than any other state.

Lets look at a definition of Arbitration: "The process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent or statutory provision." With very few exceptions you can forget impartial and mutual consent.

If Saddam Hussein offered to arbitrate detente between Islam and Israel, I for one would have problems with the impartiality of his decision. Mr. Hussein will never be found on the moral high ground. Arbitration can be similarly unequal. Fairness, equity and the proper application of the law are what should occur in arbitration. If you want the consumer to accept arbitration that is sponsored by an automobile manufacturer, or where the arbitration organization receives most of its business from automobile manufacturers, then I give you the same answer Israel would give Saddam. "Forget it! Not on your best day, sport!"

There are other factors that unfortunately work against arbitration being an equitable solution for consumers with lemon vehicles.

Training

Professional arbitrators are not necessarily trained in the lemon law, in fact it is far more likely that they have no training in the subject at all. Arbitrators are rarely judges or lawyers. Generally the arbitrator is trained in so-called people skills, how to negotiate and perhaps a smattering of legal knowledge. This is a subject area where a little knowledge is very definitely dangerous. Perhaps the arbitrator imagines he or she can get by on common sense and honesty. If it were true the consumer would seldom lose a case.

Are consumers properly prepared for arbitration?

How could they be, even if they read the Song Beverly Act, or anything else? Even with all the facts, consumers don't know what to expect. Consumers aren't all lawyers. The manufacturer will send a lawyer trained to handle this sort of thing. The manufacturer's lawyer may lie; that's correct, lie. There's not much consumers can do about that except feel miserable. Whether the manufacturer s representatives lie or not, they will present a blizzard of bizarre possibilities, all designed to confuse and dilute the consumer's case.

Is arbitration binding?

There is light at the end of this particular tunnel, however. In California, arbitration is not binding; it's just another waste of time. When the ruling is handed down, and the manufacturer is permitted another repair attempt, consumers need not comply, consumers can get a lemon law attorney and put an end to the endless games manufacturers play.

Cost

Even if the arbitration is paid by the state, what is often ignored is the lost time from work, expenses for experts where expenses are required, copying, and running around to get copies of missing paperwork. Then there is the time spent preparing an oral argument, trying to figure out how to answer the manufacturer's defenses. Of course, if the manufacturer runs the arbitration, this is no arbitration at all.

How long does it take?

If consumers get this far they have often been trying to get the dealer/manufacturer to do something about their car for many months, even years. Arbitration adds another 30-90 days onto to the process. If the car is dangerous to drive what do consumers do? Are they supposed to endanger themselves and their families in an attempt to finally get the problem resolved? Should they do this, especially when there is a better than even chance that more delay will be added into the process by awards of additional repair attempts? This is hardly a fair and equitable solution to the problem.

A little known fact

All major vehicle manufacturers have networks of dealerships all across the country and even the world. Manufacturers enter into contracts with dealerships. These contracts affect every aspect of sales, maintenance and repair of their vehicles. More frequently than the public ever discovers, there are disputes between dealerships and manufacturers.

Basics Of US Patent Law

United States has the most expansive patent subject matter in the world. US Patent Office has granted patents to living organism, computer software, business methods, new alphabets and countless.

Article 1 Section 1 Clause 8 of the US Constitution empowers the congress to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted by the constitution, the US Congress enacted the first patent act in the year 1790. Though the act was amended several times, the most important amendment came about in the year 1952, when congress passed a new patent act codified under Title 35 of the United States Code. Though a few changes were made in 1986, 1996 and 1999, most provisions of the 1952 Act are still in effect.

The US Patent Law is based on the utilitarian reasoning, which is to promote the progress of science and useful arts in general public interest. An inventor gives an invention to the public and gets exclusive rights over it for a limited period of time. By granting exclusive rights to inventors for a limited period of time, the patent law provides incentive to invent, invest, design around and disclose which in turn encourages progress of science and technology.

Requirements for Patentability

To be eligible for a patent, an invention should satisfy the requirements of Patentable subject matter (Sec. 101),

a) Usefulness (Sec. 101)

b) Novelty (Sec. 102)

c) Non-obviousness (Sec. 103)

d) Specification (Sec. 112).

Usefulness - An invention would be eligible for a patent grant only if it is useful (35 USC Sec. 101). The utility of the invention should be current, substantial and credible. Speculative or future uses are not eligible for the patent. But with regard to genetic inventions, showing of future use is generally allowed. Inventions, which have immoral uses, are not accepted to be useful.

Novelty - Novelty means new. An invention in order to be patentable should be new in the light of that exists at the time of conception of the invention. Section 102 gives a non-exhaustive list of circumstance that denies an invention of its newness.

Non-obviousness - An invention to be patentable should not be obvious or known at the time of invention. An invention is obvious, if a single prior art reference or a combination of prior art references as a whole, make the invention obvious to a person with ordinary skill in the art to which the invention belongs. The invention should be obvious at the time of conception of the invention and not at the time of contention of obviousness.

As per the Section 103 - Obviousness of an invention will be decided by determining the scope of the prior art, by finding out the differences between the prior art and the claimed invention and by ascertaining the level of ordinary skill in the art. Secondary Indicia like commercial success, unexpected results, copying, praise of experts, etc. could also be considered for making an obviousness determination.

Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to clearly describe the invention. The specification should conclude with one or more claims particularly pointing out and definitely claiming the subject matter of the invention. The claims define the metes and bounds of the invention claimed by the inventor. The inventor gets rights only over what is defined in the claims.

The basic requirement for patentability is that the invention should fall within the scope of patentable subject matter as defined under Section 101. (35 USC Sec. 101). As per section 101, any new and useful invention or discovery, which is a process, machine, manufacture or composition of matter is patentable. It also includes any new and useful improvements made to an existing invention. An invention generally falls under more than one category.

