Showing posts with label Law News. Show all posts
Showing posts with label Law News. Show all posts

China has accused the U.S. of Violating International Law

The Chinese government said U.S. warships had been commit an illegal act on the southern island of Hainan. Previously the White House protesting the ships interfere ship USNS Impeccable.

 The White House urged China to respect international maritime law after the Pentagon reported there are five Chinese ships, including warships, harassing U.S. warships in international waters.

 "This is an act of reckless, dangerous maneuver and unprofessional and violates international law," said Bryan Whitman, a spokesman for the U.S. Department of Defense.

 The U.S. Defense Department spokesman Bryan Whitman told, one of the Chinese ships approached to within 7.5 meters to the ship USNS Impeccable. The U.S. ship was designed to protect, especially against submarines. China tried to prevent the cable ships are used to detect the submarine.

 Hong Kong television station reported Phoenix Television and is quoted by Reuters on Tuesday (3/10/2009) Chinese embassy spokesman in Washington declined unnamed ships violating maritime law. He said the U.S. ships would have been illegal surveying activities.

 "The U.S. warships have been conducting surveys illegal in China's exclusive economic zone," the spokesman said. He said he believes the U.S. has violated international maritime law and law in China.

 While China's Foreign Ministry had no immediate comment. However, due to the incident, both sides increased patrols in the Sea of China, including deployed air power.


16 Justice in Italy Arrested In Anti-Mafia Operation

A total of 16 people arrested by the police judge in an Italian anti-mafia operation of large-scale, based in Naples.

The judge is alleged to have received bribes to issue financial regulations that support the Camorra, a crime syndicate active in the southern city.

In operation, the authorities as a whole hold about 60 people on suspicion of corruption and money laundering.
BBC writes that in addition to arresting dozens of people, buildings and cars and property worth 1 billion Euros (about USD 12 trillion) was also seized in Naples and in northern Italy.

To date, the names of the 16 judges who were detained is unknown.
Police said that the focus of their operations are Fabroccino clan, which is believed to have bribed officials to get profit in court.

This clan has become notorious for extortion and drug trafficking, but police say they are investigating his involvement in the purchase and sale of property, hotel management and food industry.
The authorities clearly believe that corruption has spread far beyond the members of the clan itself, and that in this case the judge may have worked with the Camorra.


Justices Arrested in Italy

Italian police arrested 47 people on Monday (19/03), 16 of them are judges and a number of tax officers. They were arrested for involvement in the Camorra, the organized crime Napels and surrounding areas.

Police also seized a variety of bank accounts, buildings, land, and the car is worth 1 billion euros. This was announced by the Ansa news agency Italy.

Most of those arrested are members Fabbrocino clan, the clan that operate illegally in Nola and the area around the volcanic Mount Vesuvius. Twenty-two of the 47 people arrested have not been free until now. The other 25 under house arrest. The judges and tax officials accused of involvement in bribery.


Russell Brand was not allowed to get in the United States because Involved Case Law

Russell Brand had another problem. As quoted by The Sun, Russell who had previously been in London for the screening of the movie "mDespicable is planning to go to New York to perform at the SIRIUS Satellite radio-guided Howard Stern, Tuesday, October 12. When landing at the airport, the immigration authorities to stop Russell and forbid entering the United States.

Immigration officials later interrogate the relevant Russell paparazzi assault he did when he was at LAX airport, Los Angeles, 17 September. Fortunately after that, Russell then allowed to continue his journey. Before that, the immigration authorities had threatened to revoke the visa with the intention that Russell's fiancee Katy Perry is no longer doing mischief.

Associated with these delays, Russell had expressed in his Twitter that he was a little frustrated. Nevertheless, he still managed to promote a radio show that will attend it.

Assault case against a paparazzi began when Russell was disturbed by the act of a photographer who tried to take pictures and Katy. According to the LAX airport security, Russell suddenly angry and pushed the photographer. It's because of him, Russell secured the airport before being handed over to the Los Angeles Police Department (LAPD) Pacific division. After undergoing the examination, Russell was fined 20 000 dollars and then declared free.

