National Justice News

Top 5 Legal Databases

vby — Sun, 15 Apr 2012 07:50:16 +0000

The databases for defendants and lawyers are tools we all know why: First we have a huge amount of case law that, through a good search engine, you can select and use in our affairs. We also have access to the doctrine on a particular topic, which is, other manuals, articles, etc. We also have forms, patterns of claims, contracts, etc.., All updated, we are of vital importance in the event that, by our limited experience on certain procedures, we do not have skills on how to develop and structure a demand , complaint, etc..

Under my personal and professional experience, the following are, in my opinion the best databases to work both for its content and its legal status:

1. VLex. The most complete of all, I like its clear and simplified design for the pursuit of legislation and judgments, and demands for its current models for everyday use. It also highlights the amount of both Spanish and foreign law it contains.

2. Westlaw Aranzadi. This database is the most used by the legal profession, especially for search and appointment of jurisprudence, a little understated but perfectly fulfills its function.

3. Act I use it mainly for the numerous legal articles of sufficient quality it has in its database.

4. News Legal His interest lies in its free and easy and direct access from browsers, particularly with regard to legislation. The website is simple to use for attorneys with little knowledge about the Internet.

And finally

5. On Line Tirant has become a classic among the above, although its use is complex and quite dense.

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Rejection of an Appeal on Medical Malpractice

vby — Sun, 15 Apr 2012 07:44:31 +0000

This is a judgment which, of course, supports our discussion on the interpretation of the facts referred to our High Court

First, we must consider that, and the reality is it is very difficult to knock down the well-founded judgments by the Supreme Court for, because we understand that of course in such matters, it is important to frame the practice of proof on a script concrete and logical, since in these instances could not return to play the same test (on appeal could only be made when assessing the evidence be irrational or arbitrary, not simply wrong). Therefore it is of vital importance to focus the facts towards a goal that, by its very nature is likely to undermine and negatively qualify the “lex artis ad hoc” with the doctors involved in the events. So therefore crucial contribution to good medical and expert reports which constitute a support with their own claims for damages (an aside: does not appear in the judgment the amount claimed) in the civil suit (against the insurance company) or respective administrative appeal filed against the defendants in this case: the Murcia Health Service and its insurer, Zurich Insurance PLC, Branch in Spain.

Second, the court analyzes each ground of appeal, almost repeatedly as does the Supreme Court ruling, on the following arguments, Counsel chosen by the undersigned, in the judgment itself to be:

1. It is established that the ultrasound for the second quarter of gestation Silvia was performed at week 24, so that is outside the legal time limit for abortion-before week 22.

2. The protocol used is that published in 1995 admitting the ultrasound entry level or level I, and only in doubtful cases diagnosed or suspected of a possible anomaly, referred to the pregnant woman to hospital for a more specialized ultrasound examination.

3. It is true that the court judgment regarded as established that ultrasound of the second quarter it was late, after the legal deadline for voluntary interruption of pregnancy and therefore out of the possibility that parents could assess before a diagnosis malformation made by the medical team, but then analyzes the probability of detection of malformations in the present case was filed and, considering the time when pregnancy developed -1998 -, the Protocol applies, the SEGO published in 1995, the circumstances of low-risk pregnant women, and no suspicion of any abnormality or malformation, and the results of ultrasound at 24 weeks can not be estimated that delay relevant to the effects of any loss of opportunity self-determination of the mother. As for the basic level of expertise of the sonographer or the judgment dutifully analyzes why the mother was considered the level for your situation, which did not require Level II, since there was no suspicion of abnormality or not it was a high pregnancy risk.

