Temecula Immigration Law – What Are Your Chances of Success

Temecula Immigration Law – What Are Your Chances of Success?

Temecula, CA Immigration Lawyer, John Mansfield, explains:

One of the most common questions that I’m asked is “What Are My Chances of winning my immigration law case?” or, “Will I win My Immigration Case?.” Obviously, the answer to that question depends on several factors.

First, your case must fit within one of the legally recognized categories approved for granting relief. Certainly you will want to go to an immigration attorney who is going to give you an honest evaluation of your immigration case. Be sure that you are honest and forthcoming with your lawyer even at the first consultation, to ensure you get an educated and fully informed legal opinion regarding your chances of success in an immigration case.

A huge factor in the success or failure of an immigration case is selecting the right attorney. You may have a comfortable relationship with your family attorney that perhaps draws up wills and trusts, or maybe someone who handle your divorce or does personal injury, but you’ve got be very careful. You don’t want to use someone who is not familiar with the complex immigration laws. Understand that just because someone may be an attorney, he or she may not necessarily be an expert with immigration law.

Immigration law is unlike any other area except, perhaps, tax law. It’s similar to tax law in that it’s very complex, it’s very technical and it changes almost every day. I would say immigration law changes even faster and more frequently than tax law does. You really want someone who is either a specialist or exclusively practices in the area of immigration and nationality law. It’s that technical, it’s that complex, and if you have been in the system or know someone who has, then you certainly know that to be true.

Whether you are going to win your case or have a good chance of winning, depends greatly on whether you disclose any criminal records, or previous deportations. Perhaps you’ve taken a volunteer departure with the border patrol? Perhaps you have a entered the US illegally? Perhaps you over-stayed your authorized time period? There are a number of things that factor into your chances of a successful immigration case.

Beware of attorney’s that will try to tell you “you have a case” over the phone. They can perhaps give you an idea that you may have a case, but for someone to tell you over the phone or by email that you definitely have a case, and that they can win it for you, should be a red flag to yoube cautious.

The good news is that in most cases my firm has an extremely high success rate. For example, in adjustment of statutes -cases which are generally family based, green card applications, my firm has a 99% success rate. If it’s a court case with deportation, we generally have somewhere between a 75-90 percent success rate. I considered that pretty high and I’m very proud of our record.

I encourage you to get a reasonable and well thought out legal opinion from an immigration attorney BEFORE you commit your time, money and resources and put your life in that persons hand. Please be very careful and deliberate about how you choose your immigration attorney.

Hopefully this is been helpful, and remember: know you rights before you undertake something as important as immigration law.

Amway Legal Battles

Amway has been in business for over 50 years. And just like many other companies that have been around for that long, they have had their fair share of legal issues. Of those legal battles they have had, most of them are about product liability or distributor disputes. However, not one of those legal battles has affected the tremendous growth that has occurred within Amway.

As an example, in 1997, Amway sued a polish film maker for libel. The film, Welcome to Life, purportedly defamed Amway, showing a misleading and libelous version of what muli-level marketing was all about. Amway Poland was able to obtain an injunction, preventing the film’s release, and subsequently Amway won the lawsuit.

Other relatively minor legal battles have involved some Amway distributors using copyrighted music on promotional tapes – these usually do not affect the company as a whole and most have been settled out of court. But another type of legal battle gets at the heart of what MLM is…

**Landmark decisions**

Is MLM, and Amway specifically, a pyramid scheme? In other words, is the business model illegal from the start? This is when the big time legal battles started. Losing a challenge on this subject would mean, not just fines, but a complete shutdown of operations – maybe even jail time.

Well, in 1977, Amway was subjected to just such a challenge. The US Federal Trade Commission (FTC) started investigating Amway for deceptive business practices and the charge was essentially one of operating a pyramid, or Ponzi, scheme.

The crux of the issue was this, was Amway trying to make money just from recruiting distributors or was the main business model to sell products. This is a serious charge in a serious venue – the FTC had the power to completely shut Amway down.

After over two years of investigating, the FTC ruled that the Amway business model was legit. They did criticize some of the business practices, and Amway changed some of its sales materials as a result. But the ruling was clear – there was nothing illegal about MLM and network marketing.

