Monthly Archives: April 2016

Strange Legal System

download (14)Laws are peculiar in their own ways and for the reasons best known to the judicial system of India. The experiences faced with the real life are presented here to understand the gravity of the problems faced by the people.

In a cheque bounce case, the court postponed the hearing on several occasions for one or other reason. Each time, the banker promptly attended the case as a witness to the duel.

When a bank filed a suit for recovery of the delinquent loan, the defaulter was not summoned first, but the plaintiff was asked to give a declaration. Moreover, this hearing also took place after adjourning earlier for the reason the judge went on leave. In another incident, the hearing was deferred to another date when the witness did not turn up.

It is regrettable that the witnesses are examined as if they are involved in the offense, frauds or embezzlement. They are made to stand for hours together. Moreover, the hearings are adjourned without any valid reasons thus forcing them to attend the court on different dates, sometimes even spread over several years. Why not the court completes this in one sitting and make a video recording for future reference and deciding the case?

A premier investigation agency asked the witness (an ex-Bank manager) to come to identifying the accused whom the former, after a long wait of 8 years, apprehended and kept him under custody. When the witness recorded his statement, no coffee or tea was offered to him even for courtesy sake.

The cumbersome process of prosecuting and booking a culprit under the law is understandable by anybody. However, the examination and cross-examination of a witness can be simplified to one-sitting exercise instead of conducting for years together.

The valuable time of the witness is lost while the dispensation of vital justice gets delayed. Moreover, the expenses incurred by the witnesses to attend the court are not paid by the latter as no procedure seems to be in place. These witnesses reach the courts from far-away places by keeping aside their official and personal duties. Not only that, the cost of delayed judgment would be very high if the time value of money is considered. It’s high time, the experts and authorities concerned take appropriate measures to set right the anomalies in the system.

A good civilized society must have a reliable and vibrant legal system to ensure protection of rights, and redressal of any disputes among the citizens.

 

Juvenile Court – Who Does It Affect

download (12)This is a court that handles all the cases that involve an individual who is under the legal age of adulthood, which in most cases is under the age of eighteen. The judge handles delinquency cases and child protection matters, which are referred to as dependency cases. The delinquency cases that are handled in juvenile court could involve a wide array of law violations. Those can even include cases that are not considered criminal acts if done by adults. One example is a minor could end up in juvenile court after being picked up police for assault and battery or shoplifting. The minor may also be referred to juvenile court if he runs away from home or if he is truant. Minors can even face court proceedings after disobeying their parents repeatedly violating curfew. This particular court is also a likely destination for a minor who is considered to be out of control and continuously defiant.

In most places, if the person is at least an adult, cannot be referred by one of their family members to court but if they are a minor they could end up in court after being referred by their parents. Some minors can even be referred to juvenile court by some school officials. A minor, same as an adult, could end up in court after they have been accused or caught in the act of committing a crime.

When a minor goes to court their case is often handled differently than an adult’s case. An example is that typically adults are arrested for their crime but a minor may simply be taken into custody to be questioned. If the minor does have to appear in juvenile court the case is normally heard by a judge. For most crimes the minor is not given a jury trial in most places. The juvenile court can consider many factors to decide the course of justice. They may consider the circumstances that surround the act and whether or not the minor has a previous history of being delinquent. The judge may consider their school records and even their medical history when deciding how to handle a particular case. He may also look at the minor’s home life.

There are some cases in which the minor could end up in adult court instead of juvenile court. If the minor is accused of committing murder, there are some jurisdictions that allow the minor to be tried in adult court. This being tried in adult court is usually reserved for minors who are at least in their teen years and have also committed willfully serious acts.

 

6 Must Have Traits of A Good Lawyer

download (11)Lawyers undoubtedly are one of the most prestigious professions these days and the demand for these professionals are exponentially increasing with each passing day. But it doesn’t necessarily mean that anyone can aspire to make a name for themselves in this profession.

If you are looking to hire one of these professions, there are certain qualities which you should look forward to. These qualities are:-

    • Good communication skills: Needless to say, professionals in the legal field should be both articulate orally as well as have proper written communication skills. In order to place their argument with judges and juries, having necessary public speaking skills are imperative. In addition to this, they also should have good writing skills because they will need to prepare several legal documents from time to time. But that’s not all, in order to properly analyse and solve their client’s problems; they should also be a good listener.

 

    • Proper judgement: Every professional in this field should be able to draw conclusions on the basis of the information they have. From properly spotting loopholes in the opposition’s argument to considering judgements based on your points so that it is fortified on the court of law; they should be able to do everything.

 

    • Analytical: Practicing law isn’t easy at all because they have to absorb large quantities of information and convert it into something that’s manageable. Not all cases will be a cakewalk and there will be cases where there will be more than one definitive conclusion. These professionals should have the necessary analytical skills to decide which conclusion suits the case the best.

 

    • Research: Every professional in the legal profession should also be good researchers. From collecting detailed information about the clients to preparing legal strategies to comprehending huge data; these professionals should be equipped to deal with these things conveniently.

 

    • People skills: Law is not at all about getting great grades because, at the end of the day, it’s about how they interact with the people. They can be academically excellent but if they are not socially awkward, they won’t be able to achieve anything. The person whom you are hiring should be persuasive, personable and have the ability to gauge other’s reactions. If the matter is not concluded within the court of law, they should have the necessary skills for an outside settlement between you and the opposition.

