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Becoming a Migration Agent

Becoming a migration agent can be quite a profitable business venture as there is a great deal of interest in migrating to western countries such as the United States, Australia, Canada the United Kingdom and England. Basically an agent is someone that uses knowledge or experience of procedure to assist other people to apply for visas. You need to register as an agent if you conduct this activity for profit. Those covered by this requirement include people providing assistance to people bringing court proceedings in respect of migration decisions and providing assistance to people who ask the government to exercise a personal discretion after a decision by a tribunal or in respect of certain people in immigration detention.

Help with an application for Citizenship is usually not included in the definition of immigration assistance in most countries. However, it is advisable to obtain advice on citizenship issues from a competent migration assistance professional. It is also important to be aware that not all lawyers are agents and not all agents are lawyers. Relatively few professionals hold both qualifications. There are also a range of people who can provide immigration assistance without the qualification of being a migration assistance professional. These people include lawyers advising on court proceedings, parliamentarians and their staff, employers intending to sponsor an employer sponsor visa, sponsors of visa applicants, diplomats, public servants and close family members.

As an example for Australia, in order to become a registered migration agent, a person must make an application for registration on an approved form to the Migration Agents Registration Authority, be over 18 years old, be an Australian Citizen, be proficient in English, be a person of integrity and have a prescribed qualification which can include a legal practicising certificate from any state or territory of Australia or completion of an approved course under the regulations. A registered agent will need to hold professional indemnity insurance and publish a notice of intention to register on the Migration Agents Registration Authority website. The registration office has a policy of checking a person’s character by using an Australian National police record check. Also, where a lawyer applies for a migration agent authorisation, their profesional indemnity insurance through the law society concerned is sufficient to meet the requirements for the need for insurance under the regulations.

Only a commercial migration agent can charge a fee for providing immigration advice or assistance. This provision does not prevent a lawyer charging for immigration legal assistance. Migration assistance professionals report an average income of approximately $70,000.00 per year. Migration is a field of law that allows one to assist people to come to Australia which is an excellent country to come to for those looking for opportunities.…

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Why Your New York State Breath Test May Be Falsely High?

Living in the land of “Ignorance is Bliss” and “What you don’t know won’t hurt ya” can cause lots of problems for the guy on the street, and moreso for criminal defense lawyers. Understanding the science behind DUI machines can open your eyes to the truth. It’s crucial for the police to check your mouth and to watch you for 20 minutes before giving you a breath test. Contaminated samples (with mouth alcohol) can give falsely high results.
In upstate New York drunk driving tests the police take only one breath sample. The city and town police use the Datamaster breath machine, and the breath is checked only one time for alcohol. State police use the Draeger Alco Test which checks the same sample twice.
Scientists in labs normally do “duplicate” testing. They test two separate samples. Many states do duplicate sampling. I am a fan of the CSI TV show, on the show it is the forensic norm to test two separate, and distinct samples for all criminal evidence. This lab procedure assures greater accuracy of the results because we have confirmation.
Upstate NY Police Procedure: One Sample with One Test = NO Confirmation of Results
Imagine for a moment going to the doctor, and getting a high blood pressure reading on his machine. Should the doctor make a diagnosis based solely upon the one test, and prescribe medication? Doctors have to have three separate office visits with a showing of high blood pressure before making a diagnosis of high blood pressure let alone prescribe drugs for this condition. How about a more serious scenario, you have a blood test for HIV, and you are told it is positive. Imagine if the doctor states that you cannot have another test. Sorry, no second opinions for you, you just have to live with those results. Having to live with the results of one single test means coming to a conclusion with NO confirmation. This is in my opinion bad science, bad medicine, and bad testing.
Well having a breath machine spit out a number without confirmation of the result is scary stuff. The machine is an unsworn trial witness.
An inaccurate test result is bad enough but when you only get one opinion (from one test sample), and the police make that one test critical to your guilt or innocence of DWI (based on that one test) then fairness has been eliminated from the process. In a State without an expungement statute that truly is a life sentence.
Take away: To insure a clean and accurate breath sample your defense attorney must check that the police did a mouth check, and followed the mandated 20 minute observation period before your test.…

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What Is Contributory Negligence?

