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Legal Issues Concerning Cell Phone Jammers

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3:17 pm 3:17 pm

There are legal issues involved in using and selling cell phone jammers. It is legal with some restrictions in a few countries however, illegal in countries like US, UK, Australia etc. Some of the radiocommunication services that are affected by cell phone jammers are:

Multichannel voice communication that use point-to-point data transmission
Broadcasting links
Studio-to-transmitter links
Cordless telephones
Wireless LANs
Low-power devices
United States of America
Cell phone jammers are illegal in the US. The Federal Communication Commission of United States, outlawed the use and sale of cell phone jammers. The spectrum of the air waves is licensed and using it, is illegal. According to the section 302 a(b) of the Telecommunications Act of 1996, FCC declared that cell phone blocking is illegal. The section 333 of Communications Act of 1934, strictly declares that “no person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed”. A cell phone jammer is one of the devices mentioned in this act. The main reason why cell phones are made illegal by FCC is because many cell phones are used to call 911 services during emergency. The requirements of Enhanced 911 regulations of FCC “are intended to improve the reliability of wireless 911 services, by requiring wireless carriers to provide emergency dispatchers information on the location from which a wireless call is being made”. However, cell phone jammers are used by police and military forces. If a person in the US, illegally possesses a cell phone jammer, he will fined with $11,000 or 1 year imprisonment. READ MORE

Types of False Imprisonment

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2:48 am 2:48 am

Any type of action that compromises the liberty of the victim, can be termed as false imprisonment. Depending on the nature of “boundary” or restriction imposed on the victim, cases of false imprisonment come under different types. In most cases of false imprisonment filed in court, the restriction consists of physical boundaries such as an enclosed room with closed doors and windows that the victim is unable to escape from or that the victim is bound to a chair or any other piece of furniture. Sometimes, the perpetrators may use false legal authority to impose boundaries that confine the victim within the restricted area. In simple words, this means that the they pose as lawmakers and threaten hapless people, turning them into victims of false imprisonment. Another way of imposing false imprisonment is by threat, as we saw in the example of the robbers in the bank. Note that false imprisonment does not only include restricting a person within the confines of a building but also modes of transport such as cars and even airplanes.

Exceptions to the Law of False Imprisonment

The laws for false imprisonment have a few exceptions, which means that not every forceful detention is against the law. But why so, you may ask. Well, this is to aid legal procedures and ensure that they are faster. What are they and how in the world do they help the law? Read ahead to find out.

Law enforcement exception
Have you ever seen police personnel detain people who they suspect to have committed a crime? Now, the police do not have sufficient proof against these guys when they arrest them, do they? Yet, if they release them and these people go on to prove guilty later on, it would be next to impossible to find them. It is due to this reason that police have been bestowed with the power to detain people they suspect till the time they are proved innocent. The objective is to prevent the miscreants from escaping the police and the law.

Shopkeeper’s Privilege READ MORE

What are the Types of City Government

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5:31 am 5:31 am

The type of local governments varies in different parts of the country. However, most of them have a similar structure, with a central council, which is elected by the voters, an executive officer and heads of the different departments. Although there exists a charter, which talks about the power and objectives of the city government, they have to work in close contact with the state and the federal government. The three different types of city governments are:
•Mayor Council
•Commission
•Council Manager
Mayor Council – Type of City Government
The oldest type of city government is the mayor council kind of government. This city government type apes the state and federal government structure, where there is an elected chief of the executive branch and there exists a council to help the chief with the administration. The heads of the different departments are appointed by the mayor. However, it is the mayor who is the face of the city government. The authority given to the mayor may differ from one city to another. In some cities, the mayor may have the veto powers, with which he will be able to veto laws passed by the council, while in other cities, the mayor will need the approval of the council. Preparing the budget of the city is the task of the mayor. The purview of the city council is the laws governing the local issues.

Commission
As the name suggests a commission comprises of three or more elected members from the city. The legislative as well as the executive functions rest with this group of officials. The laws and ordinances are set and passed by the commission working as one single team. There is a commissioner, who is entrusted with the job of supervising work in one or more city departments. In most cases the commissioner is elected by the voters often with nonpartisan election system. In some cities, a mayor may be elected from the council, but it is merely a decorative or ceremonial post.

