Posts Tagged ‘research’

Litigation Dictionary

litigation dictionary

Legal Publications

legal publications

The heartless ‘money lenders’
From Charles F Moreira, via e-mail I commend FreeMalaysiaToday for highlighting and supporting the plight of these poor, aged people from being evicted from church land with legal action taken by this Roman Catholic Bishop of Penang. This is a far cry from other online publications, alternative or otherwise which focus on politics, freedom, human rights, transparency and other such highbrow …

Litigation Information

litigation information

In the State of Texas, do I have a legal right to a copy of my payment history?

Im in litigation with a company in which I bought my home from, and upon request of a written statement of my payment history, including all taxes, mortgage payments, and lot fees, I was told that they would not furnish me that information. Is that legal, and what course of action would I need to take to get it.
We have not kept records of the payments, and all payments have been made VIA money order. To be honest, I think we are right up there with alot of Americans who assumed it would never come to this. If anything, I have learned a valuable lesson about keeping reciepts.
Also, this is not through a lender, this is an owner-finance agreement.

If you are in litigation with the people in which you bought your home you can have the court force them to give you any records they have.

Your attorney should be able to get these documents for you. I hope you have an attorney if you are in court.

If you do not have an attorney you then can tell the court you wish to have them present the records. You are entitled to have any records they have.

Most American’s keep up with mortgage payments and the taxes they pay so they can deduct the interest payment each year.

Then paying your monthly mortgage by money order is not the best decision you have made. You should make this monthly mortgage payment by personal checking account or card where you have third party proof.

You might be in for a long court case.

I hope this has been of some use to you, good luck.

“FIGHT ON”

Litigation Cases

litigation cases

Settlement offered in California rail crash
Commuter rail system Metrolink and its former train operating contractor Connex Railroad are offering to pay a $200 million settlement to victims and families of a deadly 2008 crash, according to a Wednesday filing in the U.S. District Court.

Litigation Work

litigation work

Work As A Paralegal For Good Pay

You can earn good money as a paralegal. It is a challenging environment but you will make a good income once you become certified to work as a paralegal and get some good experience. You have to attend college and get at the minimum a two year associates degree.

You will be taking primarily legal based classes. You will have to learn basic legal research and how to brief a law case. The course will also have classes in basic law office management. You will have to have basic computer skills like you would need in an office job. But you will also have to know how to do legal research with the computer.

Years ago legal research was done at the library. Today it is mostly done online. But you need to do that research quickly and efficiently. This is a good career but you will not make a lot of money right away. You need to work your way up the pay scale.

Get to work in any law office you can when you are taking classes. Even if you merely answer the phone you still need to be in the law office environment to start getting experience. Even when you do work as a paralegal you will only make a little more than minimum wage. But you will move up quickly with more experience.

The idea is to make yourself indispensable to the lawyer you are working for. This will lead to your value. This will lead to you charging more for your services. Attorneys rely on their paralegals to do all the work they do not have the time to do.

You can earn more money if you specialize in areas of law. This is what lawyers do. So they need specialist to help them run their office. There is more money in litigation work for the paralegal but there is also more expectations and more pressure. This is for you if you can handle the stress.

You will be in charge for most of the trial preparation. You will be blamed if something goes wrong but you will be praised if it all goes right. The government might also be a place to find work. But the larger the city the more competition there is for these jobs. But if you have the right experience and the right contacts you might be able to land one of these government positions.

You have to know going in that lawyers are not easy to work for. Some have big egos and look down on people who work for them. But you might work for one that respects you a great deal for the work you do. The better you do your job the more likely you will command respect. You might be blamed even if you did everything right. This is just part of the job. But if you can learn to deal with this type of work environment then this might be the job for you. Contact your local education center for more information.

How do I market our environmental consulting firm, especially with respect to our litigation support?

Our litigation support is well established and our expert witness is a big name in the industry. However, our litigation services travel by word of mouth. We need to actively market these services to find work to fill in the gaps between large cases and expatriate word of mouth. We also offer other services that we need to push. How do we get the word out and bring in steady business?

I don’t know your company, but if you want something cheap and use the Internet, then visit networking sites (linkedin, and many many more)

But in general terms, try to get closer to the people you want to reach (study them to get to know them better). If you have a decent budget you need less creativity, otherwise you need lots of research and work. It can be fun!

Antares announces the opening of the 2010 work on the Rio Grande Cu-Au-Ag Project, Argentina Waterdown, ONTARIO – (Marketwire – August 17, 2010) – Antares Minerals Inc. ("Antares") (TSX VENTURE: ANM), together with its joint venture partner, Pacha Mama Resources ("Pacha Mama", PMA.TSX-V) is pleased to announce the inauguration of the 2010 work program, known on the Rio Grande Project, a large Cu-Au-Ag porphyry system with affinities in Salta Province, northwest Argentina. The 2010 …

Litigation Review

litigation review
Is there any benefit to a MHA or MPH combined with a JD?

I’m considering doing a dual program to get a Master’s of Health Administration or a Master’s in Public Health along with a JD.

Doubt you make much more with both. Just be an added expense of tuition.

