[BBL2014]Uberrima Fides

Uberrima Fides or uberrimae fidei is a latin phrase meaning "utmost good faith". This is the total opposite of caveat emptor (let the buyer beware) as Uberrima fides is a legal doctrine which governs insurance contracts where all parties to an insurance contract must deal in good faith by making a full declaration of all material facts in the insurance proposal.

Link:
http://en.wikipedia.org/wiki/Uberrimae_fidei

[BBL2014] Lecture Question 2

"Geena runs an unregistered online investment portal from her home in KL where she managed to get people deposit money to her account.
It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport."

i)Determine Geena’s liability: civil or criminal?

Civil law can be defined as "A body of rules that delineate private rights and remedies, and govern disputes between individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law." In this case, Geena is liable in a civil law.

ii)What law(s) and statutes you think Geena has violated?

Geena has commited an act of Fraud by running an unregistered online investment portal and having a fake passport in her possession.

[BBL2014] Lecture Question 1

"When driving his car home in Georgetown, Ryan called and talked with his wife through his mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian."

i) Is Ryan liable under civil or criminal law?

The term criminal law is defined by "A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts."

In this case, Ryan is liable under criminal law as his actions of talking with his wife through his mobile phone without the use of hands-free device puts all road users in danger which includes other drivers, motorcyclists and pedestrians.

ii) Should this case go to court, what will be Ryan’s right?

Ryan has the right for a lawyer and a just trial.

iii)What should the pedestrian do to recover his injuries/loss?

In a normal scenario, it is proper for the pedestrian to lodge a police report for an investigation. With the investigation, the wrong-doers can be put for trial and the pedestrian can claim insurance coverage as compensation.

[BBL2014]Cyber Attack on Revere Candidate

Not long aftr Corey Abrams announced that he was running for a seat on the Revere City Council, an unidentified caller threatened to post pornography on a site that the caller had created and called "coreyabrams.com". Unless, Corey Abrams paid the caller for the domain name. Abrams refused and within days, graphic pornographic images appeared on the website, accoding to his campaign manager.

Comment:
"Attorney General Martha Coakley’s office is investigating allegations of extortion and civil rights violations, according to George Rotondo Jr., a four-term Revere city councilor, and Kerri Abrams Rampelberg, who is Abrams’s sister and campaign manager."

Link:
http://www.boston.com/news/local/massachusetts/articles/2010/04/18/revere_candidate_target_of_cyber_attack/

[BBL2014]Redding man released from prison, only to be sent back for being an atheist

Fact: Barry A. Hazle Jr, a 41 year old Redding computer technician had served a year in prison on a drug charge. After he was released, his parole agent sent him back to prison for being an atheist.

For his release, he was given a condition that he is ordered to attend a 90-day, inpatient drug treatment program. Hazle agreed to the program but prior before his release, he told prison officials that he wanted to be sent to a "treatment facility that did not contain religious components", as was stated in the Federal Court papers. However, he was assigned to the Empire Recovery Center in Redding which is a 12-step program pioneered by Alcoholics Anonymous and includes a strong religious overtone.

Mitch Crofoot, Hazle's parole agent of that time, instructed Hazle that "he should continue to participate in the Empire program or he would be returned to prison". He kept attending the program but also persisted in objecting to the arrangement and with a written appeal presented to Crofoot on 3 April 2007. Three days later, Empire workers told Crofoot that Hazle had "been disruptive, though in a congenial way," according to court papers.

Held: Hazle sued officials with the California Department of Correction and Rehabilitation in September 2008. Six weeks after that, the department issued a directive stating that parole agents " can not compel a parolee" to partake in a religious-themed programs if the parolee objects on religious grounds and they should be referred to nonreligious programs, citing an opinion issued "Sept. 7, 2007, by the 9th U.S. Circuit Court of Appeals."

