The Laws and the Lawyers

November 28, 2009 by admin  
Filed under Law

lawyersIn a society of people, whether in modern cities and areas or in a small tribe of people, different kinds of laws are being formulated by the law makers or the legislators or by any authorized person in any system of government. It doesn’t matter what form government one country has, the only thing common in all kinds of the system of government is that laws are being established. Even tribes and groups of people living in forests and are a quite distant from modern civilization have their own laws being established. Even if one can turn back the time and visit the ancient civilization and compare it from the present day system, one can say that the purpose of these laws is just the same.

These laws are enforced to any person under the jurisdiction of the government. These laws served as the basis for any person, whether a law enforcer or just an ordinary citizen, to determine whether or not any violation or disturbance has been made by anybody. There are laws, which are only directed to a specified group of people in the society while there are some, which exempt one from another law or set of laws. The laws being established are not always considered perfect that is, why whenever there are some issues, which have to be resolved concerning the current laws, the legislators made some consultations and made some thorough reviews on the specifications of that particular law. Unfortunately, in spite of these established laws, sometimes these are not enough for police the people’s misbehavior or mistakes.

Most people who pursue in studying law often go through a lot of efforts in studying due to its scope. It is not easy for one to be able to be familiarized with all the existing laws that even professionals like judges and attorneys even needs a lot of time to study and review the cases they are handling. There are some laws, which are being revised from time to time, while there are some, which are no longer considered as a law. It is because of these modifications that a person with a career in law is still continuously studying.

People who choose to pursue in studying law usually choose to become a lawyer. Lawyers are paid not only with their presence in court trials but one of the responsibilities of a lawyer is being an adviser. Lawyers advise their clients in the actions they need to do and most of the times, the first thing a lawyer does is to try and settle their clients’ legal conflicts by settling it without having a court trial. They may be called as mediators. Mediators convene with the parties involved and will listen to the problem at hand, discuss possible options in order for the people involved to help them come up with an agreement. Once it cannot be settled outside the court, then a court trial may commence and the lawyers are the ones who will stand in court to represent their client and defend them by all possible means to win the legal battle. Lawyers who already had a lot of experiences in both handling and winning of legal cases may be appointed or designated to serve as judges. They preside in courtrooms during trials. In places where a jury system is being adapted, the judges preside over on points of law and inform the members of the jury about certain laws that direct the case. If there are no members of the jury in a trial, the judge will decide the facts, administrates proposals, resolves any argument during the court trial and issues the judgment.

A lot of people may think that lawyers are needed only during court trials but most judges encourage the lawyers to settle their clients’ problem without having a court trial. Court trials only occur once the conflict will not be settled outside the court. A lot of people may not always understand the explanations behind these laws, but just like any other transaction, laws also undergo certain processes. People may sometimes get impatient with the processes in any court trial but one should understand that like just like anybody who is about to take an examination, through study and reviews are needed in order to come up with a justifiable judgment.

Life After Law School

November 11, 2009 by admin  
Filed under Law Education

lawschoolEveryone has certain aspirations on the type of profession he wants to choose. Career opportunities are being introduced on the early stages of globalization. While some others still adhere to the basic and established means of earning a living, others were up to the challenge of taking law school and practice a legal profession.

Law has remained to be a prestigious subject in universities, not to mention the much sought-after discipline in a university. Degree holders in law consider this as a good currency in many business sectors, including accountancy, management, tax-consultancy, the media, and banking and finance, among others.

Getting into the law industry is not as easy as it may sound – a lot of hard work in learning and specializing is required. Once one may decide to get into the profession, he must have to work hard to become a person who is licensed for practicing law, such as an attorney, solicitor, or counsel.

Studying law can lead to a myriad of opportunities in the legal profession. A career as a paralegal can be attained by a certificate program while a degree allows one to pursue a career as an attorney or a law professor. Further, the study of law can prepare someone for a judicial clerkship, which is often a stepping stone to a career as a judge. Studying law is an impressive accomplishment that can gain one the respect and credibility among his friends and colleagues.

In order for someone to become a good lawyer, he needs to have a thorough knowledge of the judiciary system. He must not only be qualified in law, but must also possess certain ability  to do well in his profession.

Barrister

This is the person who represents cases in the court room. He is responsible for liaising with the judge and interviewing people on the stand. Bachelor of Laws graduates must complete the Bar Practice Course (BPC) and complete the pupilage period to two barristers. This is the career path to take if one aspires of becoming a judge.

Solicitors

These are people who give legal advice and prepare legal documents. There are many kinds of specialization in the field of law, including corporate, medico-legal, environment, litigation, public, energy, native title, biotechnology, estates, Internet law, intellectual property, and many others. Some solicitors chose to become specialists in major-sized firms while some chose to practice in a cross-section of areas in middle- and small-sized firms; though there are some who set up their own firms.

