#because no civil authority has made a formal statement about the situation
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sayruq · 7 months ago
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On Thursday afternoon, the Freedom Flotilla Coalition was contacted by the Guinea Bissau International Ships Registry (GBISR), requesting an inspection of our lead ship – Akdenez. This was a highly unusual request as our ship had already passed all required inspections; nevertheless, we agreed. The inspector arrived on Thursday evening. On Friday afternoon, before the inspection was completed, the GBISR, in a blatantly political move, informed the Freedom Flotilla Coalition that it had withdrawn the Guinea Bissau flag from two of the Freedom Flotilla’s ships, one of which is our cargo ship, already loaded with over 5000 tons of life-saving aid for the Palestinians of Gaza.
In its communication informing us of this cancelation, the GBISR made specific reference to our planned mission to Gaza. It also made several extraordinary requests for information, including confirmation of the ships’ destination, any potential additional port calls, and the discharge port for humanitarian aid and estimated arrival dates and times. It further demanded a formal letter explicitly approving the transportation of humanitarian aid and a complete manifest of the cargo. Again, this is a highly unusual move from a flagging authority. Normally, national flagging authorities concern themselves only with safety and related standards on vessels bearing their flag, and are not concerned with the destination, route, cargo manifests or the nature of a specific voyage. Just like when you register your car, the authorities don’t require you to detail to them every place you are going to go with the car. Sadly, Guinea-Bissau has allowed itself to become complicit in Israel’s deliberate starvation, illegal siege and genocide of Palestinians in Gaza. Israel is showing the world the extent to which it will go to deny Palestinians the aid they need to stay alive, in direct contravention of International Humanitarian Law, UN Security Council resolutions, and two orders of the International Court of Justice. Israel is only allowed to get away with this because we have an international order where law does not apply equally, where people are not valued the same, and where might equals right. The US has hijacked international law and is violating its own laws to protect Israel at every turn. A recently-leaked USAID memo states that “famine in Gaza is inevitable,” and that “changes could reduce but not stop widespread civilian deaths.” It also states that the government of Israel does not currently demonstrate necessary compliance with U.S. law required to receive U.S. military aid. Nevertheless, last week, the U.S. Congress passed and Biden signed a $26 billion aid package for Israel. It is this kind of naked impunity, over decades, that has brought us to this point where Israel can carry out a genocide, that includes a public declaration by Israel’s leaders that it is going to deliberately starve children, and not only face no consequences, but also involve a majority of world governments in its crimes. While our governments claim to care about Palestinian lives, they are complying, and indeed enforcing a situation where a state that has been found to be plausibly committing a genocide, is allowed to control what, if any life-saving aid gets to the people trying to stay alive.Yesterday, the UN Special Rapporteurs on the Right to Food, on the Right to Housing, and on the situation of human rights in the occupied Palestinian territory, issued a statement stating that civil society initiatives like the Freedom Flotilla are important precisely because governments are not complying with their obligations under international law and many of these governments are even complicit in Israel’s siege and genocide. The statement affirmed that ours was a legitimate challenge to Israel’s control over the delivery of aid to Gaza and it demanded safe passage for our flotilla. However, without a flag, we cannot sail. But, this is not the end. Israel cannot and will not crush our resolve to break its illegal siege and reach the people of Gaza. The people of Gaza and all of Palestine remain steadfast under the most horrific, unimaginable conditions. We take strength from their incredible, inexplicable ability to maintain their humanity, dignity and hope when the world has given them no reason to do so.It is our responsibility to keep that hope alive. WE WILL SAIL.
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j1nwoox · 2 years ago
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For X and non-Omega X fans, please reblog and sign this petition requesting that the Korea Creative Content Agency and Seoul Metropolitan Police Agency launch an immediate investigation into the alleged physical, verbal, and emotional abuse experienced by the members of Omega X. 
Here is a twitter thread detailing what we know so far. 
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samwisethewitch · 4 years ago
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Pagan Paths: Wicca
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Wicca is the big granddaddy of neopagan religions. Most people who are familiar with modern paganism are specifically familiar with Wicca, and will probably assume that you are Wiccan if you tell them you identify as pagan. Thanks to pop culture and a handful of influential authors, Wicca has become the public face of modern paganism, for better or for worse.
Wicca is also one of the most accessible pagan religions, which is why I chose to begin our exploration of individual paths here. Known for its flexibility and openness, Wicca is about as beginner-friendly as it gets. While it definitely isn’t for everyone, it can be an excellent place to begin your pagan journey if you resonate with core Wiccan beliefs.
This post is not meant to be a complete introduction to Wicca. Instead, my goal here is to give you a taste of what Wiccans believe and do, so you can decide for yourself if further research would be worth your time. In that spirit, I provide book recommendations at the end of this post.
History and Background
Wicca was founded by Gerald Gardner, a British civil servant who developed an interest in the esoteric while living and working in Asia. Gardner claimed that, after returning to England, he was initiated into a coven of witches who taught him their craft. Eventually, he would leave this coven and start his own, at which point he began the work of bringing Wicca to the general public. In 1954, Garner published his book Witchcraft Today, which would have a great impact on the formation of Wicca, as would his 1959 book The Meaning of Witchcraft.
Gardner claimed that the rituals and teachings he received from his coven were incomplete — he attempted to fill in the gaps, which resulted in the creation of Wicca. Author Thea Sabin calls Wicca “a New Old Religion,” which is a good way to think about it. When Gardner wrote the first Wiccan Book of Shadows, he combined ancient and medieval folk practices from the British Isles with ceremonial magic dating back to the Renaissance and with Victorian occultism. These influences combined to create a thoroughly modern religion.
Wicca spread to the United States in the 1960s, at which time several new and completely American traditions were born. Some of these traditions are simply variations on Wicca, while others (like Feri and Reclaiming, which we’ll discuss in future posts) became unique, full-fledged spiritual systems in their own right. In America, Wicca collided with the counter-culture movement, and several activist groups began to combine the two. Wicca has continued to evolve through the decades, and is still changing and growing today.
There are two main “types” of Wicca which take very different approaches to the same deities and core concepts.
Traditional Wicca is Wicca that looks more or less like the practices of Gerald Gardner, Doreen Valiente, Alex Sanders, and other early Wiccan pioneers. Traditional Wiccans practice in ritual groups called covens. Rituals are typically highly formal and borrow heavily from ceremonial magic. Traditional Wicca is an initiatory tradition, which means that new members must be trained and formally inducted into the coven by existing members. This means that if you are interested in Traditional Wicca, you must find a coven or a mentor to train and initiate you. However, most covens do not place any limitations on who can join and be initiated, aside from being willing to learn.
Most Traditional Wiccan covens require initiates to swear an oath of secrecy, which keeps the coven’s central practices from being revealed to outsiders. However, there are traditional Wiccans who have gone public with their practice, such as the authors Janet and Stewart Farrar.
Eclectic Wicca is a solitary, non-initiatory form of Wicca, as made popular by author Scott Cunningham in his book Wicca: A Guide for the Solitary Practitioner. Eclectic Wiccans are self-initiated and may practice alone or with a coven, though coven work will likely be less central in their practice. There are very few rules in Eclectic Wicca, and Wiccans who follow this path often incorporate elements from other spiritual traditions, such as historical pagan religions or modern energy healing. Because of this, there are a wide range of practices that fall under the “Eclectic Wicca” umbrella. Really, this label refers to anyone who considers themselves Wiccan, follows the Wiccan Rede (see below), and does not belong to a Traditional Wiccan coven. The majority of people who self-identify as Wiccan fall into this group.
Core Beliefs and Values
Thea Sabin says in her book Wicca For Beginners that Wicca is a religion with a lot of theology (study and discussion of the nature of the divine) and no dogma (rules imposed by religious structures). As a religion, it offers a lot of room for independence and exploration. This can be incredibly empowering to Wiccans, but it does mean that it’s kind of hard to make a list of things all Wiccans believe or do. However, we can look at some basic concepts that show up in some form in most Wiccan practices.
Virtually all Wiccans live by the Wiccan Rede. This moral statement, originally coined by Doreen Valiente, is often summarized with the phrase, “An’ it harm none, do what ye will.”
Different Wiccans interpret the Rede in slightly different ways. Most can agree on the “harm none” part. Wiccans strive not to cause unnecessary harm or discomfort to any living thing, including themselves. Some Wiccans also interpet the word “will” to be connected to our spiritual drive, the part of us that is constantly reaching for our higher purpose. When interpreted this way, the Rede not only encourages us not to cause harm, but also to live in alignment with our own divine Will.
Wiccans experience the divine as polarity. Wiccans believe that the all-encompassing divinity splits itself (or humans split it into) smaller aspects that we can relate to. The first division of deity is into complimentary opposites: positive and negative, light and dark, life and death, etc. These forces are not antagonistic, but are two halves of a harmonious whole. In Wicca, this polarity is usually embodied by the pairing of the God and Goddess (see below).
Wiccans experience the divine as immanent in daily life. In the words of author Deborah Lipp, “the sacredness of the human being is essential to Wicca.” Wiccans see the divine present in all people and all things. The idea that sacred energy infuses everything in existence is a fundamental part of the Wiccan worldview.
Wiccans believe nature is sacred. In the Wiccan worldview, the earth is a physical manifestation of the divine, particularly the Goddess. By attuning with nature and living in harmony with its cycles, Wiccans attune themselves with the divine. This means that taking care of nature is an important spiritual task for many Wiccans.
Wiccans accept that magic is real and can be used as a ritual tool. Not all Wiccans do magic, but all Wiccans accept that magic exists. For many covens and solitary practitioners, magic is an essential part of religious ritual. For others, magic is a practice that can be used not only to connect with the gods, but also to improve our lives and achieve our goals.
Many Wiccans believe in reincarnation, and some may incorporate past life recall into their spiritual practice. Some Wiccans believe that our souls are made of cosmic energy, which is recycled into a new soul after our deaths. Others believe that our soul survives intact from one lifetime to the next. Many famous Wiccan authors have written about their past lives and how reconnecting with those lives informed their practice.
Important Deities and Spirits
The central deities of Wicca are the Goddess and the God. They are two halves of a greater whole, and are only two of countless possible manifestations of the all-encompassing divine. The God and Goddess are lovers, and all things are born from their union.
Though some Wiccan traditions place a greater emphasis on the Goddess than on the God, the balance between these two expressions of the divine plays an important role in all Wiccan practices (remember, polarity is one of the core values of this religion).
The Goddess is the Divine Mother. She is the source of all life and fertility. She gives birth to all things, yet she is also the one who receives us when we die. Although she forms a duality in her relationship with the God, she also contains the duality of life and death within herself. While the God’s nature is ever-changing, the Goddess is constant and eternal.
The Goddess is strongly associated with both the moon and the earth. As the Earth Mother, she is especially associated with fertility, abundance, and nurturing. As the Moon Goddess, she is associated with wisdom, secret knowledge, and the cycle of life and death.
Some Wiccans see the goddess as having three main aspects: the Maiden, the Mother, and the Crone. The Maiden is associated with youth, innocence, and new beginnings; she is the embodiment of both the springtime and the waxing moon. The Mother is associated with parenthood and birth (duh), abundance, and fertility; she is the embodiment of the summer (and sometimes fall) and of the full moon. The Crone is associated with death, endings, and wisdom; she is the embodiment of winter and of the waning moon. Some Wiccans believe this Triple Goddess model is an oversimplification, or complain that it is based on outdated views on womanhood, but for others it is the backbone of their practice.
Symbols that are traditionally used to represent the Goddess include a crescent moon or an image of the triple moon (a full moon situated between a waxing and a waning crescent), a cup or chalice, a cauldron, the color silver, and fresh flowers.
The God is the Goddess’s son, lover, and consort. He is equal parts wise and feral, gentle and fierce. He is associated with sex and by extension with potential (it could be said that while the Goddess rules birth, the God rules conception), as well as with the abundance of the harvest. He is the spark of life, which is shaped by the Goddess into all that is.
The God is strongly associated with animals, and he is often depicted with horns to show his association with all things wild. As the Horned God he is especially wild and fierce.
The God is also strongly associated with the sun. As a solar god he is associated with the agricultural year, from the planting and germination to the harvest. While the Goddess is constant, the God’s nature changes with the seasons.
In some Wiccan traditions, the God is associated with plant growth. He may be honored as the Green Man, a being which represents the growth of spring and summer. This vegetation deity walks the forests and fields, with vines and leaves sprouting from his body.
Symbols that are traditionally used to represent the God include phalluses and phallic objects, knives and swords, the color gold, horns and antlers, and ripened grain.
Many covens, both Traditional and Eclectic, have their own unique lore around the God and the Goddess. Usually, this lore is oathbound, meaning it cannot be shared with those outside the group.
Many Wiccans worship other deities besides the God and Goddess. These deities may come from historical pantheons, such as the Greek or Irish pantheon. A Wiccan may work with the God and Goddess with their coven or on special holy days (see below), but work with other deities that are more closely connected to their life and experiences on a daily basis. Wiccans view all deities from all religions and cultures as extensions of the same all-encompassing divine force.
Wiccan Practice
Most Wiccans use the circle as the basis for their rituals. This ritual structure forms a liminal space between the physical and spiritual worlds, and the Wiccan who created the circle can choose what beings or energies are allowed to enter it. The circle also serves the purpose of keeping the energy raised in ritual contained until the Wiccan is ready to release it. Casting a circle is fairly easy and can be done by anyone — simply walk in a clockwise circle around your ritual space, laying down an energetic barrier. Some Wiccans use the circle in every magical or spiritual working, while others only use it when honoring the gods or performing sacred rites.
While it is on one level a practical ritual tool, the circle is also a representation of the Wiccan worldview. Circles are typically cast by calling the four quarters (the four compass points of the cardinal directions), which are associated with the four classical elements: water, earth, fire, and air. Some (but not all) Wiccans also work with a fifth element, called spirit or aether. The combined presence of the elements makes the circle a microcosm of the universe.
Casting a circle requires the Wiccan to attune themselves to these elements and to honor them in a ritual setting. This is referred to as calling the quarters. When a Wiccan calls the quarters, they will move from one cardinal point to the next (usually starting with east or north), greet the spirits associated with that direction/element, and invite them to participate in the ritual. (If spirit/aether is being called, the direction it is associated with is directly up, towards the heavens.) This is done after casting the circle, but before beginning the ritual.
What happens within a Wiccan ritual varies a lot — it depends on the Wiccan, their preferences, and their goals for that ritual. However, nearly all Wiccan religious rites begin with the casting of the circle and calling of the quarters. (Some would argue that a ritual that doesn’t include these elements cannot be called Wiccan.)
