International Law has currently become very relevant in a modern world which is primarily dominated by the process of globalization. There are many issues that countries want to tackle together and as a result there is International Law which is an aspect or an issue which is wide-spreading and goes across all national boundaries and borders. The United Nations Organization even has an International Court of Justice which sits at Hague. The purpose of this court is to solve and arbitrate over issues of international importance or relevance.

There are three defining aspects of International Law and these are public international law, private international law and the law of supranational organisations. Let us look at all these three aspects separately.

First there is Public International Law. This defines the relationships between all the sovereign countries. There are many ways in which public international law is defined and developed and these defining factors include general customs and traditions, the existing treaties and agreements that exist between these countries like the Geneva Conventions and so on. Public International Law can be created through forming world organizations like the United Nations, the international body which came into being after the League of Nations failed to prevent the Second World War. Other organizations also include International Labour Organization, World Trade Organization, International Monetary Fund and so on. There are no international police forces to enforce public international law but there is the International Court of Justice.

The second aspect is the Private International Law. This is also called the conflict of laws. This is about disputes between private parties and how they should be solved as jurisdiction often changes across national boundaries. Many business enterprises shift capital and labour supply across different states and other countries as well. Here the jurisdiction becomes a problem as different states have different laws, as do other countries. Also, there are trading relationships between business enterprises across different countries as well. This is why many such commercial enterprises apply for a commercial arbitration under the New York Convention of 1958.

Lastly there is the supranational legal framework and as of now, history has provided us with only one such framework and that is of the European Union, or rather, the European Union Law. In the day and age of globalization, there is a lot of integration that is happening and many other countries are aiming to follow the example of the European Union and one such example of an upcoming supranational legal framework is the Union of South American nations. Within the structure of the European Union, all the independent or sovereign nations have brought together their authority and legal power through the formation of courts and other political institutions. The function of these institutions is to apply and at times, enforce certain rules and regulations against the other member states which also operate within the European Union. This kind of enforcement is not feasible nor possible through public international law. According to the European Court of Justice, the law of the European Union is a “”a new legal order of international law” which are being applied for the betterment of all the member states.

The two streams which make up the International Humanitarian Law have evolved from many conferences where there were many treaties written with the ultimate aim of being able to regulate war and suchlike violence. The most important of these conferences were the Hague Conventions which were held in 1899 and 1907.  Another important one was the Geneva Conventions which was in 1863. The Law of The Hague is also called the Laws of War and this basically sets down the duties and responsibilities of the belligerent nations when they are conducting any particular operation and also to make sure that they have the least opportunity to do any sort of harm.

The Geneva Conventions were a long drawn process and evolved and developed during the years of 1864 and 1949. These conventions were made to protect the rights and the safety of all civilians and also those who were unable to fight in wars. The Second World War required some revisions and modifications and thus all the four conventions underwent some structural changes and these were based on the Hague Conventions of 1907. Thus the Geneva Conventions were readopted by the international community in the year of 1949.

Here are the Geneva Conventions:

• First Geneva Convention “for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field” (adopted in 1864,revised in 1949)
• Second Geneva Convention “for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea” ( adopted in 1949)
• Third Geneva Convention “relative to the Treatment of Prisoners of War” ( adopted in 1929, latest revision in 1949)
• Fourth Geneva Convention “relative to the Protection of Civilian Persons in Time of War” (adopted in 1949)

There have been a few amendments also to the Geneva Convention.

The first amendment of the Geneva Conventions was about the Protection of Victims of International Armed Conflicts. The second one was about the Protection of Victims of Non-International Armed Conflicts. The third convention related to the Adoption of an Additional Distinctive Emblem.

In the societal sphere there is:

Labour Law – This studies and regulates the relationship between the employees and the employed and ensures that a certain level of equality is maintained when it comes to negotiations and agreements. The labour laws also look at the relationship between the worker, the employer and the union as well and aim to have a harmonious relationship between all of these. These involve the features like collective bargaining, strikes, rights of the workers, job security, health, and safety and also the minimum wage.

