The Law Of Karma

The topic of this article is the concept of Karma, which is common to most Eastern Philosophies be it Hinduism or Buddhism.

It is said that in the second watch of the night when the Buddha attained enlightenment he gained a different kind of knowledge, which complemented his knowledge of rebirth – The Law of Karma.

Karma is mistaken in the West as a doctrine of Fate or Predestination. It is not so. The word Karma literally means action – and the Law of Karma is the infallible law of cause and effect, which governs the Universe.

The doctrine of Karma has many implications as to how we may lead our lives. In the first place it means that all our actions will lead to its natural consequence. We may not know what the consequence will be and in fact it may be delayed for many lengths of time but the consequence will follow inevitably. In Tibetan Buddhism the inevitable retribution, which however is not obvious, is compared to the shadow of a kite or an eagle as it searches for its prey. When the eagle is high in the sky its shadow is not to be seen. However when the eagle swoops to the ground to catch hold of its prey the menacing shadow appears. Similarly we are not aware of the consequences of our actions for most part but they will appear just as the shadow of the eagle suddenly appears.

The law of Karma is not confined to individuals – there is family karma, national karma, International Karma, the Karma of a city. All these are mixed with the Karma of the Individual, and thus it happens that people lives are influenced by events completely beyond their control. All these Karma's are inter-related and can be understood in its full complexity only by an enlightened being.

The law of Karma gives us guidance as to how we may lead our lives. When misfortune strikes we know that it will not last forever but will pass in time. And we now know through the law of Karma that these are consequences, which have inevitably followed from our past actions. The attitude to have when difficulties befall us is this – That this, which is happening, is the coming to fruition of our past Karma. We do not see the suffering as a punishment- or do we blame ourselves and indulge in self-hatred. Tibetans say that suffering is the broom, which sweeps away our negative karma. We can even be grateful that one karma is coming to an end.

Eastern philosophy is full of stories of how bandits and murderers have overcome their bad karma and gone on to become – monks and even saints. Angulimala is an example. He had killed 999 people in his previous life as a bandit. But he was won over by the Buddha and went on to become a monk and a sage. Similarly in Tibetan Buddhism the story is told of Milarepa. He was a sorcerer who killed many people with his black magic for revenge or profit. Yet through his remorse and hardships and penances that he underwent he went on to become to become enlightened – a figure of inspiration to millions.

These are some brief remarks about Karma.

Court Commentary = Case Law

Do you understand the difference between “case law” and “statutory law”? Have you ever wondered what the term “common law” meant? If you struggle with these legal terms, this article will help.

Judge-made law. Statutes come from the legislative branch of the government, while case law is the product of the judicial branch. Black’s Law Dictionary defines “case law” as “the aggregate of reported cases as forming a body of jurisprudence, where the law of a particular subject . . . is formed by the adjudged cases . . ..” The definition of “common law” in Black’s states, in part: “the body of those principles . . . which derive their authority solely from usages and customs . . . or from judgments and decrees of the courts recognizing, affirming and enforcing such usages and customs . . ..” The labels of common law and case law essentially are interchangeable.

Legal precedent/ stare decisis. These concepts play an important role in the development of case law. Borrowing again from Black’s, legal precedent is a prior decision of a court that furnishes authority for a similar, future case involving a similar question of law. Courts decide cases largely on the basis of principles established in prior cases, which are close in facts or legal principles to the case at hand. A court’s decision on a new matter will create a rule of law for a particular type of case that will be referred to in the future when a similar case is decided. The doctrine of stare decisis, which is defined by Black’s as “to abide by, or adhere to, decided cases,” is a significant principle in the creation of case law. Trial courts and courts of appeals stand by precedent so as not to disturb a settled point. Note Black’s: “when court has laid down a principle of law applicable to a certain state of facts, it will adhere to that principle, and apply it to!

all future cases, where facts are substantially the same; regardless of whether the parties and property are the same.”

