Nature of Law term paper

Author: Sharon White

Law term paper writing is very different from other social science paper writing. There are lots of things demanded from the student beyond and above the mere fact of being a student. Why must this be so? It is of common notice in the legal field that there is no significant difference between a law student and the practicing lawyer. While the student is aiming to validating his or her courses, the practicing lawyer’s main aim is to make money. For this reason, any law student writing an end of course paper must write as a professional.

Law papers are also noted for their distinct nature of topic. The topic of any law manuscript should not be direct. The topic is very challenging and most of the times it appears in the form of a question. Most topics in law papers are usually on current and unchanged issues. For example, you may be attempting to prove that a particular section of the law is not longer up to date or that a particular legal decision might open a floodgate of legal actions. The topic can appear in this form: the retrospective effect of section 11 of the 1999 Consumer Protection Act, or Is Section 11 or the 1999 Consumer Protection Act good law? It will be unwise to write on an amended issue. An end of course law paper can be of any type, but must be limited to the law curriculum. The paper can also take the form of an argumentative or analytical paper, but it must never be descriptive. In law, there is no need for a description.

A document in law must normally have an introduction, a body and a conclusion. A write-up in law is not over dependent on facts. You are not writing history or facts. You are writing the law. Facts have little to do in this lecture. You must only state the facts briefly and then proceed to apply the law. The normal procedure is to bring out the facts, state the law relating to the facts and apply the law to that situation. There is no balancing of thoughts or hanging on the fence in any law essay. You must take one decision as a judge.

Another thing to be noted when composing a law paper is that not every part of the law is relevant to the work. In law, there is what is called case law or judge-made law and statute or codified law. There is also the ratio decidendi and the orbiter dictum of a case. Cases in law are decided following previous cases. The ratio decidendi is the binding force in any case law and an orbiter dictum is a statement of law in any judgment which could not logically be a premise on the selected facts of the decision. What is required in legal reasoning is the ratio decidentdi or the binding force in a case.

A legal writer must also know that law is one of the fields with its own distinct terminologies. Law has a longstanding tradition of using Latin phrases. The usage of this is a must; else the paper becomes an English paper. Examples of words include ratio decidendi (for binding force), caveat emptor (let the buyer beware), and he stood in loco parentis (meaning he was acting in place of the parent). These and so many other expressions are what qualify a law paper as a law paper.

Law term paper also provides for a distinct form of citation. When quoting a law, you normally use section, ordinance or article to refer to a particular provision. The words section, ordinance and article are written in full when they appear at the beginning of a sentence. When they appear in the sentence, they are abbreviated as art (for article), sect (for section) and ord or Or (for ordinance or order) and must be followed by a colon or a full stop for Order. For example sect: 72 of the 1999 Constitution, art: 24 of the 1986 Company Act and Or.2 or the Civil Procedure Rules.


Sharon White is a senior writer and writers consultant at term papers. Get some useful tips for
law term paper and
term paper writing.

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Payroll Nevada, Unique Aspects of Nevada Payroll Law and Practice

Author: Charles J. Read

Nevada has no State Income Tax. There for there is no State Agency to oversee withholding deposits and reports. There are no State W2's to file, no supplement wage withholding rates and no State W2's to file.


Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Nevada cafeteria plans are taxable for unemployment insurance purposes. 401(k) plan deferrals are taxable unemployment purposes.


Nevada doesn't have income tax.


The Nevada State Unemployment Insurance Agency is:

Employment Security Division
500 E. Third St.
Carson City, NV 89713
(775) 687-4510
www.detr.state.nv.us/es/es_index.htm

The State of Nevada taxable wage base for unemployment purposes is wages up to $22,000.00.


Nevada has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in Nevada for a minimum period of four years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.


The Nevada State Agency charged with enforcing the state wage and hour laws is:

Department of Business and Industry
Office of Labor Commissioner
555 East Washington Avenue
Las Vegas, NV 89101
(702) 486-2750
http://www.laborcommissioner.com/

The minimum wage in Nevada is $5.15 per hour.