Human rights Law – This is another all important sphere of law which guarantees a better standard of human life by guaranteeing some basic human rights to all human beings without discriminating against anything whatsoever. The human rights are inscribed in many international conventions and agreements and these include the Universal Declaration of Human Rights, the European Convention on Human Rights and the U.S. Bill of Rights.

Criminal and civil law - These are the most common legal disciplines since time immemorial and both include the fact that the accused has the right to a fair and just hearing in a court of law.

Evidence Law – Is something which regulates the standards of evidence and what is defined as evidence and can be legally produced in a court of law as a permissible evidence in a particular case.

Immigration Law – Deals with the increasingly problematic and complex issue of immigration and the legally permissible definition of an alien. It also concerns the rights that an individual possesses as a foreigner including their rights to live and work in an alien land and what rights they are entitled to. There is also the question of right to asylum and the controversial refugee problem. Eligibility of a particular person to gain the citizenship of a particular country also falls under the purview of immigration law.

Social Security Law - Deals with and regulates the social insurance matters like the right to have social insurance. It also includes the job seekers allowances as well as the housing benefits.

Family Law – Concerns all the domestic issues in the sphere of family life and this includes marriage and divorce, property and inheritance issues, children’s right to inherit a particular property, the question of alimony and so on.

Thus these are some of the legal disciplines in the social sphere and how law regulates different aspects of society.

The first is Consumer Law which is gaining a lot of relevance in the world which is being dominated by increasing consumerism today. The consumer rights protect the consumers and ensure that no rights are being violated. There are many issues which come under the purview of the consumer law. One of these is the issue of advertisements which are false or mislead the consumer about the product and that too, wrongfully so. Then there are cases of fraudulence. There can be complaints against unlawful business practices as well.

Then there is Corporate Law which is another vital legal branch. This deals with any entity which has been created through the respective laws of incorporation. In a federation like the United States, different states have different laws concerning the corporations and the way they are dealing with their business and whatever rights they might have as a corporation. There is also the Model Business Corporation Act and this is followed by many corporations.

Then comes one of the most relevant (unfortunately so) branches of law and that is Criminal law. A crime is basically an act ( or not) which is against a law which has forbidden it or suchlike. There are different kinds of crimes in the United States and some of these crimes are common law, most of the other crimes are determined and judged by the local, state, and federal governments. This is because all the states have their own take on criminal law and subsequently have their own criminal laws which are different from all of the other states.

Next comes Education Law and again this is pretty self explanatory as well. All the states in the country are required to provide for a school system so that every child in that state might receive an adequate education. Each state has the power to decide and legislate on the schools which are within the purview of the state government. In this way education is regulated.

Elder Law is concerned with Estate planning and administration, tax questions; Medicaid, disability and other long-term care issues; and Guardianship, conservator ship and commitment issues and fiduciary administration.

Very importantly, there is Employment law which is to cover the employee’s rights, benefits and privileges and protect and safeguard the employees within the aspect of a worker and employer relationship. However, issues concerning labour law and collective bargaining. There are many statutes both in state as well as federal laws. There are certain administrative and judicial rules and regulations as well.

Then there is Family Law as well. This branch of law deals with all the issues of the family and problems relating to it. There are many domestic issues here and includes marriage, civil unions, domestic partnerships; marriage issues, spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and ancillary matters like divorce, annulment, property settlements, alimony, and parental responsibility too.

There are certain aspects in a criminal case which has to be considered. One is the fact that the suspected has to be proved of being guilty of committing a particular crime beyond “all reasonable doubt”. Also the person has to have committed an act which is looked upon by society as an “actus reus” which means a guilty act. Also, the intention of the suspect has to be determined and seen as to whether the person had any malicious intent or “guilty mind” as well. The guilty mind is called the “mens rea” in legal terminology.

There is a certain distinction which is drawn between intention in a crime and that of negligence. Negligence is not punishable under law unless there is a certain punishment provided in a particular crime. There are many kinds of crime that one can look at and these include murder, fraud, assault and theft. In certain cases, a crime can be legally justified by citing the case of self defense. There is another way and that is by pleading insanity. Another example is called the defense of necessity. However, these cases are extremely complicated and have to be proven with rock solid evidence in favour of the accused.