Avery Collaboration Not Litigation Ale Batch #3(Season 4 Episode 18)

Litigation Battles Within A Franchise Business

Litigation Battles Within a Franchise Business

In America, litigation has become very prevalent and you have to be prepared for the possibility of facing a lawsuit or even just the threat of lawsuit. This is especially true for those who dare to become key stakeholders in businesses and franchises. Aside from that, you may find yourself in an unfortunate circumstance where it becomes necessary to raise your own legal complaint against another who violates terms of certain business agreements.

On a positive note, as the concept of franchising has evolved and each new case has been presented in the nation’s courtrooms, it has resulted in franchise lawyers being better prepared to create effective, bullet-proof documentation and contract agreements that anticipate and circumvent similar future litigation. After all, as cases related to franchise business are brought to the court’s attention, it serves to fine-tune the future judicial precedents that were previously considered “gray areas”. Any decent franchise attorney will review these cases as they happen and make the needed adjustments within the creation of future franchise documents.

Despite these advances, there really is no guarantee against litigation. In addition, when you enter into a franchise agreement, you no longer just face threat from competitors, suppliers and customers. Now you can add a litigation threat from various key players within the franchise organization.

Much of this threat can be minimized by simply seeking out the qualified legal counsel during the transaction stage. You also want to make sure you have a thorough understanding of all agreements and contracts that you signed by the time that stage comes to a close.

A litigation battle should be the last resort when trying to resolve a franchise-based dispute. Precedent may be ruled in one parties favor pronouncing them the winner, but in the end, the battle will never really be won.

There are typically two common reasons litigation occurs in the franchising world:

1. One party feels as though the terms of the franchise agreement have not been met.

Most franchisee action lawsuits begin with the franchisee alleging that they were promised something in the early stages of the relationship based on a verbal agreement that was decided upon by both parties. Because the verbal agreement often was never indicated in the legal documentation, the franchisee generally doesn’t have a leg to stand on. It’s important to know that promises should never be made, especially if they aren’t intended to transpire into something more.

2. When one party believes the integrity of the business has been jeopardized, or there is activity that is damaging and/or harmful to the business reputation, image, location, etc.

Franchisors may begin a battle of litigation to stop unanticipated action of their franchisees that could deem harmful to the company’s reputation. This could become a long drawn out process, as any case take to court can be, so be sure you’re prepared to back up your claims with substantiated evidence.

Because a litigation battle is a long, bumpy road that most people don’t intend to travel, here are a few ways you can avoid a drawn out battle with your business partners:

1. Do your homework. Make sure the franchise opportunity has been fully investigated before spending time and resources into the venture. Carefully view all disclosure documents, franchise agreements, and past litigation history. Speak with current franchisees of the organization in question to make sure the business is being run without conflict. Also, don’t be afraid to ask what the business relationship is like, because ultimately, this could be you someday.

2. Ask questions. If there are any underlying questions in your mind, be sure to ask. These could end up becoming potential road blocks in the future, so make sure to speak your mind and have all of the information you need to make an educated and honest decision.

3. Without a doubt, get everything in writing. You want to make sure all disclosure documents, and franchise agreements have been written in agreement with all promises and decisions that have been made by the franchisor and franchisee. This is extremely critical because this will ensure that you don’t end up with legalities on your hands later down the road.

4. Accept responsibility. The truth about franchising is that there is no sure-fire success. If ultimately, the decision to buy into a franchise doesn’t work out – take responsibility. Don’t try and pin the failure on someone else because in the long run that’s not going to do you any good. Get humble, ask for help and seek the advice from professionals in the business.

No good franchisor wants to be involved with a failure in the business world, or deal with a long, drawn out litigation battle. The easiest way to avoid both scenarios is to do your research so you know exactly who you’re beginning a business with. Finding someone of the same values and morals as yourself will be your best protection against ending up in litigation within a franchise.

If you do find yourself facing a legal battle, arm yourself with a qualified franchise lawyer who can advise you every step of the way.

Case Litigation

case litigation
I work for a law firm, litigation case Jack and I work hours, he reported 2-3hrs a day more should I report?

We are working on this case together and the same hours not working overtime or on weekends but I notice he reported he worked 2-3 a day more than I. What ethical rules are involved here, what should I do in this situation and what options does the law firm have?

you obviously dont know all the facts, do you think it might be possible that he didnt take a lunch break/any breaks for that matter. or maybe he worked an our or 2 from home? you dont know what he is doing every second of the day so you cannot make the assumption that you have the exact same time as he does….i would mind my own business if i were you…cuz if you report him thats just going to open up a whole can of worms and drama that you nor him need. his hours are HIS business and you shouldnt stick your nose in others business–espeicially when its only a few hours extra

Litigation Trade Secrets: Tips and Tricks of the Trade. “Building Your Case File”

Mediation as an Alternative to Expensive Divorce & Litigation

The Adversarial Process

A divorce is handled as part of our legal adversary process.  By design, the process pits one side against the other.  In general, Divorce Attorneys are trained to be advocates, to “win” the case and “defeat” the other side.  The tactics that are used to obtain those results in a divorce are expensive and destructive.  Divorce attorneys use a process called “discovery” to prepare their case for trial, which gives attorneys the tools with which to attack the opponent and to gain psychological as well as legal advantage.  Depositions (examinations before trial) of friends, family and business associates, production of tons of documents, scrutinizing personal activities, and evaluation and criticism of each spouse’s role as parent, are all part of the tactics used to “win” the case.