From where does a case come? Much of the case law applicable to Indiana foreclosures comes from the Indiana Court of Appeals (http://www.in.gov/judiciary/appeals/) and the Indiana Supreme Court (http://www.in.gov/judiciary/supreme/). This is how case law is born: Lawsuits are filed and litigated in trial courts (circuit and superior courts in each Indiana county). Parties who are the subject of an adverse ruling by a trial court, either in connection with a pre-trial motion or at trial, can appeal the decision to the Indiana Court of Appeals. The Indiana Court of Appeals studies the trial court’s record of proceedings and then decides the appeal. Often the appellate court will issue a written opinion, commonly called a case (hence, “case law”). The opinion typically summarizes the facts, states the issues, outlines the applicable legal rules and provides an analysis applying the rules to the facts. The opinion ends with a conclusion, sometimes called a “holding,” whi!

ch states whether a party won or lost on the question(s) presented. A party can appeal the Indiana Court of Appeals’ decision to the Indiana Supreme Court. The Indiana Supreme Court, if it accepts the appeal, then will issue its own written opinion. These written, appellate opinions are published in hard-bound law books (reporters) and electronically (for instance, through LexisNexis). They also can be accessed through the Court’s websites: (http://www.in/gov/judiciary/opinions/appeals.html/) (http://www.in.gov/judiciary/opinions/archsup.html/).

Cases equal education. The appellate court’s opinions, which collectively constitute case law, deal with a wide range of issues from specific rights and obligations of a party, to the interpretation of a statute and how it applies to a given circumstance. Because the opinions provide the reasoning behind the court’s conclusion, they offer insight into a particular rule of law. That reasoning is valuable to lawyers and parties, who use it as guidance for future conduct and decisions. This is why providing “court commentary” on my blog is so important. Relevant decisions by courts teach banks and commercial lenders, who deal with loans in default and the collection of commercial debts, about their rights and duties. If you need to know whether Indiana law previously has addressed a particular question, lawyers like myself are trained to do the legal research necessary to find the answer, assuming a definitive answer exists. But don’t be surprised if there isn’t a case o!

n point. Frequently, there are gaps in the law that create uncertainty. Lawyers often are called upon by their clients to advise how a specific matter may be determined when there is neither a case nor a statute directly on point.

What Is International Copyright Law?

Many people are surprised to learn there is no international copyright law. Yes, that is right. There is not an international copyright law that will protect your work on the other side of the world. However, it is important to note that most countries do offer some form of protection known as "foreign" works.

International conventions and treaties have done a lot to protect owners of copyrights around the world. With the world seemingly becoming smaller every day, the United States took a look at its stance on the European copyright treaty known as the Berne Convention. Basically, the Berne Convention of 1886 involved European nations coming together to seek a uniform copyright law to keep their copyright owners from having to register for copyrights in individuals European countries. The United States signed on to the Berne Convention introduced made it into a U.S. law known as the Berne Implementation Act of 1988.

If you are seeking to have your work protected in a particular country, you need to find out what kind of protection foreign authors have in that country. Some countries offer little or no protection to foreign authors. The U.S. Copyright Office is not allowed to give authors recommendations or the names of attorneys or agents that could help them understand foreign copyright laws. However, with a little investigation it is not hard to find someone who is an expert on foreign copyright law. These individuals can help you learn more about copyright protection and how your work is deemed in a foreign country.

Someone who works in international copyright law will tell you that it is different than most other sectors of law. It involves knowing the copyright law of two or more countries. Every country has their own way of granting and protecting someone’s copyright. The individual criteria of each country must be taken into consideration when you are dealing with international copyright law. Some countries do not have any intellectual property rights and some countries even grant more copyright protections than the United States. International copyright laws involve understanding international treaties and conventions, like the Berne Treaty and WIPO Copyright Treaty. If you are interested in pursuing a degree in law, you may want to explore the international copyright law sector. With the world becoming one big neighborhood, you will probably not lack work.

People with copyrighted works need to be aware that there are differences in the copyright laws in some nations. While it is true the United States has signed treaties with some nations, your work will not be protected in every country of the world. As stated, the United States is a member of the Berne Treaty. In addition, the United States is a member of the WIPO Copyright Treaty. This treaty works in conjunction with the Berne Treaty, yet it also covers and gives protection to databases and computer programs. If you would like more information on international copyright law, you should check with an attorney who specializes in international copyright law.