In criminal law, any crime is just not the crime against a particular individual but against a whole community in whole. Usually the State starts the prosecution proceedings and especially cases which come under the purview of the common law.  Thus there are various kinds of punishments which are brought against a criminal who has been proven guilty. These punishments can be jailing, fines, state supervision (such as probation), or community service and so on. However, a lot of countries still have capital punishment and so often, criminals are often awarded the death sentences in cases of really heinous crimes committed. Often there are lay juries who help to decide whether the accused is guilty as accused or not.

There are many ways in which criminal law has been influenced and as a result developed and evolved over the years. One of the very important reasons is the effect of the social sciences and this has somehow changed the way in which sentence giving, research for data, law making and rehabilitation is still being conducted in the field of criminal law.

Amateur sports idea comprises the range of activities that can be counted from an individual casual athlete to the high school athletics that are organized by the intercollegiate or for international competitions. Most times these athletic activities are often organized and managed by the groups of individuals that set the rules, regulations and eligibility criteria for the competitions and also the courts were not prepare to interfere in the events of this groups rules and regulations as long as they were logically correct. The (NCAA) National Collegiate Athlete Association was the most important organization among all the organization. The NCAA was the central governing body for all the intercollegiate sports and also having more than 1000 members of the colleges and universities and about 50% of their members were sponsored by the state management.

There is most important area called as professional sports which has a great relationship between the player and the owner of the team, which will be govern or control by some sort of principles. Also today most sport leagues are having the contracts for the standard players which will serves as model service between the players and the owners. For providing the special needs and talents among the individual players this contract can be customized, because of the increase in the salaries in the professional sports most of the players in the professional sports are represented by their agents, hence there is Standard Representation Contract which will governs this relationship for controlling and regulating this agent, many state governing bodies requires this agents to be register with some organizational agencies.

International sport is having such a powerful occurrence in the society that unites communities, media, international exchange and friends from all over the world. At all the levels sport delivers its fever of sports and excitements in the global society. There are many illegal activities that are carried to gain a competitive edge. There are following points that represent the institutions and organizations that are responsible for governing the international sports.

IF – International federation which is the non governmental organization that governs the individual sports worldwide including other sports such IIHF (International Ice Hockey Federation) ISU (International Skating Union) UCI (Union Cyclist International)

FIFA – Federation Internatinal of Football Association is responsible for the governing soccer it setup the rules and regulations for the game and regulate the players and referees.

IOC – International Olympic Committee that owns all the rights of the Olympic symbols, motto, flags and the anthem. It is an international non governmental organization that has the final authorization on the movement of the Olympic events.

Since, sport law is documented as a fast increasing and challenging the area of law that deals with all the issues of career ending, injuries in the games and also complicated conferences that are related to sports.

The wrongful death cause because of the faulty ladder could prove that the manufacture of the ladder was negligence and hence responsible for the victims death, there may be victims wife, children and other members in the family that are dependent on the victim and suffering from emotional, mental, and economical stress because of this event. The victim’s wrongful death can cause his family suffer from financial damages, lost wages as a result of victim’s sudden death. These all above could be the valid reasons for filing the wrongful death lawsuit. In this situation the family members or the recipient in the place of the victim can stand for the right to take any legal action to that harm caused because of the wrongful death or because of the accident by the negligence of the driver.

A death caused to anyone always results a painful environment around the victims family and which will leave its effects for long time. Death caused by individual, group of peoples, or any organization could be filed under the case of wrongful death. Wrongful death can be intentional or unintentional but this can happens in the fraction of second and can cause sadness for a long time because of such unexpected events. However over the year there have been many changes in the laws and many states have passed wrongful death in order to provide compensation for the person family who has suffered from the death of the victim and also to give motivation to family. Today most of the states are supporting the wrongful death claim.

As we know that the laws are changing from countries to countries and state to state so getting an early help from the attorney is always best to know that exact laws in your state. As per the law stated, the family members of the death victim are free to receive the compensation, but sometime there can be situation that generally not everybody in the wrongful death receives the compensation money, only the victim wife and the children are compensated. Also it is important to note that one can file the lawsuit against the wrongful death in the period of three years after the death. So making an immediate contact to the lawyer who is experienced enough to handle your case after causing the wrongful death will help you in the process to claim your rights, and to punish the person.