Link:
http://www.sacbee.com/2010/04/17/2685285/judge-backs-redding-atheist-who.html

[BBL2014]Solar Power Scandal

Fact: The Spanish Ministry of Industry was caught in a fraud. Inspections were established and found out that several solar power plants were generating current and were feeding it into the net at night. To produce a larger amount of current as would of a larger installation could possibly accomplish, diesel generators were attached by the operators.

“This is just the tip of the iceberg,” said one industry expert to the newspaper “El Mundo”, which brought this scandal into the light. The scandal led to an amounted damage of 2.6 million euro.

In Spain, the state paid 2.3 billion euros in 2009 to subsidize for solar energy.

Link:
http://wattsupwiththat.com/2010/04/13/the-insanity-of-greenery/
http://translate.google.com/translate?hl=en&sl=de&tl=en&u=http%3A%2F%2Fwww.bluewin.ch%2Fde%2Findex.php%2F24%2C265341%2FSchwindel_mit_Solarstrom_in_Spanien_aufgeflogen%2Fde%2Fnews%2Fwirtschaft%2Fsda%2F

[BBL2014]Caveat Emptor : "Buyers, Beware!!"

Caveat Emptor is a Latin phrase meaning "Let the buyers beware". In other words, it serves as, "A warning that notifies a buyer that the goods he or she is buying are "as is," or subject to all defects".

Under this case, when a sale is subject to this warning, the purchaser must assume the risk that the product or goods to be purchased might be either defective or not suitable to the purchaser's needs.

This rule is not designed to protect sellers who engage in activity of fraud or bad faith dealing by making misleading or false representations about the quality or condition of a product that is being sold. Caveat Emptor mere;y summerizes the concept that a buyer must in his or her own rights examine, judge and test the product that is to be purchased.

Read up links:
http://legal-dictionary.thefreedictionary.com/caveat+emptor
http://en.wikipedia.org/wiki/Caveat_emptor

[BBL2014]Insurance Law, an Overview

In this time and day, everyone has purchased insurance. Insurances such as Life insurance, Health insurance, Property insurance and Auto insurance are among the most common insurances that people would buy in order to ensure that those objects under the policy would be compensated should it have met any harm.

However, even insurance has its own law abiding it.
"An Insurance Policy is a legally binding contract between the person who buys the policy and the Insurance company. The person who buys the policy is commonly called the "Policyholder", who is also often the person insured.

The policyholder pays a specified sum of money, called the "Premium" to the Insurance company in exchange for an agreement by the Insurance company to pay a certain types of loss or damage as specified in the contract. In the event a loss occurs, which meets all the requirements described by the terms of an Insurance policy, the loss is said to be "covered" by the policy."

Under the Insurance Act 1996 which would be clearly defined here: http://www.bclaws.ca/Recon/document/freeside/--%20i%20--/insurance%20act%20rsbc%201996%20c.%20226/00_act/96226_02.xml


For more reading about the insurance Law, try these few sites:
http://www.lawyerment.com.my/Insurance/
http://www.commonlii.org/my/journals/JMCL/2002/2.html
http://www.bnm.gov.my/index.php?ch=14&pg=17&ac=545&full=1
http://www.bclaws.ca/Recon/document/freeside/--%20i%20--/insurance%20act%20rsbc%201996%20c.%20226/00_act/96226_00.htm

[BBL2014] Contract Laws

http://www.youtube.com/watch?v=HQZ4YmFuG2A

http://www.youtube.com/watch?v=rNLkQvz_BdY&NR=1


Searching through youtube, I found this interesting clip that has everything that we are learning in class. Taken from the movie Gung Ho, learn about the application of contract laws in real life.

[BBL2014] Kansas man attacks bus driver, causes crash in Sevier County

Fact: A Kansas man(not named) stood up, ran to the front of the bus and kicked the driver in the head which caused the driver to lose control of the bus. The westbound bus veered through a median and across oncoming traffic about 11:25pm when it hit a fence and stopped near the town of Joseph. The man, who attacked the driver, then ran from the bus when it crashed and hid at a home in Joseph. He was found in the rafters of a garage, the Utah Highway Patrol reported.