Subject arrest, Katy launch statement via his Twitter to defend Russell. "If you cross the line and tried to photograph the dress that I wore, my fiance will do their job and protect me," said Katy. In connection with the case, actor film "Get Him to the Greek 'is scheduled to attend the hearing on 19 November to take responsibility for her action.


Ugly People in America can be hard to Work Now

Did you not go get a dream job? Now, you can blame a new form of discrimination. 'Lookism' is a new form of racism, where people do not accept the appearance or likeness of an ugly face, as quoted from Dailymail.

Some consider this a trend where people just have faces and attractive appearance more successful than those who are not blessed with a beautiful face. It is also considered a new form of discrimination in the world of a career that should be eradicated.

In America, this has been a few legal cases, and many experts began to study this subject. Economists, Daniel Hamermesh, argues that people are not handsome to be protected by law. He said, "The research I did shows have interesting faces to help you earn more income, get rich mate to get better deals in the transaction, while bad people can not do anything."

But according to the law firm Lawrence Davies of Equal, this will impact for a working system. "Anyway, to protect those who are considered 'ugly' as one form of disability will bring people in the wrong direction," he said. He stressed that the community should focus more on common law established in the workplace.

This case is strengthened by the case of Shirley Ivey, 61 years. He demanded his company in Washington as 'lookism'. He left his position because he felt the stress of prolonged because the boss is always telling himself that he would be preferred if she is more beautiful.


Sherpa, Set Of Lawyer Hunters Corruptor

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Since the Arab dictators and the dictators of North Africa fell last year, efforts to repatriate the estimated assets acquired in a manner that does not really continue the effort.

The dictator who allegedly took the money of the people for their own interests, it is thought to spread their treasures to the world. The form also varied. Of phantom accounts in banks abroad to luxury homes in various cities around the world. In the 4th Arrondissement, Paris, for example. In one corner of a street popular with its Marais district is exclusive, there stood a large house that attracted the attention of road users in the vicinity.

Mansion by the gate of the 17th century was escorted across a pair of wooden doors, carved with the legend of Rome, Romulus and Remus. According to some reports, the house has two large pages, baroque murals on the ceiling, and has been home several important figures and playwright Caron de Beaumarchais. Perhaps one of the most important thing about that house is the present owner. Only two months before the Revolution sparked Arab country, Tunisia President Zine el Abidine ben Ali, rumored to buy a home is worth USD54 million.

At the same time, most people groan because of difficulty finding a job. Marais mansion is just one of the many assets of Ben Ali is now justified, done as an initiative to replace the funds taken from the alleged corruption of the Tunisian regime. This business can be done thanks, in part, filed a lawsuit that a group of human rights defenders  is not very well known in France calling themselves the "Sherpa".

Sherpa's office was in a crowded office building in Rue de Milan, Paris. Office of the room was filled with a stack of thick, colorful folder, which is labeled with local names such as Gabon and Equatorial Guinea. Sherpa consists of a group of volunteer lawyers who examine financial records and property to track the assets of corrupt leaders and the flow of illicit funds.

Director of the nonprofit agency is Maud Perdriel-Vaissiere, slender woman who burnt nicotine and spirit to bring him a dictator whose assets browse. "The people are growing in developing countries. What they do not want to do something good for their country? However, it is a reaction that is quite naive, I suppose, "said Perdriel-Vaissiere, told CNBC. According to him, the task of pro-bono attorney was not at all glamorous and very intensive, because it is a task that should be implemented by law enforcement.
"We prefer that the public prosecutors do their job well, but they were not so," said Perdriel-Vaissiere. Currently the largest case handled Sherpa is a case known as Mal Acquis Bien cases or cases with the introduction of a Obtained forbidden . the case it focuses on the ruling families in Gabon, Equatorial Guinea, and Republic of Congo.

Sherpa said the lawyers had found a number of assets in France, including 112 bank accounts related to family power in the Republic of Congo, 39 luxury properties related to the family of former President Omar Bongo, Gabon, and a mansion along with a number of luxury cars worth more than $ 6 million charge related to the family of President Equatorial Guinea Teodoro Obiang Nguema Mbasongo. But despite this luxury, French prosecutors refused to pursue the case on the grounds of lack of evidence.