The courts have construed the terms process, machine, manufacture and compositions of matter very broadly. In Diamond v. Chakrabarty, the United States Supreme Court while upholding the patentability of an oil-eating bacterium stated that everything under the sun made by man is patentable.

Not eligible for Patentability

The statute does not expressly bar any subject matter from patentability, the Courts have held physical phenomenon, abstract ideas and products of nature to be outside the scope of patentability.

An invention is not considered new or novel if the same were on sale for more than a year before the filing date of patent application. Selling the invention for testing deprived it of the novelty. Even making an offer to sell or making a contract of sale for the future is fatal to novelty of the invention and it shall not patented.

An invention is not new if it is known or used by anyone in the United States or printed or published in a foreign country. The use should be publicly accessible use and not secret use.

An invention can not be patented, if the inventor had abandoned the invention to the public. Taking an invention, which has been dedicated to the public out of the public domain, is against the basic objective of patent law.

An invention is not patentable if it has been patented in a foreign country twelve months before the filing date of the present patent application.

Priority date

As per the Section 102 - For ascertaining the priority, the date of conception would be taken into consideration. The inventor who conceived first and was diligent in reducing the invention to practice would be considered as the first inventor. An invention is not patentable if another person before the applicant has invented it. That first inventor should not have abandoned, suppressed or concealed his invention.

Basics Of Patent Law In India

History

In 1957, Govt. of India appointed Justice N. Rajagopala Ayyangar examine and review the Patent law in India who submitted his report September 1959 recommending the retention of Patent System despite shortcomings. The Patent Bill, 1965 based mainly on his recommendations incorporating a few changes, in particular relating to Patents for food, drug, medicines, was introduced in the lower house of Parliament on 21st September, 1965. The bill was passed by the Parliament and the Patents Act 1970 came into force on 20th April 1972 along with Patent Rules 1972. This law was suited changed political situation and economic needs for providing impetus technological development by promoting inventive activities in the country.

Uruguay round of GATT negotiations paved the way for WTO. Therefore India was put under the contractual obligation to amend its patents act in compliance with the provisions of TRIPS. India had to meet the first set of requirements on 1- 1-1995. This was to give a pipeline protection till the country starts giving product patent. It came to force on 26th March 1999 retrospective from 1-1-1995. It lays down the provisions for filing of application for product patent in the field of drugs or medicines with effect from 01.01.1995 and grant of Exclusive Marketing Rights on those products.

India amended its Patents Act again in 2002 to meet with the second set of obligations (Term of Patent etc.), which had to be effected from 1-1-2000. This amendment, which provides for 20 years term for the patent, Reversal of burden of proof etc. came into force on 20th May, 2003. The Third Amendment of the Patents Act 1970, by way of the Patents (Amendment) Ordinance 2004 came into force on 1st January, 2005 incorporating the provisions for granting product patent in all fields of Technology including chemicals, food, drugs & agrochemicals and this Ordinance is replaced by the Patents (Amendment) Act 2005 which is in force now having effect from 1-1-2005 .

ESTABLISHMENT OF PATENT ADMINISTRATION IN INDIA

Patent system in India is administered under the superintendence of the Controller General of Patents, Designs, Trademarks and Geographical Indications.

The Office of the Controller General functions under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. There are four patent offices in India. The Head Office is located at Kolkata and other Patent Offices are located at Delhi, Mumbai and Chennai. The Controller General delegates his powers to Sr. Joint Controller, Joint Controllers, Deputy Controllers and Assistant Controllers. Examiners of patents in each office discharge their duties according to the direction of the Controllers.

Hierarchy of Officers in Patent office

Controller General of Patents, Designs, Trademarks & GI

Examiners of Patents & Designs

Assistant Controller of Patents & Designs

Deputy Controller of Patents & Designs

Joint Controller of Patents & Designs

Senior Joint Controller of Patents & Designs

Patentable Inventions:

A patent can be granted for an invention which may be related to any process or product. The word "Invention " has been defined under the Patents Act 1970 as amended from time to time.

"An invention means a new product or process involving an inventive step and capable of industrial application" (S. 2(1)(j))

" new invention" is defined as any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art; Where, Capable of industrial application, in relation to an invention, means that the invention is capable of being made or used in an industry

(S.2 (1)(ac)) Therefore, the criteria for an invention to be patentable are,

(1) An invention must be novel

(2) has an inventive step and

(3) is capable of industrial application

To be patentable, an invention should fall within the scope of patentable subject matter as defined by the patent statute. The invention must relate to a machine, article or substance produced by manufacture, or the process of manufacture of an article. A patent may also be obtained for an improvement of an article or of a process of manufacture. With regard to medicine or drug and certain classes of chemicals no patent is granted for the product itself even if new, only the process of manufacturing the substance is patentable. However, product patents would be available for drugs and food materials from 2005 as India's obligations under the TRIPs Agreement would kick in from that point of time. If any substance falls outside the scope of patentable subject matter, it cannot be patentable.

NOT PATENTABLE INVENTIONS

There are some products and processes, which are not patentable in India They are classified into two categories in the patent act

a) Those which are not inventions (S.3)

b) Invention relating to atomic Energy (S.4)

Various types of non-patentable inventions under Section 3 are as follows-
3(a) An invention which is frivolous or which claims anything obvious contrary to well established natural laws.

Merely making in one piece, articles, previously made in two or more pieces is frivolous. Mere usefulness is not sufficient (Indian vacuum brake co. ltd vs. Laurd (AUR 1962 CAK 152).

Perpetual motion machine alleged to be giving output without any input is not patentable as it is contrary to natural law.

3(b) An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment

3(c) The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature;

3(d) The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

Explanation- For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.