The general provision in Nevada concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 8-hour or 40-hour week (10-hour day, 4-day week if agreed to).


Nevada State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:


Employee's name

Employee's address

Employee's social security number

Employer's name

Employers address

Employer's Federal Employer Identification Number (EIN)


This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a $25.00 penalty for a late report in Nevada.

The Nevada new hire-reporting agency can be reached at 888-639-7241 or 775-684-8685 or on the web at http://detr.state.nv.us/uicont/uicont_newhire.htm


Nevada does not allow compulsory direct deposit

Nevada requires the following information on an employee's pay stub:


itemized deductions



Nevada requires that employee be paid no less often than semimonthly; FLSA-exempt employees paid by out-of-state employers can be paid monthly.

Nevada requires that the lag time between the end of the pay period and the payment of wages earned from 1st-15th, pay by end of month; 16th-end of month, pay by 15th of next month to the employee.


Nevada payroll law requires that involuntarily terminated employees must be paid their final pay immediately and that voluntarily terminated employees must be paid their final pay earlier of next regular payday or 7 days.


Deceased employee's wages must be paid when normally due to the surviving spouse or distributee after affidavit of right is shown; 40 days after death; and if the estate is not over $20,000.


Escheat laws in Nevada require that unclaimed wages be paid over to the state after one year.


There is no provision in Nevada law concerning record retention of abandoned wage records.

Nevada payroll law mandates no tip credit may be used against State minimum wage.


There is no provision in Nevada law concerning tip credits against State minimum wage.

In Nevada the payroll laws covering mandatory rest or meal breaks are only that all employees must have 30 minutes rest after eight hours of work; 10 minutes rest after 4 hours.


Nevada statute requires that wage and hour records be kept for a period of not less than two years. These records will normally consist of at least the information required under FLSA.

The Nevada agency charged with enforcing Child Support Orders and laws is:

Child Support Enforcement Program
Human Resources Division
100 N. Carson St.
Capitol Complex
Carson City, NV 89701-4717
(702) 687-4744
http://www.hr.state.nv.us/

Nevada has the following provisions for child support deductions:


When to start Withholding? 14 days after receipt of order.

When to send Payment? Within 7 days of Payday.

When to send Termination Notice? "Promptly"

Maximum Administrative Fee? $3 per payment; $2 per payment to state treasurer.

Withholding Limits? Federal Rules under CCPA.





Please note that this article is not updated for changes that can and will happen from time to time.


Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years,
the last fifteen in private practice. Mr. Read is the author of "Tax and Accounting Issues
in Forming a New Business."

To find professional payroll services at a budget price go to www.payrollonabudget.com
a paperless payroll company.

For a full service payroll bureau with CPA's on staff visit www.CustomPayroll.com .

See an excerpt of Mr. Read's interviews from William Shatner's "Heartbeat of America"
television show on the web sites linked above.


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Source: http://www.articlealley.com/article_72048_15.html

Payroll Pennsylvania, Unique Aspects of Pennsylvania Payroll Law ...

Author: Charles J. Read

The Pennsylvania State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:

Department of Revenue
Bureau of Business Trust Fund Taxes
Employer Tax Division
Department 280904
Harrisburg, PA 17128-0904
(717) 783-1488
www.revenue.state.pa.us/


Pennsylvania does not have a state form to calculate state income tax withholding.


Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Pennsylvania cafeteria plans are not taxable for income tax calculation if used to purchase health or life insurance; taxable for unemployment insurance purposes. 401(k) plan deferrals are taxable for income taxes; taxable for unemployment purposes.

In Pennsylvania supplemental wages are taxed at a 3.07% flat rate.


You may file your Pennsylvania State W-2s by magnetic media if you choose to.


The Pennsylvania State Unemployment Insurance Agency is:

Department of Labor and Industry
Office of Employment Security
Seventh and Forster Sts.
Labor and Industry Bldg.
Harrisburg, PA 17121
(717) 787-7613
http://www.dli.state.pa.us/landi/site/default.asp

The State of Pennsylvania taxable wage base for unemployment purposes is wages up to $8000.00.