Two ways to be an admitted solicitor: 1) Completing a practical legal training course (Legal Practice Course) – graduates are trained in all the practical skills required to work as a solicitor and a period of time working in a firm by the end of the course; 2) Undertaking an Articles of Clerkship (AC) with a law firm – graduates are employed and trained by the firm for a period of time and if the training is successful, they will be admitted into the law society of his jurisdiction.

Community Legal Services

These are solicitors who may choose to work for legal aid or in associations which provide legal advice in areas like copyright, human rights, rental, animal rights, or the Arts.

In-house Council

These are legal experts in larger companies, some sectors of the government, or some other community organizations. This is the concept of some companies that are setting up their own legal departments in-house.

Government Policy Officer

These professionals do researches, write, and assist in directing the implementation of important activities which government departments carry out, including family policies, health, drugs, domestic violence, environment, economic development, crime, sport, the arts, police and justice, and many others.

The law profession is the most secure career choice to make as lawyers have always been sought after. People will hire the services of a lawyer at least once in their life. Imagine how big the population is – no wonder there are still those who are up to the challenge of taking up law school. Law is one of the professions that one can be sure of the success and the growth when put to good practice. One has just to work hard towards attaining his goal and to ensure the delivery of justice on time.

Ignorance of the Law Excuses No One

November 11, 2009 by admin  
Filed under Law

law_court_roomThe law is a systematic set of binding rules that puts order into the world. It affects every aspect of the society such as the economy, politics, education, and many more. It serves as a guide on how to live in a manner that conforms to social norms and values. It actually varies from other country, that is, some countries have certain laws that are not present in other countries or otherwise not applicable to other countries although we have also certain laws that are considered universal or common to every country. The law is there to provide organized answers and solutions to society’s problems immaterial of its degree of complexity, that is, whether there are simple or complex in nature. It establishes what actions are to be considered lawful or permitted by the law and what actions are unlawful or not permitted by the law. In addition, the law provides measures when certain life events stimulate a drastic change in the lives of the people affected by the change.

The law provides constraints, provides the citizens their rights and privileges, and establishes their obligations as citizens of a certain country. The government is the one who enforces the law and keeps the society in a state of order. The responsibility of the government as law enforcer is very big in the sense that it provides order not only within a single state but for the whole country. It is responsible for the general safety of the entire citizens living in the country as well as the protection of their lives and their properties.

The law also provides the regulation of the different professions from a simple preschool teacher to a corporate lawyer. It regulates the different licensure examinations of the different professions in society. Not only that, the law is also the one that regulates the proper distribution of goods and services to the public. It is responsible for the even allocation of the countries goods from the poorest sectors of the society up to the elite and well-off persons of the country. Furthermore, the law also regulates and provides protection to the economy of a country. It is responsible for maintaining economic stability and fairness among all establishments whether public or private.

With regards to the environment, the law stipulates many bills that would protect the welfare of Mother Nature and this includes the law that governs the cleanliness of the air that we breathe, the clearness of the water that we drink, and the abundance of the trees in the forests. The law makes it sure that the environment is very well protected and proper waste disposal is implemented so as to prevent the deleterious effects that toxic waste can bring to the world we live in. With regards to health, the law stipulates numerous bills so as to protect the health of the general public. For instance, some countries provide free immunizations to children as part of the government’s health program to help improve the state of health of the public. Another example is the special privilege that the elderly or what we consider senior citizens have with regards to health-related benefits. The emphasis on the elderly only goes to show that the law gives a lot of importance to health not only for the young and the active, but also for the old and the aged.

When talking about penalties or punishments with regards to violating the law, any form of violation to the law has a corresponding weighted punishment and this applies to all citizens of the entire world irregardless of race, gender, age, and political status in the society. No one escapes the claws of the law and if one does commit a violation, he or she must suffer the consequences of the actions committed. Since the law exercises equality among all sectors and different walks of life in the society, there is a due process of the law, that is, anyone who has been suspected to violate the law is not considered guilty until proven. The suspect is to undergo a series of trials or hearing. If proven guilty, appropriate punishment is then given to the violator. Therefore, the law does not only give provisions to the citizens of the society in terms of economy, health, and environment, it also exercises the right of equality.

