Day: June 29, 2016

What is Due Process? Basic Rights and Fundamental Fairness

You may hear the phrase “due process” in the media whenever a prominent criminal case is in the news, but where does it come from and what does it really mean?

Where is Due Process Found

Due process is a constitutional principle that our government must follow before it may take a person’s freedom or property. The 5th Amendment states, “nor shall any person be subject for the same offense to be twice guarantees due process from the federal government, stating no person shall “be deprived of life, liberty, or property, without due process of law.” The states are required to provide due process because the 14th Amendment states, “Nor shall any state deprive any person of life, liberty, or property, without due process of law.”

What is Due Process

A simple definition means due process requires notice and an opportunity to be heard before adverse action is taken against you. In criminal cases examples of due process include the need for probable cause to arrest someone and that a criminal defendant is presumed innocent until proven guilty by an impartial judge or jury. Due process does not just exist in a criminal trial, any time a person’s property interest may be taken due process protections also apply.

The courts have ruled that possessions such as a government issued license and even civil service jobs are property, which may only be revoked after a hearing. A quasi governmental organization like a homeowner’s association is also subject to due process requirements. If a homeowner’s association wants to fine a resident for bylaw violations such as excessive noise or because their house paint is the wrong color a hearing must first be held where the resident is given the opportunity to be heard.

Fundamental Rights

In addition to the “procedural due process” rights described above, which governs how the government must act, the constitution also guarantees “substantive due process” rights. While substantive due process is sometimes a difficult concept, it basically means that there are certain rights we hold to be so fundamental in our society that laws attempting to restrict them may be deemed to be unconstitutional. These “substantive rights” are considered to be so fundamental that they enjoy protection even if they are not explicitly mentioned in the Constitution. Even if procedural due process is followed in enacting and enforcing the law a substantive right “vetoes” the law.

Right to Privacy

The federal Constitution does not contain a right to privacy, but the courts have ruled that it exists. Our substantive due process right to privacy is the reason that the Supreme Court has prohibited the federal and state governments from enacting laws that completely restrict an adult’s choice to have an abortion, buy contraceptives or engage in consensual sex. The substantive due process right to marry has formed the basis for striking down laws prohibiting interracial marriage nationwide and gay marriage in Massachusetts. In Goodridge v. Massachusetts Department of Public Health the state Supreme Court ruled that excluding gay …

What Are the Different Features of Complaint Letter Sample?

Need for drafting a complaint: There are many scenarios in which you may be required to lodge a complaint against any individual or an organization. Such scenarios may arise when you receive a poor quality product or there is any deficiency in the services of the service provider. It is quite possible that you are harassed by a government employ on one pretext or the other. In such situations, you would need to send a complaint letter to a representative of the company or the concerned government department.

How to use a complaint letter sample: When you need to draft a complaint you can take the help of a complaint letter sample. It would be separated into relevant sections such as address and designation of the person to whom you are sending the letter, subject and salutation etc. You would find that it would be available in different formats which are suitable for different departments such as commercial organizations and government offices.

In such a complaint letter sample, you may even find some sample text with necessary space for entering the name of the company, product or service name, date and cash receipt number etc. You can change the relevant text easily and fill out the details which are related to you. Use of email is not advised as there are dedicated customer care executives or secretaries in every company who are given the responsibility to handle the emails. In this way, you way get entangled in the red tape and resolution of your complaint may take some time.

Where to find the samples: You can find such a sample at number of websites. It is quite possible that you find a sample which caters exactly to your requirements. All you would need to do is to make the necessary entries and your work would be done in a matter of minutes. Do take care to address the letter correctly so that it has maximum effectiveness.…

Insurance In Tort Laws

INTRODUCTION

This project has been an eye opener for me. It is extremely relevant to the modern times and as the future of India we should understand that it is the common mass that runs the country. Consumer protection rights are an important issue in modern days. The law can be effectively used to stop any abuse of the common people especially illiterate masses who do not understand the rules and regulations which is to be followed while buying particular item. It is law, the controller of the entire society which can stop this abuse from taking place. It can place effective standards guiding a product’s genuinity and the proper verification of its price. No extra taxes should be issued according to the seller’s wish. I have proceeded by referring to the books written by Avtar Singh, Venkat Rao and others. It has been a wonderful and educational delight in going about this topic and making a project which is of greatest importance in the present day scenario.

