Tuesday 31 December 2013

Can you be fired for " cultural " differences being an American working for a Brazilian company legally ? Is this discrimination ?

Question

Can you be fired for " cultural " differences being an American working for a Brazilian company legally ? Is this discrimination ?



Answer

Yes it is national origin discrimination. Feel free to contact my office if you want to learn about your options. www.behrenlaw.com or our employee rights blog at www.takethisjobnshoveitblog.com



What are the disadvantages of distributorless ignition system?

What are the disadvantages of distributorless ignition system?
The disadvantages of a distributorless ignition system are asusceptibility to heat damage, a difficulty in diagnosing solidstate electronics, and more reliance on sensors. If one sensorshuts down, the entire system will fail.

In the state of Kentucky is it true that if you are 17 and with in 5 months of turning 18. You can legally move out of your parents home?

Question

In the state of Kentucky is it true that if you are 17 and with in 5 months of turning 18. You can legally move out of your parents home?



Answer

Nope.



Answer

Actually, the fuller answer is that you can do this if your parents agree and you are able to be safe and responsible on your own. Otherwise, the answer is "nope".



Stipulation to Re-Finance to the TrusteeI need a Nevada form for a chapter 13, stipulation to the trustee for approval to refinance my home...

Question

Stipulation to Re-Finance to the Trustee

I need a Nevada form for a chapter 13, stipulation to the trustee for approval to refinance my home and pay off the BK, I have the loan and now I need to know how to write the stipulation in pro-per and or where can I find the forms for this?



Answer

Re: Stipulation to Re-Finance to the Trustee

You can find the form in legal form books at the law library in your area.



Answer

Re: Stipulation to Re-Finance to the Trustee

I disagree with Mr. Smith, you need to ask your lawyer to do it, if you don't have one, then ask the Chapter 13 Trustee to provide you a form. If that doesn't work, you may hire me to do it for you for a reasonable fee.



How long do I have to sue in Miami for Defimation of Character?

Question

How l;ong do I have to sue in Miami for Defimation of Character?



Answer

The statute of limitations on torts is 2 years, I believe.



I've had legal and primary physical custody of my friends daughter for 2 years now. The child has lived with me for 3 years total. The mothe...

Question

I've had legal and primary physical custody of my friends daughter for 2 years now. The child has lived with me for 3 years total. The mother overdosed on heroin and was not cooperating with Cyf and that's why she had to lose custody per Cyf. Cyf said if I didn't file custody they would have to take the child into the states custody. She already lived with me for a year at that point I wasn't about to lose this child. Now the mother wants her daughter back and is threatening me that she has lawyer and she is going to fight me. Her mother has her first kid, I have the second. My friend has 1 and another on the way. She calls her daughter 1-2 times a month, doesn't send Xmas or bday presents. I been taking care of her for 3 years with no help. The child support system said she dont have to pay because she recieves government assistance. The child goes to school, church, and extra curriculum activities. She's happy and she's doing great. I've had her since she was 4, she's about to be 7. Will I lose her if her mom petitions the court ? Her mom only has supervised visits. Like I said she pops up when it's convenient for her, she has went 35 days without calling her daughter just recently. I live in Florida but it's a pa case. Her mom allowed for her to leave the state with me, it's in the court order.



Answer

Get a Florida lawyer. The long term Fla residence can help you. Best interests of the child always governs. You might need a PA atty as well and if you can't afford one, legal aid could help. Call legal services in county where case took place and ask for legal aid. Call Bar Association.

Call me to talk. No charge

215-370-2608.

Www.saulhsegan.com

Saul Segan Esq



Can federal judges award a telephone number as damages in a trademark infringement? If so, on what basis (legal precedent) would he do so?

Question

Can federal judges award a telephone number as damages in a trademark infringement? If so, on what basis (legal precedent) would he do so?



Answer

As a Franchise Attorney I recommend reposting your question with more detail. What is the relationship of the phone number to the infringement? Also, this is a bulletin board for simple legal questions. The attorneys here don't do research for free. For that, consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation



What is the most powerful martial art?