The theory is that the decision-maker (the judge) has the benefit of the most persuasive argument from each side and the attack by cross-examination reveals the weaknesses of each side’s position.  Though this maybe an effective way to make decisions in commercial and criminal cases it certainly is not appropriate for the troubled family.  It pits husband against wife, mother against father and hostility escalates.  No one wins!

When you add the divorce out of pocket costs, divorce filing fees, divorce case witness subpoenas, divorce court reporter fees and divorce transcripts fees, the cost of the divorce case litigation often exceeds the amount in controversy and wastes hard earned marital assets.

Even if you are not preparing to go to trial, communicating back and forth through your divorce lawyers in an attempt to settle the case, results in a significant cost in time and money, and even in such case, each attorney is representing his or her client’s interests in trying to get the best outcome for them.  Eventually both sides usually end up going to mediation anyway, in an attempt to settle the case days before they are scheduled to go before the judge for trial, resulting often times in the parties feeling “pressured” into accepting a settlement.

For many divorcing couples, mediation has become a practical alternative to the financial and emotional costs of traditional adversarial legal representation.  Mediation provides the opportunity to find fair and realistic solutions to the economic and practical issues facing the family.  The earlier in the process mediation is used, the more likely a couple is able to avoid the destructive nature of traditional litigation.

Mediation is based on the premise that the people getting divorced are in the best position to make decisions that will have long-term personal and financial consequences on their lives, rather than allowing a judge to make those decisions, who does not know your family, nor is vested in the outcome of your case.

Benefits of Mediation

* Make your own decisions

* Private and confidential

* Facilitates long-term communication

* Promotes cooperation and consensus

* Benefits children by reducing conflict

* Agreements are tailored to participants’ needs.

* It saves time and money

If you are going through a separation or divorce, the process can be pretty confusing and stressful.  When trust has broken down, it helps tremendously to work with a neutral facilitator, or mediator, who can take you through the issues one by one, looking at options.  In mediation, we look for choices that might satisfy everyone’s needs.  Even if there is tension and anger, mediation can assist you in planning a future that meets your children’s needs and yours.

Divorce mediation is a voluntary process where divorcing couples work together with a trained mediator to negotiate and resolve their differences in a non-adversarial divorce process.  Divorce mediators can help you and your spouse reach an agreement on all issues including property distribution, alimony, child issues, (custody, shared parenting, child support, etc.).  The agreement results in an “uncontested divorce.”  Divorce Mediation is less expensive and less emotionally destructive.  Mediated divorces have a higher rate of satisfaction and long-range cooperation, and a lower frequency of costly returns to court.  However, to be able to successfully mediate, both sides must be willing to participate meaningfully in the mediation process.  That means both sides must openly disclose and exchange information about assets, debts and other information necessary to come to a complete resolution.  Both sides must be willing to also consider the needs of the other party and be willing to compromise on some of their own issues.  The process focuses on the future, rather than the past.

West Legal Ed

west legal ed

The Nigeria’s Interventionist Role In Liberian Crisis: An Examination Of Rpi Model

The Nigeria’s Interventionist Role in Liberian Crisis: An Examination of RPI Model

  Introduction To lead a multi–ethnic society while committed to democratic principles or norms is an uphill task. This is because incorporating several ethnic groups into a single political fold means bringing together the basic problem of ethnic conflict as well. Group loyalties dividing a multi – ethnic society can, and do, undermine a common identity, national culture or consensus on democratic values. Any government that could not effectively manage, accommodate and process the divergent, uncoordinated demands placed on it by the environment of conflicting ethnic strata with desired and expected output released to the environment, will be tenaciously experiencing call, clamour and struggle for replacement of existing structures which seem to be conflicting to the demands of the environment.

This perpetual clamour for change is a function of dissatisfaction experienced in the area of distribution of resources. It has been carefully noted that inaccessibility to, and uneven distribution of, scarce values is the master-cause of any conflict in any society, meagrely developed, developing or developed societies.

The regularity of conflicts in Africa has become one of the distinct characteristics of the continent. The conflicts are usually in the forms of inter-state and intra-state wars. While inter-state wars are usually aroused by border claims due to the presence of economic resources in the disputed areas; ideological differences; and leadership misperception, intra-state instability is often ignited by ethnic rivalry prompted by ethnic or sectional marginalization and exclusion from political power, Osaghae believes that the latter factors are better expressed as intra-elite class rivalry (1996; 98-102).

The implications of conflict situations in the region include genocide, wanton destruction of personal assets, infrastructures and refugee crisis. The level of destruction of conflicts in Liberia made external intervention a matter of humanitarian imperative. Since Liberia was undemocratic, it therefore lacked constitutional in–built mechanisms for conflict management. This necessitated external military involvement in resolving the crisis.

Nigeria’s interventionist role in the Liberian civil war was ideologically understandable within the ECOWAS organisational framework of the standing protocol relating to Mutual Assistance on Defence and in pursuance of her defined foreign policy demands. To understand Nigeria’s external involvement demands a critical analysis of the broad objectives of Nigerian foreign policy.