This one single decision by the FTC save the network marketing industry as a whole. With the validation of the FTC, network marketers could finally claim what they had always known – MLM isn’t a scam, or a deceptive business practice. Instead, it is a legitimate way to sell products and grow individual businesses.

Another win

Proctor and Gamble, Amway’s main competitor, brought suit in 1995, claiming that Amway had allowed its telephone messaging service (AmVox) to be knowingly used to harm P&G. The claim was that rumors that P&G was a Satanist organization had been spread over this service and that the company’s reputation had suffered damage because of this.

After almost a decade in the courts, and lawsuits in multiple States, the case was dismissed in 2003. P&G did win money against four individual Amway distributors in Utah in 2005, but the Amway Corporation remained untouched by the slander.

**Foreign legal battles**

While the legitimacy of the MLM model was proven in the US, occasionally, the same issue has been raised in other countries. Because Amway Global is actually global in scope, these are of interest.

2006 – India started action against Amway under their version of Ponzi scheme laws. While the case isn’t entirely settled, Amway still does business in India and has won against some of the injunctions placed upon it. The original case is still pending, but in the past four years, no grounds have been found to move forward.

2007 – British authorities brought an action against Amway for what were called, “objectionable practices.” The Department of Trade and Industry (the UK version of the FTC) has the power to shut down operations and this was a serious matter. In 2008, the investigation was complete and Amway was found to have violated no laws in Britain.

**A settled issue**

With the results in, the question of whether Amway is a pyramid scheme or not is settled. Challenges to the MLM business model have been mounted, not only in the US, but several other countries. In every major legal battle, Amway had won.

Network marketing remains a viable and completely legal way to do business. In the new millennium, with the rise of the Internet, it may in fact be one of the best ways to do business. Amway has proven their model over and over again – both in the courts and on the ground. If you wish to partner with Amway, rest assured there is no pyramid scheme, no Ponzi operation – just an exciting opportunity.

Free Consultations for the Personal Injury Law

Any person who becomes involved in an accident and other similar situations should take the initiative to familiarize him or herself with the personal injury law. Disastrous occurrences have grown to become one of the leading reasons behind accidental injuries and there are instances when these injuries are even deadly. Unlawful acts towards someone can cause the person harm in terms of physical injury and the like and so the article aims to inform people about occurrences like these.

Human rights and the fulfillment of such rights are at the center of the civil law referred to as the personal injury law. When a person acts unlawfully and causes another person serious injuries, the latter can definitely sue the former for compensation settlements for the injuries sustained. People can be charged with liability claims under this ruling when the cause of the pain and suffering is an item or an action which the former is responsible for.

People who are the victims in a case of personal injury law are called by the legal term plaintiff as the complaints are being addressed. When a victim is not present on account of being fatally injured, his or her family then serves as the plaintiffs for the particular case. The people who have acted leading to the events of injuries for the victims are referred to as the defendants in the legal case.

Following the rules under the personal injury law a victim can easily win compensation if he or she has a highly qualified attorney by his or her side. When the lawyers of plaintiffs have strong evidence against the liable party the latter experiences the burden of being proven guilty. Best be sure to get the services of lawyers experienced in personal injury trials to ensure that those responsible will pay the price due their victims.

When it comes to personal injury law, a good case can easily be established in court considering that all primary elements are in their place. Two things need to be settled first and these are in relation to the extent of the liability of the person as well as how much damage was caused by their actions. Basically, the people need to know what caused an accident to happen or what the reason is behind the injuries or damages as well as how responsible is the defendant for what happened.

Many things will need to be considered through the legal process as stated in the personal injury law before the worth of all claims filed in court can be determined. The basis for these values for settlements primarily comes from the extent of damages that resulted from an accident including compensation for pain and suffering. A victim can usually incur expenses inclusive of medical and hospitalization bills, loss of income and employment due to the inability to work, as well as pain and suffering for some.

Pain and suffering can be compensated well if a victim chooses to apply the rulings under the personal injury law. Basic human rights are possessed by people and these should not be violated in any way regardless of power and societal differences. When applied the law can provide people with the knowledge of what needs to be done in order to assure that the human rights of their fellow men are not taken away from these people.