(Says the court that the appellant on the grounds that “could be the pregnancy of Silvia as high risk, but not one based on medical judgment supported by the current Protocol”)

4. Finally, on the other hand, according to the Protocols, it is not established that the appellant was tax at a higher level advanced ultrasound in hospital, and the court judgment appreciates that such defects were not detectable at week 18 -20 of gestation. No loss of opportunity but there was suspected or diagnosed abnormality for the fetus, not because the judgment had come to the conclusion of fact which were not detectable in response to practices that were realized in that moment, the situation of pregnant women and limited purpose of ultrasound. The judgment reflects literally the relevant passages of each of the practiced expert in proceedings that allow you a legal conclusion about the case and about the technical means that would require doctors and pregnant women that make up the “lex artis ad hoc”.

Regarding the reasons given the reader can get an accurate idea of the part of the judgment on appeal, and especially by the fact that the mother did not need at that time, a major test for abnormalities in the fetus, both because the same or pregnancy were at the threshold of risk required by the applicable lex artis and also because these abnormalities were not detectable during those weeks, nay, necessary-not-statement indicates the assistance of a Staff further preparation or the use of more advanced technology because there was no suspicion that indicate the need for such levels of diagnosis.

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The Main Laws to Control the Web Part. II

vby — Sun, 15 Apr 2012 07:25:37 +0000

The main laws that seek to control the Web in the world

Ireland has its own SOUP

In this standard, anyone who believes that his work has been plagiarized, has the right to obtain a court order to close down the pirate site.

Germany: Urhebergesetz

The Germans did not disappoint and body anti-piracy law no half-measures. If you download songs or movies in Germany can go up to two years imprisonment, if the use that you gave there was personnel. If, however, since the use was commercial, the penalty can be up to 5 years. Open WIFI networks are prohibited.

United States: SOUP, OPEN, PIPA

And to come is the front of the battle between Silicon Valley and Hollywood. The country that is signatory to the ACTA, the Anti-Counterfeiting Trade Agreement that seeks to define “protection and support for intellectual property in order to avoid counterfeit goods, generic and online piracy.

About the extent of SOUP, talked in a previous article. As OPEN (Online Digital Protection and Enforcement of Trade) which is supported by the Internet giants’ enables the suspension or closure of a service until a court ruling establishes the existence of the crime.

Spain: Law Sinde

Anyone who thinks that your copyrights have been violated on a Web page, denounce the “pirate” to the Intellectual Property Commission departments, would rely on a judge solely to authorize the transfer of data from the owner of the page.

Recently, the Attorney General’s Office announced the creation of an Office of Crime Computer Room that its tasks will be the prosecution of cyber crimes, including violations of the rules of copyright committed in the digital environment.

ACTA

At the heart of the global strategy for control of web content is the Anti-Counterfeiting Trade Agreement (ACTA)

Among its signatories are:

Canada, United States, North America. In Europe: Denmark, United Kingdom, Ireland, Belgium, Luxembourg, France, Spain, Portugal, Italy, Malta, Sweden, Finland, Latvia, Lithuania, Czech Republic, Austria, Hungary, Romania, Bulgaria, Greece and Slovenia.
In Oceania: New Zealand and Australia. Figure since on Japan in Asia.

Brazil: Truth or mere rumor?

The fifth largest economy in the world would be looking to take a 180 degree turn in its policies of Web content control. InfoBase reported it yesterday, ensuring that the president would be studying Rousseff establish in your country have a similar rule to American SOUP.

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The Main Laws to Control the Web Part. I

vby — Sun, 15 Apr 2012 07:18:32 +0000

The main laws that seek to control the Web in the world

As announced yesterday was adopted in Colombia called “Lleras Law Reloaded”, a legal body which aims to meet conditions set by the United States to sign the Free Trade Agreement between both countries.

Colombian journalists and bloggers have raised harsh criticism of the government agenda to Grading complacent and submissive to their legislators demanding some sovereignty to at least have a debate on an issue, that as time passes and the Web is consolidated, you will gain political relevance.

These reviews, which may make sense from a local perspective, should not lose sight that what happened in Colombia yesterday, is another chapter in a global struggle of the great economic groups to transfigure the distribution (and creation) content the Web from the horizontal to the vertical.

President Obama has the same fire in his own house, and in times of re-elections, will be one of those things that it should be postponed after the Americans go to the polls.