Contributory negligence does not refer to the breach of a duty of care. Rather, it refers to a careless act or omission of the plaintiff which contributes to the loss or damage which forms the subject of the plaintiff’s claim for damages. At common law, the contributory negligence of the plaintiff is not a defence to a claim for breach of contract. In other words, unless the contract provides to the contrary, it is not a defence to a claim for breach of contract if a defendant to show the plaintiff’s carelessness contributed to the loss or damage which forms the subject of the plaintiffs claim.
Nevertheless, the requirement that the plaintiff prove that its loss or damage was caused by the defendants breach of contract necessarily means that if the plaintiff’s own carelessness breaks the chain of causation between a breach in the loss or damage the plaintiff will fail, not on the basis of contributory negligence but on the basis that the loss or damage was not caused by the breach. The positioning port was somewhat different. At least in relation to the tort of negligence, at common law plaintiff would fail completely in relation to any claim relying on loss or damage resulting in part from the plaintiff’s own carelessness. This defence of contributory negligence operated in addition to the causation requirement. However, the law is modified by the apportionment legislation, under which contributory negligence ceased to be a total defence. In place of the all nothing approach of the common law, the apportionment legislation requires the court to reduce the plaintiff’s claim to reflect the plaintiff’s degree responsibility for loss or damage.
Under a series of High Court decisions there was considerable doubt whether the legislation, as originally enacted, applied the cleansing contract. The High Court has held a number of occasions that the legislation does not apply to cleansing contract. The effect of that decision was soon reversed by legislation amending the apportionment legislation in most jurisdictions. However the key case which the High Court used to expound this principle continues to govern the matter in Western Australia and also in situations to which the amended legislation does not apply.…

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You Could Lose Your Job Because of Your Company’s Workplace Harassment Laws

Legally, the definition of workplace harassment is simply an act that will lead to a workplace environment that is hostile. It does not have to be a serious act, it could be something as minor as calling someone a supposedly harmless name, the wrong name, and you can imagine what I meant by that. That kind of behavior has become epidemic in many in many workplaces in the past decades. Consequently, the enactment of nationwide workplace harassment laws.
It would be something most would agree is quite serious; such as a racial epithet, marking fun of a person’s religion, a joke or a rant about someone’s sexual orientation. It seems to some that it goes on forever; that you can’t say anything to anyone these days without running it by your lawyer.
As ridiculous as some people think certain harassment laws are, it is fair to say that these laws, to a significant degree, make a lot of sense. For example, such harassment, or bad taste humor, could seriously affect someone’s job promotion; or even result in their firing through nasty untrue rumors. It could be psychologically damaging, which could be worse than losing their job. You certainly would not want to be on the receiving end of that.
And according to most harassment laws, all this is not just focused on bad taste jokes, obscenity, or threats. There are certain fighting words, keywords; such as feminism, black power and gay rights, which could be used against someone in a very negative tone. That might be all that it takes.
Even something as well-meaning and simple, to some at least, as broadcasting a Catholic prayer, through the company’s PA system close to Christmas Day could be seen as harassment. That would be because it would be interpreted by some as a display of religious preference on the job.
The implementation of your companies workplace harassment laws, therefore, are meant to protect both the majority and minority. They serve as the deterrent to future discriminatory actions by fellow employees, or the company itself.
Yes, many of us would probably think that some of this is nonsense, and probably be correct, but overall it makes significant sense; within reason. Especially if you consider that you could be such a victim some day. And that day you would then be protected.
Are you having problems on the job with an unreasonable boss? The Undercover Lawyer may be able to help. Check him out here!…

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Accident Claim Trap (ACT) – ACT Against It – Truth About Insurance Companies

It’s on the rise but unfortunately insurance companies are trying to deploy various tactics to avoid a person involved in an accident using a personal injury lawyer or solicitor. It’s all about money. Insurance companies are trying to save money by dealing with compensation claims themselves or with a solicitor of their choice. Now, common sense should prevail here and you should be able to see straight through these insurance companies. They are not interested in your well-being or your circumstances, they want things dealt with, as quickly as possible, with minimum pay-out.
Take for example, the person at fault, who causes the accident sometimes can turn around and offer to pay you for damages there and then, at the scene. Now why does this happen? This happens for a reason. We aren’t mind readers but we can assure you that, apart from being humble, people try to do the same things that an insurance company does. People at fault, who cause the accident want to settle the damages, before you have time to think things over, and want to make a quick and smaller payment before things, that happened, can really sink in. What a coincidence, the same tactics are deployed by insurance companies. These people and companies are putting you on the spot, by giving you a small incentive in order for them to deal with the accident or injuries the way they want to, without taking your best interest to heart.
Compare Compensation Claims advises all our website users, clients or any person for that fact to always seek professional, expert legal advice from personal injury lawyers or solicitors before making any hasty or forced decision. It is a worrying trend that victims of road traffic accidents and traffic collisions are being urged to accept pay-outs for compensation directly from defendant’s Insurers before they have a chance to seek legal advice. It has been reported that insurers are pressurizing claimants to settle their claims without them having had any legal advice and without any medical evidence.
ACT against insurance companies who put you on the spot, trap and convince you that they offer you the best deals and services for your accident claim. Tell them to stop right there, give you the space and time to think things over and seek legal advice before you make any hasty decision. By law you have 3 years to make a compensation claim so there’s no need for any rushed or regretful decision.…

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What Are the Duties and Rights of an Agent in Law?