Every person should be mindful that any form of negligence can cause significant problems to people. People should immediately handle all concerns with regards to the personal injury law because they only have a limited time allowed to pursue claims. After this allotted time period, claims would be more difficult to pursue.

The protection of human rights is made possible by the personal injury law wherein wrongful acts against other people are not taken lightly especially when significant harm is caused. To know more about the ruling and the extent of claims that may be filed a person is encouraged to seek out legal counsel. Having adequate experience in such cases are important factors to consider for the lawyers to be hired.

Download The Curious Case Of Benjamin Button Movie – Free And Legal

One of the most anticipated movies of the year, The Curious Case of Benjamin Button, is a romantic drama. This movie is based on a short story written in the 1920s by F. Scott Fitzgerald and is about a person who is born in his eighties and ages backwards.
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The movie shows this persons journey from the end of World War I, into the 21st century and has a lot of touching and emotional moments.

Benjamin (Brad Pitt), starts his life as a unique child with unusual physical characteristics, such as a bald head, cataract, and hard of hearing. He also needs a wheel chair to move around. These physical characteristics of Benjamin force his father to abandon him. He then finds refuge in an old-age home, where Queenie (Taraji P. Henson), an Afro-American attendant raises him.

When twelve years old and looking like a seventy year old man, Benjamin falls for Daisy, a resident’s lovely red-haired granddaughter. However, he leaves home to travel the world on a tugboat steamer when he is seventeen. On returning home after World War II, Benjamin becomes reacquainted with Daisy who is now a rising dance artist. He travels after her from New York to Paris where he keeps facing rejections. The movie revolves about how they meet and start loving each other at the pinnacle of their youth.

A great and meaningful movie to watch, The Curious Case of Benjamin Button is directed by David Fincher and stars Brad Pitt, Cate Blanchett, Taraji P. Henson, Julia Ormond, and Jason Flemyng.

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Enjoy Legal Music Without Limit, Download Royalty Free Music

Movie directors and movie makers would actually call for having a great background music for their film or documentary. As it is, film productions and other commercials would not get the recognition they deserve without getting an appropriate background music. This is because music performs a vital role to acquire a greater audience. Actually, TV shows and films would devote a lot of money in order to get the right music soundtrack. Nevertheless, amateurs cannot afford to obtain these music soundtracks. Nonetheless, royalty free music can offer them with any music they require at a cost that they can pay off./p>

Royalty free music allows buyers to download the sounds or songs they’d need for their projects as often as they love; even so, they must pay a charge for the music permit. Rest assured you only need to pay for the license once. Seemingly, the sound or music you download isn’t free of charge. Well, it simply signifies that the buyers can freely use the track when they require it, instead of paying for it again. This is licensed for public use. As a result, this is actually a good bargain which helps make many people question on precisely how to download royalty free music.

The requirements to download royalty free music relies on the website you choose in the beginning. It is possible to listen to a preview of the song if you have visited a trustworthy website. Plus, they can let you access their music library which you can search to find a number of great quality songs you can download. Additionally, you need to bear in mind that you must check the clarity of the music as well as its quality before downloading it.

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Defining The Parameters Of Limitation Periods In Personal Injury Actions

A limitation period is a stated period of time, the expiry of which extinguishes a party’s legal remedy and forbids the commencement of a legal action. Each province in Canada has general statutes of limitations and many provincial and federal statutes contain limitation periods applicable to a variety of causes of actions. Traditionally, limitation periods have been strictly enforced. More recently, the subject of when time begins to run has received greater attention from our courts.

The discoverability rule has evolved fairly recently in our civil jurisprudence.1 It gives relief in certain factual situations by extending a limitation period. According to the discoverability rule, a limitation period begins to run when the material facts upon which an action is based have been discovered, or ought to have been discovered by the plaintiff through the exercise of due diligence. The effect of the rule is to postpone the running of time until a reasonable person, in the exercise of reasonable diligence, would discover the facts necessary to maintain the action.2 It is a general rule applied to avoid injustice.