We can do a world tour with Anti-Piracy Laws, noting the ripple effect of the “boom” of laws to control the distribution concentrated Web content of Western democracy. Here’s a summary:

France: Loi Hadopi or Law of Three Notices

It is the Creation and Internet Law, in which the authority has the right to request the IP address of those who download “illegally” files, to send them an email warning first. If in the next 6 months the user has good behavior, the “cause” is filed.

Otherwise if the user gets to have 3 emails, a judge may fine him 3,750 Euros for the web connection and to suspend for a period of 12 months.

Following the adoption of the rule, Reporters without Borders France included in the List of Internet enemy countries, in the “Under Surveillance” Viva la Revolution!

England: Digital Economy Act

This law provides for the disconnection of Internet users who have a habit of download material that is copyrighted. The English did not beat around the bush and the fine can reach 60 thousand Euros, something like $ 80 000.

It also provides for the closure of pages indexed to protected works. Internet providers also have their share, as they are required to have good practices online and if they detect that a user violates the law, you can expect to pay fines for 300,000 Euros.

A design that focuses on mutual monitoring and social persecution.

Sweden: IPRED

Since 2009 Sweden takes the name of the proposed rule standard of the European Union Intellectual Property Rights Enforcement Directive, or IPRED to its domestic law.

It is in this country that “the first major legal battle has taken place against the owners of The Pirate Bay Web page, a page of exchanges that accumulates million hits since its creation, which was fined 30 million SEK and one year in prison, which of course have used.”Aceprensa as reported on his blog.

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Analyze the UN Creating Reports Serious Violations of Human Rights

anto — Mon, 02 Apr 2012 06:07:05 +0000

The agency of the UN (United Nations) made a report that analyzes the grave human rights violations perpetrated by security forces in Kinshasa alone. The paper notes that there are 16 people missing and some 90 others wounded by live ammunition fired by the police and army. All the victims were civilians.

The report published on Wednesday 21 calls for the government to “make a investigaación independent, credible and impartial investigation into all cases of serious human rights violations perpetrated in Kinshasa between 26 November and 25 December 2011″. It also calls for those responsible are brought to justice, whether belonging to the Republican Guard army unit close to President Joseph Kabila, are soldiers of the Armed Forces of DRC (FARDC) or officers of the National Police (PNC), and regardless of rank.

Addie Kitona, mother of three, suffered the violence of the security forces in the district capital of Bandalungwa after the riots provoked by the provisional results of the presidential election. “Police fired tear gas without paying attention to pedestrians, among whom were children. When he escaped, I tripped and fell on my four years and broke his collarbone, “said Kitona. “While I was on the floor, the police who chased youth who had attacked and stamped on me and beat me several times in the back and stomach,” he added.

Botendi Annie, a law student at the University of Kinshasa, recalled seeing three bullet-riddled bodies lying on the road Kimwenza, a suburb of Mont Ngafula commune, where he lives. “In the afternoon we were picked up by Red Cross staff to be buried after being identified by the municipal authorities,” he said.

Efforts by IPS to get statements from the authorities of the capital’s districts of Mont Ngafula Bandalungwa and were sterile.

Leila Zerrugui, Deputy Special Representative of UN Secretary General for DRC and responsible human rights, said the report data should not be considered definitive. “The figures presented in the report can be increased if one considers that many areas were inaccessible because of the fear and paranoia that prevailed during that period, and by the fact that many medical centers were ordered not to disclose information about victims who tried, “he added.

Meanwhile, the DRC government said it does not recognize the validity of the report and pointed out several errors. The document is “partial, incomplete and inconsistent, and did not enter the government’s comments, especially on the legal proceedings that have already opened in response to violations under investigation,” he told IPS Minister of Justice and Human Rights, Emmanuel Luzolo Bambi Lessa. “It takes a joint investigation involved the government, civil society, justice and the UN for the report to be credible,” he added. The global forum “did not,” he said.