Objectives of Nigeria Foreign Policy

Foreign policy according to Reynolds is the “range of actions of government of a state in its relation with other bodies similarly acting on the stage supposedly in order to advance the nation’s interest” (1976). Evaluating this definition, it could be deduced that the foreign policy of a state involves not only interactions with other states but also relations with international non-state bodies, both government organizations and non-governmental organizations (NGOS). Rosenau sees foreign policy as “the authoritative actions which governments take or are committed to take, in order to preserve the desirable aspects of the international environment or alter its undesirable aspects” (1974:6). Kolawole (1997) also lends his voice when he insists that “a nation’s foreign policy orientation is informed by what is considered to be its national interest”.

Generally, the most potent instrument of gauging a nation’s foreign policy is its stated foreign policy objectives. Section 19 of the 1979 Nigerian constitution, saliently articulates its objectives as the defence of the country’s sovereignty; independence and territorial integrity; restoration of human dignity to Blackman all over the world; the creation of relevant political and economic conditions in Africa, promotion and improvement of the economic well–being of all Nigerian citizens; and promotion of world peace (Kolawole, 1997).

Of principal concern to Nigeria, from these objectives, are well–being of Nigerians; the imperative of justice for all, and a peaceful and secured world in which conflicts are resolved amicably. These aspiration values are prioritized by policy makers into three concentric circles. The narrowness of the circles denotes the nation’s security priorities, attitude and responses to foreign policy issues within Africa and the rest of the world. The inner–most circle has Nigeria. Nigeria’s neighbours and the West African sub –region occupy the second, while third layers belongs to other states in Africa (Buhari, 1984:2; Ajayi: 1998: 179).

This prioritisation implies that defence and security planners must be sensitive to the behaviour, capabilities and plans of countries that fall within these concentric securities boundaries.

The second circle, which has ECOWAS states, is strategic to Nigeria for a few reasons. One, Nigeria is a member of ECOWAS like Liberia. Therefore whatever happens to any of the members must be of keen interest to Nigeria. Two, it will be dangerous for the country to ignore any major crisis within the sub-region for its spill-over effects. Such effects can include the influx of refugees and the contagious nature of the crisis as events in Somalia, Rwanda, Burundi, Zaire and Congo Kinshasa have evidently shown. This stems from the ease with which conflict spreads in Africa. Three, any crisis in the sub-region will disrupt the realisation of the integrative economic goals of ECOWAS. Any prolonged conflict in the sub-region will constrain and stiffen the overall economic growth and development of individual state. Lastly, by its position in terms of economic status, military capability, ethnic pluralism, demographic capacity and preponderance, Nigeria occupies a leadership status in the sub-region. This constrains her from being a mere observer of events in the area. An examination of her roles in Liberia and Sierra-Leone will adequately reflect this prioritisation of objectives.   The Historical Survey of Liberian Crisis

One permanent attribute of nearly all African states is their multi-ethnic nature. Just like any other states of the continent, Liberia is noted for her multi-ethnic pluralism. Osaghae noted that Liberia comprises the two broad ethnic formations: the Americo-Liberians and the Natives which consist of ethnic groups like krahn, kpelle, kru, kissi, Bassa and De (1996:10).

The Americo-Liberians have been dominating the political sphere since independence in 1847. This is contradictory! One, they constitute just about 2.9% of the 1.5 million of the country’s population as computed in 1974 (Osaghae, 1996). Two, they are non-indigenous controlling the political and socio-economic structures of the state, which negates the principles of true independence as affirmed to. Three, Liberia seems to have gained independence since 1847 but her continuous domination by aliens has therefore given way to absolute marginalization of the natives not until the government led by President William Tolbert, an Americo-Liberian was revolted against by Samuel Doe.

Doe’s government was marked by arbitrariness and despotism to the extent that he later transformed himself to a civilian president in a fraudulent manner in an election that faced stiff opposition. Samuel Doe ruled Liberia in an oppressive manner. The situation became tense and unbearable culminating in civil war led by Charles Taylor in 1989. This marked the beginning of the fratricidal civil war in the country.

The war continued and became uncontrollable. “As the war progressed, and hardship increased, discipline broke down among the Armed forces of Liberia and rebel troops which began kidnapping foreign citizens indiscriminately” (Nwolise, 1992:58). “The ensued carnage, destruction to public property and danger posed to foreigners, aroused the attention of the international community” (Ajayi , 1998: 181).

Though the civil war took place in Liberia, the neighbouring countries felt the effect. Apart from the fact that foreigners were killed, the influx of refuges to countries like Sierra Leone, Ghana and Nigeria was highly noticeable. It is on this note that one shall look into the “involvement of the input of idea”, and the actual participation in the conflict resolution” by Nigeria. 

Nigeria’s Full Participation in Resolving the Crisis The conflict in Liberia became worrisome not only to the indigenes (Liberians) but also to the neighbouring nations and the whole continent. The involvement of Nigeria in “input of idea” in resolving the Liberia crisis has its root in the 13th session of the ECOWAS Authority of Heads of State and Government held on the 28th to 30th May, 1990 at the Gambia. According to Ajayi (1998:183-184), “President Babangida of Nigeria, canvassed for a community standing mediation committee to intervene in the Liberia dispute” the mediation committee comprises Nigeria, Ghana, Sierra Lone and Guinea as aspired by the Authority. This marked the birth of the “ECOWAS cease-fire Monitoring Group (ECOMOG) of which military contingents from members of the committee were drawn to restore and keep the peace in Liberia” (Ajayi, 1998).   As regards ECOMOG, the aforementioned countries according to their military strength and capability donated solders. This prompted Nigeria to have about 80% of the total composition of ECOMOG (Shanon and Ebrahim, 2000:14-15). Apart from this, the chief of staff, since inception, has been Nigerians. This might account for why Randall Robinson (1996) noted that “Nigeria is a great country, the hope of Africa. If Nigeria works, Africa will get there”. The success of ECOMOG in Liberia as led by Nigeria has proved the above postulation.