Laws that are Commonly Applied to Nurses in Different Clinical Setting

November 11, 2009 by admin  
Filed under Law Education

lawjusticeHumans are never created to be perfect. Even if we tried our best to be a perfect person but still we commit mistakes. We always aim for perfection that’s why we want to study the things around us. Like how things work and the effect after a cause. There are different professional courses rose from different schools offering engineering, accountancy, education to health care related courses. A profession that focuses on human health is very important. These courses really need much time, effort, focus and commitment. These professions include nursing, medicine, medical technologist, radiologist and many more. These fields are very vital since they are dealing with human lives. In this topic we will be talking about the legal issues, laws and ethics in a hospital setting. Expect that most of the things we are to talk are about the laws, legal system and issues with regards to nurses in a hospital.

Nursing profession is not an easy work. Nurses must really try to be perfect at all times even if it is said that humans are imperfect individuals. They must be a hundred percent sure of what they are doing since they are taking care of lives. One wrong move can spell death. To prevent or to limit mistakes in a hospital setting we are guided by rules which nurses should follow. To start with, let us first know the sources of law that affects the practice of nursing. Actually there are four law sources and these are the constitutional law, legislative law, administrative law, and the common law. The constitutional law composes a group of rules and principles that is in favor for both the government and the people’s right. In nursing field, patient’s right is important. it would cover autonomy, confidentiality, respect for person, and veracity. The right that a patient has may also be applicable to nurses.

Next is the legislative law. This is composed of a law made by the state or a legislator. This legislator will formulate a law in a period of time. They kept on making a law because it is believed that each day there are different kinds of problems that will occur and a law is the only perfect solution to those problems.  This is very helpful to medical fields since there are a lot of hospital changes each year. In each change there is always a high risk of errors.

Next is the administrative law. this type of law is made by a certain agency. Just like for example the local education agency, professional agency, and health agency. In order for these agencies to carry out their purpose they will propose a certain law. This is very important in nursing since health and the professional agencies can formulate a law that would regulate some aspects of the nursing practice. Next is the common law. This is a law that enables decision basing on another law related to it. In other words it has a precedent.

After knowing the different sources of law we are now to identify the different types of law. Nurses must know the different kinds of law since some of them are the one regulating the nursing practice.. First is the public law. This is a law which a person’s right is related to the government law. One important type of this is the criminal law which obviously deals with crime. The next type is the private law. This is a law in which a person’s rights are based on numerous activities that involves other individual. Private law has different branches. These are the contract law, tort law, property law, and family law. The branch of private law that is related to nursing practice is the tort law. A tort is an action done by someone which results to an injury of another person. Nurses are at high risk in getting in to court trials because of its clinical activities. A tip for those nurses out there is to keep on generating rationales for each action. Most importantly is to always focus on your work. As you enter the hospital leave your worries behind…

A Guide for Studying Law

November 7, 2009 by admin  
Filed under Law Education

law_studyLaw study has an apparent appeal to anyone mulling over a career in the Law profession. A Bachelor degree in Law provides a strong foundation for anyone aspiring to train as barristers or solicitors. Aside from these, a whole array of legal careers and specializations are available to choose from.

A degree in the study of law is considered as one of the most respected qualifications in a wealth of other professions outside the legal practice. These wide career options are underscored by the fact that almost half of the law graduates in many countries are practicing professions apart from the law. These areas include among the rest: commerce and industry, politics, government offices, social services, and the media.

Required Core Skills and Values

Studying law is hard work and a challenging endeavor but a very rewarding one. One must at least possess needed skills to cope with it tedious study and values to survive a very challenging struggle.

  • Analytic and Critical Thinking – the study of law will expose you to important issues, complex theories, legal mazes, and complex meshes of problems that will challenge your mental prowess and beliefs. A well developed problem solving skill is fundamental to law study.
  • Oral and Written Skills – the study and practice of law require a highly polished oral and written communication skill. This skill includes a highly developed and articulates writing and speaking, with critical emphasis to contents and legal meaning.
  • Listening and Reading Skills – law study and practice require a keen ear and eye for details. With a legal profession mostly engage in oral arguments and reading voluminous piles of documents, it is critical not to miss any relevant details and minute hidden facts that may be crucial to solving the problem or winning a case.
  • Research Skills – legal study and practice do not rely mainly on the facts at hand. Law study and practice require a constant need for research, either for evidence or new legal breakthroughs and landmark court decisions.
  • Enthusiasm in Promoting Service and Justice – these are the core values that are needed and required for both law study and practice. An underscoring proof of its important is that is a requirement in many legal jobs. An experience in activities of these sorts and purpose is particularly helpful in legal career.

Fields of Law

A very important choice to make in studying law is the field of specialization in the Legal arena. A specialization is important in shaping and maneuvering your law studies – choosing subjects, activities to participate, and organizations to be involved with. Multiple specializations are possible depending on how much you can handle and perform averagely well. Here are some of these fields.