 

  • Driven: These professionals should be driven in their pursuit of achieving their goals and solve your case no matter what. They should be 100% committed to the cause and do everything within the legal boundaries to assist you in your case.

US and UK Regulations for UAVs

download (10)We are in the age of constant discovery of new technology and the world seems not to be ready to relax yet. Humans all over the globe are constantly and passionately engaging in one discovery or the other. The whole essence of this research is aimed at ensuring a life of comfort and convenience. It is this quest for convenience that led them to the invention of drones.

Drones with their advantages also have many drawbacks. They can be used to spy on an innocent. It can lead to invasion of privacy. Since drones are too easy to buy now, it becomes a serious concern. Almost anyone can go into an electronics store and buy a drone off the shelf for only $ 100. And if it lands in the wrong hands, several problems can arise. To mitigate this, several countries are coming up with their own laws so as to better protect their citizens. Some time ago, an 11 year old girl was hit with the debris of a crashing drone. Moreover, pilots have reported almost two dozen near misses with drones. Keeping these things in mind, it is highly necessary that laws on drones be made and even more necessary that the common man know about these laws.

We would, for the time-being, be discussing about the laws in the United States of America and the United Kingdom.

UNITED STATES OF AMERICA

In the United States of America, there are laws that are governing the use or deployment of your drone. Let us have a look at some of the laws.

1. REGISTRATION OF DRONES WITH THE FEDERAL AVIATION AUTHORITY (FAA):

It is the policy of this statutory body, whose duties are to regulate activities in the USA airspace, that any drone that weighs more than 55lbs or less than that must be registered with the FAA. Not only this, registration is limited to American citizens and legal permanent residents. The logic of this registration is to prevent violation of other people’s privacy.

2. COMMERCIAL USE OF DRONES:

The laws governing the usage of drones in the USA do not allow you to fly your drones without obtaining a special clearance that will make you fly it for commercial purposes of making profit. If the drone is not to be used for commercial purposes, a clearance is not necessary which is explained below.

3. PERSONAL USE:

There is no law on personal use of drones other than the law that is presently governing the use of model aircraft. However, while using the drone for personal use, there are some limitations that it cannot be flown in areas called “NO FLY ZONES”. These include the White House, the national parks and any other important installation of the country.

4. GUIDELINES FOR FLYING:

You are to maintain the flight of your drone within the altitude limit of 400 feet. You are to keep your personal drones within eyesight and possibly with the employment of an expert if there is need for that. You are also not expected to intentionally fly over unprotected persons, vulnerable properties and moving vehicles. Above all you are to keep a distance of 25 feet from vulnerable persons.

5. SURVEILLANCE:

You are not to conduct surveillance activities with your drone in an area wherever privacy is required without express permission.

6. IMPLICATION OF NOT REGISTERING:

The law makes it mandatory that you are to register your drone. Failure to do so will be tantamount to criminal acts and the penalty is a fine of $250,000 or 3 years imprisonment.

UNITED KINGDOM

It will interest readers to know that a 42 year old man was convicted in the United Kingdom on September 16, 2015 for flying a drone without obtaining permission. His drone was flown over a stadium. According to the Metropolitan Police, this was the first conviction in respect of illegal drone flying. This is to tell us about the severity of not obtaining permission before flying drones. It also tells us that the drones are no longer in use by the military only. They are deployed for various reasons such as search and rescue operations, distribution of hospital equipment to remote and inaccessible areas. Farmers also are engaged in the usage of this wonderful invention of technology for aerial surveillance of their farm produce. What a great invention indeed.

Talking of laws relating to drones in the United Kingdom, the agency that is responsible with the control of the airspace is the Civil Aviation Authority (CAA). There are rules and regulations which must be strictly observed by which you can deploy your drones in the United Kingdom.

1. COMPULSORY REGISTRATION:

The House of Lords (EU Committee) has called for the compulsory registration of both private and commercial usage of drones in the UK. This call came as a result of fear that many people do not have sufficient knowledge of aviation rules.

2. RESTRICTED FLYING ZONES:

At present in the UK, there are no particular rules or regulations that prohibit the purchase of drones, but there are restrictions on the weight and flying zones.Your drones must weigh less than 20 KGs and must not be used for commercial reasons. Also flying is restricted to 150 meters within a congested area.

3. FLIGHT WITHIN SIGHT:

Drones flight must be within sight. This means that you cannot go beyond the regulated limit of 400 feet in altitude while in flight. Maximally, CAA allows you to fly 500 feet horizontally. Should there be need for your drone to go beyond these regulated limits, you are to file an application to the agency seeking its approval first.

4. COMMERCIAL USAGE:

The Civil Aviation Authority (CAA) also makes it mandatory that commercial usage of drones needs to be registered with the agency. In issuing a license, the applicant must show a sufficient evidence of competence and experience in the use of drones.

There is no doubt about the fact that drone technology has indeed made life easier than ever before in many aspects. However, with enjoyment come responsibilities. No one has the authority to infringe upon the rights of others under the pretext of enjoyment and comfort. Keeping this in mind, the aviation authorities have come up with the above mentioned laws. No matter how harsh they seem, they are for the good of the people. We hope that the users would strictly follow the laws and regulations laid down by their respective countries to avoid any harmful incident.

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