[Note: Before amendment of Section 3 (d) by the Patents (Amendments) Ordinance 2004 it reads as "mere discovery of any new property or new use for a known substance or mere use of a known process, machine or apparatus..."The insertion of the word "mere" before 'new use for a known substance' in this clause by the Patents (Amendment) Ordinance 2004, is for the purpose of drafting clarity only as without it the sub-section would have remained ambiguous. This does not restrict the nonpatentability and give rise to ambiguity and possible misuse. There is no
need of giving wider meaning to it.]

3(e) A substance obtained by a mere admixture resulting only in the aggregation of
the properties of the components thereof or a process for producing such substance:

3(f) The mere arrangement or re-arrangement or duplication of known devices each
functioning independently of one another in a known way.

3(h) A method of agriculture or horticulture.
(i) A method of producing a new form of a known plant even if it involved a modification of the conditions under which natural phenomena would pursue their inevitable course is not patentable. (N.V. Philips Gloeiammpenfabrieken's Application 71 RFC 192).

3(i) Any process for the medicinal, surgical, curative, prophylactic diagnostic therapeutic or other treatment of human being or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.

Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
Example: Clones and new variety of plants are not patentable. But process / method of preparing Genetically Modified Organisms are patentable subject matter.

3(m) A mere scheme or rule or method of performing mental act or method of playing game;

3(n) A presentation of information

3(o) Topography of integrated circuits;

INVENTIONS RELATING TO ATOMIC ENERGY (S.4)

"No Patent shall be granted in respect of an invention relating to atomic energy falling within subsection (1) of section 20 of the Atomic Energy Act, 1962

Various types of Patent Applications in India

1. Ordinary application

2. Convention application

3. PCT international application

4. PCT National phase application

5. Application for Patent of addition

6. Divisional Application

Procedural requirements

An application for a patent in the prescribed form along with the prescribed fee has to be filed in the appropriate patent office. Examiners of patents scrutinize the application accompanied by a specification so that it satisfies the requirements. After examination, the Patent Office will raise objections and once the applicant convinces the Controller Of Patents will put the specification in the Official Gazette and on its acceptance without any controversy, a patent shall be granted.

A patent grant gives the patentee the exclusive right to make or use the patented article or use the patented process by preventing all others from making or using the patented article or using the patented process. The patentee can assign, grant licenses or deal for consideration.

The patent application passes through the following stages:

FILING

An application for a patent can be filed by the true and first inventor. It can also be filed the by the assignee or legal representative of the inventor. If an application is filed by the assignee, proof of assignment has to be submitted along with the application. The applicant can be national of any country.

Form of Application

Every application shall be accompanied by a provisional or complete specification. Provisional applications are generally filed at a stage where some experimentation is required to perfect the invention.

Filing of a provisional specification allows the applicant to get an early application date.

Provisional Specification shall contain:

a. Title,

b. Written Description,

c. Drawings, if necessary and

d. Sample or model if required.

The complete specification shall contain:

a. Title,

b. Abstract,

c. Written Description,

d. Drawings (where necessary),

e. Sample or Model (if required by the examiner),

f. Enablement and BestMode,

g. Claims and

h. Deposit (Microorganisms)

Priority Date

Priority date is the date of first filing allotted by the patent office to an application. If a provisional application is followed by a complete application, the priority date shall be date of filing of the provisional application. If an Indian application is filed after a foreign or PCT application, the priority date shall be the date of filing of the foreign or PCT application. If an application is divided into two applications, the priority date shall be date of filing of the parent application.

Priority date is the date of reference used by the patent to determine the newness of the invention. If the claimed invention is part of public knowledge before the priority date, it will not be eligible for a patent. Under US Law, priority date is pushed back to the date of conception for determining novelty and Non-obviousness.

Place of Filing

Patent Application can be filed at any of the four patent offices in India. Patent Offices are located at Kolkata, New Delhi, Chennai and Mumbai.

Documents to be submitted at the time of filing
The following documents have to be submitted at the time of filing a patent application:

Form 1 - Application for the grant of patent.

Form 2 - Provisional or Complete Specification.

Form 3 - Statement and undertaking by the applicant.

Form 5 - Declaration as to inventorship.

Form 26 - Authorization of patent agent or any other person.

Priority document details have to be filed for a Convention application.

PUBLICATION

A patent application will be published on expiry of eighteen months after the priority date. It can be published earlier, if such a request is made by the applicant. The application will not be published if directions are given for secrecy, until the term of those directions expires. It will also not be published if the application is withdrawn three months before publication date.

On publication, specification including drawings and deposits shall be open for public inspection. The rights of the patentee start from the date of publication but they cannot be enforced until after patent grant.

EXAMINATION

1. Request for Examination

The process of examination starts with a request for examination. The request has to be made within 36 months from the date of priority or filing. However, if secrecy directions have been given for the application, the request can be made six months after the directions are revoked or thirty six months from the date of priority or filing, if that date is later.

2. Examination

On receiving the request, the controller shall direct the patent application to the Examiner for examination. To start with, the examiner makes a formal examination by verifying the propriety and correctness of all documents filed with the application. Later, he verifies the patentability of the application. The patentability analysis includes all patentability requirements.

After confirming that the application falls within the scope of patentable subject matter, the examiner conducts a prior art search to check if there is prior art, which anticipates the invention claimed. Prior art search for anticipation includes search for anticipation by publication, filing of complete specification, etc. He then verifies the existence of inventive step, Industrial application, and Enablement and Best mode.

The examiner will give the examination report within 1 month from the date of reference by controller and that term shall not exceed three months. If the examination report is adverse, the controller sends a notice to the applicant and gives him an opportunity to correct and if necessary an opportunity of hearing. The Controller might ask the applicant to amend the application in order to proceed further. If the applicant does not make such changes, the application might be rejected.