But human rights activist Jean Claver Mudumbi not match with that assessment. “The government continues to commit the same mistake of rejecting all reports of human rights violations. That’s because they usually handle the same information as estßn activists in the field who have contact with people, “he said. “There is no interaction between different local authorities, who did not have statistics on what happened in their own jurisdiction or the means to document human rights violations committed there,” he added.

Ensuring Justice for Victims and discredit

Action of the International Tribunal for the Application of Restorative Justice

anto — Mon, 02 Apr 2012 06:02:52 +0000

This is the International Tribunal for the Application of Restorative Justice, of which I’ma member, an initiative of organizations and human rights experts sensitized by the lack of response by the state over the serious violations committed by one of the cruelest wars and inhuman in the history of Latin America. Human Rights Institute of the Central American University Jose Simeon Canas (IDHUCA) – Human Rights Institute of the Central American University Jose Simeon Canas), the Amnesty Commission of Brazil and the Foundation for Justice of Spain, responsible for organizing the Court has held the 4th edition on 20-23 March in Tecoluca, Department of San Vicente, and, again, defined as targets to heal the wounds caused by all sorts of violations of human rights that occurred during the ” years of war “between 1981 and 1992 as well as those committed in the 70′s, a period known as the” years of repression. “

The armed conflict, which according to studies by UNDP, has caused about 12 years of stagnation in terms of development, has never been officially declared, but had as opponents on the one hand, the Armed Forces of El Salvador (FFAA or FAES) and another, the insurgent forces of the Farabundo Marti National Liberation Front (FMLN) which, in turn, focused on different positions in response to social injustice, political and economic era. The human and social consequences are dire, more than 75 people dead, most of massacres committed by government forces against non-combatant civilians, especially women, children and elderly. The numbers of forced disappearances are estimated between 20 and 40 thousand people, according to different measurements and over a million and half people have been forced to emigrate to other countries or have been forced by situations of internal displacement.

The conflict ended with the conclusion of a series of agreements, mediated by the United Nations and signed on January 16, 1992 (Chapultepec Peace Accords). Beyond the “ceasefire”, the yearning for peace has meant a framework of structural reforms in five key areas to spur what has been called “historic turn toward the democratization of the country” demilitarization and subordination of armed forces to civilian control, creation of the National Civil Police and the National Academy of Public Security, changes to the judicial system and the system of protection of human rights, changes in the electoral system with the creation of the Supreme Electoral Tribunal and reintegration of political and civil rights leaders of the FMLN, in addition to some reforms in the economic and social.

All these measures were demanded by society at the time. Now, besides the fatigue of war, a root cause that precipitated these demands was the delegitimization of the armed forces for the murder of six Jesuits in the context of military and guerrilla offensive in November 1989 (known slaughter of the Jesuits, including Father Ignacio Ellacuria). Internationally, the United Nations has influenced the conduct of negotiations, but also the new global and regional geopolitical scenario occurred by the collapse of the communist bloc has influenced to violence, in the late 90′s entered a new offensive phase.

At the same time, it is vital to note that the real causes of conflict have been resolved. Thus, while poverty, inequality and social injustice and the concentration of wealth intensifies, as the central demands calling for genuine agrarian reform, have not even been considered in the agreements and thus El Salvador still has a social and economic plight, incorporated into new forms of violence and authoritarianism, all as cardinal legacy of war.

This year, 2012, will mark and measure the results of the 20 years since the framework of UN-brokered peace, and the impact of the formation of the Truth Commission, established by the peace accords. This Commission, which has received more than 23 000 complaints and has chosen 32 cases considered exemplary by the density of their violence, issued many recommendations, most of them have never been fulfilled, nor the bulk of those on the restoration of memory and truth on the events during the conflict, especially the “right to justice” in its punitive dimension that needs to investigate and punish the perpetrators for crimes against humanity and crimes of enforced disappearance continued. In 1993, the Law of Amnesty, which simply means that the implementation of the unacceptable “self-amnesty laws” or “laws of forgetting” or “stop”, all with the aim of preventing proof of the responsibility for massacres and other grave violations.

