Archive for December 2009

Is there a source of free legal advice in the united states?

My friend is in desperate need of good legal and financial advice regarding some very serious issues. It will be almost impossible for her to pay normal Lawyer/Solicitor rates. Is there a free source of legal advice in the united states. She lives in Florida. ANY help would be HUGELY appreciated. This is very urgent.

Thank you so much for reading.

-James

P.S. Over here in the UK there is the Citizens advice Beurau who give free advice, is there an equivalent?

I was looking for some legal information and I found this website earlier: http://criminal-law.freeadvice.com .
I hope this helps

Who is liable for internet libel?

I was reading the info. about the Barrett v. Rosenthal case and here is a hypothetical situation.
1. Person a sends a libelous e-mail to person b.
2. Person b takes the libelous e-mail, with permission from person a, and posts it onto a non-interactive website (NOT a blog, NOT a chat room)
Who is legally responsible for libeling person c (person c is the one discussed in the libelous e-mails that were created by person a and posted onto the internet in a non-chat, non-forum, non-blogging website by person b)?
Thanks for your speculation!
P.S.–The key word here is "e-mail" Keep that in mind because that’s where the libel started and was then posted on a NONINTERACTIVE website. I would prefer an attorney answer this question. Thanks!!!!!!

There is libel certainly. A said something libelous about C to B. This is communication to a third person of an untrue message (you called it "libelous" so I’m going to assume that it is both (a) untrue and (b) CAUSING harm to reputation or libel per-se. I’m also going to assume that the person wasn’t privileged and that either the person libeled wasn’t a public figure or the e-mailer wrote the e-mail with actual malice). Remember libel doesn’t need to be published in a newspaper — one third-party communication is enough (although getting damages is a different story).

Second, because B posted this to what can only be described as his own website. This was "publication" to a third party. Now, if the libeled person is a public figure, and the person was not posting with "actual malice" (i.e. knowing the information was false or posting with reckless disregard of the truth) B may not be liable so long as a jury would find that repeating the words of A didn’t constitute "reckless disregard for the truth" (i.e. if A was a reliable source).

Now, here are the interesting questions:
(1) Can A be liable for damages arising from B’s posting???
This is, to me, an issue of proximate causation, rather than an issue of libel law. If A could have reasonably assumed that the natural and probable consequence of A’s libel would be the further publication by B (let’s say B was Matt Drudge and A knew that he unscrupuously posts everything he hears), there would likely be liability not only for the (minute) damage from sending the e-mail, but also for the (perhaps much larger) damage from the website posting.

(2) Can the ISPs be liable? The ISP of A who sent the e-mail, or the ISP of B who posted on the website?
The first ISP (ISPa) probably can’t because an e-mail is a medium in which people haev reasonable expectations of privacy, at least for libel law. The ISP could be no more liable than a paper manufacture could be liable if someone used their paper to write a libelous poster posted all over town. Now, ISPb perhaps could be liable if they did not comply with the "safe harbor" provisions of the Digital Millenium Copyright Act and similar federal laws that affect internet service providers’ liability. Or the ISP may not be liable under state common law for the same reasons that ISPa wasn’t liable — they’re a method of communication and not a message ORIGINATOR.
I’m also assuming that the NONINTERACTIVE website is owned by B, because how else could he "post" to it. Thus, you don’t have to worry about a blogger being sued because someone hijacked the post and posted libelous messages.

Feel free to send me an e-mail about this if you have more questions

Is it legal to use a protected hidden blog entry that was meant for your eyes only in a legal matter?

My ex, I found out recently from her protected/hidden/personal blog entries is using meth. She posted granted only to this personal journal that she has a $400 a week habit, that she is screwing her drug dealer for and whom ever he wants her to screw for money for him…i.e… he’s now her pimp.

I haven’t been following her activities because I’m obsessed, sigh actually my current girlfriend caused me to ask around about this as I was only worried for one reason which I will expain below. I’ve been suspecting drug use due to in the last 8 months she’s lost 3 teeth and her personal hygiene has been rather suspect.

Add the fact of my suspicion and that she is the mother of my 18 month old twin daughters.

I am uncertain and do not have the fund at present to consult a lawyer.

Anyone that has knowledge or could point me in the right direction feel free to do so.

Yes, it IS legal to use this information against her in court. It happens all the time. Print off a copy of the pages where she admits this. People don’t understand that the things they say can affect the, regardless of where they say it.

Talk to a couple lawyers about your situation. Sometimes you will find one that will take up your case pro bono, especially if you have good evidence and a high probability of winning your case (such as a custody case if you can show she is unfit to care for your daughters due to meth use).