Council Manager
The council manager is one of the city government types, where the chief executive officer is not elected, but appointed by the council members. Normally a highly trainer and experienced person is chosen for the job. The policies and ordinances are made by the council, but it is the professional manager who is responsible for implementing the policies. The day to day administration is carried out by the appointed manager. The task of making a budget for the city is the task entrusted to the city manager. The manager holds the post as long as he enjoys the faith of the council, as there is no set term for the manager.

Civil Litigation Procedure

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2:59 pm 2:59 pm

Pleading
The process of a civil litigation starts with the plaintiff lodging a complaint against the defendant. This stage is known as the pleading stage. It gives the defendant an option to fully go through the complaint and contest certain elements of the complaint, which he feels are irrelevant or frivolous. If the defendant is able to convince the court that the language of the complaint needs to be amended, then the court may direct the plaintiff to rework the complaint so that it can be refiled.

Discovery
After pleading, the next stage in the civil litigation process is known as discovery. In this process, each side comes up with substantial evidence to support their claims. This stage also marks the interaction between both the parties and their lawyers as the contesting parties are allowed to check the supporting evidence and questions. Normally, the questions are either asked through written or oral format, known as interrogatories and deposition respectively.

Motion of Summary
The next step in the process of civil litigation is a motion of summary judgment. This motion is filed by the defendant to claim that the evidence presented by the plaintiff is insufficient and does not support the claim against the defendant. The court considering all the evidence that is presented by the plaintiff, has to decide whether the lawsuit will be entertained or abandoned. In case the lawsuit is rejected by the court, the plaintiff has the option to file the complaint in a higher court.

Trial
If the motion of summary judgment is in the favor of the plaintiff, then the next step in the course of a civil litigation is that the defendant needs to stand on trial. Usually, both the parties try to seek out a middle path to the conflict by taking the help of a mediator. Not only does this allow to settle the matter quickly, but it also saves a lot of time and money that goes into a trial. If the concerned parties are not able to reach an agreement, even after having mutual discussions, then there is no other option for the court but to start a trial procedure. The trial starts with the clerk of the court nominating individuals who can act as jurors in the case. These individuals are interviewed by the trial judge and the respective attorney, so that ambiguities if any, can be looked into. When both parties agree on the composition of the jury, the jury members are given an oath, and the formal trial begins.

Closing arguments
With the commencement of the trial, each side presents their case, after which the court allows the attorneys from both sides to have closing arguments. This is the ultimate time for the attorneys to convince the jury members to decide in their favor. The jury members too are briefed by the trial judge on the relevant laws that might be applicable in the case.

Political Effects of New Deal

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1:53 pm 1:53 pm

Even though there is no questioning the efforts of President Franklin D. Roosevelt, one has to ponder on whether the New Deal was really of any help or did it cause more damage than help. Even today the success of New Deal is a topic of raging debate, which has left the leading economists of the world divided into two groups – those who think it was successful and those who think it failed miserably (In fact, the second group even argues that the New Deal was responsible for aggravating the economic crisis in the United States.). By and large, the effects of New Deal revolved around the changes it brought about on the political and socioeconomic front in the United States of America.

Political Effects of New Deal
On the political front, it made Americans realize how the Federal government works and why its presence is important in smooth functioning of the nation as a whole. Before Great Depression, the Federal government was not of much importance for the citizens as Federal regulation of stock market or programs like social security and farm subsidy programs didn’t exist back then. The introduction of such programs as a part of New Deal made people realize why Federal administration is important.

The New Deal also brought about a political realignment in the United States; wherein the Democratic Party – with its liberal ideas, got a majority in the House. (In fact, the Democrats ruled the White House for seven out of the nine presidential terms between 1933-1969). The Republican Party, on the other hand, was divided over the issue with some Republicans opposing the entire New Deal as bad for business and growth, and some accepting it in part. These changes in the American politics brought to the surface the concept of New Deal Coalition which dominated the US elections until 1960s.

Socioeconomic Effects of New Deal
On the socioeconomic front, one of the most prominent effect of this deal was the fact that Federal government was given more powers for regulating the economy, and this in turn allowed the government come up with policies for the welfare of nation as a whole. This deal came as a boon for American farmers in particular, with programs like the Farm Credit Administration and Agricultural Adjustment Act helping them resolve issues like overproduction, fall in market prices etc., with ease. The New Deal also marked the beginning of several social programs which were directed at the welfare of people and growing power of labor unions. Several agencies, including the Works Progress Administration (WPA) and Civilian Conservation Corps (CCC), provided employment to many people across the United States, and also contributed to public works during that period.