The Controller has the power to divide the application, post date the application, substitute applicants and reject the application. An order of division will be given if the application contains more than one invention and if it is required to file separate applications for each invention. The application might be post dated to a period of six months if requested by the applicant. Substitution of inventors is generally done if the inventor has been wrongfully mentioned or if a joint inventor has not been mentioned in the application.

The controller has the power to reject the application, if the applicant does not comply with his requirements.

OPPOSITION

1. Pre-grant Opposition

Any person can file an opposition for grant of patent after the application has been published. Opposition may be filed on any of the following grounds:
a. Non compliance of patentability requirements.
b. Nondisclosure or Wrongful disclosure of genetic resources or traditional knowledge.

2. Post-grant Opposition

Any person can file an opposition within a period twelve months after the grant of a patent. It can be filed based on the following grounds:

a. Wrongful obtainment of the invention by the inventor.

b. Publication of the claimed invention before the priority date.

c. Sale or Import of the invention before the priority date.

d. Public use or display of the invention.

e. The invention doesn't satisfy the patentability requirements.

f. Disclosure of false information to patent office.

g. Application for the invention is not filed within twelve months from the date of convention application.

h. Nondisclosure or wrongful disclosure of the biological source.

i. Invention is anticipated by traditional knowledge.

3. Process of Opposition

On receiving a notice of opposition, the controller notifies the patentee. He then constitutes an Opposition board to deal with the opposition. The Opposition board decides the issues after giving reasonable opportunity of hearing to both the parties. The Opposition board might invalidate the patent, require amendments or maintain the status quo. If amendments are required, they have to be made within the prescribed period in order to maintain the patent.

E. GRANT

If the application satisfies all the requirements of the patent act, the application is said to be in order for grant. An application in order for grant shall be granted expeditiously. A granted patent shall be published in the official gazette and shall be open for public inspection. Every granted patent shall be given the filing date. The patent will be valid throughout India. A granted patent gives the patent holder the exclusive right to make, use, sell, offer for sale and import the product or use the process. However, the government can make use of the patent for its own purposes or for distributing an invention relating to medicine to hospitals and dispensaries. Furthermore, any person can make use of the patent for experiment or education.

Assignments

A patentee may assign the whole or any part of the patent rights to the whole of India or any part thereof. There are three kinds of assignments: legal assignment, equitable assignment and mortgages. An assignment of an existing patent is a legal assignment where the assignee may enter his name as the patent owner. A certain share given to another person is called an equitable assignment and a mortgage is when patent rights are wholly or partly transferred to obtain money.

Licenses

A patentee may, by a license, permit others to make, use, or exercise, the invention which otherwise would not be allowed. The license should be in writing and the terms of which must be given in the application filed with the Controller. A license maybe given in express terms or implied from the circumstances. An exclusive license excludes all other persons including the patentee from the use of invention In a limited license the limitation may arise as to persons, time, place, manufacture, use or sale.

Compulsory Licenses and Government use of inventions

Under certain circumstances like when reasonable requirements are not satisfied, a very high royalty is quoted, when a patent cannot work without another related patent or on notification by the Central government, the Controller can grant a license to an interested person.

The Central or State government can use for a purpose of its own all patented inventions or processes either with or without royalty.

Revocation of a patent

A patent may be revoked by various modes namely revocation in the public interest by the Government or relating to atomic energy by Controller. A patent may also be revoked for non-working. The High Court may revoke a patent on noncompliance with the requirements for use of an invention or on petition by a person interested on various specified grounds.

A patentee may at any time offer to surrender his patent by giving notice to the Controller, whom after hearing the parties may revoke the patent.

Patent enforcement and Infringement of patents

Infringement of a patent is the violation of the exclusive rights of the patentee.
Determination of infringement depends on the scope of exclusive rights of the patentee, whether the infringer's acts amount to making, using, selling or distributing a product or using a method and if in fact the acts amount to an infringement. The burden of proof is on the patent owner for proving infringement.

Defenses

The defendant in a suit for infringement may plead one or more defenses. He can claim the patent owner is not entitled to sue for infringement or deny any infringement. Any leave or license express or implied to use the invention does not amount to infringement and where infringement is invalid on certain grounds.
Acts done in connection with government use, experiment, research, education and falling within the scope of innocent infringement or done after failure to pay renewal fee or before the date of amendment of the specification do not amount to infringement. A defendant may also counter claim for revocation of patent.

Remedies

Injunctions act as a preventive relief to the patentees. The patent owner at the start of a trial can request for an interim injunction in order to restrain the infringer from continuing the infringement to prevent further losses. Permanent injunction is given based on the merits of the case at the end of the trial. A patent owner is entitled to the relief of damages as compensation to the patentee and not punishment to the infringer. The patent owner may also opt for the account of profits where he has to prove use of invention and the amount of profit derived from such illegal use.

One Difference between Law and Politics

To me, education is not just the matter of financial livelihood and social status, but why education is needed? Whether the provided education is authentic, what the lacks or loopholes of education are and to the final stage: would education make the absorbers immortal? These are some of the questions and rhetoric that make me view education very differently from those of my peers and even my parents and lecturers.

Law and Politics are usually confused with one another and cannot be meticulously separated from each other; as we usually hear the Faculty of Law and Politics, Center for Political and Legal Tuition, Professor of Law and Politics, etc. These are the facts that initiate me an idea to bring the core difference between Law and Politics and put it on a public display. The core difference would help the student to deeper understand the subject matters.

Do you have such the wonder? If no, start to make yourself curious about the core difference between Law and Politics to initiate your mental vocation and if yes, this is an article to unveil you a unique difference between Law and Politics to make you deeply understand.