What is the most powerful martial art?
SHORT ANSWER:

The short answer is that no system of Martial Art should be viewed as "better" than any other system, and any such claim would clearly be a matter of individual, personal opinion. No conclusive, undisputed scientific proof verifies or supports such claims.

[Supervisor's note: This kind of topic can be highly contentious among Martial Artists. Before attempting to editing this answer, please read it thoroughly, and consider using the discussion page for personal opinions. Inappropriate claims will be deleted, and moved to the discussion page.]

DETAILED ANSWER:

Answering questions about what is the most powerful, dangerous, deadly, or effective Martial Art will invariably garner nearly as many different opinions as there are systems of Martial Art. Expressing those opinions would be best served on the discussion page related to this question. The only appropriate answer here (or additions to that answer) would be to name a particular system or method of Martial Art training, and state what aspects and attributes about it that indicate it is powerful, dangerous, deadly, and/or effective as a form of self defense - - not making unsubstantiated claims that one is better.

Since virtually all systems of the Martial Art are designed to be effective as a form of self defense, any discussion about which is "more effective" is a matter of opinion. Some students simply find a better fit in one particular system, and it works for them, but that does not make it categorically better than all others. Any deficiency or failure to be successful in real-life self defense is almost exclusively due to sub-standard instruction, inadequate learning, and/or poor performance on the part of the student rather than being the fault of the system itself.

Secondly, nearly all Martial Art systems contain some techniques that can seriously injure, maim, or kill an attacker. Thus, they are all dangerous, and deadly, and once you cross that line, there is no valid comparison as to which is "more" dangerous or deadly. If you kill a person in self defense, they are no more or less dead if it is done with a choke, thrown, punch, kick, or any other technique. Making a fighter more dangerous or deadly is dependent entirely on their own personal skills gained through practice, and experience that might give them an edge when applying whatever tactics and strategy they prefer.

Lastly, the issue of power, is more of a scientific one based on mathematical equations, and the laws of physics. Power is defined by the Encarta Encyclopedia as "the rate of performing work or transferring energy." Work equals the force applied to move an object multiplied by the distance it travels, whereas power measures how quickly the work is done. Thus, technically speaking, power has more to do acceleration, or the rate of speed force is applied. This is an important aspect to improving the destructive capabilities of an individual. However, the more appropriate issue is how much "force" is applied during a particular technique?

Each system of Martial Art deals with force differently. Some will meet force with force by delivering devastating blocks, and counter-strikes. Others will rely more on the opponent's aggressive onslaught to meet with a less forceful, but still highly damaging technique. Many systems will avoid or redirect an attacker's force, and either subtly subdue the attacker, or forcefully throw them to the ground. These systems that appear to be more "gentle" or "harmonious" on the surface, can actually be just as powerful, forceful, dangerous, and even deadly using grappling and throws as those that physically destroy a target with explosive and damaging strikes. Most all systems of the Martial Art contains some elements of each tactic for evasion, blocks or parries, restraints, pressure points, joint locks, throws, and strikes with the hand, elbow, knee, foot, and other body parts.

Here are some examples of "power" in various systems of Martial Art :
(a small sample listed alphabetically)

Aikido: A Japanese art that focuses mostly on internal energy, and harmonizing with the opponent's energy. Attacking forces are generally evaded or parried rather than forcefully blocked. The opponent's force is redirected, and accelerated with assisting forces to propel them either in a straight line, or with circular changes. Attackers are neutralized through very painful torquing, twisting, and extending of various limbs and joints. The more aggressive applications of Aikido finish off an attacker quickly by running them into another attacker or solid object (such as a wall, post, or car), or slamming them forcefully onto the ground. A few strikes are used, but mostly for distraction, but some schools use strikes for severe damage.