  • Civil Rights – this field is relatively a famous aspiration among many law students. This deals with individual liberties and power balance in government. This field may not be financially rewarding and with low job opportunities. Practice in this field is generally handled pro-bono.
  • Criminal Law – perhaps the most visible to all legal fields and deals with crimes and basic rights. This field is relatively rewarding in terms of money. Lawyers in this field may be practicing solo or members of law firms.
  • Securities and Corporate Law – is a complex field and requires a high level of specialization. This deals with corporate affairs including creation, organization, incorporation, creation of by laws, acquisitions, mergers, take-over, shares of stocks and related corporate battles. Jobs on this field are highly paid.
  • Labor Law – this field deals with employment matters, mostly employer-employee conflict. This conflict may involve unlawful work practices and wage disputes, child labor, safety and health issues in the workplace, union, and anything about labor laws.
  • International Law – is a growing field in the legal arena. It deals with patrimony, refugee, tourism, immigration, overseas work, and conflicts between nations like territorial boundaries. Job opportunities in this field are particularly limited.

A career in the law profession is personally satisfying, intellectually demanding, and financially rewarding. With a promise of diverse career options, profitability, prestige, growth, and prosperity; studying law is among the most preferred professions in the job market of today and of the immediate future.

Becoming a Lawyer

November 6, 2009 by admin  
Filed under lawyer

lawyerWhat comes to mind when see the abbreviation “Atty.” preceding the name of a person? Do we see them as somebody who is always in the courtroom defending the criminals or somebody who is tough enough to shout in the court, “Objection your honor!”? Although once in a while this scenario might be true, it’s certainly not the case all the time. Probably, this is just how we got to know the profession. As a matter of fact, plenty of lawyers out there have never even stepped a foot inside the courtroom because, in reality, these are not just the things a lawyer can be. Aside from being a public defender and a prosecutor in criminal trials, a lawyer can help merchants sue customers for unsettled dues, assist clients in generating wills, advise clients in a divorce, research tax law and international trade, prepare loan documents for banks and many others.

What is it about being a lawyer that many choose to pursue this degree? There are a multitude of reasons and one is having numerous career options to choose from given the fact that the legal profession is expanding at a rapid pace. One can be a barrister, a divorce lawyer, a city counsel, an injury lawyer or a city attorney. For those aspiring for a career in litigation, there are diverse specialization areas like family law, corporate law, criminal law, civil law, labor law and contract law to name a few. It is right to say that for as long as the society exists, there will always be crimes and criminals. Therefore, lawyers will never be out of work because their law degree will be their key to find work.

Career consultants disclose that the legal profession is tremendously profitable in today’s employment market hence; another most obvious reason for practicing your law degree is the ample financial rewards. For instance, barristers joining a law firm can earn huge amounts of money. In addition, there are a few law firms who appoint top graduates from law schools and offer them attractive compensation packages as well as added bonuses.

Furthermore, by means of studying law, it cannot be denied that communication skills are exceedingly improved as most of their professional life is going to be devoted communicating with clients. Actually, those individuals who finished a degree in legal studies and opt to seek other professions, will have better chances than other candidates in terms of good communication skills. Not only will it help them with their career but also their personal lives wherein good communication plays an important role for better and effective interaction with family and friends.

Other significant benefits of having a law degree is the ability to see the world in a different way. It is all about regularly meeting fresh challenges and finding solutions for them. The capacity to identify what is right from wrong will enable you to make better decisions and choices. Subsequently, the acquired skill will help you deal effectively with varying issues and situations even though at times lawyer tens to make the right things appear wrong and vice versa. Furthermore, these occurrences will enrich your profession and personal experiences.

Your contribution to society as a lawyer, in carrying out noble social services by helping the innocent people find justice as well as bringing offenders to justice lies within your hands. In this way, you are able to gain a certain degree of awe and respect from the people.

Being designated as an attorney doesn’t only mean winning a case or just helping others resolve their legal problems. However, it is allowing oneself to experience the gift of helping people in ways that most individuals are not capable of doing despite the fact that is intellectually fulfilling. Pursuing a career as an attorney is a dignified goal to embark on and reality is, the road towards this great and rewarding career choice, seems to be a daunting one. Contrary to what most people’s impression that going to a law school is just about passing the LSAT exam and obtaining a high score, becoming a lawyer is never an easy task as many of those law students who aspire to become respected lawyers someday, go through a myriad of hard hurdles. Their journey involves investment of time, effort, energy and above all, money. However, despite all the hardships in preparing to become a lawyer, the fruits of their labor will surely pay in the end.

To some, a lawyer is somebody who is intelligent and exceptionally good with arguments and although this is a great quality to possess, dedication and perseverance are perhaps the greatest.