When the ritual is completed, the quarters must be dismissed and the circle taken down. Wiccans typically dismiss the quarters by moving from one cardinal point to the next (often in the reverse of the order used to call the quarters), thanking the spirits of that quarter, and politely letting them know that the ritual is over. The circle is taken down (or “taken up,” as it is called in some traditions) in a similar way, with the person who cast the circle moving around it counterclockwise and removing the energetic barrier they created. This effectively ends the ritual.
There are eight main holy days in Wicca, called the sabbats. These celebrations, based on Germanic and Celtic pagan festivals, mark the turning points on the Wheel of the Year, i.e., the cycle of the seasons. By honoring the sabbats, Wiccans attune themselves with the natural rhythms of the earth and actively participate in the turning of the wheel.
The sabbats include:
Samhain (October 31): Considered by many to be the “witch’s new year,” this Celtic fire festival has historic ties to Halloween. Samhain is primarily dedicated to the dead. During this time of year, the otherworld is close at hand, and Wiccans can easily connect with their loved ones who have passed on. Wiccans might celebrate Samhain by building an ancestor altar or holding a feast with an extra plate for the dead. Samhain is the third of the three Wiccan harvest festivals, and it is a joyous occasion despite its association with death. (By the way, this sabbat’s name is pronounced “SOW-en,” not “Sam-HANE” as it appears in many movies and TV shows.)
Yule/Winter Solstice (December 21): Yule is a celebration of the return of light and life on the longest night of the year. Many Wiccans recognize Yule as the symbolic rebirth of the God, heralding the new plant and animal life soon to follow. Yule celebrations are based on Germanic traditions and have a lot in common with modern Christmas celebrations. Wiccans might celebrate Yule by decorating a Yule tree, lighting lots of candles or a Yule log, or exchanging gifts.
Imbolc (February 1): This sabbat, based on an Irish festival, is a celebration of the first stirrings of life beneath the blanket of winter. The spark of light that returned to the world at Yule is beginning to grow. Imcolc is a fire festival, and is often celebrated with the lighting of candles and lanterns. Wiccans may also perform ritual cleansings at this time of year, as purification is another theme of this festival.
Ostara/Spring Equinox (March 21): Ostara is a joyful celebration of the new life of spring, with ties to the Christian celebration of Easter. Plants are beginning to bloom, baby animals are being born, and the God is growing in power. Wiccans might celebrate Ostara by dying eggs or decorating their homes and altars with fresh flowers. In some covens, Ostara celebrations have a special focus on children, and so may be less solemn than other sabbats.
Beltane (May 1): Beltane is a fertility festival, pure and simple. Many Wiccans celebrate the sexual union of the God and Goddess, and the resulting abundance, at this sabbat. This is also one of the Celtic fire festivals, and is often celebrated with bonfires if the weather permits. The fae are said to be especially active at Beltane. Wiccans might celebrate Beltane by making and dancing around a Maypole, honoring the fae, or celebrating a night of R-rated fun with friends and lovers.
Litha/Midsummer/Summer Solstice (June 21): At the Summer Solstice, the God is at the height of his power and the Goddess is said to be pregnant with the harvest. Like Beltane, Midsummer is sometimes celebrated with bonfires and is said to be a time when the fae are especially active. Many Wiccans celebrate Litha as a solar festival, with a special focus on the God as the Sun.
Lughnasadh/Lammas (August 1): Lughnasadh (pronounced “loo-NAW-suh”) is an Irish harvest festival, named after the god Lugh. In Wicca, Lughnasadh/Lammas is a time to give thanks for the bounty of the earth. Lammas comes from “loaf mass,” and hints at this festival’s association with grain and bread. Wiccans might celebrate Lughnasadh by baking bread or by playing games or competitive sports (activities associated with Lugh).
Mabon/Fall Equinox (September 21): Mabon is the second Wiccan harvest festival, sometimes called “Wiccan Thanksgiving,” which should give you a good idea of what Mabon celebrations look like. This is a celebration of the abundance of the harvest, but tinged with the knowledge that winter is coming. Some Wiccans honor the symbolic death of the God at Mabon (others believe this takes place at Samhain or Lughnasadh). Wiccan Mabon celebrations often include a lot of food, and have a focus on giving thanks for the previous year.
Aside from the sabbats, some Wiccans also celebrate esbats, rituals honoring the full moons. Wiccan authors Janet and Stewart Farrar wrote that, while sabbats are public festivals to be celebrated with the coven, esbats are more private and personal. Because of this, esbat celebrations are typically solitary and vary a lot from one Wiccan to the next.
Further Reading
If you want to investigate Wicca further, there are a few books I recommend depending on which approach to Wicca you feel most drawn to. No matter which approach you are most attracted to, I recommend starting with Wicca For Beginners by Thea Sabin. This is an excellent introduction to Wiccan theology and practice, whether you want to practice alone or with a coven.
If you are interested in Traditional Wicca, I recommend checking out A Witches’ Bible by Janet and Stewart Farrar after you finish Sabin’s book. Full disclosure: I have a lot of issues with this book. Parts of it were written as far back as the 1970s, and it really hasn’t aged well in terms of politics or social issues. However, it is the most detailed guide to Traditional Wicca I have found, so I recommend it for that reason. Afterwards, I recommend reading Casting a Queer Circle by Thista Minai, which presents a system similar to Traditional Wicca with less emphasis on binary gender. After you learn the basics from the Farrars, Minai’s book can help you figure out how to adjust the Traditional Wiccan system to work for you.
If you are interested in Eclectic Wicca, I recommend Wicca: A Guide for the Solitary Practitioner and Living Wicca by Scott Cunningham. Cunningham is the author who popularized Eclectic Wicca, and his work remains some of the best on the subject. Wicca is an introduction to solitary Eclectic Wicca, while Living Wicca is a guide for creating your own personalized Wiccan practice.
Resources:
Wicca For Beginners by Thea Sabin
Wicca: A Guide for the Solitary Practitioner by Scott Cunningham
Living Wicca by Scott Cunningham
A Witches’ Bible by Janet and Stewart Farrar
The Study of Witchcraft by Deborah Lipp
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musicorgan79 · 4 years ago
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Emergency Situation Wills As Well As Same Day Wills.
5 Factors To Create A Will.
Content
The Risks Of Do It Yourself Wills & Inexpensive Online Will Creating Solutions.
Making Use Of A Will Creating Solution
Info Youll Require To Offer Your Solicitor.
Years Of Estate Experience.
Will Composing Services, Probate As Well As Estate Preparation.
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What's even more, if you choose to utilize a Will-writing service, attempt and locate one that belongs to The Institute of Expert Willwriters. This suggests they run with a code of method approved by the Trading Specification Institute Customer Codes Authorization Plan. trusted-willwriting.co.uk is a making a will aspley heath 's because Will composing is an uncontrolled method, without the same safeguards that lawyers as well as law practice, which undergo rigorous policies, deal.
Professional wills including trust funds or abroad residential or commercial property, or where you want tax obligation recommendations, are likely to set you back ₤ 500 upwards.
All Wills are created online then examined and verified by a team of lawful professionals.
In this article we take a look at the most effective online Will writing services in the UK.
Wills are kept in the client's very own virtual Lockbox giving simplicity of access to executors in the event of death.
There are situations when you certainly require to look for expert help for creating your will. These consist of if you have your very own business, have foreign investments or bank accounts or own building abroad, or if you have people who are economically depending on you however they aren't an instant family member. You must likewise think about obtaining independent monetary advice if you want to decrease the inheritance tax costs as well as concerns facing beneficiaries of your will. The regulation in England as well as Wales states that any person can compose a Will, implying that you or an expert Will author are completely able to do so. However, simply writing a Will does not indicate that it is legitimately legitimate, which could bring about complications and also unnecessary anxiety for enjoyed ones after you die. This is why we recommend choosing a lawyer or expert Will writer to create your Will.
The Risks Of Do It Yourself Wills & Low Cost Online Will Creating Services.
Under UK law you have a great deal of freedom to leave your estate to whoever you such as. However, you need to be aware that legitimately you have to supply sensible assistance to all people that are economically depending on you (eg spouse, youngsters etc.) and also anybody you maintained/supported monetarily. If you do not supply practical support, your Will can be challenged by an application to the High Court. Unfortunately, unlike lots of locations of financial services, Will creating is not a managed market.
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They are made together by a married couple and also are created to ensure that the remaining spouse inherits the sum of the deceased's assets. There are legal effects with a joint will in that it can not be changed when one partner has actually passed away. Which comes to be difficult if the making it through companion remarries and also intends to leave something to their brand-new partner. Many people assume fairly incorrectly that all their residential or commercial property and also cash will instantly pass to their spouse, but the reality is that if you do not make a will the legislation regards you to have 'died intestate'. This can be traumatic for your loved ones that might suffer monetary challenge as a result, at once when they the very least need it. This is why it is important to understand exactly how to create a will and its relevance.
Making Use Of A Will Creating Solution
If there are no living relatives acknowledged under these policies, the Crown obtains the lot. Many people are unaware that accountants, as well as solicitors, are able to aid customers formulate a will. It is necessary to pick an accounting professional that specialises in probate (the right to manage a departed individual's estate). Having a will can also help in reducing the amount of inheritance tax payable on the value of the residential or commercial property as well as money you leave. For more details on the current rates, review our blog site on inheritance tax. If you have step-children or kids from previous relationships, they can wind up receiving absolutely nothing. At Percy Hughes & Roberts Solicitors, we have a team of dedicated wills lawyers who prepare to aid you settle your question or issue associating with this location of the legislation as quickly and also efficiently as feasible.
The inheritance tax threshold is currently ₤ 325,000 for a private or up to ₤ 650,000 for a married couple or a pair in a civil collaboration. If your estate is worth greater than this when you pass away, estate tax (presently 40%), will have to be paid on the unwanted. When you provide specific presents, they are regarded to be devoid of tax obligation. That means if tax schedules on your estate, it is paid using the cash and also properties that you have actually not already distributed (your "recurring estate"). So you require to make certain that you do not mistakenly rob those closest to you by making also large gifts to lesser people. Your best alternative is to register to one of a variety of events, running throughout the year, where you can get a lawyer to prepare your will free of charge or at a lowered rate. Free Wills Month, which happens two times a year in March as well as October, enables lawyers in England, Wales and also Northern Ireland to offer those aged 55 and also over a simple will created or upgraded totally free.
Information Youll Need To Offer Your Solicitor.
While solicitors encourage specifying regarding certain things, being extremely details can also be damaging as a result of scenarios transforming. A single will is the best way to secure the estate of an individual whilst mirror wills are the ideal way to secure the estate of a pair. With both types, either you as a private or you and your companion have the ability to specify the family members as well as liked ones you would love to take advantage of your estate after your death. If you own your family members residence outright as well as your single companion or step-children aren't in line to instantly acquire your estate, they can shed their house. With a Will you could give a right to reside in the building or possibly hand down your share of the home to them. A lot of lawyers and also professional Will writers will use to save your Will for you.
At Heritage Wills & Estate Preparation, our team believe that writing something as vital as a Will should be an uncomplicated as well as gratifying experience. Heritage Wills & Estate Preparation make the process simple, offering you the assurance in understanding that your affairs are looked after. If you wish, you can begin writing your Will online, over the phone or face to face, whichever you prefer. The information you supply will then be used to compose the Will in accordance to your wishes. We offer a genuinely custom service, totally customized to your private requirements. Will composing has gotten raised value due to the fact that many individuals currently recognize exactly how troublesome it would be for their loved ones if they were to all of a sudden die. You need to think about estate planning, wills and also trust fund as early as possible to make certain that your loved ones are secured.
Years Of Estate Experience.
By making a Will with Williamsons, you can be assured that your concerns will be answered by a skilled Will author. At Williamsons we have years' of experience of composing Wills and carrying out estates. Kwil is an online service offering support in completing lawful forms in addition to details. The intestacy guidelines in a simplified form - Get the regulations Entitlement to the estate of a deceased person who was domiciled in England & Wales, and also that did not leave a legitimate will. This graph is not meant to be a definitive statement of the legislation covering every collection of scenarios, neither is it legal advice. Legal advice is required when there are circumstances and also problems for which clients need certain lawful answers/solutions. Instead, the federal government has actually set guidelines which mention that has formal authority to act on the management of your estate.
You should additionally name individuals you desire to designate as 'administrators' of your Will. Administrators are individuals that will be in charge of carrying out your dreams and also for figuring out your estate when you pass away. They will require to gather all the assets of the estate, manage all the documents and pay any financial obligations, taxes, funeral expenses and also management expenses out of cash in the estate. They will after that be in charge of transferring any kind of legacies to the beneficiaries named in your Will. Among themain reasons to utilize a lawyer when writing a willis to pre-empt estate tax prices. For estates worth over ₤ 325,000, you will pay 40% in inheritance tax. If you do not leave a will, the inheritance tax is most likely to be higher because of the regulations of intestacy.
You might be asked to think about leaving some money in your will to among the getting involved charities, however there is no commitment. There is likewise Will Aid, which occurs in November, and also Will Relief Scotland in September; these both deal will composing with a volunteer contribution to charity. Intestacy regulations comply with a straight framework whereby partners or civil partners are considered the primary beneficiaries, followed by any organic or lawfully taken on kids or grandkids. access the trusted-willwriting.co.uk making a will shropshire here does not identify the more than three million cohabiting couples in the UK, regardless of the length of time they have actually been together. This can cause untold issues, with the making it through partner possibly losing their residence or not having adequate cash to increase any youngsters.
Gowing Legislation is law office based in Manchester however use their lawful solutions across the country. We are experts in the accident cases and also our group of lawyers have the experience and also experience required to manage your case and also assist you with the cases process. Furthermore, if you have youngsters under 18, you can also make stipulation for them in your will, such as that will be their guardian and also that will care for their monetary concerns. The above listing is a brief summary of the sort of inquiries we respond to on a daily basis.
The federal government policies likewise specify that will receive/inherit. It is unlikely this will match your very own thoughts and also it commonly leads to adverse tax obligation effects, heartache, as well as lost time as well as money. A partner might not receive anything, a home could be divided, kids receive at the age of 18 as well as various other dreams might not be complied with. You can utilize a lawyer, write the Will yourself or use a Will creating service.
You should utilize a lawyer if you're most likely to pay Estate tax or you have complicated family circumstances. Although a well-prepared Will should cover the 'what ifs', many people forget that a Will ought to show your desires at any type of offered time.
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throneofglassimagines · 6 years ago
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Dorian Havilliard - Arranged
**A/N you are y/n Ashryver, younger sister of Crown Prince Galan Ahryver
You were less than thrilled about your current situation.  You had just arrived at the Glass Castle in Rifthold to meet your new fiancé, Crown Prince Dorian Havilliard.  You were escorted to your rooms immediately upon arrival to change for dinner, where you would meet him for the first time.