Boxing: Many people consider "boxing" to be more of a sport than a Martial Art. It developed in Europe and dates back to ancient Greece (included in the first Olympic Games). There are both old and modern variations that include more of a street fighting version. The sport of Boxing is limited to specific techniques with the fore-fist to limited targets, however self defense can be varied from those restrictions. The key aspect is to deliver initial, speedy and stunning jabs to distract, slightly injure, and weaken the opponent, then finish them with very forceful finishing punches. Some linear punches are used for the finishing strikes, but mostly for the jabs. The more powerful hand strikes rely mostly on a very close range circular strike (horizontally or vertically) to the head, chin, or jaw that can cause a knock-out due to a cerebral hemorrhage as a result of the brain moving slower than the skull. When boxing gloves are used in sports, the surface impact is minimal, and interior effects are diminished considerably. Without the gloves, the same punches can crush or break bones, and cause more potentially deadly internal damage. However, due to the nature of boxing with gloves, many boxers train, and rely on a striking tool of the hand that is effective when wearing a glove, but risks, damage to the bones of the hand when punching bare-fisted. If adjustments are made, the punch becomes more like a traditional Martial Art punch (as in Karate, or Taekwondo). Many successful boxers in recent history have studied various striking systems of the Martial Art, and have incorporated that knowledge into boxing to the point that it is difficult to separate the two in modern training.

Hapkido: This is the Korean version of Aikido, and employs both the harmonious coordination of energy and forces with the more devastating strikes associated with Taekwondo and Karate.
Judo: The "gentle art" devised in Japan by Jigoro Kano relies mostly on avoiding or blocking an opponent's attack, and redirecting it to off-balance the opponent, and ultimately throw them to the ground. Although called "gentle" the impact of the attacker landing on a hard surface can be just as devastating as any striking system. Another equally applied aspect of judo is the grappling that seeks to apply painful joint locks and chokes to cause an attacker to submit voluntarily, or be injured or knocked out due to lack of oxygen or blood flow to the brain.

Jujutsu: This Japanese forerunner to Judo typically focuses on the ability to grapple with an opponent effectively, and dominate in a ground-fighting scenario, but maintaining a highly damaging ability with hand strikes. There are various forms or versions of Jujutsu (sometimes spelled jujitsu, juijitsu, juijutsu, etc.), and each variation strives to excel at a particular strategy of take-downs, throws, or finishing moves via grappling techniques. Again, students of one system or another will likely be biased, and feel that their system is the best, but that is an opinion, and the success of any fighter depends mostly on the skillful application of any of these highly effective methods of unarmed combat.
Karate: This term has been applied to the ancient Chinese hand fighting, the Okinawa te ("hand") which migrated throughout Japan, and a general term which is often used to describe any system of Martial Art combat training. Typically, Karate employs firm stances for delivering forceful hand and elbow strikes, supplemented by knee strikes and kicks. There are throws, sweeps, take-downs, and grappling, but the preference is toward finishing the attacker as quickly as possible with damaging blows to specific vital spot, joints, and bones which are fairly easily broken through application of scientific principles of force.

Kung Fu: The Chinese systems under various names such as gong-fu, or wushu, and being individually identified by "styles" of imitating various survival and fighting skills used by animals in nature. There is a great deal of competitiveness among each system or "style" with claims of one being better than the others - - "My Kung-fu is better than your Kung-fu." Again, these are often biased opinions based on pride and personal experience. There are many, many variations in tactics and techniques employed depending on which animal the "style" is imitating. Some are specifically intending to be more "powerful" or "forceful" (e.g.: tiger, dragon, eagle, etc.), while others are intended to be more subtle, speedy, and evasive (e.g.: crane, snake, monkey, etc). Some, such as "drunken master" rely heavily on deception, and frustrating or angering the opponent into becoming overly aggressive and out of control (much like aikido does). Depending on the specific system of Kung Fu, a heavier emphasis may be placed on striking over grappling, but as a general rule of self defense, Kung Fu / wushu traditionally adheres to the philosophy of valuing all life by applying a force continuum matrix: Avoid rather than check; check rather than hurt; hurt rather than maim; and maim rather than kill.

Taekwondo: This Korean Martial Art is often misrepresented due to misinformation, and poor instruction due to imitators jumping on the band-wagon, or sport oriented schools neglecting authentic combat training. Originally, Taekwondo was designed to combine all of Korea's effective, deadly, and successful methods of their native Martial Art based on their own unique cultural differences. While initially including a balance of striking with throwing and grappling skills, Taekwondo has always placed the strategy of surviving, and prevailing through maintaining the greater distance, while utilizing the strongest muscles, and employing the techniques potentially capable of delivering the most forceful blows.