As a student of Law, newspaper columnist, expert author, media liaison officer, legal and political assistant, I have found one complete differences between Law and Politics. This difference is "the interpretation."

Most students of Law and Politics do not know that the most important theme of their education is "the interpretation." Why I dare to say this? Up to the present, we have billions of sources ranking from books and international media publication to the abstract sources, but these so-called information will not make us a true political analyst or lawyer.

What we are seeing on these sources is just "plain information", so what are these information are. If information is just all about information, University is not needed, because most of these sources are available everywhere and even free. The things that we have not found on these sources are "the interpretation" or the path to interpretational secretes. Let's now jump up to the very core of our article.

Legal interpretation must be "within": in interpreting the law, the lawyer of any party or the conflicting parties themselves cannot interpret the law out of the law being enforced in the country where the trial is being heard. This may seem very vague and let us bring an example to clarify. If you commit or are accused of committing a crime in the country in which you are residing in, you or your lawyer are not entitled to interpret the law out of the laws being enforced in your residing country. To a stricter extent, the laws being used for interpretation must circumnavigate the crime that you did or are accused of committing. This case is different from "political interpretation."

Law and Politics may be equally broad, but interpretation in politics is much broader than in legal one. Have you ever noticed that a political analyst for a university in America would use approach in political interpretation by drawing examples from any country, any sources and any celebrities in the world. Political interpretation (analysis) is not as "within" as in law.

Politics is much more flexible and so much softer than law. Other merits why politics allow much broader interpretation, because we even see a huge similarities between socialist and capitalist states (similar political application), but the laws in these two separate kinds of state are totally different. I know the last one sentence is too vague for you, but let's start the legal and political interpretation.

A Career In Law

Essential Abilities For A Career In Law

Very often, students enroll themselves into a law school without having a clear idea of what the profession is all about. Many are attracted by the title of lawyer and decide to pursue a degree in law without having proper knowledge of the career.

There are certain characteristics that one needs to have to succeed in a career in law. You should assess yourself before actually enrolling into any institution. To have a clear idea, you can visit local courts, attend trials, talk to lawyers and observe the functioning of the legal system. Observing lawyers and judges at work will enable you to identify some of the skills, knowledge and values necessary for a career in law. You can even get advice from a career counselor.

Law is the field for those:

o Having outstanding and above average independent learning skills such as reading, listening, writing, talking and analysis

o Having excellent verbal, public speaking, arguing and debating skills

o Having a high level of patience and confidence.

Before beginning the application process, consider carefully if a law degree is right for you based on these attributes. You may also need pre-law courses for admission to particular programs in law.

Preparing For Law School

The field should be explored through research, investigation of resources on the Internet, discussion with law students, and counseling. Joining some pre-law courses offered by various institutes will enable you to develop skills which will be helpful for law school, such as study of the English language and principles of accounting and finance. There are many branches in law practice such as tax law, corporate law, labor/employment law, civil law, family law, international law and real estate law among others. You need to be clear about your interests, which will help in choosing the appropriate program of study.

Applying to Law School

Information on law schools offering programs in law can be obtained with the help of education counselors or on the Internet by visiting law school websites which provide details of the programs on offer by them and the application process. The best sources are law school catalogs or reference books that profile law schools and their admissions criteria. The Law School Admissions Council ("LSAC") sponsors annual law forums throughout the country that give interested persons time to speak with representatives from accredited law schools.

Programs leading to the presentation of the Bachelor of Science in Law (B.S.L.), Juris Doctor (J.D.), Master of Laws (LL.M.) and Doctor of Juridical Science (S.J.D.) degrees are some of the common programs on offer by law schools.

American law schools are expensive, especially the private ones. The competition to get into top-rated law schools is tough. Applications are accepted based on an individual's grades.

Career Choices With A Law Degree: Job Or Business/Self-Practice:

A degree in law is extremely rewarding. It is very marketable and most lawyers manage to earn a comfortable living. A lawyer in the US can easily make more than $100,000 annually.

o Business/Self-Practice: You can have your own business setup such as a consultancy firm providing legal consultation and guidance to your clients, self-practice - legal representation in courts, drafting legal papers for clients or just having your own coaching classes.

o Job Market: You also have various options in the job market - teaching, working with law firms, and with companies and corporate bodies as legal advisors and attorneys. However, your legal qualifications alone will not help. You need to market yourself and your law degree to reap the benefits of all your hard work. You need to find the right job for yourself and then market yourself to secure the position.

A career in law is rewarding and worthwhile, provided you have the essential abilities and skills to pursue a career in law and the willingness to face the challenges ahead.

Private Law

What is law?

Law can affect many aspects of our lives yet most people living in England and Wales have little understanding of the legal system that operates in these two countries. For many their main awareness comes from newspaper articles with headlines such as Murderer jailed for life, Burglar caught in the act, Young offender goes free. This type of headline appears so frequently that it is not surprising that, when law is mentioned, many people only think of the criminal law and the courts that deal with this type of case. In reality, the law covers an enormous range of situations and the legal system in England and Wales has a variety of courts and methods for dealing with different types of cases.

International & National Law

International law is concerned with disputes between nations; much of this law comes from treaties which have been agreed by the governments of the countries. National Law is the law which applies within a country: Each country will have its own national law and there are often wide differences between the laws of individual countries. This can be shown by the fact that Scotland has its own law and legal system which are quite separate from the law and legal system which operates in England and Wales. For examples, while serious criminal cases are tired my jury in both systems, the Scottish jury has 15 members and the decision can be made by a simple majority of 8-7. In contrast, the jury in England and Wales has 12 members, at least 10 of whom must agree on the decision.

Public and Private law

Within national law there is usually a clear distinction between public and private law. Public law involves the state of government in some way, while private law is concerned with disputes between private individuals or businesses. Both public and private law can be sub-divided into different categories.