Getting pictures online and putting on my blog, is it legal?

I want to make my own blog site, and im getting pictures from multiple sites and blog sites as well, does this violate any law that i should be aware of? thanks!

It will probably violate copyright law. Generally speaking, under copyright law, such photos are owned by either the photographer or the publisher as a work for hire product (i.e. the photographer was paid to take the photograph by the publisher with the understanding that the publisher gets the ownership rights).

In the United States, federal copyright law can incur some hefty statutory penalties for copyright infringement and the copyright holder does not have to warn you or tell you to take down the infringing content first.

There are a couple exceptions to copyright infringement. One is that copyrights expire after a period of time and become "public domain" meaning anyone can use them. The period of time varies depending on when the item was first published but generally speaking we are talking about fairly long periods of time (usually 95 years or the lifetime of the author plus 70 years in the United States) so it is not likely to apply to most if not all of the photos you might be interested in using for your website.

Another exception is use under the fair use doctrine. In its most general sense, fair use is any copying of copyrighted material done for a limited and "transformative" purpose such as to comment upon, criticize or parody a copyrighted work. Depending on the relationship between the photo and your accompanying commentary on your blog you might have a valid fair use defense but you should be aware that fair use, unless it is so obvious that the copyright owner deems it not worth pursuing an infringement claim, often ends up being determined among lawyers in a court room which ends up costing you lots of money.

If you want to use the photos the best course of action is to contact the owner of the website and ask if they own the copyright or licensing rights and ask for their permission to publish it on your blog site.

Also look for watermarks on the photographs that indicate the copyright owner. If a photo bears a copyright watermark you absolutely must get the permission as it is often indicative that the copyright is owned by a stock photo company and such copyright holders often tend to vigorously enforce their copyrights and regularly scout the internet for copyright infringement.

Saving Tips for Utah Auto Insurance Buyers

Utah is a big state in the United States of America. Most times individuals who look for car insurance cover policies are usually scared and filled with doubts on how to get the perfect deal. Getting the required insurance deal at the ideal price is important hence steps that will help buyers of vehicle insurance in Utah get cheap charges are explained below…

Use the internet to get car cover providers and study their quotes. Feel free to use the services of a third party, a professional in the industry and compare the results you get from them. You are advised to do this research before setting out for an Utah Car cover deal.

Access your vehicle to find out the type of coverage you will go for. If your car is old or it is going to be driven by many drivers in your home or it may even belong to a lien holder, then you may need to add a towing coverage and your premium may likely be high. You also bear in mind how much you can be comfortable to part with monthly.

In some past years, getting different rates and studying the prices of different car cover companies use to be a very stressful task but now, thank Goodness for the computer and the internet, you can now get this premium while resting comfortably in your home or in the relaxed atmosphere of your office.

Your car cover plan is very important if you must drive. A basic fact here is that it gives you the legal freedom to drive an automobile without you being disturbed by any security operative and more, it is also good security for your car.

Ideal car insurance companies will grant you free professional service advice whenever you request for one.

Where To Get This in Utah? Click Here: Best Utah Auto Insurance

NDIMELE IKECUKWU PHELIM
http://www.articlesbase.com/insurance-articles/saving-tips-for-utah-auto-insurance-buyers-692340.html

MySpace Friend Adder Marketing

It really isn’t as hard to make money on MySpace as you may think it is. In fact, the only real problem with marketing on Myspace is getting views from people and then getting them interested in whatever your selling. However, this can easily be fixed by simply adding a lot of friends to your MySpace friend account. Unfortunately this usually takes a long time, especially if your doing it by hand right? Wrong!

In fact, there are actual programs out there that you can download which can effortlessly allow you to automatically add as many friends as you want. Some of these programs will even let you divvy the users up so you can pick and choose who you want to add. For example, say I want to reach just men, ages 35-55, who live in the state of Florida; well these programs will let you do exactly that, and a whole lot more once you configure the program a bit more to what you want and how you want it.

You really can be as picky as you want and still get a ton of users. I mean Myspace alone has more than 250 million users. You can choose from location, sex, age, interests, why they are on Myspace, keywords, etc. Obviously all of this can come together quite nicely if you think before you do. Come up with a plan. For example, if you are an affiliate with a Wine or Liquor program such as http://www.Wine.com it’s a good idea to go and find the states that actually allow the shipment of alcohol. In Pennsylvania its against the law for us to order ANY type of alcohol online and have it sent to our home.

Research this stuff! The last thing you want to do is send out 10,000 friend requests to people who won’t have an interest in your niche or can’t have it shipped to them. Don’t waste time making dumb mistakes!