In Taekwondo, the kicking is placed at the forefront with hand strikes, elbows, and knees playing a valuable, but supportive roll to the kicks. Taekwondo focuses on developing the kicks in order to increase the amount of destructive force that can possibly be delivered by a human body. While many outsiders witness the prevalent display of fancy, and challenging kicks in demonstrations, Taekwondo's self defense tactics are actually more based on simplistic blocks, and flowing combinations of hands and feet equally balanced. The throws, grappling, and ground-fighting are often lost in modern schools, but not missing from the genuine Korean art. However, the tactical approach to how to survive a ground assault differs greatly from most grappling systems, yet either one can be just as effective.

[Please feel free to use the discussion page by clicking on the link below in order to add personal opinions, and preferences for any system of Martial Art listed above, or any other ones not mentioned.]

tenant rightsI am expereincing severe leaks in the ceiling of my apartment due to damage in an apartment on top of me. The landlords seem u...

Question

tenant rights

I am expereincing severe leaks in the ceiling of my apartment due to damage in an apartment on top of me. The landlords seem unwilling to fix my neighbor's apartment becasue they are in court seeking to evict him. They fix my apartmenet when the leaks happen but the problem which is in the apartment upstairs is still not fixed. As such I have not furnished the living room where the leaks happen (I moved in 5 months ago). I am tired and frustrated; what rights do I have? I did not pay last months rent citing nuisance but they sent me a letter saying they will start legal proceedings against me. What can I do?



Answer

Re: tenant rights

The most important action that you can take and should have taken was to send your landlord notification in writing every time there was a leak.

It is apparent that you believe that you are entitled to some sort of abatement for not being able to fully enjoy your apartment. The best way to prove entitlement to an abatement is to prove that the landlord has had sufficient notice of the problem and failed to sufficiently remedy it, if at all.

When/if they take you to court, make sure in your answer you counterclaim for the breach of the warranty of habitability and for an abatement. The best advice would be to retain an attorney



My boyfriend was charged with domestic assault in the state of Texas and was released on bond in the month of August. He just received his n...

Question

My boyfriend was charged with domestic assault in the state of Texas and was released on bond in the month of August. He just received his notice for the Grand Jury hearing his case. It says in the notice that he is allowed to to give a testimony but he needs an attorney to do all the communications for him to get that set up. We are not sure as to if he should request to give a testimony.

I as the victim wasn't mailed a subpoena and in the police record there was no evidence, I didn't give a statement and there was no witnesses.

So what I'm curious is if the Grand Jury would even indict him without any evidence?

Do we need an attorney?

Should he request to give a testimony?



Answer

A grand jury need not hear evidence from anyone. The prosecutor can simply tell them what is in the police report and they can indict.

YES, he needs a lawyer. Whether or not he should testify depends on the advice his lawyer gives to him.



I'm writing a picture book that will include the names and likenesses (illustrations, not photographs) of deceased celebrities and historica...

Question

I'm writing a picture book that will include the names and likenesses (illustrations, not photographs) of deceased celebrities and historical figures. The people will be represented according to their well-known accomplishments or positive attributes. Do I need permission to do this if I intend to publish the book?



Answer

Generally, the answer is no. California Civil Code 3341.1, for instance, protects the rights of deceased personalities, but subdivision (a)(2) of that statute contains exemptions for books, works of political or newsworthy value, single works of art, and other things.

You need to obtain permission of the holder of the copyright of your illustrations, however, if you did not make the illustrations yourself.



What is the name given to the low ground between two hills?

What is the name given to the low ground between two hills?
A gully.

What effect does driving cars have on the environment?

What effect does driving cars have on the environment?
the gas that cars produce from burning diesel and petrol is not good for the environment. it pollutes the air.

How do aerodynamics improve car designs?

How do aerodynamics improve car designs?
It decreases the mpg by lowering the wind resistance pushing against the car.