Held: The man was booked into the Sevier County jail on suspicion of bus jacking, aggravated assault and trespassing.


Link: http://www.sltrib.com/news/ci_14685853

[BBL2014] Drunk, high dad leaves baby in oven overnight, police say

Fact: A Kentucky man, Larry Long age 33 was high on marijuana and drunk on whiskey put his 5-week-old son in the oven Sunday and left him there overnight, police said. In a statement by McCracken County Sheriff Jon Hayden, Larry Long returned home after smoking marijuana at the restaurant where he works as a cook to share a fifth of whiskey with the baby's mother, Brandy Hatton. At 5:30 the next morning, Hatton awoke to the sound of the baby's cries coming from the oven. The baby had been in it for several hours, police said.

Held: Police arrested Long and charged him with first degree wanton endangerment. He is being held on bail of $10,000. In Kentucky, a person is guilty of wanton endangerment in the first degree when, under circumstances manifesting extreme indifference to the value of human life, he wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another.

Link: http://www.cnn.com/2010/CRIME/03/16/kentucky.oven.baby/

[BBL2014] The world's Strangest Laws

Laws are made to help keep order in check. However, at times, laws made can be quite ridiculous as can be found in all countries. Laws differ from country to country or even state to state depending on how important the Law would serve them. Here's a few:

"In Victoria Australia, only a licensed electrician is allowed to change a lightbulb."

"In Victoria Australia it is forbidden to wear pink hot pants after mid-day on a Sunday."

"In England, it is illegal for a cab in the City of London to carry rabid dogs or corpses."

"In England, it is illegal to die in the Houses of Parliament."

Here's where you can find the rest:

http://www.dailytelegraph.com.au/news/wacky/the-worlds-strangest-laws/story-e6frev20-1111114208087

[BBL2014] Suspect arrested in cinema thermometer stabbing

Link: http://www.kmir6.com/Global/story.asp?S=12160390

I came upon this news and found it to be quite disturbing as to what people can get themselves into nowadays. A 39 year old man was found under suspicion of attempted murder of stabbing a meat thermometer into the neck of a moviegoer. The victim was stabbed and suffered serious injuries after complaining about someone talking on a cell phone.

Thinking about this case really got me thinking. Should the accused be found guilty, he would be charged with manslaughter of the first degree unless he is otherwise not mentally stable. It’s either he did it knowing of the consequences or he could be a nut-case.

[BBL2014] Grand jury declines to indict lawyer in barratry case

Link: http://www.chron.com/disp/story.mpl/metropolitan/6919798.html

Lawyer Lloyd Oliver was originally indicted in August 2009, accused of working with a homeless man to solicit defendants. The action by the grand jury effectively ends any charges of barratry against Oliver. Assistant Harris County District Attorney Kelli Johnson took the case back to the grand jury where Oliver testified and was given a no-bill. The indictment was thrown out earlier because of a procedural error.

The homeless man, Perry Mason, who was befriended by Oliver (from Oliver’s statement) sells cigarettes and bottles of water outside of the jail at 21 San Jacinto and remains under indictment, accused of soliciting clients by handing out Oliver’s business cards outside the jail.

Fruit for thought:
“Barratry is the unlawful splitting of attorney's fees with a non-lawyer. It also can refer to the unlicensed practice of law.”
“Texas law prohibits lawyers or anyone working for them to directly solicit business.”