For claiming compensation for the wrong death there are some points that you should know, generally it consist of four elements such as.

1. Reason of the death caused, whether it is cause in whole or some part by the conduct of defendant.

2. Is the defendant is liable or negligent for causing the victims death.

3. Whether there is spouse, children and other members dependent upon the death victim.

4. Financial damages, lost wages, which are resulting from the victim’s death.

However, claiming the compensation for the wrongful death can never return the loss that have caused to the family member of the victim’s by the negligence of the person that is responsible for the wrongful death. This can only support the loss of financial, medical bills if needed, also the funeral costs, and possibly the mental stress to the family members.

Gambling Law US –

Gambling is the legitimized activity in several states in the United States. A lot state and federal laws consent statutes which govern the gambling activity in the USA. The USA gambling laws are further distributed  into three sections – Charitable Laws, Federal Laws, and State Laws.

Charitable Laws :

Most states in the USA have imposed laws which exempts few activities of gambling from the range of the state and federal gambling laws. These activities comprise but are not restricted to bingo and charitable lotteries. Please note down that the states of Utah and Hawaii are an exemptions here as they don’t have any Charitable Law. Such as, Bingo is deemed completely legal in the state of Alabama. In the same seam, The California state has allowed laws on Charitable Bingo, Charitable raffles, Charitable poker games.

Federal Laws :

The Federal Laws are laws consented by the government of the USA directing the gambling industry. The four core federal gambling laws comprise – Federal Anti-Lottery Laws, that is Unlawful Internet Gambling Enforcement Act of 2006, wire Violation –  that is Internet and Phone, Gambling Ship Act. The Unlawful Internet Gambling Enforcement Act 2006 commonly forbids gambling workers in receiving funds from bettors through the internet. This act has jumped down on tons of websites that indulged in unlawful online gambling.

The Federal Government has consented definite statutes for Internet gambling and online casinos also ensuring the safety of customer rights at all times. Actually, the USA government has forbidden the all activities of cross-border gambling that has faced a lot of criticism  at the World Trade Organisation.

State Laws :

Several states in the USA have made gambling legal. These gambling laws are valid to any sort of gambling that includes but is not restricted to lotteries, casino gambling etc. Such as, the state law of Alabama sets downs the rule that any one who has lost some cash in gambling can claim the money back in six months from the gambling date. This comes under the governance of the Section 8 – 1 – 150 of the statute of the Law of Alabama.

The Internet Gambling activity is in terms of various rules and its legalities as applied by the USA government. This reason has been promoted several casino owners to run the casinos from other countries that ensure that they are not controlled by the tough laws of the USA.

Initially, we can start with USPTO’s definition :

“Common Law rights occurs from real use of a mark. In general, the first is for either using a mark in commerce or file an intent for using application with the Patent and Trademark office is having the ultimate right to use and registration.”

The above definition actually requires a caveat added to it : Really, you may be first in line if you file an intent for Using Trademark application ‘Provided’ that there are not any other parties which can claim previous Trademark or Common Law practice.

As well, Common Law rights are limited to the geographical area in that the mark can be used.

Following example will illustrate this point :

Suppose, in 2003 you have started a web designing company named ‘Creative Culture Design’ and is based in California- the Bay Area. Your clients has been strictly tenants of the  Bay Area. And here your Common Law rights extent to, also in case your web site which advertises your services is watched out all over the world.

Previously, a company named ‘Creative Culture’ launched the company web site that advertising their web designing services. They are  based out of NY- New York and has been in business by that name since 2005. The organization has also filed for an Intent for using Trademark application with the U.S. Patent and Trademark Office.

How does this happen? Now, obviously, every condition changes from the next and I am using instead simple examples to demonstrate a point. So, if this has happened to you, get an opinion.