In response to widespread inertia state and the repeated refusal by public authorities to fulfill their responsibility for human rights – responsibilities under both the constitution and international standards and commitments – alternatively civil society organizations through human rights, continues to expand public and legal strategies to justice and truth.

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Ensuring Justice for Victims and discredit

anto — Mon, 02 Apr 2012 05:55:23 +0000

National and international organizations who sign this letter, dedicated to defending and promoting human rights, externamos our concern and strong protest over the statements made by you on 24 March this year.

According to the article published in The Journal last March 24, 2012, you publicly dismissed the NGOs attending the international human rights protection. When questioned about his views on the complaints made to international organizations address the systematic practice of femicide in the entity, you said that it is people who “profit from attacking the government of Chihuahua.” Later he said: “It is clear and I said in letters to the Commission on Human Rights: There are organizations that profit from this condition, live it.”

Governor, so our concern as our rejection of their claims, arising under these denote not only a profound ignorance about the evolution of the international human rights, whose instances represent an alternative to justice for victims who face impunity, but also concerned under paid only to discredit the works of the defenders of human rights and create an atmosphere of permissiveness and tolerance of aggression against the defenders of human rights.

Moreover, those who endorse this work and know the path of those who make up the Center for Women’s Human Rights (CEDEHM), the Committee of Solidarity and Defense of Human Rights (COSYDDHAC) and the Centre for Human Rights Paso del Norte (Cdh Paso del Norte), the Joint Group Justice in Juarez and the Network Women’s Bureau. Many of its members also have precautionary measures granted by the Commission on Human Rights Inter-American Commission, following complaints of serious work that made the situation facing the state of Chihuahua, which has endangered his life and threatens the pursuit of justice for victims of companions.

We note that statements such as those listed are contrary to the purpose of Agreement issued by President Calderon that lays the groundwork for the implementation of actions of the protective mechanism of human rights defenders, published in the framework of the visit of the High Commissioner Commissioner for Human Rights. Expressed by you exposed to greater risk and vulnerability to human rights defenders and human rights defenders face an adversarial context, besides being contrary to the spirit of the constitutional reform approved in human rights.

Mr. Governor, if your intention is to transform the history of impunity that tarnishes the image of Chihuahua in Mexico and the world, I respectfully urge you to work to ensure justice for victims and avoid discrediting daily risking their lives who rectified the omissions of a state with serious crimes and violations of human rights has been repeatedly unable to clarify the facts, punish those responsible, to repair the damage, and ensure non-repetition.

No more at present, we are of you but not before his recent statements to reiterate that it become accountable to the national and international public opinion of any impairment to the integrity of the defenders of human rights of Chihuahua.

Analyze the UN Creating Reports Serious Violations of Human Rights

Right to Know the Truth Justice and Getting Compensation

anto — Mon, 02 Apr 2012 05:50:02 +0000

The lawyer and judge Baltasar Garzon argues in this article to maintain research
crimes under Franco, the creation of a Truth Commission to achieve historical reparation of victims and achieving 500,000 signatures for the petition to Congress.

The words are still fresh of the Supreme Court which, in the form of judgment, I was “absolved” after almost two years of suspension from office largely due to unwarranted shutdowns of the process, of an alleged crime of trespass for having tried to investigate, and to do so other judges territorial jurisdiction, crimes of Francoism as crimes against humanity. This research should not be buried as they are more than 100,000 people missing in the Spanish fields, whose remains remember the dignity of those who demand justice against the indignity of those who did and indifference of those who allow justice to take away, assuming the international embarrassment of forgetting and silence.

That judgment, in one of its lines, refers to the legitimate aspirations of the victims to know what happened, how and why, but believes that historical truth is not the world of justice and thus know the human right of themselves to truth, justice and reparation, and turns away from the international community in human rights, states exactly the opposite principle. With this decision, in fact, such rights have been cornered and destroyed, and victims rarely compensated by being allowed some moving testimonies in the trial against me, but even that had to be questioned by a dissent example of what justice can not and should be in a democratic and law.