Company Law

Company law is very important in the business world: It regulates how a company should be formed, sets out formal rules for running companies, and deals with the rights and duties of shareholders and directors. Employment law covers all aspects of employment from the original formation of a contract of employment to situations of redundancy or unfair dismissal. As well as these areas of private law, there are also laws relating to land, to copyright and patents, to marine law and many other topics, so it can be seen that civil law covers a wide variety of situations.

Employment

Like any business, staff are needed to keep the business alive. But what happens when this gets ugly and termination of contracts come into the picture? This is an area in law where alternative dispute resolution has long been used in the shape of ACAS (Advisory Conciliation and Arbitration Service). When any claim is filed at an employment tribunal, a copy of that claim is sent to ACAS who will then contact the two parties involved and offer to attempt to resolve the dispute without the need for the matter to go to a tribunal. ACAS has specially trained conciliation officers who have a great deal of experience of employment disputes.

The Laws of Life

The Mystery of Life's Purpose

At some point in each individual's life on Earth they undoubtedly and eventually come around to question their purpose for existing. The basis of this profound question usually begins with thoughts centered around- the reason why am I here, and my purpose in what appears as an experiential journey through this mystery we call life.

Many of us have experienced these seemingly bizarre moments of life in which we find ourselves reaching for answers to help solidify our existence permitting us to feel as though we are not building our lives on sifting sand. Although these moments in life allow for a conscious awakening that demands our attention, they are often masked or shrouded throughout our lives as momentous events.

It does not always happen this way because many apparently mundane moments within our lives carry the seed of questions yet unanswered- and if we look closely, profound answers are lovingly contained in those special moments of time. Having exposed in a previous article, Timewave Zero the premise that our universe and all within it is being sourced continuously from the same fountain of life through cycles, it surely makes plausible sense to conclude certain natural laws of life govern our existence and could very well offer solace in a turbulent sea of life's questions. It is through the proper understanding and personal application of these "Laws of Life" that enable us to live life fully in the moment appreciating the journey of life right where we find ourselves at any given moment, in the Now. However, it must be added, we still live in a delicate world that requires of us to plan for a future while co-existing in the moment.

Could these well defined universal Laws of Life help us better understand life's mysteries while at the same time provide a solid foundation upon which we can receive direction and answers? In short, the answer is yes! By applying a level of understanding and reliance upon these laws of unwavering reliability we may soon find ourselves aligned with powerful forces which conspire to lift our lives higher up the ladder of joy.

If we could accept that all possibilities exist in the present moment and remain focused in the Now of life, consciously allowing the Laws of Life to freely operate through us, we would soon recognize that we are in a co-created world which we have personal responsibility for bringing into existence. It is through these simple Laws that we are building a new Earth as we become receptive to our ultimate purpose for life itself. We are powerful co-creators and life is our school and playground too.

The Power of the Four Laws of Life

I would concede there are many Laws of Life; however in this post we will turn our focus only upon four important master laws that birth all the others. Given that all life within the universe of creation is encapsulated within the boundaries established by certain laws, some known and some of these we are just starting to unravel and comprehend.There are four basic, universal laws of utmost value for human life and these are the one we shall address.

It is through our understanding and application of the wisdom contained within these four Laws of Life that will determine our experiences we will entertain throughout or lives. During our lives many of our questions arise through the awareness of the very contrasts that exist having been created by the choices we made. Some of these experiences are on an individual basis while others can be experienced by the entirety of those on Earth.

Our collective (or individual) reaction to events which create our life experience are needed thus enabling us by way of contrast between various experiences to question what it is we then want to experience. Combine life's cyclic movement and how we experience it with understanding the four Laws of Life- The Law of Love, The Law of Gratitude, The Law of Cause & Effect and The Law of Attraction you find many of life's poised questions and formerly out-of-reach answers become vividly obvious.

Before we get into each of the Laws, it would be good to know that these laws are immutable and one cannot "break" them in the process of life here as we operate within the parameters of Free-Will. You may by choice either consciously or unconsciously turn against any of these fundamental Laws of Life and your life experience would reveal that something was "amiss", essentially out of balanced alignment. If your course in life was not adjusted through the questioning/answer process we all go through, your subsequent experiences would become more amplified while the essence of your life experience would remain the same.

We have all heard the question phrased this way: "Why does this always happen to me?" Read on to discover the nature of these four Laws of Life and how to recognize their individual signatures in your life. Upon gaining a more thorough understanding of how they permeate all facets of our lives, we become internally empowered to co-create our own lives, and indeed our world at the same time through the infinite power residing in these Laws of Life.

The Law of Love

It is often said and conceptualized that "God is Love". In the scale of humanities expression of this concept, for now it, falls dismally short and understandably so. Our human reflection of this first Law of Life- The Law of Love can be a very difficult one to express in such a way to foster a genuine flow of this all encompassing power. Generally, human expression of Love is often limited and in the worst case, conditional. I'm not trying to convey human love in all its beauty and shortcomings but rather the first source of the Law of Love that empowers us by attempting to express love through a filtered, human perspective.

While we may feel like love is a by-product created by something that is precipitated by an external influence, in truth, we embody the Law of Love by allowing Unconditional Love to forever flow through us. This powerful Law is never removed from our access, only by not allowing does it appear lost. It is only through this understanding or at least recognizing this limitless source of Unconditional Love is the originating source of our human expression of Love.

"Unconditional Love is the Law of Love"

Like all the Laws, Unconditional Love is pure energy and is present throughout the entire universe from the greatest to the least of creation. The Law of Love is the building block which binds all of creation together and we in human form can either allow or disallow it to be active in our lives. When you allow the Law of Love to govern your actions you have become unattached to preconceived or forced outcomes having released your will and allowed acceptance of what already is. The Law of Love binds all of us together by unifying opposites into one; and when we apply this truth the false human condition of perceiving everything as separate from us falls away opening our hearts allowing the Law of Love to freely operate.