Servants quickly dressed you in a sapphire blue ballgown, and you spent a moment admiring yourself in the mirror.  Though you weren't excited to be in Adarlan, they did have beautiful clothes.  You'd have to pick some up before you went home.
You were planning on going home.  Perhaps not to your family, not to the luxurious life you'd grown so used to, but still back to Wendlyn.  You didn't want to marry a stranger, and your father knew this.  He'd told you over and over again, you would never be traded for peace or gold, or anything in between.  
Your head servant led you through the lavish halls of your father's castle, into his majestic throne room.  There he sat, atop his golden throne, Galan at his side.
A smile spread across your lips.  You hardly ever saw your brother anymore, so it was always a treat when he returned from an adventure.  "Father," you said, bowing low to your father.  "Brother," you added once you were upright, offering Galan a pearly white smile.
"Sister," Galan said, though he did not smile back at you.
"Galan has returned from a trip to Adarlan," your father said.  "They have something we need, desperately.  And apparently, we have something they want."
You brushed your hair out of your face, unsure of what else to do.  Normally, you were never involved in politics.  It must be important if they brought you in on it.  "What do they want?"
There was silence for a moment.  So filling, so complete, you could have sworn you heard your own heartbeat ringing in your ears.  
"Their Crown Prince is growing older, and has no signs for choosing a bride," your father said to break the silence, "and they want to make sure that if they give us what we want, we will not betray them."
You got a sinking feeling in your stomach at the word bride.  "Father, you promised," you said.  Your heart began pounding in your chest, your face twisting into a snarl as you realized what he was talking about.  "You're a liar!" you yelled.  A servant tried to grab your arm to calm you down, but you pushed them away.  "How on earth are you expected to be loyal in an alliance when you cannot even keep a simple promise to your daughter?"
Your father's face became red as he looked down at you.  "This was not some simple promise, girl.  You asked me to step away from one of my duties as King, and I said I would try.  I never made any promises, and I will have no more of your foolishness.  You're leaving for Adarlan tomorrow."  He stood up and descended the stairs that led to his throne, but did not step towards you.  "That is final.  I may be your father, but I am also your King."
A light knock on the door startled you, and you turned to see a man standing in your doorway.  His brown hair was neatly combed out of his face, and he was dressed in a uniform similar to that of the guards that escorted you upon your arrival.
"You're y/n?" the man asked you.  You knew that he already knew the answer.  It was not a question, but a statement posed as a question for formality.
You nodded, swallowing your fear of the beautifully menacing man.  "Yes.  Are you-"
"No," he said, cutting you off.  "I'm Chaol Westfall, Captain of the Royal Guard.  I'm here to escort you to your dinner."
Part of you was disappointed, but yet part of you was relieved.  You hadn't yet prepared yourself to meet Dorian.  "I'll just be a moment," you said as you turned back to your mirror.  You took a deep breath and stepped closer to it, looking into your own eyes.
You can do this, you told yourself.  You took one more deep breath before turning around and facing Chaol.  "I'm ready now."  You held out your arm for him to take, but once he saw it he shook his head.
"I shall not touch my friend's woman," he said plainly.
You were baffled.  He talked about you as if you were an object.  You hummed in annoyance and rolled your eyes as he motioned  to the doorway.  
"After you, Princess," he said.  Once you steppped passed him into the hall, he closed the door to your rooms.  He led you through the many stone halls, and you looked around as you walked.
"Why am I not in the Glass Castle?" you asked him.
He didn't turn to you when he answered.  "Because Dorian prefers to live in the stone portion, so you will as well."
You hated everything about this.  You had lost control of your entire life - you didn't even get to choose your gown for dinner.  Though they had chosen a beautiful one, you wished you had options.  You didn't get to choose your rooms, your gown, most likely not your dinner, and most infuriatingly of all, your husband.
Chaol opened a large wooden door for you, and it led into a large room the size of the biggest ballroom back at your Castle in Wendlyn.  He escorted you through the door and through the many tables, filled with Lords and Ladies whom you couldn't recognize if your life depended on it.  Finally you arrived at a secluded table, and Chaol pulled out your seat for you.
"The Havilliards will be here momentarily," he said once you were seated.  "In the meantime, is there anything I can get for you?"
You looked up at him.  "A way out of this?" you asked, only half-joking.
He opened his mouth to respond, but his voice was replaced with another.
"Chaol," a smooth voice said, and a young man approached.  You caught his eye for a second, and your heart began beating rapidly once you noticed their color.
Sapphire.
You looked down at your dress, and suddenly you hated it.  The aura of confidence and authority around that man, there was no mistaking who he was.  This was Dorian Havilliard.  Your dress was chosen to match his eyes, and you wanted nothing more than to tear it off your body and stomp it on the ground.
Dorian turned and looked at you, and he smiled.  Though you would admit that he was a very handsome man, you wanted nothing more than to turn and run away.  "You must be y/n," he said.  He approached you and gently took your hand in his, placing a light kiss on your knuckles before releasing it.  "I'm Dorian Havilliard, Crown Prince."
You tried your hardest to swallow down your disgust.  "N-Nice to meet you," you said.  You almost cried when he pulled out the chair beside you and sat down.
"I hope your travels from Wendlyn were smooth and easy, this whole thing was arranged rather quickly."
You looked down at your hands.  "More like deranged," you said quietly to yourself.
Dorian let out a sigh, and you looked back up at him.  "Look, y/n, I'm not too excited about this either.  But we don't have much choice in this, it's for the good of our kingdoms.  So please, can we just be civil?"
Civil.  Civil?  This was the man you were being forced to spend the rest of your life with, and all he wanted was civil?  You didn't want civil, you wanted love.  
"y/n," another voice said, and you turned to see another man approaching.  You could tel just by his appearance that he was the King.  He gave you a small smile before sitting down across from Dorian at the table.  "How was your journey?"
You met the King's eye, and you internally recoiled in fear.  The hardness in his dark eyes was menacing.  You didn't want to get on his bad side, no matter how much you already hated him.  "It went very well," you said, in the most polite tone you could manage.  
"That's good to hear."  
You turned to Dorian, and gave him an obviously fake smile.  "So Dorian, tell me.  What made you decide to partake in this arrangement?"
Dorian only gave you a side-glance.  "My parents," he said plainly.
Perhaps you could anger him enough to convince thee King to let you out of this.  If you made him dislike you, maybe he could talk his parents into calling off the engagement.  "Me too," you sighed.  "I always dreamed of this big, fancy wedding that I got to plan and design, with the man of my dreams."  You looked Dorian up and down, then shook your head before turning your attention to your empty plate.
"Well big and fancy is guaranteed," Dorian said.
You chuckled and gave him a side-look.  "Fancy, yes I'll expect.  But big...?"  You looked at him and smirked, and his face blushed red slightly.  "We'll have to see about that."  Or not.
Another chair was pulled out, and you turned to see a woman sitting down beside the King.  Presumably, this was Queen Georgina.  "Are the kids getting along well?" she asked.
"Well enough," Dorian said, and his mother scoffed at him.
"Dorian!  Be polite!" she chided.  
Dorian turned to you and gave a fake smile.  "Did you have another suitor lined up at home?  Perhaps four or five of them, just waiting their turn?"
Your eyes widened, and you stood up.  "Do not insinuate that I am a whore, Havilliard!"
"y/n!" Queen Georgina said, baffled.  
"Have a servant bring my dinner to my rooms," you said.  You picked up the skirts of your dress and walked out of the dining hall, and you could feel every pair of eyes watching you.  Tears slid down your face as you wandered the Castle halls, trying to remember the way back to your rooms.  
After what felt like hours, you finally stopped and asked for help.  You were guided back to your rooms and changed into a nightgown before finally, you laid down on the bed.
You looked out the window, up at the dark night sky.  "You will pay for this, Father," you said to yourself.
And you intended to follow through.
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ask-de-writer · 6 years ago
Text
GONE TO SEA : World of Sea : Science Fiction : Part 18
GONE TO SEA
by
De Writer (Glen Ten-Eyck)
WORK IN PROGRESS (Word count unknown at this time)
copyright 2018
Writing started 2005
All rights reserved.
Reproduction in any form, physical, electronic or digital is prohibited without the express consent of the author.
//////////////
Copyright fair use rules for Tumblr users
Users of Tumblr.com are specifically granted the following rights.  They may reblog the story provided that all author and copyright information remains intact.  They may use the characters or original characters in my settings for fan fiction, fan art works, cosplay, or fan musical compositions. All sorts of fan art, cosplay, music or fiction is actively encouraged.
///////////////////////
Members of the Executive Council sat dour faced as they leafed through copies of the thick report.  Mister Sanch raised his glare to Pele, sitting in the Witness chair.  He snarled, “Why have you taken so long to let us know of all of these things that your school has been doing!?”
Pele shot back, “If you want a real answer, Sir, YOU and most of the rest of this Council ARE the reason!  I expected that stupid question and I have the FULL answer HERE!”
She pulled a fairly thick file of her own out of a brief case made, like her clothing and even the comb holding her hairdo, out of materials from Sea.
She stepped across the space between her chair and the Council's table and slapped the file down. On the table in front of him.  Hard.
“This is a detail of the times that I or Mister Mackle of Maintenance and Recycle have tried to tell you nose-in-the-air fools about our materials, our fibers, our SHIP designs and our foodstuffs!  We made OVER a thousand attempts to let you know what we have found and are doing!  You turned a deaf ear and a blind eye to what CHILDREN have done and still are accomplishing!
“It took our Bake Sale and Mister Hored's complaint, which we have PROVED to be false, to get your attention.  Now you want to sweep YOUR NEGLIGENCE under a carpet and blame us!”
Small Pele, leaning on both hands, glaring back across the Council Table with fire in her eye, taking the Council to task, made too good a picture for even the most hostile reporter to ignore.
It only got better when Mister Torres stuck an oar into the fray. “Mister Sanch, I personally have attempted to bring the Dock C School's accomplishments to the attention of this Council.  The idea that their boats can and do sail up wind was dismissed by you as a mere fluke.  
“Some fluke.  Maintenance has equipped all of their workboats with sails that were copied from the ones that the children designed.  They have saved both fuel and wear and tear on hard to replace metal motors.
“The notion that the school children have produced large quantities of nutritionally superior food from local sources was brushed off.  You dismissed it with the statement that they can't do it without station resources for Lysine, Thymine and vitamin C.  That is true, as far as it goes.
“It falls flat on its face.  The Dock C School could feed this entire station except for those three items which the facilities of the station can easily produce.  We can synthesize them or grow them without problems.  They have totally broken the food production bottleneck.
“Astoundingly, you are angry about it.  I know why too.  Your brother is working very hard in the Bio-safety and Nutritional Analysis labs to do the same thing.  And very bright children with a brilliantly unorthodox teacher did it first.
“Does Pele take credit for the success?  Only to the extent of providing them with guidance and critique.  Their discoveries?  Look in the report.  Credits.  For the kids.
“I suggest that we end this foolishness.  Thank Pele and her students, and begin to talk licensing.”
/////////////////////////
Alongside Dock C, the large center section of the New Dawn was floating.  The nearly sunken fourteen meter hull was being mated to it.  Big winches on the hull were drawing cables from the ends of the huge mounting trunion pins on the center section into mating sockets built into the hull.  With all lined up properly, the final pulls began.
It only took the school's children and the adult education students working together, about twenty minutes to get the pins set full depth into their sockets.
Parts made of stout cables made from many ropes twisted together were carried over to the hull by work boats.  Nobody on Dock C could see what was being done with the parts except that they were apparently threaded through the holes in the trunions where the pulling cables had been.  Students could be seen using heavy mauls to drive wedges in to tighten the cables.
When the cables that held the parts together were tightened to the satisfaction of Pele, she ordered, “Pump crews, get us 30 centimeters of freeboard on the hull!”
Taking a small boat, she returned to the floating dock.  There, she began directing the freeing of the large, twenty meter main hull from its storage place underneath Dock C.
A student called out, “Saboteur!  Stop!  Catch that man in the yellow shirt!  He was cutting cables with a knife!”
The man darted away and threw the knife into the water!  A girl from the school dove in after it.  
As time passed the minute mark, a reporter who was covering the work, announced, “Tragedy at the Dock C school!  A student who dove into the water for no obvious reason has drowned!”
Just as he was starting to speak of school irresponsibility, the girl surfaced, triumphantly holding the knife by its blade.  
She called out, “We have his fingerprints on the handle!”  She swam to a dock ladder in a leisurely way and swarmed up to the dock surface.  A station policeman collected the knife as evidence.
Pele inspected the damaged cable and requested, “What would you do, Mark?”
The student examined the situation and replied, “We can still splice up the damage.  We will need two number four fids and splicing twine. Better get two spools of it to be on the safe side.”
“Right, Mark.  Get your help and equipment.”  Pele turned her attention to other aspects of the work underway.  The reporter self importantly barged in on the repair the students were doing, saying, “How can you children possibly fix something this important?”
Mark, looked up from forcing his fid into the cable strands to get the repair splicing line in and asked, “Aren't you tired of bungling everything that you report?  
“First you said that the ship is sitting so low in the water because we will have to paddle it, which was not only wrong, the reasons for what we are doing were in the handout that we gave to you.  Then, when Cora dove after the knife, you said that she had drowned after only a minute.  She routinely dives for up to three minutes.  You would have known that if you had asked anyone here.
“As for this cable, it should be obvious to any person who can think.  We made this cable.  We do know how to fix it.  What we do not know is how to get you to act like an intelligent, responsible adult and civilized person.”
Mark turned his back on the dumbfounded reporter and went back to the complex task of repair to a cable under tension.
Pele came up to the reporter and handed him a note.  “This is a copy of our formal, written request to your superiors that you be barred from the entire property of the Dock C School.  Inquiry with Station Security has revealed that you personally told the policeman guarding the entry ramp that the saboteur was with you.  
“He is a worker in the boat yard and the entire boat yard staff has been formally banned from the school by executive order, as, it happens you already are.  You used the pretext of being a representative of the Station News Net to gain entry to the School's property.
“You were proved to be part of the false petition forcing early testing of our students.  You personally were involved in recruiting the “mob” to wreck the School while the students were away being tested.
“Besides that, your misconduct and improper, prejudicial reporting has materially interfered with our work here.”
A station policeman took the reporter by the arm and escorted him from the dock.
