An In-Depth Review of Intellectual Property Law

An In-Depth Review of Intellectual Property Law

Intellectual property law covers matters pertaining to the legal rights that individuals have to their inventions, artistic works, and designs. This law typically protects the exclusive control and use of intangible assets with the objective of giving individuals the incentive to develop creative works that are beneficial to the society. In doing so, such individuals can also fully profit from their labor without the fear of fraud.

shaking hands over property negotiation

The US constitution grants Congress the power to grant inventors and authors exclusive rights to their conceptions. The Intellectual Property Law is administered by the US Copyright Office and the US Patent and Trademark Office. Patents give designers and creators exclusive rights to use their creations in the marketplace. This way, they can also profit if they choose to transfer the right to an individual or an organization.

Generally, trademarks protect slogans, names, and symbols used by designers and creators to distinguish their products. Rights have the potential to last for ages, and can also be obtained using a mark. Although it is not mandatory, owners are advised to register their trademarks since it guarantees additional protection against exploitation.

Protecting Your Intellectual Property from Infringement

If your business is synonymous with a particular trademark, you should protect your intellectual property since it goes a long way in determining the success of your establishment. The complex nature of today’s corporate world has led to a rise of copyright infringement incidents. This is basically the unapproved use of intellectual property. The easiest way of deterring infringement is by providing notices. This increases the visibility of your rights, thus putting you in a better position to sue anyone who infringes on your rights.

You can deter would-be infringers by marking your products with the number that the Patent and Trademark Office will assign to you. If you are yet to be assigned a patent number, you can include a “patent pending” label on your product. This will deter others from copying your design before you are assigned a patent. Notice of copyrights and trademarks can be given by using appropriate symbols such as ™, and © on the product. Thereafter, you are required to register the copyright or trademark so that it can be added to official government records. You can sue those who go ahead to infringe on your trademark.

Personal Injury Cases

A person who has suffered personal injury can hire a lawyer and file a lawsuit against the party who caused them injury. Personal injury can include accidents where the person was injured or malpractice where a mistake occurred during a medical procedure. Personal injury cases are part of civil law cases. This is where the party who has filed the complaint in court is seeking financial compensation for damages. This is different to a criminal case where the nature of the crime is criminal and criminal charges are being pressed.

suffering from a personal injury

Steps In A Personal Injury Case

There are many steps in a personal injury case and many depending on the circumstances many ways the case can go. Some cases go to trial whilst others are resolved out of court.

Hiring A Personal Injury Lawyer

A person seeking compensation for a personal injury case needs to hire a personal injury lawyer to represent them. A personal injury lawyer is a qualified lawyer with experience specifically in civil litigation and personal injury cases. Usually a lawyer dealing with personal injury law is more experienced in tort law than other lawyers. This refers to law that falls under civil wrongdoings, economic damage to a person, or defamation cases where a person’s property or reputation is damaged.

Filing A Complaint

In order to make a claim for personal injury compensation, an official complaint needs to first be filed by the person claiming injury. Once a lawyer has been hired, the official complaint can be lodged. This is the official lodging of a lawsuit against the party accused of causing damages.

Informal Settlement

The common option in a personal injury case is for the case to be settled through an informal settlement agreement. This is where the two parties involved in the dispute come to an agreement through negotiation. This negotiation normally involves the lawyers for each party and insurance companies. If negotiation works then the aggrieved party will receive an agreed upon amount of money as compensation.

Going To Court

If an informal settlement agreement cannot be negotiated out of court then the case goes to trial with a judge and jury to gain an official judgement. This option is costly and will take a long time for the case to reach the courts. Personal injury court cases occur when the two parties cannot come to a fair amount of compensation to settle for or when the defending party does not agree to provide compensation. The aggrieved party will then go to court to ask the judge to award compensation to them for the personal injury. Let me know your thoughts!

Law’s Function as a Symbol in America

The United States of America is an extraordinarily unique country, one created by and for the people, rather than any one individual. Ours is a government of institutions and laws, binding each American together, and holding us all accountable to one another. Above all else, the rule of law symbolizes the United States and her citizens, as well as its commitment to upholding the international order.

Few other nations benefit from the liberties and freedom enjoyed each day by Americans, and few things are held in such high reverence in the U.S. as our judiciary system. It’s then worth asking how, exactly, law has come to symbolize our nation and its people.

There is no finer example nor greater power of American law than the United States Constitution. This document, penned by our founders and relied upon throughout our history as a legal compass, has built the very foundation of our country. Americans rightly view the Constitution and principles instilled within it as the bedrock of our nation, though seldom do we appreciate the lengths to which it goes to protect us.