Thus the actual ‘participation in the conflict resolution’ began in August 1990. In the words of the Nigerian ex-president Ibrahim Babangida, “unless arrested, the carnage in that country (Liberia) would spill over to neighbouring countries, leading to external non-African intervention and we thereby decided to send out troops to participate in this laudable peacekeeping mission”(African Guardian, 1991:10).

The ex-president noted that Africa must not wait for the interventionist role from the international peace keeping force from such international organisation like UN before it tackles any problem within the region. Hence it is germane for African leaders to take appropriate initiative on the region’s problems.

One notable fact is that all Nigerian leaders usually realize the importance of peace in the sub-region. This was what prompted Babangida’s successor, Late General Sani Abacha to continue peace-keeping mission in the sub-region. To him, “the issue of peace in the West African sub-region should supersede the economic interest of individual states as there cannot be economic progress without peace in the region” (West African 1995: 586).

The Rationality, Power and Ideology (RPI) Model: A Conceptualisation and Operationalisation

The three key concepts of this model need be conceptualised and operationalised to help situate and put in contextual perspective the theme of the study. Rationality, power and Ideology interact in a complex process to shape public policy in any political system. Although, a lot of approaches have been developed and put forward to understand why government takes option A rather than B. Why it takes more of option B at the expense of option A. For instance, institutional approach was considered problem- explaining and problem-solving with the focus purely on the institutions of government as the major policy makers. Congress, the executive, the courts, and the bureaucracy represent the major institutions that address the issues of public policy. The institutional perspective, however, presents only one perception of policy making. Public policy creation can also be understood and viewed from other frames of reference. The institutional perspectives of policymaking has come of age, it has outgrown its usefulness and needs to be replaced; hence the development and consequent adoption of RPI model of policy making.

There are a number of policies made by the government. This, for the convenience and choice of this paper, shall be divided broadly into two, namely; domestic policies and foreign policies. The latter is the focus and concern of this study. The focus of this paper shall therefore be shifted to the three inputs of foreign policy making in Nigeria. There is certain interaction and interconnectedness, in a rather complex manner, among these three inputs in shaping foreign policy in Nigeria. It is germane therefore to define model in order to be familiar with the operational tools of analysis. What is a model?

A model has been defined as “an abstraction or representation of political life that serves to: 1. Order and simplify reality. 2. Identify what is significant. 3. Provide meaningful communication. 4. Direct research and, 5. Suggest explanations” (Thomas Dye; 1995; 40-41).  It is also conceptual frameworks or lenses to view a series of events” (Steven G. etals, 1998:11). Generally, a model is a guide to deal with reality. It captures the real features of reality. Model should however not be mistaken for reality. It is not a description of reality but a representation of it. It simplifies reality but reality is more complex. A good model should be consistent in producing results. Since model guides, it is therefore a simpler form of reality.

Having conceptualized model, it is important to operationalise the inputs of policymaking vis-à-vis foreign policy in Nigeria. Because of the divergence in foreign policy issues in Nigeria, the interest of this paper is shifted to Nigeria’s interventionist role in Liberia through ECOMOG.

RPI model departs from the traditional institutional focus as it examines the influences of three policy inputs. RPI model contends that the policy inputs of rationality, power and ideology influence the key actors of Nigeria foreign policy. Unlike institutional model, rationality, Power and ideology are dependent and co-ordinate, they interact with each other in a complex process to impinge on, and exert policy influence.

Rationality refers to the ability to assimilate and accept the presence of conflicting factors in a given situation. In a rational context of decision making, what happens is the constant process of moderating the biases and subjective disparity of the decision-maker by the ready introduction of appropriate information and willingness to use such information. Rationality encourages the use of experts who monitor programme effectiveness using rational techniques and make recommendations for periodic changes. Rationality involves objectivity and objectivity connotes the availability and usage of relevant and reliable data in formulating foreign policy.

Rationality lays emphasis on objectivity, technicality and cost–effect in defining one’s goals. The primary focus is cost and benefit. Corroborating this, a scholar has argued that “calculation and consideration of benefits, as well as costs, are important components of rationality. The rationality input relies heavily on empirical analysis and methodological tools such as statistics, scientific procedures and experimental        designs” (William; 1994). In the view of rationality, policy involves:

(i)                 goal setting

(ii)               Identification and listing of options / alternatives.

(iii)             Evaluation and

(iv)             Best choice

Policy can also be studied or viewed from the perspective of power. The key actors in this perspective are various interest groups, citizens, government and influential individuals who exert considerable influence on policy through lobbying, voting, shaping pubic opinion or contributing to political campaigns. Various groups interact in a complex way to influence policy output. Power input is linked to self-        interested actors who wish to acquire personal gains as contrasted to the rationality input that strives to maximize the collective benefit or benefits to all, for a given amount of resources.