Lemon Automobiles And Automobile Lemon Law

What is A Lemon Automobile?

Lemon is a citrus fruit with a distinctive sour taste. In slang usage, ‘Lemon’ stands for a worthless or inferior quality product or thing, which the manufacturer/seller passes off as a quality product or item (of course, the buyer is in the dark). The purchase deal, therefore, leads to an unpleasant experience. Adjudged from this angle, a defective automobile, which has some severe concealed manufacturing defects or requires repeated repairs, rendering it unfit for use, is termed a LEMON Automobile.

Automobile Lemon Law

Once used merely as an expression, ‘Lemon Automobile’ is now used in legal contexts and that due to the enactment of the Automobile Lemon Laws. Automobile Lemon Laws were formulated to protect the interests of the buyers should they bump into fraudulent automobile purchase deals where the vehicle fails to meet quality and performance standards due to some concealed defect.

Automobile Lemon Laws exist in every state in the United States and the rules vary from state to state. Thus, Lemon Laws in some states do not cover used or leased vehicles and are applicable for new purchases only.

Generally, consumers are permitted to demand full refund for defective vehicles from manufacturers and the law makes it binding that the company either fixes the problem or takes back the automobile making a full refund. Some state-rules, however, allow the manufacturer to tender replacements for the Lemon Automobile. The replacement, of course, has to be in the form of a brand new, fully functional car. In any case, the protection rights that the buyers are entitled to go beyond warranty periods.

What Flaws Are Deemed Manufacturing Defects By The Automobile Lemon Law?

The list of defects is extensive; however, brake problems, electrical problems, engine problems, steering defects and transmission problems are considered as serious defects.

Under What Circumstances Are You Protected By The Automobile Lemon Law?

You will be protected by the Automobile Lemon Law only if your vehicle shows defects that correspond with those stipulated under the Automobile Lemon Law, like

- The vehicle has a manufacturing defect that affects its performance, value or safety.

- A constituent part or mechanism of the vehicle has been repaired more than thrice.

- The vehicle meets the maximum mileage law (actually, in some states a vehicle can not exceed a minimum number of miles in usage) and

- Enough opportunity has been given to the manufacturer to fix or propose a solution for the problem.

In case your ‘new bought’ vehicle is showing each and every sign of the above specified problems, contact your state’s Attorney General’s Office and find out details on the Automobile Lemon Laws before filing a complaint with a Court of Law. If your vehicle does not show all the defects, you may still file a breach of guarantee case if not a full-fledged Lemon Lawsuit. The law of the land will see to it that you are amply compensated for the problems caused by the Lemon Automobile!

Remember, your Lemon Lawsuit will not be considered a valid case if you knowingly purchase a vehicle in ‘as is’ condition.

Positions in a Law Firm

If you run into a legal dispute, and everyone does, you may need to hire a law firm to represent you. If so, it helps to know who is who in regard to positions in the law firm.

Positions in a Law Firm

It may come as a surprise to learn that law firms tend to be very rigid in their structure. From the very beginning, the law firm has maintained a layered structure that just seemed to work. As the years have passed, there has been little or no change to this structure. If you retain a law firm to represent you in any legal matter, it helps to understand the positions and who you will be speaking with.

At the top of the organization chart is the lead attorney on your case. This is where the buck stops when it comes to strategy, final decisions and problems. The lead attorney is often a partner in the firm, but not always. He or she is the attorney you will probably meet with when you first come into the firm. The attorney is responsible for practically everything on your case, but has a team that does much of the leg work on day to day matters.

Below the lead attorney, one tends to find an associate lawyer. The associate is typically a less experienced attorney who is earning his or her stripes and trying to work their way up to a partner position. When it comes to communicating with the firm on your case, you will inevitably talk with the associate on numerous occasions. He or she will often call with questions related to factual issues and will address many of your questions as they arise.

Next comes the valuable paralegal. The paralegal is not a licensed attorney, but is often very knowledgeable on legal issues and strategies. The paralegal role in a firm is to do most of the detail work. This can include hunting down witnesses, setting depositions, compiling filings and so on. He or she will often share work with the associate attorney.