TO BE CONTINUED
<==PREVIOUS   NEXT==>
Return to the Master Story Index
Return to World of Sea
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orbemnews · 4 years ago
Link
Virginia police chief calls controversial traffic stop of US Army officer 'a teaching moment' Windsor Police Chief R.D. Riddle told reporters Wednesday that an internal investigation into the police encounter was launched three days after the traffic stop. Without elaborating, Riddle said disciplinary action was taken after the investigation was completed in late January. Riddle said body camera video of the incident was released to Lt. Nazario’s attorney in December. The chief called the handling of the traffic stop “a teaching moment” for his seven officer department. Though the two officers de-escalated their use of force by switching from their weapons to Tasers and eventually pepper spray, Riddle said they missed opportunities to verbally defuse the situation. Asked about Nazario’s actions, the chief said: “Lt. Nazario took certain actions that created where we got to.” “At the end of the day I’m glad that nobody got hurt. That situation ended in the best way it could have. I wish he would have complied a whole lot earlier,” Riddle said of the Army officer. Nazario, who is Black and Latino, has filed a lawsuit seeking $1 million in compensatory damages, claiming the two officers violated his rights guaranteed under the First and Fourth Amendments. The suit, filed in US District Court and first reported last week by the Virginian-Pilot, claims the officers used excessive force during the stop. “The statements from the Police Chief of Windsor today demonstrate the systemic policing issues that generate civil rights violations across the country,” Nazario’s attorney Jonathan Arthur said Wednesday in a statement. “The Chief continues a false narrative and victim-blaming. He claims Second Lieutenant Nazario did not comply. The video shows otherwise.” Arthur noted that Nazario did in fact get hurt — by the pepper spray and his treatment by the police. One of the officers has been fired On Sunday, Town Manager William Saunders confirmed that one of the officers, Joe Gutierrez, had been fired following a use-of-force investigation. The other officer, Daniel Crocker, is still on the job. Riddle said Gutierrez’s use of the phrase “ride the lightning” in reference to the Taser during the incident was “inappropriate and created unnecessary fear.” “I lost faith in his ability to continue to serve the community to the standards that we expected him to,” the chief said of Gutierrez. “I personally felt that there was no way he could effectively serve our community anymore.” CNN has tried unsuccessfully to reach Gutierrez and Crocker for comment. It’s unclear if they have legal representation. Riddle said both Gutierrez and Crocker had come to the Windsor Police Department within the last year. Gutierrez was “an experienced officer” and was serving as a field training officer to Crocker, who had recently graduated from the police academy, according to the chief. Riddle said he believes, from watching video of the encounter, that Crocker made “an effort to de-escalate that situation verbally.” He said he has known Crocker since the officer was 14. “He’s a lifelong resident of the town of Windsor,” he said of Crocker. “He wants to serve his community and there is little to no doubt in my mind that with some additional training and a few more years under his belt, he will continue to serve his community well.” Saunders said the town council expressed “full support” for Riddle after a closed-door meeting on Tuesday night. “As do I,” Saunders said. Virginia AG launches investigation Virginia Attorney General Mark Herring said Monday his office is looking into whether there was a “pattern of misconduct” at the Windsor Police Department. Herring formally requested information from the police department, saying he was “deeply concerned” about a traffic stop in which the officers conducted themselves in a manner the attorney general called “dangerous, unnecessary, unacceptable and avoidable.” Herring told CNN Monday night the officers’ actions were “appalling.” “And people of color continue to experience brutality and being pepper-sprayed, even killed at the hands of law enforcement, and it’s got to stop,” he said. “One of the things I am looking into is whether there might have been a pattern of misconduct — of police misconduct, either by these officers specifically or more broadly within the department.” Herring’s civil rights office has requested any records or other documentation the Windsor Police Department has created regarding the encounter with the officers on December 5, 2020; personnel records for the two involved WPD officers; WPD policies related to use of force, traffic stops, de-escalation and engaging with members of the public; and complaints received by the WPD related to use of force for the last 10 years. “Under no reasonable use of force policies that I could say any of this conduct be permissible,” Herring said. News of the police encounter comes as demonstrators call for justice in the fatal shooting of Daunte Wright in Minnesota by a police officer during a traffic stop and amid the trial of Derek Chauvin, a former Minneapolis police officer charged in the death of George Floyd Arthur said that Nazario had good reason to fear for his life. Guns were drawn when police approached his car, and officers gave him conflicting demands, he said. In body camera footage, Gutierrez is heard telling Nazario he was “fixin’ to ride the lightning, son,” which the lawsuit describes as a “colloquial expression for an execution,” particularly in reference to the electric chair. The officers pepper sprayed and pushed Nazario to the ground during the traffic stop — initiated because the police officers believed the Army officer was missing a license plate on his new SUV, according to the lawsuit. “You do everything right, you slow down, you submit to the authority of law enforcement, you do the right thing, you wait until a well-lit place to pull over you’re on a dark road — you don’t want anybody to get hurt — and then the officers turn around and repay your courtesy with this,” Arthur said. CNN’s Madeline Holcombe, Dakin Andone, Chris Boyette, Anjali Huynh, Hollie Silverman, Elizabeth Joseph, Gregory Clary and Rebekah Riess contributed to this report. Source link Orbem News #Army #Calls #CaronNazariopolicestop:Windsorpolicechiefcallsencounter'ateachingmoment'-CNN #chief #Controversial #Moment #Officer #Police #Stop #teaching #Traffic #us #Virginia
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dipulb3 · 4 years ago
Text
Virginia police chief calls controversial traffic stop of US Army officer 'a teaching moment'
New Post has been published on https://appradab.com/virginia-police-chief-calls-controversial-traffic-stop-of-us-army-officer-a-teaching-moment/
Virginia police chief calls controversial traffic stop of US Army officer 'a teaching moment'
Windsor Police Chief R.D. Riddle told reporters Wednesday that an internal investigation into the police encounter was launched three days after the traffic stop. Without elaborating, Riddle said disciplinary action was taken after the investigation was completed in late January. Riddle said body camera video of the incident was released to Lt. Nazario’s attorney in December.
The chief called the handling of the traffic stop “a teaching moment” for his seven officer department. Though the two officers de-escalated their use of force by switching from their weapons to Tasers and eventually pepper spray, Riddle said they missed opportunities to verbally defuse the situation.
Asked about Nazario’s actions, the chief said: “Lt. Nazario took certain actions that created where we got to.”
“At the end of the day I’m glad that nobody got hurt. That situation ended in the best way it could have. I wish he would have complied a whole lot earlier,” Riddle said of the Army officer.
Nazario, who is Black and Latino, has filed a lawsuit seeking $1 million in compensatory damages, claiming the two officers violated his rights guaranteed under the First and Fourth Amendments. The suit, filed in US District Court and first reported last week by the Virginian-Pilot, claims the officers used excessive force during the stop.
“The statements from the Police Chief of Windsor today demonstrate the systemic policing issues that generate civil rights violations across the country,” Nazario’s attorney Jonathan Arthur said Wednesday in a statement. “The Chief continues a false narrative and victim-blaming. He claims Second Lieutenant Nazario did not comply. The video shows otherwise.”
Arthur noted that Nazario did in fact get hurt — by the pepper spray and his treatment by the police.
One of the officers has been fired
On Sunday, Town Manager William Saunders confirmed that one of the officers, Joe Gutierrez, had been fired following a use-of-force investigation. The other officer, Daniel Crocker, is still on the job.
Riddle said Gutierrez’s use of the phrase “ride the lightning” in reference to the Taser during the incident was “inappropriate and created unnecessary fear.”
“I lost faith in his ability to continue to serve the community to the standards that we expected him to,” the chief said of Gutierrez. “I personally felt that there was no way he could effectively serve our community anymore.”
Appradab has tried unsuccessfully to reach Gutierrez and Crocker for comment. It’s unclear if they have legal representation.
Riddle said both Gutierrez and Crocker had come to the Windsor Police Department within the last year. Gutierrez was “an experienced officer” and was serving as a field training officer to Crocker, who had recently graduated from the police academy, according to the chief.
Riddle said he believes, from watching video of the encounter, that Crocker made “an effort to de-escalate that situation verbally.” He said he has known Crocker since the officer was 14.
“He’s a lifelong resident of the town of Windsor,” he said of Crocker. “He wants to serve his community and there is little to no doubt in my mind that with some additional training and a few more years under his belt, he will continue to serve his community well.”
Saunders said the town council expressed “full support” for Riddle after a closed-door meeting on Tuesday night. “As do I,” Saunders said.
Virginia AG launches investigation
Virginia Attorney General Mark Herring said Monday his office is looking into whether there was a “pattern of misconduct” at the Windsor Police Department.
Herring formally requested information from the police department, saying he was “deeply concerned” about a traffic stop in which the officers conducted themselves in a manner the attorney general called “dangerous, unnecessary, unacceptable and avoidable.”
Herring told Appradab Monday night the officers’ actions were “appalling.”
“And people of color continue to experience brutality and being pepper-sprayed, even killed at the hands of law enforcement, and it’s got to stop,” he said.
“One of the things I am looking into is whether there might have been a pattern of misconduct — of police misconduct, either by these officers specifically or more broadly within the department.”
Herring’s civil rights office has requested any records or other documentation the Windsor Police Department has created regarding the encounter with the officers on December 5, 2020; personnel records for the two involved WPD officers; WPD policies related to use of force, traffic stops, de-escalation and engaging with members of the public; and complaints received by the WPD related to use of force for the last 10 years.
“Under no reasonable use of force policies that I could say any of this conduct be permissible,” Herring said.
News of the police encounter comes as demonstrators call for justice in the fatal shooting of Daunte Wright in Minnesota by a police officer during a traffic stop and amid the trial of Derek Chauvin, a former Minneapolis police officer charged in the death of George Floyd
Arthur said that Nazario had good reason to fear for his life. Guns were drawn when police approached his car, and officers gave him conflicting demands, he said. In body camera footage, Gutierrez is heard telling Nazario he was “fixin’ to ride the lightning, son,” which the lawsuit describes as a “colloquial expression for an execution,” particularly in reference to the electric chair.
The officers pepper sprayed and pushed Nazario to the ground during the traffic stop — initiated because the police officers believed the Army officer was missing a license plate on his new SUV, according to the lawsuit.
“You do everything right, you slow down, you submit to the authority of law enforcement, you do the right thing, you wait until a well-lit place to pull over you’re on a dark road — you don’t want anybody to get hurt — and then the officers turn around and repay your courtesy with this,” Arthur said.
Appradab’s Madeline Holcombe, Dakin Andone, Chris Boyette, Anjali Huynh, Hollie Silverman, Elizabeth Joseph, Gregory Clary and Rebekah Riess contributed to this report.
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spaceshiptosolace · 7 years ago
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Pink Diamond’s Zoo
Hey y’all, I’m finally getting around to posting my analysis of Pink Diamond’s Zoo.  In a brief overview, we first hear of this place through Garnet and Pearl:
“During her reign on Earth, Pink Diamond stole humans from their families as trophies of her conquest.”
“Oh no. It was very serious. When I still served... Homeworld, I saw it myself. A private menagerie deep in space. Humans in captivity.”
Sounds pretty unpleasant, right?  But, then we see this:
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So, these humans are definitely in captivity, but they don’t appear to be suffering or punished.
“They've never been anywhere else. They love it here. I mean, look at this place. Can you blame them? They've got everything they need, and they never have to worry about a thing.”
In fact, they appeared to be enjoying themselves, that is, until Greg protested “the Choosening”.
Although the Zoo’s relevance seemed constrained to the arc (Steven’s Dream through That Will Be All), fans have cited this particular facility as a testament to Pink’s intent, namely, her goodwill toward humanity and the Earth.  But is that accurate?  I argue that it’s ambiguous, at best, and this post will address and counter various aspects of the Zoo that people believe support the notion that Pink Diamond was sympathetic toward Earth and its species.
The Zooman Life
Life as a Zooman is quite simple: eat, bathe, rest, play, etc.  As Greg pointed out, the Zoomans are [almost] always happy since they don’t have to worry about problems like their Earth-based counterparts.  Look at this exchange between J-10, Y-6, and Steven:
J: “There is a story of an opening wall. A very long time ago, a Gem came through a wall hole to help someone who was hurt.” Y: “What do you mean hurt?” J: “I don't know. I don't know what hurt is.” S: “I know what hurt is!” Y & J: “You do?”
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The Zoomans live such a pampered life that they don’t know what the words “hurt” or even “bad” mean.  These painstaking efforts are often considered an act of benevolence on PD’s part, to which the logical conclusion is that PD must have had sympathy toward the Zoomans, and attempted to preserve humanity as she was forced to ravage their planet.  What the former premise fails to consider is this line Holly Blue Agate said during Gem Heist:
“Apparently, humans don't take well to captivity, but once you understand their needs, they're easy to control.”
In other words, there was a point in the Zoo’s history where the humans were not so keen to be there.  Remember, we’re seeing descendants five thousand years or more after establishment.  Her statement also provides motivations for PD’s “generosity”: keep the humans needs satisfied, and then they won’t revolt.  Speaking of revolts, I thought I might remind everyone that the rookie Diamond was in the midst of a rebellion of unprecedented scale, started by one of her very own subjects.  Perhaps the Rebellion is part of her motivation to keep humans; at least they were easier to manage than Gems!  I’d also like to address word choice here.  All characters, Gem or human, refer to the place as a zoo, rather than a sanctuary or preserve.  The terms might seem interchangeable, but the former has a history of grandeur and amusement, whereas the latter two terms suggest a place meant to rehabilitate species or population(s), i.e., a zoo is created to benefit the curator, while a sanctuary or a preserve is to benefit the “captive”.
It’s a Small World
No really, it is.  Sure, the actual spacecraft is quite large, and by extension, so might the human enclosure, but I’m not referring to total area.  Rather, I’m talking about the organic inhabitants of the Zoo.  I can count on my fingers how many different plants and animals existed: one.  And yes, I’m referring to the Zoomans.
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Clearly, there aren’t any animals other than humans.  You might be tempted to point out the plant variety, but the reality of the situation is that the “plants” are nothing of short of genetically modified, and given their ability to fruit on command, they are probably synthetic.  From a practical perspective, it makes sense that PD would introduce such plant life: to produce fruit at regular intervals and prevent her human specimens from going hungry.  Considering the Zooman diet consists solely (as far as we’ve witnessed) of fruit, which by the way changes on a daily basis according to Y-6, it must contain all the dietary requirements for adult human sustenance.  If this cultivar was bred in the real world, the proprietor would make billions from the “miracle fruit”, as it does not exist in nature.  Additionally, there are unlikely to be any microbes or pathogens that would otherwise cause illness in the Zoomans, suggesting a highly sterile environment.  Basically, PD’s Zoo environment was engineered specifically for humans, who are only one of a myriad of Earth’s organic species.  While it may support her “compassion” toward humanity, it speaks nothing of her compassion toward organic species as a whole, and how anyone can arrive at that conclusion is perplexing.