Policy can also be viewed from the perspective of ideology. Ideology has power to change one’s perception of world because of its general acceptance, stability and normative tendencies. Its values have been acquired and accepted as norms which must be adhered to. It emphasises acceptance, faith without proof, belief without evidence. Ideology deals with belief systems that simplify complexity and shape views of how the world works (Steven et als, 1998).

A scholar has recaptured the end–product of ideology when he identifies three important senses of ideology “to refer to very specific kinds of beliefs, to refer to beliefs that are in some cases distorted or false and, to refer to any set of beliefs, covering everything from scientific knowledge, to religion, to everyday beliefs about proper conduct, respective of whether such beliefs are true or false “(Nicholas etal; 1988:118). Ideological input is associated with “emotional rewards rather than materials gains and with polarized environments involving many actors engaged in continuous debate” (Nicholas etal; 1988:118).

Rationality and the Nigeria’s Foreign Policy of Interventionist Role in Liberia through ECOMOG

If certain attributes of rationality include objectivity, technicality, expertise, availability of relevant and reliable data (information), cost–effect, etc, then, the motives behind Nigeria’s intervention in Liberia must             reflect these attributes. In evaluating, identifying and understanding this, we shall attempt to look at the practical factors that have motivated Nigeria’s intervention. Available evidence proves that Nigeria’s intervention is as a result of pursuance of its foreign policy objectives; objectives in this sense connote     ideology rather than rationality because it deals with, and centres on, emotion. Also, scholars have unveiled that salient factors which include “the carnage in the trouble spots is enough to evoke humanitarian feelings, Nigeria has multi-million dollar investments in petroleum and solid minerals in Liberia and president Samuel Doe, at that time, was a close friend of General Babangida, the then head of State” (Ajayi, 1989: 184). The first factor centres on the issue of humanitarianism which is ideological in nature, while the second is on economic/personal gains; the third is on both power and ideology.

The second reason being economic (investment) can be elaborated upon and issue of rationality drawn from it. In this regards, it leaves more questions than answers. Is the investment in Liberia commensurate with 1,000 lives that were lost, the psychological effect thereof and an estimated “$8billion” wasted on the prosecution of foreign war that was none of its making?” (Vanguard: 2003:11). What then is rational in the decision of Nigeria to give asylum to Taylor? Were Nigerian people consulted in form of opinion poll before Nigeria troops were sent to Liberia? Is there anything rational for a country that is inundated with, and characterised by, high external debt, poverty, inflation, religious bigotry, hike in petroleum products price, youth restiveness in the Niger Delta etc to scandal such a whopping amount of money in foreign land because of self- styled ideology?

We know that rationality has multiple bases (i) technical rationality (ii) economic rationality (iii) legal rationality and, (iv) social rationality. Considering legal rationality, Taylor should have been handed over to the international criminal court for trial. Out of these four multiple bases of rationality, Nigeria’s intervention could not be explained suitably if situated within the rationality perspective.

Power, Ideology and the Nigeria’s Interventionist Role in Liberian Crisis through ECOMOG

It has been saliently discovered that Nigeria has since been using more of power and ideology in its foreign policy approach. It is not that Nigeria has not applied rationality in any of its foreign policy approaches. After all, the cession of some communities and villages to Cameroon over Bakkassi Penisula is a decision that can be explained through legal rationality. But greater percentage of its foreign policy approaches could best be viewed through power and ideology. In talking of power, power can be divided into three viz: ruling class, power elite and pluralism.

The adherents of ruling class believe that a policy of government (be it domestic or foreign) is a reflection of the personal idiosyncrasies of the ruling class. The leading statement of such a structure was offered by Gaetano Mosca, who states that all societies break down to two classes: those who rule and those who are ruled. This type of class dominates the institutions of government, owns largest part of country’s wealth but has 0.5 to 1.0 percent of population of any country (Steven etal; 1998). Power elite belong to the group that commands the major institutional hierarchies and organizations of modern society: big corporations, government and the military. While pluralism is a situation where power and opportunity of wider participation are dispersed to individual groups.

Power emphasizes economic/personal gains while ideology is on emotions. The decision of the president to reinstate Sao Tome president is derived from ideological perspective of foreign policy objectives of Nigeria. Also, the decision to grant asylum to Taylor is explainable and understandable through the ruling class view of power. If it were pluralistic, Nigerian people would have been consulted and their views adopted as final and unchanged.

  Conclusion

Using RPI model, it could be deduced that the intervention stemmed from power and ideology rather than from the perspective of rationality. It is advisable however that Nigeria adopts rationality in its approach on vital foreign policy issues such as the intervention in both Liberia and Sierra Leone because of the economic effect it has on Nigeria’s economy and economic development. On Tuesday, 23rd June, 2009, the Nigerian Senate was debating and subsequently passed a request from the President granting soft loan of $10million to Sao Tome at the critical point of economic downturn. Many Nigerians go to bed hungry, high rate of unemployment and deplorable situation of Nigerian roads. Infrastructural facilities are practically lacking. In this situation, granting of loan to another country cannot be said to be rational but a reflection of Nigeria’s foreign policy objective and personal relationship which is ideological in nature.