The agency relationship between an agent in the principle is based on a contract between them and it is a fiduciary relationship. The duties of an agent to principle are to follow the principles instructions, to use reasonable diligence care and skill, to act in person, to act in the principles interests and not to disclose confidential information. The final element of the duty is to keep the principles money separate, to keep accounts and be ready to account for those monies were required. If an agent agrees to make a contract principle and is not make the contract they agreed, there is a breach of the contract between the principle and the agent and the agent may be liable in damages to principle.
Perhaps the most important and controversial area in relations to the agents duties is their duty to use due care, skill and diligence. An agent is under a duty to carry out its agency with these characteristics which arises from an implied term of the principle and agent contract. Also, the ever evolving law of negligence has a bearing on the situation and the warranties of due care and skill and fitness for purpose in relation to the supply of services implied by the trade practices legislation in Australia and unfair trading equivalence in the state jurisdictions in Australia. The standard expected of what is reasonable for an agent is defined in terms of a reasonable effort in the case of free services and means a professional standard of paid services. The agent may be legally liable Freni failings, shortcomings or mistakes. An agent will not be liable in negligence if they have verify the correctness of information or advice or if the agent is checked information with the principle. In agent it is not have the relevant information should disclose this fact to the principle and may avoid liability by honestly explaining limits of their knowledge. If you are in any way involved in a principle agency relationship in your business, it is certainly important to understand this principles of law so that you can apply them to your business relationships.…

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Why You Need To Hire A Business Lawyer

When starting up a business there are many legal aspects that the business owners do not even know about or consider. A business lawyer is needed to make sure the company is following the law and everything they do is within the limits of the law. The lawyer will also help make sure the business is protected from customers and make sure all IRS requirements are met.

Reasons to Hire a Business Lawyer

Government Rules and Regulations

The business ha to make sure that no laws are being violated. They also need to make sure the tax documents are filed correctly and all rules and regulations are followed. The lawyer will make sure that the business is operating legally.

Third Parties

When dealing with the general public it is important that a lawyer developed methods to help control the risk. People are always looking for a reason to sue and the lawyer needs to make sure the business is protected. The Dallas business lawyer will need to make sure all employee relations are conducted lawfully from hiring employees to fair pay. They also need to make sure all interactions with suppliers and policies are legal.

Co-Owners

When people get together to form a business they are on great terms. Things do not always stay this way. The lawyer will help lay down the rights and expectations of each owner upfront. This legal work is needed in case of future disagreement. The lawyer will also help to make the business incorporated or a legal business entity. They will also help with contracts with suppliers and others. They will also write up responsibilities and expectations for each owner.

Cost of a Lawyer

Some lawyers will work on an hourly basis. The fees will run between $350 and $800 an hour. The lawyer will need to complete paperwork and that does take time so be prepared to pay the lawyer an upfront fee that can be hefty.

Incorporating a Startup

When a business is starting up there are additional fees that they need to pay in addition to supplies and other common expenses. They will need to pay a lawyer to incorporate the business. This fee will cost between $2,000 and $5,000 based on the complexity of the business and the number of owners. It will also depend on if the business is going to be an LLC or a corporation and how they are going to handle specific business items.

Things to Look for in a Business Lawyer

Answering Questions

When just opening a business the owners are going to have a lot of questions. The lawyer should take the time to answer them, even if they may seem basic. This will help the owners get to know and get to trust the lawyer. If they do not want to be bothered that lawyer may not be the best one to hire.

Hidden Cost

A lawyer needs to be upfront about the fees. They should put all of their fees and service charges in writing. If there are hidden cost the clients will not be pleased and they will still have to pay this money. A good business lawyer is looking to offer services at a cost-effective price.

While hiring a lawyer for a startup business may seem expensive it is well worth this additional cost. The lawyer will make sure that the business is operating legally and have documents and policies set up to handle any problems down the road.