Pennsylvania requires Magnetic media reporting of quarterly wage reporting if the employer has at least 250 employees that they are reporting that quarter.


Unemployment records must be retained in Pennsylvania for a minimum period of four years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.


The Pennsylvania State Agency charged with enforcing the state wage and hour laws is:

Department of Labor and Industry
Bureau of Labor Law Compliance
Labor and Industry Bldg., Rm. 1301
Seventh and Forster Sts.
Harrisburg, PA 17120
(717) 787-5279
http://www.dli.state.pa.us/

The minimum wage in Pennsylvania is $5.15 per hour.


The general provision in Pennsylvania concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 40-hour week.


Pennsylvania State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:


Employee's name

Employee's address

date of hire

Employee's social security number

Employer's name

Employers address

Employer's Federal Employer Identification Number (EIN)


This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, or fax.
There is a written warning penalty for a late report in Pennsylvania, $25.00 for later violations, and $500 for conspiracy.

The Pennsylvania new hire-reporting agency can be reached at 888-724-4737 or on the web at www.panewhires.com


Pennsylvania does not allow compulsory direct deposit


Pennsylvania has no State Wage and Hour Law provisions concerning pay stub information.

Pennsylvania requires that employee be paid on regular paydays designated in advance.


Pennsylvania requires that the lag time between the end of the pay period and the payment of wages to the employee not exceed fifteen days.


Pennsylvania payroll law requires that terminated employees must be paid their final pay by next regular payday (by certified mail if employee requests).


Deceased employee's wages of $5,000 must be paid to the surviving spouse, child, parent, or sibling (in that order).


Escheat laws in Pennsylvania require that unclaimed wages be paid over to the state after three years.


There is no provision in Pennsylvania law concerning record retention of abandoned wage records.

Pennsylvania payroll law mandates no more than 45% of minimum wage may be used as a tip credit.


In Pennsylvania the payroll laws covering mandatory rest or meal breaks are only that minors under 16 must have 30 minutes rest after five hours of work.


Pennsylvania statute requires that wage and hour records be kept for a period of not less than three years. These records will normally consist of at least the information required under FLSA.

The Pennsylvania agency charged with enforcing Child Support Orders and laws is:

Bureau of Child Support Enforcement
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105-2675
(717) 787-1894
* www.pachildsupport.com/

Pennsylvania has the following provisions for child support deductions:


When to start Withholding? First pay period after 14 days from service.

When to send Payment? Within 7 days of Payday.

When to send Termination Notice? "Promptly"

Maximum Administrative Fee? 2% of payment.

Withholding Limits? Federal Rules under CCPA.





Please note that this article is not updated for changes that can and will happen from time to time.



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Source: http://www.articlealley.com/article_73793_15.html

Letting Go With the Law of Attraction

Author: Beth McCain

When I woke up this morning, I had every intention of having a wonderful day. Then I crawled out of bed.

I stepped on a toy that had been left on the floor and then there wasn’t any hot water. Go figure. “Okay,” I said to myself, “I will start the day again and I will have a good day”.

Maybe I should have stayed in bed.

I went downstairs and the cat had been sick; by the looks and smell of it, apparently all night long. My husband was sitting at the table waiting for his breakfast and avoiding the cat mishaps by putting his feet up on the chair next to him. Go figure.

I gritted my teeth and muttered once again, “I am going to have a good day.”

“Did you say something honey?” my restaurant customer asked innocently.

“Are you having a hard morning?”

As I was taking the whole roll of paper towels to clean up Donkey’s accidents, I growled to Lee, “Yes, I am having a hard morning. I don’t want to admit that, but yes.”

“Hey, Babe, just let it go. The feelings I mean. Let them go. They aren’t doing anything for you. I’ll get breakfast.”
So Mr. Saint decides to make breakfast and I soften. I realize that my husband was my sage this morning. Just let it go. How true is that?

It’s amazing what can happen to your day and your life when you do decide to just let situations or things go. It truly is that easy. And letting go gives you the chance to start again, as many times as you want. Why hang on to the angry frustrated feelings when letting go can make them all go away.