By practicing an open heart especially in situations needing resolution that seem utterly impossible to overcome, all of a sudden they are transformed by the Law of Love. The Law of Love teaches us we cannot experience utter joy while holding onto resistance through non-acceptance of our experiences. Letting go allows the Law of Love to flow and offers answers to those difficult questions of life. The Law of Love- Its part magic and part energy science.

"Unconditional Love is the only truth everything else is an illusion"

The Law of Gratitude

Much like the Law of Love, the Law of Gratitude exists as a by-product of having an open heart. This Law is the key to unlock greater well-being and abundance in your life. One great reason for allowing the Law of Gratitude to flow in your life is because it will promotes endorphin chemicals to be released within the body affecting every cell promoting feelings of optimism, relaxation and happiness. By your body releasing endorphins, simultaneously stress hormones called cortisol and norepinephrine decrease rapidly.

That alone could be reason enough to daily apply the Law of Gratitude; feel great and automatically become healthier! Further abundance comes from the assurance of knowing you are an important part of expressing gratitude, so have compassion on yourself and acknowledge your greatness. If you focus on the personal gifts you have been given along with other points of gratitude, you cannot help but notice that it's impossible to contemplate negative emotions at the same time.

To understand gratitude is to comprehend opposites since this is how the most powerful, beneficial effects are experienced. This Law is often expressed as an "attitude of the mind" and that is true to a degree. Actually, the Law of Gratitude is initiated from the heart then our mind follows adding imagery to the momentum reminding us of more to be grateful for if we will allow the process to unfold. We sometimes misunderstand the real meaning of gratitude and its expression simply because we again need an opposite or opposing viewpoint to posses the ability to identify that which we are grateful for. It is commonplace for most of the population to identify what is absent in their lives rather than go deliberately in the opposite direction into a treasure chest full objects worthy of appreciation, thankfulness and ultimately reflect gratitude for each.

For example, by recognizing the absence of something you appreciate, you bring a defining clarity that easily produces gratefulness for its existence- no matter what or where the object is, physical or non-physical. Even thoughts can remind us of the Law of Gratitude at work in addition to the more common sources- those outward, visible objects of appreciation or thankfulness. By a conscious and deliberate daily practice of the Law of Gratitude brings us into a renewed optimism and appreciation for all of life while banishing the power robbing opposites of fear, anger and other negative emotions. Every acknowledgment of gratitude for what you have is rewarded by awareness of more to be grateful for and anything you want in your life originates by the law of Gratitude. Your choice should be clear, allow the Law of Gratitude to flow more abundance of joy into your life.

The Law of Cause & Effect

This is one of the most misunderstood Laws of Life due to the belief that all events are predestined to transpire as a result of some previous action. It is true from the standpoint of action-reaction that expectations of future events should come to fruition if no alternative adjustments are made, simply because the root cause was set in motion. A belief that even if root causes are altered by a future event, they cannot alter one's destiny can lead to fatalism whereby you resign that all is predestined and alteration is impossible. This is an error and is to be avoided in the mind as it has no basis in how this law operates.

The Law of Cause and Effect also known in the Buddhist doctrine as karma, ascribes that an individual's present condition is a reflection previous life choices and these decisions could even encompass many past lifetimes of accumulation. In Hebrew doctrine this is expressed as a generational curse and in some way is related to parental DNA inheritance. It important to note regardless of doctrine, we have the power to override any possible predispositions through our current actions and emotional/mental state. Therein lays the beauty of the Law of Cause and Effect.

One of the best ways to allow this powerful trans-formative law to flow through your life is to apply the Golden Rule seeded into your heart. Doing so from the perspective that not only will you personally benefit greatly, but also the world around you will as well. Karma or, the Law of Cause and Effect can carry a bit of foreboding if ignored because if abused, time will take its toll surfacing into events and the scales of life will become balanced. Again, the accumulation of past deeds only instigates the flow of this energy and it is malleable. This forceful energy exists in both polarities and is experienced as what could be deemed as positive or negative actions-reactions.

"As you sow, so shall you reap"

This law's application is easily practiced when we deliberately aspire to give away that which we seek for ourselves. Whatever form of energy we radiate regardless whether they consist of thought-forms or physical actions, the Universe responds accordingly. This is because- that which is like unto itself is drawn forth into existence. So, consider your thoughts and following actions. Much in the same way the Law of Gratitude operates, if you want more of anything like love, friendship, good health etc. give these away from an open heart and watch as the Universe responds in kind.

When this law is firmly rooted into your being through you heart you need not be concerned to police your thoughts as this process soon becomes automatic just like breathing. As most of us primarily exist in the 3rd dimensional Universe, we need not overly concern ourselves that the Law of Cause and Effect response time is immediate. Fortunately for now, there is a delayed response; however, you may begin to notice as you set this law into motion that your awareness can jump quickly and you begin to notice its effects are sometimes near instantaneously occurring in your life as well as others. When this is observed, know that you are receiving information from the 4th dimensional realm.

To experiment with this law at an observational level, pay close attention to events that are now transpiring on Earth. Pick any category- politics, economics, social changes, geophysical changes etc. all these are exponentially unfolding at an ever increasing repetitive pace. These action-reaction events can in many ways be associated with cyclic action playing out through the Law of Cause and Effect. For the purpose of life's direction regarding the power and influence of the Law of Cause and Effect, one should come into agreement that we are through our willpower, are an active, interconnected participant and what we do in fact causes a ripple in the pond of life and the lives of others. As you build your own experiential evidence you become acutely aware of this law's power because whatever you believe becomes your truth and that sets in motion elements of your life displayed and played out through the Law of Cause and Effect.