Everywhere one looks in America, there is law; our courthouses and statehouses dot our maps, and Americans are regularly exposed to law in their media and everyday experiences. Whether it’s being tried by a jury of your peers, or merely being bombarded with advertisements for legal services on your way to work, we all find ourselves immersed in a world of law.
From our nation’s inception, our government officials have derived their authority not from a divine mandate, but rather the will of the people. This principle, enumerated in Article I of the constitution as it establishes the House of Representatives, has driven the United States to become the international role model of the rule of law. Time and time again, other nations have formulated their constitutions, governments, and guiding national principles with the assistant of the United States.

Our constitution serving as an example for others is perhaps best seen in the nation of Japan, which, after world war II, formulated a constitution based not only on its own national principles, but those of the American Constitution. Time and time again, our courts, legal documents, and rich judicial history has served as an example around the globe.

Countless times throughout American history, the people of the United States have fallen back on the symbol and power of their judicial system to rescue them from tyranny. Two presidents have been impeached, and countless instances of discrimination have been struck down, all through the vital institutions of the judiciary.

Law has become more than a guiding principle of life; these days, the law in the United States serves as a cultural icon, an ever-present reminder that our government is one of, by, and for the people.

How have you seen law function as a symbol in the United States? How would our nation be different without our judicial system? Leave a comment below!

Ways to Post Bail

weighing options in court

If you’ve been suspected of committing a crime, a judge may have ordered you to post bail to stay out of jail until you are required to return to court. The bail amount is set by a judge at the arraignment (or at a hearing, if necessary). There are a number of methods of posting bail. In this article, we’ll explore the options that defendants have to securing their freedom before a court appearance.

Cash
Cash is the most widely accepted form of bail payment. Simply pay the full amount of cash and you will be set free. The money will be refunded 2 – 6 weeks after making your appearance in court.

Check
Similar to cash, a check made out for the full amount can secure your freedom. This option isn’t always accepted by every jurisdiction. After all, a check may be returned with insufficient funds. For this reason, only cashiers checks can be used.

Property
Your property can help you post bail. Signing over ownership rights for your property worth the full amount can be used in lieu of cash. Your property can be your home, your vehicle(s), jewelry, and other forms. If you don’t show up for court, your property will be seized.

Bonds
A bond (known as a “surety bond”) is a guaranteed payment of the full amount. By contacting a bail bondsman, they cover the full amount while a defendant only has to pay 10% of the bail to guarantee their freedom. Some bond sellers may require collateral, which is a financial stake in a person’s property (i.e. vehicle, house) that can make sure that the professional gets a return on their investment should a person not appear in court.

a judge deciding on bail amounts

Remember that your money will be returned for all of the aforementioned methods of payment. However, if you are using a specialist, your money won’t be refunded. Essentially, a bail bondsman puts up the entire amount of bail in exchange for keeping 10% of the bond. If your bail is set at $10,000, you only have to pay $1,000 to guarantee your freedom until your court date.

Credit Card
One of the newer and more controversial methods of posting bond is using a credit card. The reason being that credit itself is a type of loan and may not have the same binding effect that cash or property have on ensuring that people show up for court dates. Services like GovSwipe can assist those that lack the other forms of payment and avoid costly incarceration. Not every state accepts credit cards, and the states that do accept credit cards only accept certain credit cards.

There you have it! These are the more popular methods used to help people get out of jail. If you are in a jam and need to get out fast, the above options will be the easiest route for you and your loved ones. Let me know your thoughts, please leave a comment below.

Should Felons Have the Right to Vote?

I love writing about these controversial topics. They push me to think, research, and search the brains of others. I have never really thought about this particular issue. Now that I have, I cannot stop thinking about it.

I feel pretty passionate about this topic, because I already feel like the prison system is flawed in so many ways. I was reading some comments that people wrote about this topic, and two stuck out at me. They were contrary opinions, but they each made me think. One comment was against felons and prisoners having the right to vote. The comment stated that when prisoners committed their crimes, they have (depending on the crime) taken or affected the rights of others, so their own rights should be taken or affected. I felt that that was a good point. When felons steal, kill, cheat on taxes, etc., they are affecting the rights of others to some degree. However, they are not affecting everything single right that that person has. I personally do not see the correlation between someone stealing and someone voting. I understand that this is a punishment, but I also thought that the prison sentence and being ostracized by society was the punishment. I don’t know if taking away someone’s voting rights is an effective or necessary punishment.