Sentience and Sapience
These terms are often used interchangeably, but they technically refer to two different concepts: the former refers to feeling and sensation, whereas the latter refers to wisdom, or rational thought.  The modern human species is called Homo sapiens sapiens, which speaks volumes to how scientists view humanity in comparison to other Earth species.  But Gems?  They don’t seem to recognize human ability and intelligence.
“I'm surprised that a human being is capable of understanding how I feel.”
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The encounter between Greg and Blue Diamond is purported to be a lot of things, which again overlook microagressions and subtle social cues/perceptions that provide insight on the Diamonds and Gemkind as a whole.  First of all, Blue Diamond’s realization is a plain as day backhanded compliment: I’m surprised that you, a human, are capable of complex feelings and rational thought.  I don’t know about you, but that’s not my first choice of a pickup line.  As I mentioned earlier, it’s obvious to us, the human audience, that humans are capable of understanding loss and grief, but not to Gems.  How is it that Blue Diamond, who was very close to the Diamond who curated the Zoo, doesn’t know what humanity is capable of?  Humans have been in Gem captivity for millennia, and at least centuries under Pink’s supervision, yet in that time Blue never discovered or learned such a thing?  You’d think Pink would have told her, and would’ve appreciated humans for their greater mental capacity, yet nothing suggests that Pink was even aware of it.  The needs Pink satisfied by her zoo were carnal, or as Abraham Maslow referred to them: B-needs, basic needs for survival.  These are the needs we have in common with virtually every other animal species for that matter, though we may have been more receptive to training and communication due to language.  Still, Pink’s Zoo fails to address other aspects of humanity, such as the sapience required to make decisions.  The Zoomans don’t decide when to eat, despite having both a hormonal system that triggers the hunger response and the prefrontal cortex to decide when and what to eat.  On a higher level, we can decide who we chose to mate with, for life or otherwise, and this is the feature Greg was far less receptive to.
“My mom and dad didn't get together because someone told them to. They spent time getting to know one another and fell in love. They choosened each other 'cause that's what they choosed.”
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It also marks the time the Zoomans discover “hurt”, and can barely handle it.  I’m sure a lot of people would prefer to live without ever having negative emotions or experiences, but it’s also a fundamental part of learning.  
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Do you need a “Little Voice” telling you how to live every minute your life, or are you capable of learning how to care for yourself?
Ascribed or Achieved?
The concept of learning complex behaviors and decision-making can be applied to differences in Gem Society and most modern human civilizations.  Whereas Gem Society is rigid and utilitarian, humans have more flexibility in what they can chose to “do” or “be”, without becoming pariahs.  When a Gem emerges from the ground, she already knows who she “is” and for the most part what she “does”.  Humans, by contrast, are a blank slate, and can fulfill different roles in society based on what skills they have acquired through learning. Being a “blank slate” means that I can obtain skills and knowledge required for different roles that our Gem counterparts are otherwise limited by.  Pearl wanted to be free of her servitude, but still followed and depended heavily Rose as an eager disciple, and this dependency has spread to her relationship with Garnet.  Although Bismuth no longer erected temples and spires for Homeworld, she was still crafting.  
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“When a Gem is made, it's for a reason. They burst out of the ground already knowing what they're supposed to be, and then... that's what they are. Forever. But you, you're supposed to change. You're never the same even moment to moment -- you're allowed and expected to invent who you are. What an incredible power -- the ability to "grow up."”
In Pink Diamond’s Zoo, humans have no “roles”, and they only “grow up” in the physical sense of the phrase.  Education isn’t a formal institution for Gems, and the only things they learn are xenophobia, how to worship the Great Diamond Authority, and refining the skills they were already “born with”.  This lack of education is applied to humans at the Zoo, who being born helpless and incompetent are seen as a far less competent species as a whole.  But that’s not an accurate assessment; the minds of humans at the Zoo are squandered, and hence deprived of their very humanity.
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Ultimately, Pink Diamond’s Zoo conflicted with Rose Quartz’s ideals.  Rose admired humanity’s ability to grow, adapt, and change, and the Zoo clearly hindered that aspect.  She also desired a similar fate for her fellow Gems, so that they may gain autonomy in their long lives.  Though the life of humans at the Zoo is not unpleasant, but it’s not enriching or fulfilling either.  Rose Quartz may not have understood humans as well as Greg would have hoped, but she did know them well enough to discover their potential.  When we consider the conditions and circumstances surrounding the Zoo, can we really say that Pink Diamond had a vested interest in protecting humanity, if in the centuries she kept them, she hadn’t made an effort to understand who they were?
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libertybelllawgroupca · 4 years ago
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Dealing With Sex Crime Along With Sexual Assault Situations
Being charged with or investigated for devoting a sex crime can leave you confused and unsure of what to do. You understand that the effects are life-altering: jail time, preconception, feasible job loss and also lifetime sex offense enrollment needs. As a result of society's interest for catching and penalizing individuals that are charged of sex offenses, the internet is spread out wide, as well as lots of people obtain captured in it. But just how do you resist? The deck might show up stacked against you.
Sex crime fees involving a professional as well as their ward is commonly referred to as an offense or misuse of a setting of depend on. These misuses normally materialize in regards to statutory rape, in which a pupil or person might submit against an individual trusted to look after them, although also sexual relationships with consent-giving adults may still threaten a person's professional abilities, either from permit elimination or blacklisting.
Those that get approved for the placement of trust fund misuses consist of several needed professions involved in the physical as well as psychological growth of youngsters. Probably one of one of the most commonly noted professions in this group includes those employed as teachers. Educators play a vital role in the growth of a youngster's mind, which can be right away endangered by unlawful as well as dishonest partnerships. Others captured in scandals involving sex in a setting of depend on consist of doctors, lawyers, politicians, or basic employers.
Although these occupations frequently are involved in short-term youngster protection issues, particularly medical professionals and also instructors, there are times when concerns entailing grownups occur, which bring about unsuitable sexual partnerships. If financial offers or issues of legal power come to be connected to sex, a person might lose their capacity to function within that field, whether outlawed by industry watchdogs or due to prominent mistrust. Very controlled and also taken care of occupations commonly offer solutions that may be attached to placements of count on.
Penalties levied versus those in a placement of count on condemned of other crimes may be increased to account for the added injury done to the person and also the industry. This can mean that existing statutory rape charges might carry optimal fines under the conditions or charges such as obtaining a prostitute may end with increased prison time or fines.
Being charged of a sex crime is among the scariest things that can occur to you. The factor for this is that sex crimes horrify culture as well as the public has urged that the criminal offenses be penalized suitably.
In the past one decade law-enforcement agencies have actually boosted their initiatives to track, capture, and control sex-related killers. While this has saved the lives of hundreds of sufferers, it has actually come at a price to ordinary citizens. Lots of people are being captured by overzealous authorities in their effort to catch sexual killers. The FBI lately launched information that claimed in the past ten years there has been a hundred percent rise in sentences and pretrial diversion.
Therefore, individuals are being charged with sex crime offenses and also being compelled to register as a sex offender for relatively minor events.
As an example, a college lady "mooned" a driver while on a main school trip. She pled guilty to a sex crime as well as needed to sign up as a sex culprit. This trick later on returned to haunt her because she was not able to obtain a job as an elementary school educator when she finished college as a direct result of the sex wrongdoer registration.
So if you have a sex crime fee versus you, you need to take it seriously. You require to hire a great criminal defense attorney right away.
ACCUSATIONS OF SEX CRIMES CANISTER AFFECT ALL ASPECTS OF YOUR LIFE
You have actually been charged-- not attempted or convicted-- and also we will certainly treat you with empathy as well as respect. As previous prosecutors with a wide range of experience dealing with both violation costs and felony offenses, we understand that criminal costs might emerge out of false or exaggerated claims, incorrect identity, and even an accuser's misdirected effort at vengeance.
The opportunities of being charged with a Net sex crime are almost everywhere. One growing example is the abuse or forget of a kid. This is a fee where district attorneys are stating that the accuseds have taken part in conduct that sexually manipulates a small. An additional common infraction lately is indecent exposure/indecent events or salacious works or photos because technology has actually allowed for much easier generation of products that are deemed prohibited under standard laws. Finally, accusations of salacious or indecent propositions to a kid under 16 are showing up an increasing number of usually. Often these raunchy or indecent proposals can come when there is no intent existing.
Your civil liberties
You have the right to have a legal representative existing with you throughout doubting. It is very simple for somebody to become confused in scenarios such as this. Any type of declaration that you make will be taped. This information can be made use of by the state versus you in a test or hearing. It is best to not make any type of kind of statement by yourself. It may be misinterpreted or misinterpreted.
The only way to be sure of your civil liberties is with a legal representative. It needs to be a legal representative that has experience and also training. This gives you the best opportunity to return to a typical life. There is excessive in jeopardy, here. Get the very best lawful depiction that you can.
What your legal representative can do for you
When you employ an attorney, you will obtain certain services. She or he will be with you every step of the means. When you go for a hearing, your legal representative will function to get you the most affordable bail quantity that is feasible. This suggests that you might not have to be in prison if there is a test. Tests can draw out for long periods of time. You can have your liberty, during that time, if you receive budget friendly bail.
Your attorney will certainly take a seat with you as well as establish your protection strategy. This might imply contacting witnesses and also getting declarations of character from people. Your alibi will be gone over and looked over. Your legal representative will certainly figure out if you need experienced statement or documents. Any other needs will certainly be attended to.
For more legal advice, you may call or visit our website https://www.libertybelllaw.com/sex-crime/.
California Rule Pertaining To Sex Crimes
The golden state has actually passed several challenging laws connected to non-consensual sexual activity. Some of one of the most severe sexual criminal offenses consist of:
- Rape
- Sex-related battery
- Dental copulation, sodomy or infiltration by a foreign item
An additional classification of sex crimes that has come to be far more common in the digital age are internet-based offenses. These can consist of:
- Dispersing hazardous material to minors
- Arranging a conference with a small for lewd objectives
- "Sexting" or trading raunchy pictures electronically in between an adult and also a minor
For grownups age 18 or older, any one of these crimes involving minors can bring about a felony charge with life-altering effects. As your attorney, Lara Yeretsian will defend the very best result for you as well as safeguard your due process legal rights.
The Lifelong Influence Of A Sex Crime Conviction
It is vital to collaborate with a defense lawyer who concentrates on sex crime charges to make certain that you have the best possible chance of obtaining a pardon. If you are convicted of a few of The golden state's more stringent sex offenses, you will certainly be dealing with:
- A prison sentence measured in years and also thousands of dollars in penalties
- A criminal record that might hinder approving a job or finding housing
- Court-ordered target restitution
- Summary probation, formal probation or parole
- Life time enrollment on the sexual culprits checklist kept by the state
The prosecution's case versus you is not always impermeable. Our company will certainly work with you to take a look at the conditions of your apprehension, look for mitigating elements, or seek options that protect your liberty and online reputation.
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daveliuz · 4 years ago
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saraseo · 4 years ago
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xtruss · 4 years ago
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Trump Scapegoats China and WHO—and Americans Will Suffer
The White House’s official narrative about the pandemic is contradicted by the facts—and creates new obstacles to stopping the virus.
Trump’s decision to punish others for his own failings is no surprise at this point in his presidency—and still completely reprehensible, writes Laurie Garrett.
— By Laurie Garrett | May30, 2020 | Foreign Policy
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President Donald Trump speaks during the daily briefing of the White House Coronavirus Task Force in the Rose Garden at the White House April 14, 2020 in Washington.
On Friday, President Donald Trump declared that the United States would be terminating its relationship with the World Health Organization (WHO). It was a decision both immoral and likely illegal. It also encapsulates the most questionable aspects of the president’s leadership style: his penchant to blame others for his mistakes, his refusal to share the global stage politely with other actors, his indulgence of blind self-interest, and his utter contempt of science.
Trump cited issues he formally raised on April 15 in a White House statement, in which he charged the Geneva-based United Nations agency with “mismanagement of the coronavirus pandemic” and claimed that “WHO repeatedly parroted the Chinese government’s claims that the coronavirus was not spreading between humans … [and] praised the Chinese government’s response throughout January.” Two weeks later, Trump ordered the U.S. intelligence community to formally investigate WHO and its relationship with China, amid allegations from Secretary of State Mike Pompeo that what he called “Wuhan virus” was either manufactured in or leaked from the Chinese city’s biosafety level 4 laboratory, equipped to handle the most dangerous pathogens. This claim, which Pompeo has repeated many times, had been largely rejected by the Office of the Director of National Intelligence, which said it “concurs with the wide scientific consensus that the COVID-19 virus was not manmade or genetically modified.”
Like a petulant child, Trump has repeatedly claimed that the deaths of more than 100,000 Americans to COVID-19 were somebody else’s fault: China or WHO. “We’re doing very serious investigations. … We are not happy with China,” Trump said during an April 27 White House news conference. “There are a lot of ways you can hold them accountable. … We believe it could have been stopped at the source. It could have been stopped quickly, and it wouldn’t have spread all over the world.” Three days later, Trump went deeper: “It’s a terrible thing that happened. Whether they made a mistake or whether it started off as a mistake and then they made another one, or did somebody do something on purpose,” China started the pandemic.
Top Republican leaders have told me that party polling consistently reveals that China-bashing is immensely popular among Trump supporters and that the “blame China” theme can help reelect the president in November, offsetting some of the disdain many Americans have for his handling of the country’s COVID-19 crisis. Recently published polls show party divides on these issues. For example, in a CBS News poll, 67 percent of Republicans said the new coronavirus was manmade, while only 30 percent of Democrats agreed. A Pew Research Center poll found that most Americans held negative views of the Chinese government and President Xi Jinping but Republican views were consistently more unfavorable. Another survey found 73 percent of Americans, from both parties, saying the Chinese government bears some responsibility for COVID-19 deaths in the United States.
Public opinion about WHO is more complicated. A Politico/Morning Consult poll in late May found 43 percent of Americans surveyed rating the agency’s performance poor or “just fair” versus 48 percent rating it good or excellent. Asked to assess the U.N. agency’s handling of the COVID-19 pandemic, 35 percent judged it insufficient, 40 percent thought it adequate, and 9 percent said WHO was doing “too much” to fight the virus.
That ambiguity hasn’t deterred the administration from targeting WHO. On May 18, at a virtual gathering of WHO’s World Health Assembly, U.S. Health and Human Services Secretary Alex Azar told representatives of 194 nations: “We must be frank about one of the primary reasons this outbreak spun out of control. There was a failure by this organization to obtain the information that the world needed, and that failure cost many lives.” Azar called for an independent review of WHO’s performance in the pandemic. Azar was followed by Chinese Health Minister Ma Xiaowei, who announced that China would give an additional $2 billion, above its annual dues, to WHO.