It is an indisputable fact that ECOWAS through its military wing – ECOMOG – had once again succeeded in restoring peace to Liberia against all odds. Constitutional or unconstitutional, legal or extralegal, ECOWAS, indeed Nigeria, has gained more recognition in the international system in the area of peace making. But the conviction of this paper is that it is more expedient if not more reasonable to satisfy domestic needs before playing the role of ‘big brother’ in Africa. As the position of country and its relevance in the international system is not measured by how many peace keepings you engage in as a country, but your level of technology development, economic viability, military capability, political stability and visionary leadership as well as focussed and supportive citizenry. In order to achieve this, therefore, there should be internal cleansing through reduction in the level of corruption, zero tolerance to poverty, sincerity of purpose on the part of the leadership, infrastructural development and a vibrant electoral system that guarantees one man one vote as well as respect for individual rights.

References

Abbah, T. (2003) “The Mess Taylor Left Behind”, Punch, April 21.

Ajayi, K. (1998) “Nigeria’s Peace Keeping role in Liberia and Sierra Leone” in Kolawole

(ed) Issues in Nigerian government and Politics. Akure, Steebal Publishers.

Amadu, S. (1992) “ECOMOG and Sub-Regional Security in West Africa” in conflict

Trend, Issues 3.

Buhari, M.(1984) “On Nigerian Foreign Policy, National Interest an ECOWAS”,

Nigerian Journal of International Affairs, , Vol. 110. No.2.

Fawole, W.F. (1999)  Paranoia, Hostility and Defiance: Gen. Sani Abacha and The ‘New’

Nigeria Foreign Policy. Ile-Ife, Obafemi Awolowo University Press Ltd.

Kolawole, D. (1997) Readings in Political science Ibadan, Dekaal Publishers.

Lamido, S. (2000) “Main Thrust of Nigerian Foreign Policy”, National Concord,

February 22.

Nicholas, A. (1988) Dictionary of Sociology. London, Pengium, Stephen H. and Books.

Nwolise, O.B.S (1992) “The Internationalization of the Liberian Crisis and its Effects on

West Africa” in M.A. Vogt etal (eds) The Liberian Crisis and ECOMOG: A Bold

Attempt at Regional Peace Keeping. Gabumo Publishing Co. Ltd.

Obasanjo, O. (2001) Address at the 1999 Annual Patron’s Dinner of the Nigerian institute

of International Affairs, Abuja.

Ojo, O. (1990) “Sponsorship and Memebrship of ECOWAS” in Gabriel, O. and

Akindele, R.A. (eds) The structure and Process of Foreign Policy Making and

Implementation in Nigeria, 1960 – 1990. Ibadan, Ventage Pub. Ltd.,

Osaghae, E.E. (1996) Ethnicity, Class and the Struggle for State Power in Liberia. Dakar,

ODESTRIA.

Rosenau, J.  (1974) Comparing Foreign Policies. New York, john Wiley

Steven, G. K. etal (1998) American Public Policy: The Contemporary Agenda New York.

Houghton Mifflin Company Boston.

Marysville purchases Geddes marina for $1.9 million
MARYSVILLE — After four years of legal wrangling, the city of Marysville purchased Ed and Susan Geddes’ marina for approximately $1.9 million last month.

Dictionary Litigation

dictionary litigation
Did Bush mean to liberate Iraq? or liquidate it?

Main Entry: lib·er·ate Listen to the pronunciation of liberate
Etymology: Latin liberatus, past participle of liberare, from liber

Excellent question! I initially hoped that he had enough of heart to liberate, but everyday, Im am so shocked and incredulous by the actions of the Bush administration, that I find it hard to say “Both.” The American public will only learn all of the details of this ridiculous war when Bush is out of office, and McCain-Bush machine is defeated in the 2008 election. Although, the million dollar Bush library that is being built in Texas is going to be a secured private tomb, I hope that the true actions of this selfish Republican party that has recked havoc over last 8 years will be dug up and known to all.

Scientology:Andrew Morton’s Tom Cruise Biography controversy

Indian Divorce in U.S. Courts

In most circumstances, a judgment of divorce of a foreign national court has no independent force outside the forum’s territory. Thus courts will enforce their own judgments within their own national boundary.

As a general rule, a judgment of a court of one nation may be recognized and enforced in another nation if the courts of that nation are willing to accept the decree of the nation where the judgment was issued.

Recognition and enforcement of foreign judgments occur when a U.S. court relies upon foreign divorce ruling, on the ground that it has been previously litigated abroad. Thus recognition of foreign divorce judgments is akin to the domestic U.S. doctrines of res judicat (or claim preclusion, prevents parties of a claim from re-litigating the same claim), and collateral estoppel (or preclusion which extends the preclusive effort of a judgment to re-litigation of issues that were decided in a prior action.) The enforcement of foreign divorce judgment is typically sought by a plaintiff who has obtained a judgment in a foreign country.

In the United States, the judgments of one state’s court are routinely enforced in another state. Article IV, Sec. 1 of the U.S. Constitution requires that “Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other state.” Congress has implemented the full faith and credit clause by statutory enactment providing that judicial proceedings “shall have the same full faith and credit in every court within the United States…as they have by law or usage in the courts of such State…from which they are taken.” (28 U.S.C. Sec. 1738. 1982).

The Doctrine of Comity

Presently, in the United States, there is no federal standard governing the enforcement of divorce judgments rendered by foreign courts. Unlike state judgments, foreign judgments are not covered by the full faith and credit clause of the U.S. Constitution and other statutes. Nor are there any federal statutes to enforce foreign divorce judgments in U.S. courts. The United States is not party to any international agreement regarding the mutual recognition of divorce judgments.