"Those countries continued to say that they will do anything to combat corruption. But in fact, no single country in the western world is truly intend to take real action, "said Perdriel-Vaissiere. Sherpa joined the Berlin-based corruption, Transparency International, which spent three years as prosecutors appealed the decision, take their case to the Supreme Court french. then, that's where the big decisions were issued, the Supreme Court ordered the case continued Bien Mal Acquis .

"So far, we are the only country where an NGO allowed to lift the criminal case and its decision is very wide so we are very happy," said Jacques Terray, head of the French branch of Transparency International. So far, due to the combined efforts Sherpa and Transparency International, the apparatus authorities have confiscated 11 cars, worth more than $ 6 million, the son of the president of Equatorial Guinea Equatorial Guinea. The government  objection to the confiscation of assets, calling it "not important" and contrary to international law.

Son of the president's official salary as a government minister for less than $ 100,000 per year, but his property is quite abundant, including the apartment area of 10,000 square feet (929 square meters) near the Arc de Triomphe, the French police searched earlier this month. Assets that, as expected Sherpa and Transparency International, is derived from corruption. "They have acted like the country, with immunity. And, I guess they did not even feel guilty, "said Terray.

So, what is the purpose of this business? Everything, according to Perdriel-Vaissiere, done for the money back to the people. But, of course, the effort was not always as easy as turning the palm of the hand. "The difficulty we face is that maybe we do not want to give that money back to the very same people who hide it for years," he said. Although difficult, Perdriel-Vaissiere still have hope.

"If one of these kleptokrat was convicted and sentenced, others may lack the intention to take state funds. We must go forward, and much remains to be resolved, "he said.

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Law system adopted by the United States


Constitution of the United States is a federal system of government established. The Constitution Gives Certain powers to the federal government (national). All other powers not Delegated to the federal government will still be run by the states. Every section fifty states has its own constitution, its own governance structure, the statute book Itself, and the court system Itself. The U.S. Constitution also established the judicial branch of government detailing the powers of federal and federal courts. Federal courts have exclusive authority over courts Certain types of cases, for example cases involving federal law, Disputes Between section states, and cases involving foreign Governments. In the areas More specific, the federal courts share the judicial power by the courts of the country.

For example, federal courts and courts both countries should Decide cases involving the parties disputants WHO Reside in different states. Courts of the country has exclusive power over judicial cases Generally very broad. The parties to the dispute have the right to trial by jury in all criminal cases and civil cases Generally. The jury usually consists of a panel totaling twelve citizens heard testimony and apply laws, expressed by the judge, in an effort to Achieve joint decisions based on the evidence disclosed during the jury confirm it by looking at the testimony in court. Thus Spake although, the legal dispute in the United States in general can be solved before the case Reaches the jury. These cases are resolved by a vote of legal or payment initiative, not by the court.
The system structure is the Federal Constitutional Court of the United States that make up the United States Supreme Court and gives Congress the power to establish lower federal courts. Congress has established two ratings that federal courts under the Supreme Court: District Courts and the United States circuit courts of Appeals United States. District courts are courts of the United States first in the federal system. There are a number of 94 district courts across the United States. At least one district court located in each state. The judges of each district to sit to listen to a variety of cases. In addition to district judges, bankruptcy judges are also there (who only hear cases of bankruptcy) and the magistrate judge (who run a variety of duties under general supervision of judicial district judges) located in the district courts.

Circuit Courts of Appeals United States ranks next. There are a total of 12 high-level courts are located in different areas of the U.S. land area. A panel of three judges hear an appeal, an appeal from the district courts. The parties who have filed a case may petition / appeal regarding the legal rights to the circuit Courts of Appeals (with the exception that the government has no right to appeal in a criminal case if the verdict is not guilty). The circuit courts also hear this area of the decisions made by federal administrative agencies. One of a series of non-local courts (Federal circuit) is to hear an appeal, an appeal in specific cases such as cases involving patent laws and lawsuits against the federal government. The peak of the federal court system is the Supreme Court of the United States, which was formed from nine justices who sit together in listening to these cases. Its discretion, the U.S. Supreme Court will hear an appeal, may appeal from the circuit federal appeals courts, as well as to be performed by the highest courts of the country if the appeal concerns the United States Constitution or federal law.