The order of the same hall last March 29 (dictation, among others, Judge Luciano Varela and President Juan Saavedra, who kept insistently my alleged criminal act for trying to investigate the crimes of the Franco regime and protect the victims) resolves competition in favor of territorial magistrates for opening graves and body recovery, which was perfectly clear and transparent in my resolve to inhibition of December 26, 2008, not even mentioned. Having regard to the wording of that resolution (“… in the presence of traces of articulation of the existence of remains of victims of crimes carrying possible location (sic)-unless the story itself contained in the complaint or dispute arising out of lack of criminal liability currently due (sic) – to urged the competent judge, under Article 14.2 of the Criminal Procedure Act, the practice of measures aimed at dating these criminal actions and, if necessary, to identify the victims “), do not guarantee, not even the minimum repair course by not requiring, as they should, the realization of that universal and indisputable right of the victims, merely quoting international standards.

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Consider When Hiring a Legal Consultant Services

anto — Mon, 02 Apr 2012 05:39:41 +0000

Often when you hire an attorney, thinks he will solve everything. But given the nasty surprise that your process is not progressing and that counsel has not taken action to speed up the process. Begin the frustrations and bitterness begin with the lawyer for a process that takes more than 03 months without any procedural document.

However, this problem is that most lawyers who work alone begin to receive more cases than they can handle, including making false promises. It is therefore better to use professional staff working in a coordinated, orderly and harmonious for the best results for his clients. This is because they are better organized and specialized to handle a high volume of lawsuits.

Therefore, when hiring legal services you should consider loading processes and how much expertise is counted.

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Decision To Divorce In Slow Justice

anto — Mon, 02 Apr 2012 05:36:48 +0000

There are many people who are more than 10 years apart from your spouse and even know nothing about their partners many of these people do not take the decision to divorce by the slowness of the judiciary and the high costs. Currently divorce in Peru is not as difficult as Law No. 29227 also called “quick divorce law” gives to notaries and district mayors and provincial competition in the non-contentious procedure of conventional separation and subsequent divorce.

This is a very agile to get the desired divorce. When there is mutual agreement between partners and living together is at least 2 years. If you have minor children and / or unable older, you must agree to a payment of alimony, visitation and custody (by an act of concliación) or have the final judgment, this procedure allows to achieve the dissolution of civil marriage in less than 3 months and many Peruvians favor them get very complicated and even costs are lower.

In our civil code there are a number of grounds for divorce that are followed by the courts, some of which allow processes to be faster and arrive early to get the desired divorce, in 8 months or so, for example causale of “divorce separation of fact. “

This ground requires you to be separated from your spouse to sue for divorce on this fact, so only must establish the minimum separation of two years, and if you have minor children must demonstrate at least a gap of more than four years.

Furthermore, through the courts if both parties agree to divorce, you may “divorce by mutual agreement.” This process begins with the filing separation and subsequent divorce. Within two months of being notified of the judgment of separation, either spouse can file for divorce, is required to have held within 2 years of marriage and both spouses agree. This ground is the most healthy and peaceful get divorced, you can take the other reasons depending on the complexity of the case.

Therefore, in order to terminate their marital relationship in a peaceful manner is necessary to hire a group of experts to the process is carried swiftly and dedication required for each particular case.

National Justice News

Top 5 Legal Databases

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Rejection of an Appeal on Medical Malpractice

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The Main Laws to Control the Web Part. II

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The Main Laws to Control the Web Part. I

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Analyze the UN Creating Reports Serious Violations of Human Rights

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Action of the International Tribunal for the Application of Restorative Justice

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Ensuring Justice for Victims and discredit

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Right to Know the Truth Justice and Getting Compensation

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Consider When Hiring a Legal Consultant Services

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Decision To Divorce In Slow Justice

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