It is now over two years since the Supreme Court of Canada upheld the Ontario Court of Appeal’s decision in Peixeiro v. Haberman. Justice Major in Peixeiro adopted Taddle’s J. A.’s statement in Fehr v. Jacob (1993), 14 C.C.L.T. (2d) 200 (Man. C.A.) at 206, which is as follows:

In my opinion, the judge-made discoverability rule is nothing more than a rule of construction. Whenever a statute requires an action to be commenced within a specified time from the happening of a specific event, the statutory language must be construed. When time runs from “the accrual of the cause of action” or from some other event which can be construed as occurring only when the injured party has knowledge of the injury sustained, the judge-made discoverability rule applies. But, when time runs from an event which clearly occurs without regard to the injured party’s knowledge, the judge-made discoverability rule may not extend the period the legislature has prescribed.

In Peixeiro the court concluded that the limitation period under the Ontario Highway Traffic Act did not start to run in a personal injury action arising out of an automobile accident until the plaintiff discovered facts that could sustain a claim that his or her injuries met the threshold under the Insurance Act.

Since Peixeiro, the discoverability rule has enjoyed broad application in Ontario in motor vehicle actions and actions against municipalities and the provincial crown. As such there is now a body of jurisprudence on the scope and application of Peixeiro. The purpose of this paper is to review the way Ontario courts have applied Peixeiro in the context of personal injury litigation so that the parameters of the present authorities in the area of motor vehicle actions and actions against municipalities and the provincial crown can be better understood and defined

Watch Sex Drive Movie Online – Can Do It Legally

After a long wait, finally the movie Sex Drive is out in the theatres. It is comedy film about an 18-year old boy named Ian.
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As the movie proceeds we see the gang going through many comic situations, and it all culminates when finally Ian meet his Ms. Tasty.
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Pending Proposal Could Jail Michigan Parents For Educational Neglect

Under the law, parents are legally bound to their children until they reach 18 years of age. Guardians are required to provide for the mental and physical well-being of their young ones, as well as teach them the difference between right and wrong. Although this seems like a general definition of a good parent, experienced Childrens Protective Services defense lawyers in Michigan warn that a pending proposal in Detroit could place even more responsibilities on guardians, potentially resulting in jail time.

In the past few weeks, Detroit has been a hotbed of juvenile crime and violence. According to Wayne County Prosecutor Kym Worthy, this problem can largely be attributed to parents and their failing to be accountable for the actions of their children.

Currently, the Wayne County Prosecutors Office does penalize parents and guardians if their children miss an excessive amount of school. However, by the time the legal system gets involved, the student has already missed a substantial amount of class putting them even further behind. According to The Associated Press, hundreds of these cases are reviewed each year, but only around 50 result in prosecution. If a parent is convicted of Michigan educational neglect, the misdemeanor would be accompanied with a fine and up to 90 days behind bars.

Worthy cites the recent example of Demarco Harrisa then 12 year-old, arrested by police for murder. Law enforcement officials maintain that when they were looking for the young boy, one of the first places they searched was his parents home. When they knocked on the door at around 2:00 a.m. -when any juvenile should be home and in bed- the parents stated that they did not know where their son was.

Harris conviction of Michigan murder charges in May convinced Worthy that parental involvement in the schooling system was severely lacking, and could be a reason for the ever-present low attendance and graduation rates in Detroit. Should Worthys plan pass, parents in Wayne County would be required to attend at least one parent-teacher conference a year. If the first meeting is missed, a letter will automatically be sent requesting a new conference within 14 days. Should parents also miss the second meeting, they could face three days behind bars.

Although the ordinance has good intentions, it is very unlikely to become law because it could infringe on the parents civil rights. The executive director of Michigans American Civil Liberties Union, Kary Moss, believes such a proposal is inappropriately placed. A criminal justice solution is not the answer to complicated social problems, Moss explained, The last thing many families in dire situations need is more punishment by the criminal justice community. Theres established law already that governs child abuse and neglect, and that sets up the standard for involvement by the government in the familys affairs.