This being said, here is how it would usually work out -

Still, you will be having your Common Law rights to the California- Bay Area since you have been in business the longest. The New York company will be having Common Law rights to their city since they have been using that longest there. Now, the USPTO will as well probably grant them the Trademark since the USPTO would ecstatically unaware of your usage of the  mark, UNLESS you challenge the claim.

But, even challenging that doesn’t essentially cancel out the Federal Trademark. You can able to confine the New York based company’s Federal Trademark registration from advertising and servicing the California, Bay Area.

Once more, in case you find yourself in this situation, do contact to Trademark experts or a Trademark Lawyer. Every condition is special and the details will require to be hashed out.

The US considers the DUI/DWI sins very  badly. Driving when drunk in states as California are led out by statute and California DUI law can be extremely complicated. The consequences change with different situations and in different states. However, under the DUI Law the basic punishment tends to remain just about same.

In addition to the above discussion, there are other situations which will make punishment more cruel – if you are racing at the time of driving under the influence, if you are having a child in the car, denying to conform with the tests when asked, injury, damage, accident and loss of life. As the alcohol content increases, the penalty under the DUI law becomes more severe. If you are juvenile and have previous convictions for the similar type of sins can as well lead to  massive problems.

If you have did a sin first-time, you can wind up with a possible jail time, fine or community service along including a suspension of your driver’s license under the DUI law. You can be posed to be present, under protest an alcohol education program for avoiding further occurrences of such sins. When it came to it that you have repeated the offense, heavy fines and jail time will be sure. Your involvement in the alcohol abuse program will as well be lengthier and compulsory; also your license would be revoked or suspended and vehicle confiscate.

To conclude that if you are under the alcohol influence, law enforcement detective conduct several field tests, such as the walk and turn, horizontal Gaze, one leg stand tests which are a part of the regimented processes under the DUI law. These tests aid to check the driver’s ability to follow commands also show balance and coordination. Moreover, they conduct a chemical test too or the breath analyzer test that verifies the alcohol level in your blood flow. If reading demonstrates you to be over the needed limit, then you are alleged to be driving under the alcohol influence and will be charged by drunk driving. Then you will have to show in court fro defending the charges.

As soon as charged with the DUI/DWI sins, under the DUI law, there  certainly will follow a lingering procedure of legal involvement. Preliminary Hearing is the first step at the district justice level. It will let the judge to make a decision that whether  there is adequate proofs against you. The second step is your accusation which helps you to know which charges are filed on you and if you know those charges. Also you will be needed here to enter a plea of guilty or innocent. However, offender can get away with a fine, alcohol awareness program or community service.

In case you are considered disqualified for the above programs or deemed that you are innocent, you may request for a trial by a judges. In this case, make sure that you are having a good lawyer, since there is a lot legality to which you can be totally unaware of. At the end of the case, the jury will find you innocent or guilty and should prepare yourself for verdict.

There are number of attorneys and lawyers for defending you. They know each and every aspect of defense for getting an acquittal or at best a reduction in sentence. The lawyer required to be knowledgeable for the different tactics which may be applied for making a good result out of the client’s case. Honest and good conversation is required between the client and the lawyer to ensure a comprehensive information of the events which have occurred. He requires to go over every time that may be used in the defense of their client. If the police stops driver, the driver will feel guilty automatically if he have had just one drink. Every so often they are dealt with wrongly and that’s what a good lawyer can pick up on. The defense which the lawyer will be using relate to matters like –

1. If your constitutional rights has been violated.
2. If the concerned officer followed the right procedure.
3. IF you have read your rights at the time officer was making the DUI/DWI arrest.
4. If the alcohol and blood level tests were accurately conducted.
5. If the apparatus used for monitoring the blood alcohol levels was in good working condition and maintained.

The drunk driving charge is very  grave sin. The consequence will not only affect you for the moment but these charges will remain recorded permanently. Its so important that you hire your lawyer sensibly for fighting your DUI/DWI case because it may affect your whole life and lifestyle forever. A lot of cases of DUI/DWI get dismissed by qualified DWI lawyers on easy technicalities. A qualified legal professional in this field of DUI law will know the exact points to look for, and will be aware of several loopholes which can mean the difference between a dismissal of charges or a successful charge.