Xi told the same May gathering of the World Health Assembly that he would support an investigation of the early days of the Wuhan outbreak but not until the global crisis had calmed down worldwide. WHO Director-General Tedros Adhanom Ghebreyesus and his staff, for their part, have already delivered detailed accountings of the agency’s activities and statements in December and January. But some crucial context is needed to understand both the organization’s successes and failures. Under its 1948 constitution, WHO serves and deals with nation-states—not civil society, NGOs, private industry, or groups of physicians. Just as the U.S. Centers for Disease Control and Prevention rarely contradicts statements or data issued by any state, WHO cannot typically contradict a nation.
Chinese authorities most certainly did downplay the Wuhan epidemic in December and January, grossly understating case numbers in daily reports to WHO; insisting the virus was only spread from animals in a market, which they closed; and denying that human-to-human transmission of COVID-19 was possible. Physicians in Wuhan who tried to warn the medical world about the emergence of a SARS-like pneumonia virus were severely penalized, as were independent Chinese journalists. One key doctor sounding the alarm, Li Wenliang, died of COVID-19 in early February, and his colleague Ai Fen disappeared in April. Beijing authorities turned down January requests from WHO to send an independent scientific team to Wuhan, and nothing resembling accurate case numbers was officially reported until Jan. 19. Four days later, Wuhan was locked down.
That lockdown ultimately prevented a catastrophic epidemic that, according to a multinational team of independent researchers, would have likely infected more than 7.7 million Chinese, rather than the 114,325 estimated as of the end of February. On the other hand, if China had locked Wuhan down a week earlier, on Jan. 16, some 75,000 fewer people could have been infected. According to two epidemiologists, the United States, which started social distancing under White House guidelines on March 16, might have spared 90 percent of the nation’s deaths had it gone on lockdown two weeks earlier, on March 2. That’s a decidedly uncomfortable finding for the White House.
The central White House allegation, therefore, is that China’s coverup led to an underestimate in Washington of the scale of the COVID-19 outbreak and an inability to recognize the need to prepare the United States. Moreover, because WHO didn’t publicly contradict Beijing’s claims, and twice declined to declare an official public health emergency of international concern (PHEIC) before finally doing so on Jan. 30, the Trump administration accuses the agency of colluding with Beijing—in essence, of being a co-conspirator.
But the president’s accusations come despite ample evidence that the U.S. intelligence community provided the White House with detailed, urgent assessments of the Chinese outbreak in December and January and that U.S. personnel assigned to WHO continually fed detailed reports from Geneva.
Implicit in Trump’s charges against WHO is that he acted decisively as soon as the organization provided information about the urgency of the situation. The president has repeatedly insisted that his administration took swift action in late January, when he ordered the cessation of travel from Wuhan and other parts of China. In March, Trump claimed that travel restrictions “saved a lot of lives” and that by late March the numbers saved grew to “probably tens of thousands.” And at a White House briefing on April 7, Trump said: “I was called all sorts of names when I closed it down to China. … If I didn’t do that, we would’ve had hundreds of thousands more people dying.”
But a recent stunning study executed by the evolutionary biologist Michael Worobey of the University of Arizona has thrown serious doubt on the travel restrictions hypothesis. By analyzing the genetic details of thousands of SARS-CoV-2 viruses, Worobey and his team discovered that the earliest case in the Seattle area, considered patient zero for the United States, did not actually spawn the American epidemic. That individual who arrived from Wuhan to Seattle on Jan. 15 did pass his virus on to a handful of other people, but then, the spread stopped. Though travel restrictions were in place in February, some 40,000 people—including U.S. citizens—entered the country afterward, and one of them arrived in the Seattle area between Feb. 13 and 19, spreading the virus and starting the West Coast epidemic.
Similarly, Worobey’s group showed that the earliest Wuhan-to-Europe cases identified in early February never sparked outbreaks, but a traveler from Hubei to Italy arriving sometime between Feb. 7 and 14 started the huge Lombardy epidemic. And viruses found in New York City are genetic descendants of that Italian outbreak, which arrived sometime around Feb. 20, weeks after travel restrictions went into place.
In other words, if the Worobey analysis holds up—and he is a scientist who has built his career on similar genetic mapping of HIV and influenza outbreaks—most hard-hit nations got slammed with the coronavirus after travel restrictions were instituted and after WHO issued its PHEIC. And that includes the United States.
Nevertheless, tensions and blame have only escalated between the Trump and Xi governments, exacerbated by the National People’s Congress vote this week to revoke crucial aspects of Hong Kong’s freedoms and democracy. Both Democratic and Republican leaders in Washington have strongly condemned Beijing’s effective revocation of the 1997 U.K.-China pact guaranteeing the territory of Hong Kong relative independence until the middle of this century. And Chinese leaders have counterattacked in a war of COVID-19 words.
On May 28, the Chinese state media outlet People’s Daily labeled Trump’s domestic response to COVID-19 “incompetent” and the American death toll “one of the darkest moments in U.S. history.” Mincing no words, the editorial denounced Trump personally: “While there are many factors at play, a key factor behind the high numbers was the Trump administration’s mishandling of the coronavirus crisis. … America, the most powerful country on the planet with the most sophisticated medical technologies, did not have to lose so many lives to coronavirus. The Trump administration squandered vital time as the coronavirus spread across the country. … [T]he grim milestone is a failure of epic proportions on the part of the Trump administration.” The next day, Trump announced the U.S. withdrawal from WHO.
In all likelihood, Trump can’t legally pull the United States out of WHO without giving the agency a large amount of money and can’t unilaterally do so without a vote of approval from Congress, according to the global health legal expert Alexandra Phelan of Georgetown University. Though the WHO constitution does spell out how a nation may withdraw, Phelan says, it is clear that a departing country must settle all its debts with the agency. And joining WHO required U.S. Senate ratification. Exiting would require Senate approval, payment of all debts, and a full year’s notice. According to the Kaiser Family Foundation, which tracks such things, U.S. dues, which are assessed based on national GDPs, have ranged year by year between $107 million and $119 million over the last decade. In addition, the United States commits up to $400 million annually in voluntary support, making it the single largest donor to WHO. The 2020-2021 budget for WHO is $4.8 billion. The Trump administration has been a scofflaw, having never paid $81 million of its dues in 2019 and none of its $118 million for 2020. And $900 million in Obama administration commitments made for 2018-2019 have not been honored by the Trump White House.
If Trump can get over the congressional and financial hurdles, he still faces significant moral hazards. Most of the agency’s spending is on health programs for the world’s poorest and most vulnerable. In addition to the loss of U.S. funds, WHO is facing a $1.3 billion shortfall in funds from other sources and cost overruns due to emergencies, including the Congolese Ebola epidemic and the COVID-19 pandemic.
Immunization programs worldwide, including the polio eradication effort, have suffered thanks to lockdowns and diversion of public health and medical personnel to the COVID-19 fight. On May 22, a host of international organizations, including WHO, warned that 80 million children under the age of 1 were at risk of acquiring measles, diphtheria, polio, and other vaccine-preventable diseases. With the United States withdrawing its financial support from WHO, those vaccination efforts will likely suffer further setbacks.
The U.N. estimates that 130 million people could sink backward into extreme poverty due to the pandemic’s impact on the global economy, creating further health needs. Malaria programs worldwide have been disrupted by supply chain issues and lockdowns, which have interrupted the delivery of mosquito nets, drugs, and testing equipment.
In addition to imperiling the lives of the poorest of the world’s poor, the United States is, by quitting WHO, sending more signals to the world that the Trump administration intends to go its own “America First” way in the coronavirus fight. But the rest of the world is hurriedly forming trade and research alliances, committing to working together to find treatments and vaccines for COVID-19. Some of these collective deals have been forced inside WHO; others are regional pacts—the Trump administration has joined none. While it is certainly possible the first effective vaccine is invented and developed by a U.S. company, it is at least equally likely the innovation will come out of China, Europe, Asia, or perhaps Latin America—and the American people might find themselves at the bottom of the list for access to the life-saving supplies because Trump opted out of all international agreements and cooperation.
“We need to be engaged with other countries for the benefit of people who spend their time in places like Detroit,” former U.S. Treasury Secretary Lawrence Summers said this week. “This is not primarily a moral issue. This is a forward defense of our national security interests.”
Trump screwed up his tariff fight with China in 2019, forcing enormous subsidies for American farmers facing bankruptcy due to the loss of grain and livestock exports. When COVID-19 first appeared, Trump was trying to realign trade deals with China, so he confidently told a gathering of financial elites at the World Economic Forum in Davos, Switzerland, that China had the epidemic under control and that there was nothing to worry about. When it turned out that the epidemic was a pandemic, Trump issued the travel restrictions and assured Americans that there was nothing to worry about. As it became obvious that there most definitely was a great deal for Americans to worry about, amid national spread of the coronavirus and a wildly chaotic federal response, Trump blamed China. It didn’t take long for the U.S.-China blame game to grow toxic. Then the president added WHO onto his list of scapegoats.
The pain for this childish abhorrent behavior will now be felt on the COVID-19 battlefields and in every poor community that relies on U.N. agencies for emergency food, child immunizations, essential medicines, and guidance. Trump’s decision to punish others for his own failings is no surprise at this point in his presidency—and still completely reprehensible.
— Laurie Garrett is a former senior fellow for global health at the Council on Foreign Relations and a Pulitzer Prize winning science writer.
0 notes
melissawalker01 · 5 years ago
Text
Corporate Contracts
Tumblr media
Corporate contracts are entered into between someone who is authorized to do business on behalf of the corporation. The corporate business structure is a separate and distinct entity from its shareholders. The corporation elects a board of directors who oversee the significant business decisions. The board of directors then appoints officers to oversee the daily operations of the business. State laws allow corporations to enter into legally binding contracts; therefore, those corporations will have a duty to perform under the contract or else it may be liable for breach of contract. If the corporation does in fact breach the contract, it will face a potential lawsuit from the injured party, and could in fact be forced to either perform under the terms of the contract or pay damages to the injured party for the breach. Shareholders usually cannot be held personally liable for corporate contracts. However, exceptions do exist here, particularly if a shareholder comingles corporate and personal assets or commits fraud.
youtube
Forum Selection
The Utah Court upholds the validity of forum selection provisions in contracts, so long as it is fair and allows both parties to decide where and how to address a legal dispute. Furthermore, the by-laws can be amended many times throughout the life of the corporation to change the process for certain business areas. The Constitution usually doesn’t permit any states to adopt a forum selection statute that hinders someone’s right to sue in neighboring states or in federal court. However, several states, have amended their laws to allow businesses to include forum selection clauses in the company’s state of incorporation. Such information is to be included in the company’s bylaws. Some corporations have even adopted bylaw provisions that indicate that once a shareholder has purchased stock from the business, the shareholder has consented to personal jurisdiction in the forum in which the business identified in its bylaws. Therefore, if the shareholder subsequently brings a suit in another jurisdiction not approved by the company, then the company can certainly communicate that the forum chosen is not the appropriate forum for the legal dispute to be heard. Regarding legal disputes brought by shareholders against a corporation, Delaware courts have begun specifying that a corporation cannot choose a forum that might be known for providing little recovery to its shareholders, substantial fees for plaintiffs, and a release of claims. With that said, the State does in fact allow corporations to include forum selection clauses in their corporations that require all potential plaintiffs to bring a suit in that particular jurisdiction. While this benefits the corporation, it also benefits the courts in Utah, as it promotes self-interest of the local bar. Furthermore, the Commerce Clause might even provide specific grounds for when a neighboring state can refuse to enforce the forum-terms. Before a court decides to hear a legal dispute, it should determine whether the entire dispute would be efficient if heard in that forum. For internal affairs disputes, i.e. disputes between an employee or stakeholder of the corporation and the business, the forum of the corporation’s in-home statement will suffice. Similarly, for representative suits, such as class action lawsuits, most courts allow for a forum clause to prevent several lawsuits being brought in various jurisdictions.
youtube
Common Terms Used in Corporate Contracts
There are some common terms that are used in corporate contracts, and it is important for those entering into a contract with a corporation to be mindful of such terms. These include:
• R.F.P., which stands for request for proposal. This is a document that companies utilize to obtain bids from vendors who might be interested in doing work with the other party
• D.B.E., which stands for Disadvantaged Business Enterprise. This is a designation that a disadvantaged business can receive on a federal level. The requirement is that the business must have some sort of social or economic disadvantage.
• W.B.E., which stands for Women Business Enterprise. This is a specific designation that someone can earn through the Women’s Business Enterprise National Council, which is a certifier of women-owned businesses.
A corporation is a separate entity from its shareholder owners, who elect a board of directors to make large-scale, directional decisions for the corporation. The board then appoints officers to carry out the daily management of the business, including entering into routine business contracts. All states have varying laws governing the rights and duties of corporations operating within their borders. State statutes permit corporations to freely enter into binding contracts. A corporation, like an individual, has a legal duty to fulfill its contractual promises or face a possible lawsuit. A corporation may also file a breach of contract claim if its counter-party to a contract breaks his agreement. Shareholders generally are not personally liable for corporate contracts. Limited exceptions exist, as when a shareholder commingles corporate and personal funds or commits fraud.
Binding a Corporation
A corporate contract generally is only binding if it is signed by the proper parties within the company. Corporate officers typically have authority to enter garden-variety contracts on behalf of their corporations. Utah requires signatures from two corporate authorities to enter a corporate agreement. If a corporation is owned and operated by one individual, she should sign the contract twice and identify her different corporate roles. Contracts are legally binding agreements that are an important part of doing business. Although the kinds of business contracts are numerous, they are typically divided into four categories: leases, sales-related agreements, employment-related agreements and general business contracts. Contracts are legally binding agreements that are an important part of doing business. Although the kinds of business contracts are numerous, they are typically divided into four categories: leases, sales-related agreements, employment-related agreements and general business contracts.
Handling a Wide Range of Contract Disputes
A contract is like the DNA of the business world. Contracts define a business relationship and form the structure upon which a partnership, corporation and business relationship is built. A contract is at the core of commercial organizations, and a contract violation is a significant part of a civil litigation practice. Even though contracts are written by lawyers, not all of them are well written. Many clients come to the firm as either the plaintiff or the defendant with breach of contract issues related to ambiguous language, definitions, assertions or even timelines. The firm can create a finely-crafted contract, but is more frequently involved in litigation when there is a contract dispute. In some instances, the firm’s attorneys will seek to convince the court that contract language or terms are unambiguous and that a ruling is possible. If the contract language or terms are ambiguous, the firm will seek to convince the court of the intent of the parties and examine performance after signing. The situation that led up to contract, the standard definitions used in the contract and the intent of the contract is all factors that are presented to the court. Depositions are an important aspect of determining intent. The attorneys make certain that witnesses are properly prepared for deposition.