[BBL2014] Man sent to prison for dispute over a can of beer

Link: http://www.postbulletin.com/newsmanager/templates/localnews_story.asp?z=2&a=444073

Fact: A Rochester man, Boonchom Soom Duangvela aged 29 was accused of robbing and assaulting another man over a can of beer. The accused on September 26 2009, was approached by the police prior to a complaint about two men fighting at an intersection in southeast Rochester. In response, Duangvela put down a can of beer when police spoke to him and walked away, ignored the police’s order to stop, ran but was caught by officers who subdued him with 3 shots of electric shock. Officers found a loaded .22-caliber revolver in his pants pocket.
The victim, a 58 year old man reported that he went to the park with a 12-pack of beer to meet a friend but was approached by the accused.
“He said Duangvela kept asking for beer and cigarettes. He said he started walking home and was followed by Duangvela, who put a gun to his ribs and said he wanted a beer, the complaint said. There was a scuffle, the complaint said, and Duangvela apologized, took a beer and walked away.”

Held: Duangvela pleaded guilty on Feb. 8 to a felony charge of illegally being in possession of a pistol or assault weapon and a misdemeanor charge of fleeing a peace officer. Under that agreement, charges of first-degree aggravated robbery and second-degree assault with a dangerous weapon, both felonies, were dismissed. A gross misdemeanor charge of obstructing the legal process also was dismissed. Judge Jodi Williamson sentenced him Thursday to 60 months prison on the felony, with credit for 174 days served in jail. He also is to pay fines and court fees totaling $135.

[BBL2014] Cop Talk: It's not entrapment if you're speeding of your own free will

Link: http://www.redding.com/news/2010/mar/20/cop-talk-its-not-entrapment-if-youre-speeding-of/

This is a normal excuse occasionally used by speeding road offenders to plead for their own innocence. From the link, written by Monty Hight a retired California Highway Police Officer regarding about this matter. Quoted:

“Q: When a California Highway Patrol officer is sitting on the other side of the freeway in the complete dark with no parking lights or anything indicating his presence and uses his radar gun for speed control and nabs you, is that entrapment? And how can it possibly be legal?”

His reply is as quoted:

“A person is "entrapped" when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.” And

“There was nothing that the CHP officer did that caused you to exceed the posted speed limit. Yes, you probably would have slowed down had you known he was there, but nothing that he did induced or persuaded you to commit a crime (speeding).”

Although this is a reference taken from California, this matter applies to any roads and highways. As such, any drivers or motorcyclists that are found guilty of speeding or breaking the speed limit have only themselves to blame as this incident is done under their conscious.

[BBL2014] Why wasnt he also convicted of third degree manslaughter?

Here's the news which occurred 28th January 2010. A truck driver in New York rammed into a car and caused the death of a 33 year old woman, Julie Stratton. All this happened because he was watching porn movies while driving. I've heard of people texting messages and talking on the phone while driving, but porn movies?? This is a first.

It was also found out that the man had also violated federal trucking rules by sleeping no more than 4 hours of the required 27 hours before the crash happened. The question now is, why was he not charged with third degree manslaughter? A third degree manslaughter dictates that "A person is guilty of manslaughter in the third degree when he causes the death of another person either through criminal negligence or through the commission of an unlawful act not amounting to a felony." Knowing that sleeping 4 hours out of the required 27, any normal person would have known that he or she would be sleep deprived and in the case of long distance driving, it would prove to be a very fatal mistake. Long distance means long hours of driving which requires a LOT of concentration on the driver's behalf. His negligence has caused the death of another person. Should he not have been charged with a third degree manslaughter together with the violation of federal trucking rules?

Link to news: http://www.thestar.com.my/news/story.asp?file=/2010/1/28/nation/20100128094359&sec=nation

Tittle Header

Still getting the hang of using the blog layout. So for the time being, I will be using headers to label my tittle since I have to now separate my normal bloggings (if I had any) and my assignment which requires me to blog about a certain topic.

Current header in use:
[BBL2014] - this is for my assignment use. :P

Disclamer: All posted news article are credited to their respective copyrighted sites with links attached. This is not an attempt to duplicate or recreate materials posted in their respective sites. All related posts will be removed after evaluation is done and marks are given by MAY 16th, 2010.

Finally Back!!

Finally this blog is coming back. Left it blank for so long now but seeing as there is a few usage of having a blog around, it is finally time to have my fingers moving a bit to do some typing. :P