With the absence of a treaty or statute upon this subject, the duty rests upon the judicial tribunals to determine the rights of the parties in divorce suits brought before them. In doing this, the courts obtain such aid for their judicial decision, from the works of jurists, commentators and academic scholars, and from the acts of civilized nations. Thus U.S. courts may give recognition to the judgments of a foreign nation as a matter of “comity.”

The “doctrine of comity,” in the legal sense, is not an absolute obligation; it is a courtesy, where the court may recognize a foreign court order, but is not compelled to do so. This extension or denial of comity is discretionary to the U.S. court

Indian nationals domiciled in the United States, initiate divorce in India. Many of them have dual US-Indian nationalities. They travel to India for the sole purpose of obtaining divorce judgments from Indian courts. Then they travel back to the United States and serve the other spouses with divorce papers. Do the U.S. courts extend comity and recognize the enforceability of those divorce judgments? Or do the U.S. courts assert their own jurisdiction on the divorce cases? The key concepts in this “conflict of law” in the United States are two: subject matter jurisdiction (or competence), and personal jurisdiction.

For a foreign court to have authority to adjudicate a dispute involving divorce, it must have jurisdiction over divorce issues. A divorce can be granted only in a court designated to hear matrimonial cases. It is well settled that U.S. courts will not enforce foreign judgments unless foreign courts possessed “competence” or subject matter jurisdiction under foreign law. Consequently, lack of subject matter jurisdiction is a basis for non-recognition.

Personal jurisdiction, known also as “personam” is the power of a court “to hear and determine a lawsuit involving a defendant by virtue of the defendant having some contact with the place where the court is located.” (See http://legal-dictionary.thefreedictionay.com/Personal-Jurisdiction). Personal jurisdiction is a basic pre-requisite for the enforcement of a foreign judgment. The foreign court issuing the judgment must possess personal jurisdiction and authority over persons within its territory. This includes: domiciliary, citizenship, place of marriage, etc.

U.S. courts generally, are able to decide divorce cases based on at least one of the spouses being domiciled or maintaining a habitual residence within the geographic jurisdiction of the court. Domicile is defined as physical presence and an intention to live permanently in a location. Such intentions are determined by where a person is registered to vote, filing state tax return, state issued driving license, which school the children go to, does he or she join a gym in the area of residence and where the home is located, etc.

Divorce cases involving multinational jurisdictions are complex. Foreign divorces may involve immigration matters, child custody, division of marital assets and support orders, which have their own specialized enforcement issues. In most cases attorneys and litigants consult with experts in foreign laws before determination.

Litigation Finance Companies

litigation finance companies

Need a Lawsuit Funding Company – Read This First

Applying for lawsuit finance from a lawsuit funding company takes some basic understanding of the principles of lawsuit loans and litigation finance. If you are loooking for an advance on your pending lawsuit, the best place to start is by reviewing a few lawsuit funding companies on the internet and doing some research.

Getting an advance on your pending lawsuit is relatively simple yet it can seem daunting with the number of funding companies in the market. Every plaintiff needs to understand some basic principles of what makes up lawsuit finance and the actual anatomy of a lawsuit loan.

Lawsuit funding companies have become a new and popular way for anyone involved in a personal injury claim to receive cash funds before their actual settlement takes place. These funds can be used to meet expenses and pay day to day bills that often pile up if the plaintiff finds themselves unable to work and earn regular income. A lawsuit funding company is an independent party providing the finance to the plaintiff. This removes the conflict of interest that would arise if their attorney were to lend them the money directly.

A lawsuit finance company advances an amount to the plaintiff which is to be repaid only if the case is settled favorable. Thus it is essentially advanced on a no win, no fee basis. These advances or pre settlement loans are actually not loans in the strict sense as they are advanced on a non recourse basis, meaning that the lawsuit funding company bears all of the risk. There is absolutely no requirement to pay back the amount if the plaintiff’s case does not settle successfully. There are also no monthly repayments or fees to be made before the settlement.

So how do you go about finding a reputable lawsuit funding company to advance you this money? The best place to start is on the internet. Doing a basic search will give you some information on the various companies involved in lawsuit finance. Contacting a company can be done via email or phone.

Once you have found a few companies, ask them directly about their rates and fees. Do not be afraid to negotiate if you have found a better deal elsewhere. Getting the lowest rate is what you are aiming for. any reputable funding company will be open to negotiating with you and remember that the amount to be advanced will be dependent upon the strength of your case. Other factors like your employment history or credit history do not get taken into consideration. The merits of your case are the sole determining factor, as this is where the advanced funds will come from. The funding company will consider the expected settlement and use this to determine how much to fund.

To contact an experienced lawsuit funding company with nationwide locations visit Lawsuit Funding Company

can a finance company share my account information with another person i did not authorize them to?

i had a finance company call people i know when they were trying to contact me, and they told them all of my account info, as far as amount, status etc… i know this company violated some laws when they did i just don’t know what laws, and i’m writing them a letter to war them of my impending litigation

Save your threats – they get threatened every second call and it just shows that they have got to you.

You signed a blanket authorization when you took the loan out, that’s how they can do this.