Types of contracts
A contract can be anything from a formal written document to a purely verbal promise. For example, a contract could be made simply because of a handshake deal to do a job where the only thing in writing is a quote on the back of an envelope. Whatever its form, if you agree to provide a service to someone for money, you have entered into a contract. You are promising to do a job for the person and the person is promising to pay you for it.
Types of contracts can include:
• Written contracts
• Verbal contracts
• Standard form contracts
• Period contracts.
Written contracts
Written contracts provide more certainty for both parties than verbal contracts. They clearly set out the details of what was agreed. Matters such as materials, timeframes, payments and a procedure to follow in the event of a dispute, can all be set out in a contract. A written contract helps to minimize risks as it is much safer to have something in writing than to rely on someone’s word. A written contract will give you more certainty and minimize your business risks by making the agreement clear from the outset.
Benefits of a written contract
A written contract can:
• Provide proof of what was agreed between you and the person.
• Help to prevent misunderstandings or disputes by making the agreement clear from the outset.
• Give you security and peace of mind by knowing you have work, for how long and what you will be paid.
• Clarify your status as an independent contractor by stating that the contract is a ‘services contract’ and not an ’employment contract’. This will not override a ‘sham’ contract, but a court will take the statement into account if there is any uncertainty about the nature of the relationship.
• Reduce the risk of a dispute by detailing payments, timeframes and work to be performed under the contract.
• Set out how a dispute over payments or performance will be resolved.
• Set out how the contract can be varied.
• Serve as a record of what was agreed.
• Specify how either party can end the contract before the work is completed.
youtube
Risks of not having a written contract
When a contract is not in writing, you are exposing yourself and your business to a number of risks including:
• The risk that you or the person misunderstood an important part of the agreement, such as how much was to be paid for the job or what work was to be carried out.
• The risk that you will have a dispute with the person over what was agreed because you are both relying on memory.
• The risk that a court won’t enforce the contract because you may not be able to prove the existence of the contract or its terms.
It’s always better to have your contract in writing, no matter how small the job is. Any contract with a person that involves a significant risk to your business should always be carefully considered and put in writing. This is advisable even if it means delaying the start of the work. A written contract is essential:
• When the contract price is large enough to make or break your business if you don’t get paid.
• Where there are quality requirements, specifications or specific materials that must be used.
• Where there is some doubt that the person has enough money to pay you.
• When you must have certain types of insurance for the type of work you are doing.
• Where the contract contains essential terms, such as a critical date for the completion of the work before payment can be made.
• Where you or the person need to keep certain information confidential.
• When it is required by your insurance company for professional indemnity purposes.
• Where there is a legal obligation to have a written contract (eg. trade contracts for building work in Salt Lake City).
Oral contracts
Many independent contracting arrangements use verbal contracts, which only work well if there are no disputes. A handshake agreement may still be a contract and may (though often with difficulty) be enforced by a court. However, verbal contracts can lead to uncertainty about each party’s rights and obligations. A dispute may arise if you have nothing in writing explaining what you both agreed to do. Some agreements may be only partly verbal. For example, there may be supporting paperwork such as a quote or a list of specifications that also forms part of the contract. At the very least, you should write down the main points that you agreed with the person to avoid relying on memory. Keep any paperwork associated with the contract. The paperwork can later be used in discussions with the person to try to resolve a problem. If the dispute becomes serious, it may be used as evidence in court.
The most important thing is that each party clearly understands what work will be done, when it will be completed and how much will be paid for the work.
Examples of paperwork that may support a verbal contract
• emails
• quotes with relevant details
• lists of specifications and materials
• Notes about your discussion—for example, the basics of your contract written on the back of an envelope (whether signed by both of you or not).
If the contract is only partly written or the terms of the work are set out in a number of separate documents (e-mail, quote etc.), it is to your benefit to make sure that any formal agreement you are being asked to sign refers to or incorporates those documents. At the very least, make sure the contract does not contain a term to the effect that the formal document is the ‘entire agreement’.
Standard form contracts
A ‘standard form’ contract is a pre-prepared contract where most of the terms are set in advance and little or no negotiation between the parties occurs. Often, these are printed with only a few blank spaces for filling in information such as names, dates and signatures. Standard form contracts often include a lot of legal ‘fine print’ and terms that you may not understand. They tend to be one-sided documents that mostly benefit the person who prepared the contract (for example, by shifting as much risk as possible to the contractor). If you don’t understand the fine print or any other part of the contract, you should get advice. If you sign the contract, you will be required to comply with the fine print even if you didn’t actually read it.
Tips for standard form contracts
• Read every word before you sign: Read the fine print carefully and get advice about any terms you don’t understand before you sign. Once you sign a contract you are bound by all of its terms. If there is an indemnity clause, don’t sign until you understand the risks you are agreeing to accept if something goes wrong.
• Cross out any blank spaces: Don’t leave any spaces blank. If you don’t need to fill in a blank space, always cross it out so the contract can’t be changed after you sign it.
• Negotiate: You have the right to negotiate any contract before signing, including a standard form contract. But remember that both parties must agree to any changes and record them in the contract you sign. Your union or industry association or a lawyer can help you prepare for negotiations.
• Keep a copy: You should always have a copy of any contract you sign. It is best if you and the person sign two copies of the contract, so that you can both keep an original. If this isn’t possible, ask for a photocopy and check that it is an exact copy. Remember to keep your copy somewhere safe for future reference.
Period contracts
Some independent contractors and people use a ‘period contract’, which is a contract template that sets out the terms for a business relationship where the contractor is engaged to perform work from time to time. In the building and construction industry, these contracts are called ‘period trade contracts’. The contract template will apply each time the person offers work to the contractor and the contractor accepts it. This can occur when the contractor provides a quote and receives a work order from the person, or the parties might sign an addendum (an addition to the contract) that sets out the specific work to be done or result to be achieved. Once the work starts, the contract template and the work order or addendum will form the total contract for the specific work. Period contracts can work well for both parties. They allow for the flexibility of performing intermittent work over an agreed period. However, you should check the terms of the agreement to do each new job.
Free Consultation with a Corporate Contract Attorney
When you need legal help with a corporate contract lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.7 stars – based on 45 reviews
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from Michael Anderson https://www.ascentlawfirm.com/corporate-contracts/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/188596488525
0 notes
mayarosa47 · 5 years ago
Text
Corporate Contracts
Tumblr media
Corporate contracts are entered into between someone who is authorized to do business on behalf of the corporation. The corporate business structure is a separate and distinct entity from its shareholders. The corporation elects a board of directors who oversee the significant business decisions. The board of directors then appoints officers to oversee the daily operations of the business. State laws allow corporations to enter into legally binding contracts; therefore, those corporations will have a duty to perform under the contract or else it may be liable for breach of contract. If the corporation does in fact breach the contract, it will face a potential lawsuit from the injured party, and could in fact be forced to either perform under the terms of the contract or pay damages to the injured party for the breach. Shareholders usually cannot be held personally liable for corporate contracts. However, exceptions do exist here, particularly if a shareholder comingles corporate and personal assets or commits fraud.
Forum Selection
The Utah Court upholds the validity of forum selection provisions in contracts, so long as it is fair and allows both parties to decide where and how to address a legal dispute. Furthermore, the by-laws can be amended many times throughout the life of the corporation to change the process for certain business areas. The Constitution usually doesn’t permit any states to adopt a forum selection statute that hinders someone’s right to sue in neighboring states or in federal court. However, several states, have amended their laws to allow businesses to include forum selection clauses in the company’s state of incorporation. Such information is to be included in the company’s bylaws. Some corporations have even adopted bylaw provisions that indicate that once a shareholder has purchased stock from the business, the shareholder has consented to personal jurisdiction in the forum in which the business identified in its bylaws. Therefore, if the shareholder subsequently brings a suit in another jurisdiction not approved by the company, then the company can certainly communicate that the forum chosen is not the appropriate forum for the legal dispute to be heard. Regarding legal disputes brought by shareholders against a corporation, Delaware courts have begun specifying that a corporation cannot choose a forum that might be known for providing little recovery to its shareholders, substantial fees for plaintiffs, and a release of claims. With that said, the State does in fact allow corporations to include forum selection clauses in their corporations that require all potential plaintiffs to bring a suit in that particular jurisdiction. While this benefits the corporation, it also benefits the courts in Utah, as it promotes self-interest of the local bar. Furthermore, the Commerce Clause might even provide specific grounds for when a neighboring state can refuse to enforce the forum-terms. Before a court decides to hear a legal dispute, it should determine whether the entire dispute would be efficient if heard in that forum. For internal affairs disputes, i.e. disputes between an employee or stakeholder of the corporation and the business, the forum of the corporation’s in-home statement will suffice. Similarly, for representative suits, such as class action lawsuits, most courts allow for a forum clause to prevent several lawsuits being brought in various jurisdictions.
Common Terms Used in Corporate Contracts
There are some common terms that are used in corporate contracts, and it is important for those entering into a contract with a corporation to be mindful of such terms. These include:
• R.F.P., which stands for request for proposal. This is a document that companies utilize to obtain bids from vendors who might be interested in doing work with the other party
• D.B.E., which stands for Disadvantaged Business Enterprise. This is a designation that a disadvantaged business can receive on a federal level. The requirement is that the business must have some sort of social or economic disadvantage.
• W.B.E., which stands for Women Business Enterprise. This is a specific designation that someone can earn through the Women’s Business Enterprise National Council, which is a certifier of women-owned businesses.
A corporation is a separate entity from its shareholder owners, who elect a board of directors to make large-scale, directional decisions for the corporation. The board then appoints officers to carry out the daily management of the business, including entering into routine business contracts. All states have varying laws governing the rights and duties of corporations operating within their borders. State statutes permit corporations to freely enter into binding contracts. A corporation, like an individual, has a legal duty to fulfill its contractual promises or face a possible lawsuit. A corporation may also file a breach of contract claim if its counter-party to a contract breaks his agreement. Shareholders generally are not personally liable for corporate contracts. Limited exceptions exist, as when a shareholder commingles corporate and personal funds or commits fraud.
Binding a Corporation
A corporate contract generally is only binding if it is signed by the proper parties within the company. Corporate officers typically have authority to enter garden-variety contracts on behalf of their corporations. Utah requires signatures from two corporate authorities to enter a corporate agreement. If a corporation is owned and operated by one individual, she should sign the contract twice and identify her different corporate roles. Contracts are legally binding agreements that are an important part of doing business. Although the kinds of business contracts are numerous, they are typically divided into four categories: leases, sales-related agreements, employment-related agreements and general business contracts. Contracts are legally binding agreements that are an important part of doing business. Although the kinds of business contracts are numerous, they are typically divided into four categories: leases, sales-related agreements, employment-related agreements and general business contracts.
Handling a Wide Range of Contract Disputes
A contract is like the DNA of the business world. Contracts define a business relationship and form the structure upon which a partnership, corporation and business relationship is built. A contract is at the core of commercial organizations, and a contract violation is a significant part of a civil litigation practice. Even though contracts are written by lawyers, not all of them are well written. Many clients come to the firm as either the plaintiff or the defendant with breach of contract issues related to ambiguous language, definitions, assertions or even timelines. The firm can create a finely-crafted contract, but is more frequently involved in litigation when there is a contract dispute. In some instances, the firm’s attorneys will seek to convince the court that contract language or terms are unambiguous and that a ruling is possible. If the contract language or terms are ambiguous, the firm will seek to convince the court of the intent of the parties and examine performance after signing. The situation that led up to contract, the standard definitions used in the contract and the intent of the contract is all factors that are presented to the court. Depositions are an important aspect of determining intent. The attorneys make certain that witnesses are properly prepared for deposition.
Types of contracts
A contract can be anything from a formal written document to a purely verbal promise. For example, a contract could be made simply because of a handshake deal to do a job where the only thing in writing is a quote on the back of an envelope. Whatever its form, if you agree to provide a service to someone for money, you have entered into a contract. You are promising to do a job for the person and the person is promising to pay you for it.
Types of contracts can include:
• Written contracts
• Verbal contracts
• Standard form contracts
• Period contracts.
Written contracts
Written contracts provide more certainty for both parties than verbal contracts. They clearly set out the details of what was agreed. Matters such as materials, timeframes, payments and a procedure to follow in the event of a dispute, can all be set out in a contract. A written contract helps to minimize risks as it is much safer to have something in writing than to rely on someone’s word. A written contract will give you more certainty and minimize your business risks by making the agreement clear from the outset.
Benefits of a written contract
A written contract can:
• Provide proof of what was agreed between you and the person.
• Help to prevent misunderstandings or disputes by making the agreement clear from the outset.
• Give you security and peace of mind by knowing you have work, for how long and what you will be paid.
• Clarify your status as an independent contractor by stating that the contract is a ‘services contract’ and not an ’employment contract’. This will not override a ‘sham’ contract, but a court will take the statement into account if there is any uncertainty about the nature of the relationship.
• Reduce the risk of a dispute by detailing payments, timeframes and work to be performed under the contract.
• Set out how a dispute over payments or performance will be resolved.
• Set out how the contract can be varied.
• Serve as a record of what was agreed.
• Specify how either party can end the contract before the work is completed.
Risks of not having a written contract
When a contract is not in writing, you are exposing yourself and your business to a number of risks including:
• The risk that you or the person misunderstood an important part of the agreement, such as how much was to be paid for the job or what work was to be carried out.
• The risk that you will have a dispute with the person over what was agreed because you are both relying on memory.
• The risk that a court won’t enforce the contract because you may not be able to prove the existence of the contract or its terms.
It’s always better to have your contract in writing, no matter how small the job is. Any contract with a person that involves a significant risk to your business should always be carefully considered and put in writing. This is advisable even if it means delaying the start of the work. A written contract is essential:
• When the contract price is large enough to make or break your business if you don’t get paid.
• Where there are quality requirements, specifications or specific materials that must be used.
• Where there is some doubt that the person has enough money to pay you.
• When you must have certain types of insurance for the type of work you are doing.
• Where the contract contains essential terms, such as a critical date for the completion of the work before payment can be made.
• Where you or the person need to keep certain information confidential.
• When it is required by your insurance company for professional indemnity purposes.
• Where there is a legal obligation to have a written contract (eg. trade contracts for building work in Salt Lake City).
Oral contracts
Many independent contracting arrangements use verbal contracts, which only work well if there are no disputes. A handshake agreement may still be a contract and may (though often with difficulty) be enforced by a court. However, verbal contracts can lead to uncertainty about each party’s rights and obligations. A dispute may arise if you have nothing in writing explaining what you both agreed to do. Some agreements may be only partly verbal. For example, there may be supporting paperwork such as a quote or a list of specifications that also forms part of the contract. At the very least, you should write down the main points that you agreed with the person to avoid relying on memory. Keep any paperwork associated with the contract. The paperwork can later be used in discussions with the person to try to resolve a problem. If the dispute becomes serious, it may be used as evidence in court.