When dealing with these programs you can automatically add friends obviously, but you can also send them comments, PMs, and bulletins; automatically. Yep you heard me! Say you have 50,000 friends, and you want to promote something like your website, service or product, simply pick which friends you want to send the comment to, and voila, you just sent 50,000 comments to 50,000 people in a matter of minutes. Easy as pie. And it will pay off in the end!

Be sure to try and make comments and bulletins as professional looking as humanly possible. You want these people to think you’re a real professional not just a Joe Shmo trying to sell them something. Usually for the most part people don’t like being “sold”, so remember this when speaking to people!

And lastly, make sure your profile is also as professional as can be. Try to have a nice clean looking layout, nothing too complicated, but nothing to bland either. Include links on your profile to whatever you are selling or to websites you want to promote, tell people a little bit about yourself but keep it “clean”. I always find when I see a site on MySpace that looks professional and I go and read the “about me” if it’s too “odd” or it sounds like the person got a little too personal about themselves, I will usually click off the page. So just be careful about the content and fluidity of your profile/blog/photos. Good luck!

Kristi Ambrose
http://www.articlesbase.com/art-and-entertainment-articles/myspace-friend-adder-marketing-696749.html

is there anywhere I can get free legal advice on child custody laws?

Im getting ready to leave my husband and I want to move with our daughter back to my home state Pennsylvania. Can I legally do that, and how do I get custody of her so that I can? And is there anywhere I can get free legal advice?

Every state has law libraries. Google it, find one near you, go in and ask how to use the place. Just say I need to learn a few things about child custody laws. Flirt with a cute guy in a suite, he will help you.
Also use Ask.com, just type in your question and it may pop up an answer you need.

Can you put a clause in the divorce that states parties can’t badmouth each other?

I am in the process of going through a painful (but childless – thank God) divorce with an attorney who keeps a blog and was quite fond of covertly recording our private conversations, arguments, and sexual activities. I am not an attorney and don’t know much about the law. Is there any way that we can put something in the divorce decree that states that neither party can badmouth or otherwise cause the other person to loose esteem because of things the ex says. I really don’t know how to protect myself here, but I have an attorney already.

Bottom line – I am afraid that he is going to talk sh*t about me online, send the tapes out to his friends and/or people I know (he has already threatened to), as in intentional infliction of emotional distress, defamation, etc.? Is there anything I can do?

He has me really intimidated right now, like I’m backed into a corner. There is no way to save the marriage, but I don’t need him ruining my life without him out of spite.
My husband (soon to be EX) is an attorney and is representing himself.

My friend went through this. She had it put in the decree that he could not bad mouth her and ALSO you do know you can fight for all those recorded things he has of you! She fought and he had to destroy them and if anything shows up later he has to pay her $50,000 per item! This is not a joke and I am telling you she won this was a Maryland divorce but she was told by someone in New York to do this.. She was told you can put anything in a divorce no matter where you live so maybe you should too.

Do TV shows like Damages perpetuate the myth that lawyers enjoy healthy job prospects?

Rose Byrne’s character comes out of law school and gets an offer for $150K from a law firm starting out as a junior associate. Patty Hughes, from a rival firm, also wants to talk to her, and presumably offers her a lot more.

From what I hear from a lot of law school graduates, finding a good job, even making a good living as a lawyer is actually pretty hard to do. Many end up working as paralegals if they’re lucky. Michigan State actually tried to counter a blog posting from a law school graduate who claimed her education was worthless and did nothing for her.

Yet, scores of liberal arts graduates still go to law school in packs. You would think they learned about useless degrees from undergrad!

I can tell you that I recently went through the job search process to try to land one of those big paying, big firm jobs. They do start people out at around $150K and the myth is that if you make law review (top 10% of your class) then you’ll get those jobs. Well, I made law review and I can tell you that is completely false. The good paying jobs go to the law students who have lawyers as parents that can hook them up, regardless of their academic merit.

As it stands I’ll probably be a public defender making $30,000 a year (which is $10,000 less than it costs to go to law school for a year).

Does I violence law when I put a copyright picture on my blog without giving author name ?

The picture was issued under creative common license (BY – NC – SA), but since I only put it on my personal blog which is public to some of my friends then I didn’t violence any copyright law, right ?
Thanks for replying. I also want to know whether the law of copyright is different based on country ? For example: in my case, I will violence the law if I was in US, but if I was Vietnam I won’t violence the law ?

Or the copyright law is issued worldwide and applied to any country ?

You can use any pics on your blog. What you do, is acknowledge the original owner in small small print just to protect yourself. This way, it won’t kill your blog.
Copyright laws are for those who make a living or money on other peoples’ work.