There are other opposing factors to consider when it comes to Worthys ordinance. While legislators in other states have attempted to pass similar proposals, all have failed to make it out of committee. In fact, there is no current legislation in existence that resembles what Worthy would like to see passed. Additionally, many parents are too busy working ensuring that there is food on the table for their family, let alone attend a parent-teacher conference. For many single parents in the city of Detroit, finding a way to attend a meeting with an educator can be a difficult and challenging task.

Even though Worthys proposal will likely fail like the others, it is nonetheless interesting to see how much responsibility is placed in the hands of parents. While it is true that the legal system requires parents to provide for their children, does that necessarily include forcing them to be involved in their education as well? Should hard-working guardians be sent to jail because they have missed a parent-teacher conference? Is this considered neglect?

For answers to these and other complex legal questions, it is important to seek knowledgeable Childrens Protective Services defense attorneys in Michigan for answers. Being suspected of poor parenting is a serious accusation that can have life-changing consequences, including fines, jail time, and even the termination of parental rights. Therefore, it is essential to be pro-active in finding assistance for your case, ensuring that your civil rights and family are well-protected.

Applying for Subclass 121 856 Employer Nomination Scheme Permanent Visas Australia

A good example of this would be an applicant who is not in the 45 -50 year old bracket. It would have to be demonstrated that the position is vital to the running of the business or the employer would have to show that it isn’t possible to find an applicant who is younger than 45 and suitable qualified to handle the job responsibilities. In these circumstances it is probable that the application would be successful.

When an application is made it would be in the applicant’s best interests to meet all the requirements required by the Australian Government of Immigration and Citizenship even though there are some exceptions. An applicant regardless of their situation is strongly advised to find professional assistance from lawyers who specialize in immigration. Most are situated in Australia’s major cities such as Sydney or Melbourne.

All applicants for an Australian Subclass 121/856 ENS visa should at least take an initial consultation with specialist Australian immigration lawyers, to understand the strategies available to them and the strengths and weaknesses of their own specific circumstances. This will ensure that when the application is lodged it is given the strongest possible chances of success.

Becoming A Lawyer As A Career Choice

One of the most high profile professions that can bring you all the way to be Supreme Court Justice or become a high paying associate in a law firm is becoming a lawyer. It is said that lawyers, along with accountants, are among the oldest professions ever since there have been governments and codified laws that appeared in civilizations. They are the most indispensable professionals in nearly every aspect of business and social governance.

Career Specialization in Lawyering

Like other professional careers, Lawyering can bring you to a few specialized career paths of your choice, generally grouped into criminal and civil. And even within each, there are specialties as well, especially in the civil law arena where you can be more involved with corporate lawyering, international diplomatic lawyering, divorce and child custody, labor arbitrage, finance and insurance, medical malpractice, intellectual property as well as real estate and property, to mention some.

Criminal trial lawyers are said to be a special breed often combining stage panache and dramatic flair along with oratorical skill to impress the jury in any trial. They have also specialized in a number of key areas like international and domestic criminal cases, drug enforcement, human trafficking and forensic lawyering, again to mention a few.

In many cases, there are civil lawyers who rarely ever see the walls of a trial court when they choose to go into corporate or business lawyering. They can have more dealings with government regulatory agencies while some have a continuing presence in congressional lobby groups. On the other hand, corporate lawyers in the field of Human Resource often get involved in labor disputes representing the company in any labor-related court litigation. Apart from that, they also represent the company in collective bargaining negotiations.

Lawyer Reputation

Being an Attorney or lawyer is also considered one of the most lucrative professions, often in the business sector such as a private law practice or as an associate in the law firm that has gained some reputation for winning major cases in either criminal or civil cases. According to US statistics, the median annual salary for a lawyer is about $110,000 in 2008.

Trial lawyers have been known to gain either a good or bad reputation with high profile criminal cases nationally televised such as the OJ Simpson case. Wealthy families and celebrities are known to retain private lawyers of known law firms, especially those with businesses. Banks have them and most debt collection agencies are civil law firms that specialize in credit and debt management.

Unfortunately, there are not that many who can qualify to become Attorneys due to stringent licensing exams before you can practice in your state. But apart from the high intellectual qualification for the legal profession, a large measure of strong ethical and moral conviction help to prosper a legal career in the eyes of the public. GP