The Law of Attraction

I suspect that nearly anyone who has a passing interest in self improvement or is driven in the hope to find the magic "potion" or "spell" to live a specific life, has encountered the basic idea of the Law of Attraction. It is no shock that a whole industry has arisen attempting to cash-in financially with the ever expanding popularity of this subject. If this is what it takes to help some of us come to the realization that we each are endowed with the power to transform and actually co-create or world, then this is a great beginning.

This Law of Attraction states that whatever you focus your attention on with a higher degree of emotional energy and do not have a conflicting opposite thought on the subject, that energy will amass to the point where the essence of the desire will establish itself in your life. It could also be summarize as- That which is like unto itself is drawn.

There is an ever expanding knowledge-base derived from quantum theory that affirms the validity in the fundamental aspects of this law. While this law is by far nothing new, because the Universe is the designer and it has been in operation since the dawning of creation. We are seeing on a global scale, the infinite power contained within this law and I suspect, it has and is being used to direct the thoughts of those who are unconscious of its ability to deliver whatever one focuses their thought on (given the correct application) into a world that is of their design and desire.

There is also very good evidence to suggest that a large portion of the "2012 shift" relates to our awakening into a scientifically based realization that we are fully able on a global scale, to transform this planet into one that the majority of the Earth's inhabitants would call heaven. The amazing point in the Law of Attraction is that all physical manifestations are first birthed by emotions, then thought. This does make sense as emotions are really energy-in motion. In the purest way, when thought is intensely and passionately focused its essence coalesces into our reality.

"Ask and ye shall receive"

What many do not understand while attempting to apply this law, it that your conscious AND subconscious thoughts each play a significant role in the speed at which the desired outcome appears. The Law of Cause and Effect are not far removed from the Law of Attraction. Both are similar laws, just like the two conscious and subconscious minds are involved, both laws operate in harmony with each other. You can apply the creation power encapsulated in this law by the very act of become a deliberate thinker. Emotions that surround thoughts are the primary indicator of what you're beginning to create and will eventually show up in your life. This emotional component is a wonderful tool that is indispensable in knowing the direction and eventual outcome of what you are inviting into your life.

There is responsibility associated with wielding this law in unnatural, manipulative ways. The universe does not judge nor filter end results of what is delivered. In time, you will always receive the essence of your thoughts. And just like the non-instantaneous manifestation of thought-forms in operation within the Law of Cause and Effect, the Law of Attraction provides a built-in, indisputable guidance system in the form of emotions. Be aware of how your thoughts make you feel when focusing on that which you want to create. When those thoughts feel good, you are in agreement with your desire and intentions; when feelings do not feel so good, re-direct your thought back into a better feeling thought. In doing so, emotional energy remains amplified in the direction of your desire.

Finally, the speed at which thoughts physically are transformed into existence in our reality is determined by the level of agreement without doubts or conflicting beliefs to the contrary, and the proportionate level of emotional energy present. All these elements must be a match with each other and flow effortlessly in your life to have full effect.

Yes, it can be a fine balance to effectively and knowingly use the Law of Attraction and it presently requires our physical interaction to follow through with a higher level of active intuition to move things forward in their proper direction. This is never done in a forceful manner. In fact, the true full power is all in the balancing of our thoughts, emotions, and burning desire without any internal conflict for that which we want to create. The Law of Attraction is always at work, so be a deliberate creator and manage and choose thoughts wisely- thoughts eventually become things.

Conclusion 

In the end, we are all willful creators in the world we personally experience and create on both an individual and collective level. There is great life-affirming power contained in these four Laws of Life and when you apply them or rather let them guide you life, those unanswered questions are diminished.

It would be wise to remember that now upon Earth there are many co-creative partners all bringing into creation their diversity of beliefs and desires. Soon we will hit a tipping point where as partners we will agree on key provisions that promote life on earth equitably rather than destroy life while maintaining an ever expanding universe governed by free-will.

Criminal Law Information

According to criminal law, crimes are offences against the social order. In common law jurisdictions, there is a legal fiction that crimes disturb the peace of the sovereign. Government officials, as agents of the sovereign, are responsible for the prosecution of offenders. Hence, the criminal law "plaintiff" is the sovereign, which in practical terms translates into the monarch or the people.

The major objective of criminal law is deterrence and punishment, while that of civil law is individual compensation. Criminal offences consist of two distinct elements; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind). For example, in murder the 'actus reus is the unlawful killing of a person, while the 'mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also details the defenses that defendants may bring to lessen or negate their liability (criminal responsibility) and specifies the punishment which may be inflicted. Criminal law neither requires a victim, nor a victim's consent, to prosecute an offender. Furthermore, a criminal prosecution can occur over the objections of the victim and the consent of the victim is not a defense in most crimes.

 

Criminal law in most jurisdictions both in the common and civil law traditions is divided into two fields:

* Criminal procedure regulates the process for addressing violations of criminal law

* Substantive criminal law details the definition of, and punishments for, various crimes.

Criminal law distinguishes crimes from civil wrongs such as tort or breach of contract. Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms at large whereas civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law. Although many ancient legal systems did not clearly define a distinction between criminal and civil law, in England there was little difference until the codification of criminal law occurred in the late nineteenth century. In most U.S. law schools, the basic course in criminal law is based upon the English common criminal law of 1750 (with some minor American modifications like the clarification of mens rea in the Model Penal Code).

Types of criminal law are: Arrests and Searches, Drug Crimes, Juvenile Law, Drunk Driving / DUI / DWI , Parole, Probation, Pardons, Violent Crimes, White Collar Crimes and Military Law.