Lee, by just saying the words ‘let it go’ with no judgment provided a freeing feeling for me. I had put so much pressure on having a good day that I seemed bound and determined to make the day exactly the opposite. Another example of the Law of Attraction.

Letting go is an amazing feeling. When you are trying to control situations around you and you seem to be fighting against an invisible force, the act of letting go breaks the control hold.


Are there situations that you can let go today? Maybe the barista at the local coffee shop gets your coffee wrong for the fifth day in a row? Send the coffee back again and then let it go. Don’t relive the situation over and over by retelling every colleague at work. You are only confirming that it will happen once again. Just let it go. Don’t repeatedly speak of the mistake. Truly let it go. You will be amazed by the results as your week moves forward.

The Law of Attraction will work just exactly as you feel, and letting go is a great start.

Looking back on my morning, while I believed I was determined to have a good day, in fact I woke up with a chip on my shoulder. Once circumstances started attracting to me the way I was feeling, the feeling of injustice and crabbiness came back to me. Even though I was saying and thinking I was going to have a great day, my feelings were what got the day moving in the direction I did not want it to go.

Lee was the one, with that little phrase, who snapped me back into my reality. Let the control go, let the chip on the shoulder go, let the feelings of injustice go, let the crabbiness go, and look toward the feelings that can make your day a whole lot better: love and kindness.

So I gave Lee a peck on the cheek and told him how much I appreciated him, (even though I do wish he had cleaned up Donkey’s accidents) and I picked up my little black feline who seemed to be feeling much better now. “I love your furry legs.” He gave a little mew and licked my nose. I let go the bad smell of his breath and gave him a squeeze, right about the time Lee called out from the other room, indignant. “Furry legs! I don’t have furry legs!”

Thanks to letting go, I was going to have a good day after all.

Beth and her husband, Lee, are instructors and lecturers in applying the Law of Attraction in your life.
Please visit: http://www.bethandleemccain.com




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Are Your General Motors Sliding Doors a Problem? Lemon Law advice ...

Author: Dinkum Interactive

You could have a lemon law claim! Read this important consumer alert for drivers of the Chevrolet Uplander, Saturn Relay, Buick Terraza, and Pontiac Montana.

Imagine driving in your minivan with your children when all of a sudden the sliding door pops open, putting you and your family at risk. More than 2 dozen complaints have been filed with the national Highway Traffic and Safety Administration from drivers with faulty sliding doors with General Motors minivans, most notably the Chevrolet Uplander. Other vehicles being complained about include the Buick Terraza, the Pontiac Montana and the Saturn Relay. Despite these complaints, there has been no recall Consumers have complained of having the door pop open at speeds exceeding 45mph. Most complaints filed have dealt with 2005-2006 models.

According to on-line reports, GM has previously said there is a quick fix for the problem and they have issued a preliminary report to the service managers on how to fix the issue, blaming it on doors sensors being affected by debris, but there are plenty of consumers who are returning to the dealer time and time again, only to hear that the service manager can't diagnose and/or fix the problem.

Kimmel and Silverman has handled over 100 sliding door case similar to this in the past two years, and says the problem is not limited to GM. These cases have resulted in full or partial refunds for our clients. The frustration lies in the fact that GM is not issuing a voluntary recall on the problem.

If you find that you are dealing with an intermittent sliding door problem, be as specific of when the problem is happening--how fast are you traveling? What are the road conditions? What are the weather conditions? Do you have problems closing the doors? Does the door lock? All of this information is very important to the service department when it comes to diagnosing the problem.

Make sure that each time you pick up your vehicle, you receive a repair invoice which clearly outlines your complaints and the repairs. Once you have three or more repair invoices for this problem, contact a specialist Lemon Law firm in your state. For further information, a useful resource targeting General Motors issues, check out www.gmproblems.com where you will be able to find further information on some well known mechanical issues including water leaks, brake rotors and sliding doors.


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For more information on the GM sliding doors lemon law and free legal representation, call 1-800-LEMON-LAW (1-800-536-6652) or visit http://www.lemonlaw.com.