The most important thing is that each party clearly understands what work will be done, when it will be completed and how much will be paid for the work.
Examples of paperwork that may support a verbal contract
• emails
• quotes with relevant details
• lists of specifications and materials
• Notes about your discussion—for example, the basics of your contract written on the back of an envelope (whether signed by both of you or not).
If the contract is only partly written or the terms of the work are set out in a number of separate documents (e-mail, quote etc.), it is to your benefit to make sure that any formal agreement you are being asked to sign refers to or incorporates those documents. At the very least, make sure the contract does not contain a term to the effect that the formal document is the ‘entire agreement’.
Standard form contracts
A ‘standard form’ contract is a pre-prepared contract where most of the terms are set in advance and little or no negotiation between the parties occurs. Often, these are printed with only a few blank spaces for filling in information such as names, dates and signatures. Standard form contracts often include a lot of legal ‘fine print’ and terms that you may not understand. They tend to be one-sided documents that mostly benefit the person who prepared the contract (for example, by shifting as much risk as possible to the contractor). If you don’t understand the fine print or any other part of the contract, you should get advice. If you sign the contract, you will be required to comply with the fine print even if you didn’t actually read it.
Tips for standard form contracts
• Read every word before you sign: Read the fine print carefully and get advice about any terms you don’t understand before you sign. Once you sign a contract you are bound by all of its terms. If there is an indemnity clause, don’t sign until you understand the risks you are agreeing to accept if something goes wrong.
• Cross out any blank spaces: Don’t leave any spaces blank. If you don’t need to fill in a blank space, always cross it out so the contract can’t be changed after you sign it.
• Negotiate: You have the right to negotiate any contract before signing, including a standard form contract. But remember that both parties must agree to any changes and record them in the contract you sign. Your union or industry association or a lawyer can help you prepare for negotiations.
• Keep a copy: You should always have a copy of any contract you sign. It is best if you and the person sign two copies of the contract, so that you can both keep an original. If this isn’t possible, ask for a photocopy and check that it is an exact copy. Remember to keep your copy somewhere safe for future reference.
Period contracts
Some independent contractors and people use a ‘period contract’, which is a contract template that sets out the terms for a business relationship where the contractor is engaged to perform work from time to time. In the building and construction industry, these contracts are called ‘period trade contracts’. The contract template will apply each time the person offers work to the contractor and the contractor accepts it. This can occur when the contractor provides a quote and receives a work order from the person, or the parties might sign an addendum (an addition to the contract) that sets out the specific work to be done or result to be achieved. Once the work starts, the contract template and the work order or addendum will form the total contract for the specific work. Period contracts can work well for both parties. They allow for the flexibility of performing intermittent work over an agreed period. However, you should check the terms of the agreement to do each new job.
Free Consultation with a Corporate Contract Attorney
When you need legal help with a corporate contract lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.7 stars – based on 45 reviews
Recent Posts
Bankruptcy Lawyer Lehi Utah
Avoiding Financial Conflict During A Marriage
Business Financing Basics
Can Stepparents Adopt Their Stepchildren?
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from https://www.ascentlawfirm.com/corporate-contracts/
from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/corporate-contracts
0 notes
divorcelawyergunnisonutah · 5 years ago
Text
Corporate Contracts
Tumblr media
Corporate contracts are entered into between someone who is authorized to do business on behalf of the corporation. The corporate business structure is a separate and distinct entity from its shareholders. The corporation elects a board of directors who oversee the significant business decisions. The board of directors then appoints officers to oversee the daily operations of the business. State laws allow corporations to enter into legally binding contracts; therefore, those corporations will have a duty to perform under the contract or else it may be liable for breach of contract. If the corporation does in fact breach the contract, it will face a potential lawsuit from the injured party, and could in fact be forced to either perform under the terms of the contract or pay damages to the injured party for the breach. Shareholders usually cannot be held personally liable for corporate contracts. However, exceptions do exist here, particularly if a shareholder comingles corporate and personal assets or commits fraud.
youtube
Forum Selection
The Utah Court upholds the validity of forum selection provisions in contracts, so long as it is fair and allows both parties to decide where and how to address a legal dispute. Furthermore, the by-laws can be amended many times throughout the life of the corporation to change the process for certain business areas. The Constitution usually doesn’t permit any states to adopt a forum selection statute that hinders someone’s right to sue in neighboring states or in federal court. However, several states, have amended their laws to allow businesses to include forum selection clauses in the company’s state of incorporation. Such information is to be included in the company’s bylaws. Some corporations have even adopted bylaw provisions that indicate that once a shareholder has purchased stock from the business, the shareholder has consented to personal jurisdiction in the forum in which the business identified in its bylaws. Therefore, if the shareholder subsequently brings a suit in another jurisdiction not approved by the company, then the company can certainly communicate that the forum chosen is not the appropriate forum for the legal dispute to be heard. Regarding legal disputes brought by shareholders against a corporation, Delaware courts have begun specifying that a corporation cannot choose a forum that might be known for providing little recovery to its shareholders, substantial fees for plaintiffs, and a release of claims. With that said, the State does in fact allow corporations to include forum selection clauses in their corporations that require all potential plaintiffs to bring a suit in that particular jurisdiction. While this benefits the corporation, it also benefits the courts in Utah, as it promotes self-interest of the local bar. Furthermore, the Commerce Clause might even provide specific grounds for when a neighboring state can refuse to enforce the forum-terms. Before a court decides to hear a legal dispute, it should determine whether the entire dispute would be efficient if heard in that forum. For internal affairs disputes, i.e. disputes between an employee or stakeholder of the corporation and the business, the forum of the corporation’s in-home statement will suffice. Similarly, for representative suits, such as class action lawsuits, most courts allow for a forum clause to prevent several lawsuits being brought in various jurisdictions.
youtube
Common Terms Used in Corporate Contracts
There are some common terms that are used in corporate contracts, and it is important for those entering into a contract with a corporation to be mindful of such terms. These include:
• R.F.P., which stands for request for proposal. This is a document that companies utilize to obtain bids from vendors who might be interested in doing work with the other party
• D.B.E., which stands for Disadvantaged Business Enterprise. This is a designation that a disadvantaged business can receive on a federal level. The requirement is that the business must have some sort of social or economic disadvantage.
• W.B.E., which stands for Women Business Enterprise. This is a specific designation that someone can earn through the Women’s Business Enterprise National Council, which is a certifier of women-owned businesses.
A corporation is a separate entity from its shareholder owners, who elect a board of directors to make large-scale, directional decisions for the corporation. The board then appoints officers to carry out the daily management of the business, including entering into routine business contracts. All states have varying laws governing the rights and duties of corporations operating within their borders. State statutes permit corporations to freely enter into binding contracts. A corporation, like an individual, has a legal duty to fulfill its contractual promises or face a possible lawsuit. A corporation may also file a breach of contract claim if its counter-party to a contract breaks his agreement. Shareholders generally are not personally liable for corporate contracts. Limited exceptions exist, as when a shareholder commingles corporate and personal funds or commits fraud.
Binding a Corporation
A corporate contract generally is only binding if it is signed by the proper parties within the company. Corporate officers typically have authority to enter garden-variety contracts on behalf of their corporations. Utah requires signatures from two corporate authorities to enter a corporate agreement. If a corporation is owned and operated by one individual, she should sign the contract twice and identify her different corporate roles. Contracts are legally binding agreements that are an important part of doing business. Although the kinds of business contracts are numerous, they are typically divided into four categories: leases, sales-related agreements, employment-related agreements and general business contracts. Contracts are legally binding agreements that are an important part of doing business. Although the kinds of business contracts are numerous, they are typically divided into four categories: leases, sales-related agreements, employment-related agreements and general business contracts.
Handling a Wide Range of Contract Disputes
A contract is like the DNA of the business world. Contracts define a business relationship and form the structure upon which a partnership, corporation and business relationship is built. A contract is at the core of commercial organizations, and a contract violation is a significant part of a civil litigation practice. Even though contracts are written by lawyers, not all of them are well written. Many clients come to the firm as either the plaintiff or the defendant with breach of contract issues related to ambiguous language, definitions, assertions or even timelines. The firm can create a finely-crafted contract, but is more frequently involved in litigation when there is a contract dispute. In some instances, the firm’s attorneys will seek to convince the court that contract language or terms are unambiguous and that a ruling is possible. If the contract language or terms are ambiguous, the firm will seek to convince the court of the intent of the parties and examine performance after signing. The situation that led up to contract, the standard definitions used in the contract and the intent of the contract is all factors that are presented to the court. Depositions are an important aspect of determining intent. The attorneys make certain that witnesses are properly prepared for deposition.
Types of contracts
A contract can be anything from a formal written document to a purely verbal promise. For example, a contract could be made simply because of a handshake deal to do a job where the only thing in writing is a quote on the back of an envelope. Whatever its form, if you agree to provide a service to someone for money, you have entered into a contract. You are promising to do a job for the person and the person is promising to pay you for it.
Types of contracts can include:
• Written contracts
• Verbal contracts
• Standard form contracts
• Period contracts.
Written contracts
Written contracts provide more certainty for both parties than verbal contracts. They clearly set out the details of what was agreed. Matters such as materials, timeframes, payments and a procedure to follow in the event of a dispute, can all be set out in a contract. A written contract helps to minimize risks as it is much safer to have something in writing than to rely on someone’s word. A written contract will give you more certainty and minimize your business risks by making the agreement clear from the outset.
Benefits of a written contract
A written contract can:
• Provide proof of what was agreed between you and the person.
• Help to prevent misunderstandings or disputes by making the agreement clear from the outset.
• Give you security and peace of mind by knowing you have work, for how long and what you will be paid.
• Clarify your status as an independent contractor by stating that the contract is a ‘services contract’ and not an ’employment contract’. This will not override a ‘sham’ contract, but a court will take the statement into account if there is any uncertainty about the nature of the relationship.
• Reduce the risk of a dispute by detailing payments, timeframes and work to be performed under the contract.
• Set out how a dispute over payments or performance will be resolved.
• Set out how the contract can be varied.
• Serve as a record of what was agreed.
• Specify how either party can end the contract before the work is completed.
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Risks of not having a written contract
When a contract is not in writing, you are exposing yourself and your business to a number of risks including:
• The risk that you or the person misunderstood an important part of the agreement, such as how much was to be paid for the job or what work was to be carried out.
• The risk that you will have a dispute with the person over what was agreed because you are both relying on memory.
• The risk that a court won’t enforce the contract because you may not be able to prove the existence of the contract or its terms.
It’s always better to have your contract in writing, no matter how small the job is. Any contract with a person that involves a significant risk to your business should always be carefully considered and put in writing. This is advisable even if it means delaying the start of the work. A written contract is essential:
• When the contract price is large enough to make or break your business if you don’t get paid.
• Where there are quality requirements, specifications or specific materials that must be used.
• Where there is some doubt that the person has enough money to pay you.
• When you must have certain types of insurance for the type of work you are doing.
• Where the contract contains essential terms, such as a critical date for the completion of the work before payment can be made.
• Where you or the person need to keep certain information confidential.
• When it is required by your insurance company for professional indemnity purposes.
• Where there is a legal obligation to have a written contract (eg. trade contracts for building work in Salt Lake City).
Oral contracts
Many independent contracting arrangements use verbal contracts, which only work well if there are no disputes. A handshake agreement may still be a contract and may (though often with difficulty) be enforced by a court. However, verbal contracts can lead to uncertainty about each party’s rights and obligations. A dispute may arise if you have nothing in writing explaining what you both agreed to do. Some agreements may be only partly verbal. For example, there may be supporting paperwork such as a quote or a list of specifications that also forms part of the contract. At the very least, you should write down the main points that you agreed with the person to avoid relying on memory. Keep any paperwork associated with the contract. The paperwork can later be used in discussions with the person to try to resolve a problem. If the dispute becomes serious, it may be used as evidence in court.
The most important thing is that each party clearly understands what work will be done, when it will be completed and how much will be paid for the work.
Examples of paperwork that may support a verbal contract
• emails
• quotes with relevant details
• lists of specifications and materials
• Notes about your discussion—for example, the basics of your contract written on the back of an envelope (whether signed by both of you or not).
If the contract is only partly written or the terms of the work are set out in a number of separate documents (e-mail, quote etc.), it is to your benefit to make sure that any formal agreement you are being asked to sign refers to or incorporates those documents. At the very least, make sure the contract does not contain a term to the effect that the formal document is the ‘entire agreement’.
Standard form contracts
A ‘standard form’ contract is a pre-prepared contract where most of the terms are set in advance and little or no negotiation between the parties occurs. Often, these are printed with only a few blank spaces for filling in information such as names, dates and signatures. Standard form contracts often include a lot of legal ‘fine print’ and terms that you may not understand. They tend to be one-sided documents that mostly benefit the person who prepared the contract (for example, by shifting as much risk as possible to the contractor). If you don’t understand the fine print or any other part of the contract, you should get advice. If you sign the contract, you will be required to comply with the fine print even if you didn’t actually read it.
Tips for standard form contracts
• Read every word before you sign: Read the fine print carefully and get advice about any terms you don’t understand before you sign. Once you sign a contract you are bound by all of its terms. If there is an indemnity clause, don’t sign until you understand the risks you are agreeing to accept if something goes wrong.
• Cross out any blank spaces: Don’t leave any spaces blank. If you don’t need to fill in a blank space, always cross it out so the contract can’t be changed after you sign it.
• Negotiate: You have the right to negotiate any contract before signing, including a standard form contract. But remember that both parties must agree to any changes and record them in the contract you sign. Your union or industry association or a lawyer can help you prepare for negotiations.
• Keep a copy: You should always have a copy of any contract you sign. It is best if you and the person sign two copies of the contract, so that you can both keep an original. If this isn’t possible, ask for a photocopy and check that it is an exact copy. Remember to keep your copy somewhere safe for future reference.
Period contracts
Some independent contractors and people use a ‘period contract’, which is a contract template that sets out the terms for a business relationship where the contractor is engaged to perform work from time to time. In the building and construction industry, these contracts are called ‘period trade contracts’. The contract template will apply each time the person offers work to the contractor and the contractor accepts it. This can occur when the contractor provides a quote and receives a work order from the person, or the parties might sign an addendum (an addition to the contract) that sets out the specific work to be done or result to be achieved. Once the work starts, the contract template and the work order or addendum will form the total contract for the specific work. Period contracts can work well for both parties. They allow for the flexibility of performing intermittent work over an agreed period. However, you should check the terms of the agreement to do each new job.
Free Consultation with a Corporate Contract Attorney
When you need legal help with a corporate contract lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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from Michael Anderson https://www.ascentlawfirm.com/corporate-contracts/
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