That brings me to the next comment that I read. This comment supported the idea of prisoners (which I am assuming included felons), having the right to vote. The comment stated that prison dehumanizes people enough, which makes it harder from them to be successful when they are finally a part of society again. Taking away the right to vote isolates them even more. I could not agree more with that comment. I wrote an article before that somewhat discussed the dehumanizing issue within prisons. Taking away a felon’s right to vote seems to only serve the purpose of making them feel like they are nothing, I don’t know if that is going to make them feel like they should improve themselves. I don’t.

voting rights for felons

There are also other factors to think about. Perhaps voting should depend on the crime that a person commits. I don’t think that all prisoner’s and felons can be lumped into one category. Some felons made one horrible mistake, others had a bad upbringing, maybe the felon shouldn’t even be a felon at all and the real felon is out there living his life and voting. There may be some felons who should have their voting rights taken away, but I do not believe that that should be a generalized solution.

I am curious to know what you guys think about this. Please share whether you think felons should be allowed to vote or not in the comment section below.

Common Crimes People Are Arrested For

Being arrested is not a common occurrence for most people. Being arrested means that you have been caught doing something illegal or that you are suspected of having committed a criminal offence. There are however common crimes or offences that people are often arrested for more often than other crimes.

Below are the common crimes that people are arrested for:

Assault

People arrested for assault have threatened to commit harm to another person showing that they have the ability to do so. Not to be confused with battery, people charged with assault have not actually carried out the physical harm but only threaten to.

DUI

Being arrested for a DUI means that you were caught driving whilst under the influence of drugs or alcohol. This is a common crime that people are arrested for especially during routine traffic stops carried out by police officers.

Disorderly Conduct

graph of crimesPeople arrested for disorderly conduct are deemed to be disturbing the peace. This can apply to people intoxicated in public, loitering or behaving in a disorderly conduct to themselves or others in a public place. Disorderly conduct is not classed as a serious criminal offence but a misdemeanor. Disorderly conduct can include people arrested for fighting in public.

Possession Of Drugs

Possession of illegal narcotics and drugs is an arrest able offence. Each state differs as to the penalties and charges for drug possession. There is a difference between people in possession of small amounts of drugs and those found to be carrying large amounts where there is an intent to sell.

Public Intoxication

If a person is visibly intoxicated in public they can be arrested. Arrests for public intoxication are common, especially around big sporting events or holidays when people consume large amounts of alcohol. People arrested for public intoxication can also be arrested and charged for disorderly conduct if they are disturbing the peace.

Resisting Arrest

A person can be arrested and charged with resisting arrest. This is quite a common crime that people commit when police officers are attempting to apprehend an individual. If a person gives chase or does not cooperate whilst being arrested then they will be charged with resisting arrest.

Vehicle Theft

Motor vehicle theft, or grand theft auto, is a criminal offence that people are commonly arrested for. The be arrested and charged with stealing a motor vehicle the person either needs to have stolen the car or have attempted to steal it.

The Difference Between Prosecution Lawyers and Defence Lawyers

During a trial you often hear of ‘the prosecution’ and ‘the defense’. There is a big difference between the two and the role that each play during a court case. Both the prosecution and defense lawyer are university educated and hold degrees from law school. They have both also passed the state bar exam in the state that they are practicing law. Both are in court with the aim to win the case. However, the prosecution is arguing that the accused is guilty of a crime on behalf of the state and must receive a penalty usually jail time. The defense on the other hand is defending their client against the charges by the state. Before you read this article, this post on Carrington College’s site will provide some more background info.

Here are the key things to know about both:

Prosecution Lawyer

The prosecution lawyer is employed by the government to represent the state in criminal law cases. They can decide to drop charges against the accused in a criminal case, or to press charges and go ahead with a criminal trial. During a criminal trial in court, they aim to prove that the accused is guilty of the charged crime. They call witnesses to the stand to testify against the accused and presents evidence to the judge and jury. The lawyer must by law present all evidence found during the pre-trial investigation, even if it is not favorable to the case. He or she can offer a plea bargain or deal to the defendant pre-trial. This means that the accused agrees to plead guilty to lesser charges, in exchange for less prison time or something of that nature in return from the prosecution.

Defense Lawyer

A defense lawyer will be hired once the accused is arrested or charged with a crime. A criminal attorney can either by hired by the defendant himself or herself, or can be appointed by the state. The role of a this person during a criminal trial is to defend the accused as best as they can. They aim to prove their clients innocence. They also want to ensure the best outcome for their client. This can sometimes mean that a lesser sentence is the goal, over a large or life sentence in large criminal trials. He or she will assist their client pre-trial, during trial and post trial. Unlike the prosecution a defense lawyer does not by law have to present all evidence uncovered during the pre-trial investigation.