Finally, the law clerk is a person in the firm that will probably work on your case a lot without you even knowing it. A law clerk is almost always a law school student. To pick up practical experience, the law clerk takes a part time position with the firm. The job duties vary from firm to firm, but often are focused on doing legal research on various legal issues. Much of the legal regulation of a situation is determined by case law opinions issues by appellate or supreme courts of the states and federal jurisdictions. A law clerk spends a lot of time in a library reading these as they relate to your matter and reporting the results back to the associate and lead attorney.

One of the keys to understanding how to deal with a law firm is to know who is who. Now you do.

Law And Order SVU (Season 1) DVD Review

Nominated for 7 Emmys in its first five seasons, Law & Order SVU (Special Victims Unit) continues the success of NBC's blockbuster Law & Order franchise. The brainchild of Law & Order creator Dick Wolf (former writer for hit TV shows such as Hill Street Blues and Miami Vice), Law & Order SVU is filmed on location in New York City. It follows the traditional half-police drama/half-courtroom drama format that made its forerunner a smashing success, yet SVU focuses exclusively on sexually based offenses…

Law & Order SVU tells the story of a group of dedicated detectives who work for the elite group known as the Special Victims Unit. Capt. Donald Cragen (Dann Florek) heads up the unit which includes four regular detectives - Elliot Stabler (Christopher Meloni), Olivia Benson (Mariska Hargitay), John Munch (Richard Belzer), and Odafin Tutuola (Ice-T). While investigating rapes, murders, and other vicious crimes, the detectives often consult with police psychologist Dr. George Huang (B.D. Wong) who provides special insight into the minds of suspected predators. Once the detectives gather the necessary evidence, they turn their case over to Assistant District Attorney Casey Novak (Diane Neal) who brokers deals and prosecutes the cases that put these nefarious criminals behind bars…

The Law & Order SVU DVD features a number of dramatic episodes including the series premiere "Payback" in which a cab driver is discovered stabbed to death with his genitals cut off. When detectives Stabler and Benson investigate, they find out that the man is a former soldier from the Serbo-Croatian conflict and that he was a rapist. Benson, a child of rape, is sympathetic to the actions of rape victims, and Stabler must keep her from crossing the line to protect the probable suspects… Other notable episodes from Season 1 include "Sophomore Jinx" in which a female college student's murder investigation is obstructed by the college when the SVU suspects a member(s) of the school basketball team, and "The Third Guy" in which an elderly woman is tied up and raped in her apartment, but the investigation takes a unique twist when the initial suspects are cleared and a new perpetrator enters the picture…

Landlord's Corner - Ohio Law and Self Help Evictions

There comes a time when an Ohio landlord may wish to regain possession of a residential apartment he has rented to a tenant. The only proper way to do this if the tenant refuses to leave is to file a statutory eviction action pursuant to Ohio Revised Code Section 1923.04. But some landlords take grave risks by trying to force the tenant out without the required legal process.

A "self help" eviction occurs when a landlord takes back possession of the rented premises without the permission of the tenant, and without resorting to the required legal processes. Where residential rental housing is concerned, self help evictions are illegal, pursuant to Ohio Revised Code Section 5321.15. Thus you cannot simply change the locks while the tenant is gone and throw all of his stuff into the dumpster behind the building. If a tenant can prove that you violated Ohio Revised Code Section 5321.15, you can be subject to a lawsuit for the tenant's actual damages and attorneys fees.

The statute also prohibits a landlord from shutting off utilities in an effort to make the tenant leave, even if you don't lock the tenant out. Some landlords make the mistake of turning off the water at the main or shutting off the power and assuming that since they have not actually excluded the tenant from the premises by locking him out, they are in the clear. But the statute specifically prohibits shutting off utilities in order to force a tenant out.

Further, a landlord cannot even threaten to lock the tenant out or shut off utilities. The statute clearly states that threats of a self help eviction are a violation of Ohio Revised Code Section 5321.15.

Further, the statute prohibiting self help evictions applies to tenants who have the right to occupy the premises and to tenants who no longer have the right to possession. So it is no defense to go to court on a 5321.15 lawsuit and tell the judge that the tenants were behind on the rent. If the tenant is in possession of the premises, you want him out, and he won't leave, you have to go through the statutory eviction process.

What is a tenant likely to recover if you violate this section of the law? The Court may award the value of the tenant's belongings (this could be tens of thousands of dollars if the Judge believes the tenant on what was removed). Judges will often not require a great deal of proof of the value of the lost items from the tenant because things like receipts and other proof would have been thrown out in the lock out.

You should also keep in mind that a claim for relief for violation of Ohio Revised Code Section 5321.15 may not be the only claim for relief in the lawsuit against you. You can also be sued for the common law intentional torts of conversion (the exercise of control over an item in a manner inconsistent with the rights of its owner which permanently deprives the owner of its value); trespass to chattels (the exercise of control over an item in a manner inconsistent with the rights of its owner which temporarily deprives the owner of its value); and trespass (the unlawful entry upon the property of another enjoying right to possession). Since these claims for relief are intentional torts, if the court finds liability and awards any actual (or even nominal) damages, the court may award punitive damages to the tenant as well as attorneys fees.

If you are the owner of property managed by another, you should also keep in mind that you can be held responsible for what your employees do if they are acting within the scope of your business. Thus if your rental manager robs a bank, you will not be responsible for that, but if your employee locks out a tenant and throws her stuff in the dumpster, you, as the owner of the property and the boss of the rental manager, will be a co-defendant in any litigation that the tenant brings.

To give you an idea of the damages which can ensue from violations of this sort, we need look no further than the case of Gordon v. Morris, 2001 Ohio App. LEXIS 338 (February 2, 2001) Greene Co. App. 2000-CA-69, unreported, a landlord changed the locks just before the end of the month upon learning that the tenants had shut off the utilities and removed most of their belongings. The trial court awarded the tenants only $ 96.77 in actual damages (they had paid rent through the end of the month but were deprived of the use of the apartment, and this was the prorated amount). But the trial court further awarded $1,000.00 in punitive damages and $1,462.00 in attorneys fees.

Ohio's Second District Court of Appeals upheld the trial court's findings. So the landlord in this case got taken for a $2,559.27 ride through the legal system, and this does not count the costs of the landlord's attorney. The next time you are thinking of trying to save a little money and time by not going through the statutory eviction process, think of Mr. Morris and the money he spent to lose his case.

In the case of Hall v. Lacheta, 1992 Ohio App. LEXIS 5945 (November 18, 1992) Tuscarawas App. No. 92AP020013, the landlord first threatened to lock out the tenant, and then, after receiveing a letter from a lawyer telling him that this was and would be a violation of Ohio Revised Code Section 5321.15, he actually did lock out the tenant without an eviction. When the police forced the landlord to leave, he returned shortly thereafter and placed a large sign in the yard informing the public that the tenant was on welfare and was not paying rent.

The trial court awarded the tenant $3,000.00 in actual damages and another $3632.00 in attorneys fees. But Ohio's Fifth District Court of Appeals decided that this was not enough where attorneys fees were concerned, and that the testimony at trial justified a higher award to be based upon $75.00 per hour, rather than $40.00 per hour. Further, the Court allowed the tenant to recover for time spent at the hearing to determine the proper amount of attorneys fees and upon attorneys fees expended in collection activities. These amounts do not take into account the money spent by the landlord on his attorney. So it was an expensive afternoon's work locking out that particular tenant.

You should note that Ohio Revised Code Section 5321.15 applies only to residential rental property, and not to property rented to a commercial tenant. Landlord's renting out commercial property may make use of self help evictions to get back possession of their property if they can do so without a disturbance of the peace. But you still take chances here because a tenant may sue you for the common law torts I mentioned above, and if a court later determines that the tenant should not have been locked out, you will have trouble.

The wise landlord will always opt for a statutory eviction process when trying to get rid of a tenant who will not leave. It may take a little longer, and it may cost a bit in filing fees, but it brings certainty and insulates the landlord from the above claims. The same is true of tenants who have left you with an apartment in a condition such that you are not sure if they are going to return. If you have any doubts, just do the statutory eviction and sleep better at night.