DEFINITION OF CONSUMER

The words “consumer”, “consumed”, “consumption” is all cognate, and when one is defined, the contents of the definition go into all of them wherever they occur in the same act.

Section 2 of the act wherein ‘consumer’ is defined. According to him, the definition of the consumer will not take a client who engaged the advocate for professional services.

Consumer means any person who-

– Buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system or deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly promised or under any system of deferred payment when such use is made with the approval of the person, but does not include a person who obtains such goods for resale or for any commercial purpose

– Hires or avails of any services for a consideration which has been paid or promised or partly paid or partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for the consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial support

In Black’s Law Dictionary it is to mean:

One who consumes. Individuals who purchase, use, maintain or dispose of products and services. A member of that broad class of people who are influenced by pricing policies, financing practices, quality of goods and services, credit reporting debt collection and other trade practices for which the state and federal consumer laws are enacted.

OBJECTVES OF THE ACT

The act is dedicated, as its preamble shows, to provide for better protection of rights of consumers and for that purpose …

Applying For a Government Job – How to Nail Your Cover Letter For Positions With Selection Criteria

Applying for a government job is a bit like doing a jigsaw puzzle. It’s sometimes difficult to work out how to fit the pieces together to create the right picture. Many organizations require you to complete a Cover Form or Application Form, so do you need to supply a cover letter as well?

YES, you do!

This is because a cover letter provides another opportunity to ‘sell’ yourself. It provides the chance to highlight your achievements and show the employer how your experience and skills can help them to achieve their goals.

Here’s an easy step-by-step guide for writing a cover letter for a role that includes selection criteria:

  1. Put the job title and vacancy reference number under the date in bold, e.g. Re position: Customer Service Officer (A03) VRN: 335/06.
  2. Find out the name of the person who will be reading your application and personally address your letter, checking that you have the correct spelling and title. (If you don’t know the person’s name, use ‘Good morning’ as the greeting rather than the deadly dull ‘Dear Sir or Madam’.)
  3. In the first paragraph state where and when you saw the advertisement, the reason for the letter and what you are including in your application. e.g. I wish to apply for the position of ‘Customer Service Officer’ as advertised on the Careerone website on 25 August 2009.
  4. In the second paragraph, state what you are including in your application. e.g. To support my application, I have included my responses to the selection criteria, a copy of my résumé and three referees who can vouch for my work performance.
  5. In the third paragraph, refer to your qualifications, skills and experience to explain how you match the requirements of the position. e.g. I hold a Diploma of Frontline Management and have five years’ experience in customer service roles.
  6. In this paragraph, include a few of your key achievements and use a quote from ‘secret sales documents like appraisals and written references to build credibility and ‘sell’ your claims. e.g. I am confident that I have the skills and experience to be an asset in this role. In my last appraisal, my manager states: ‘Mary has built strong relationships with our clients, resulting in a 43{512b763ef340c1c7e529c41476c7e03bc66d8daea696e1162822661d30dde056} increase in sales.’
  7. Finish with a strong close, as if you expect to be selected for an interview. e.g. I look forward to discussing this position with you in an interview.
  8. For hard copy applications, personally sign your letter and type your name below your signature. For online applications, you can use a different font to indicate you’ve signed your letter or use a digital signature.
  9. Add ‘enc.’ at the bottom of your letter. This means ‘enclosure’ and is used if you are adding other documentation such as a résumé and selection criteria statement.
  10. Proofread for errors in spelling, grammar, typos, phone numbers, email addresses, postal addresses, job titles, and so on. Your application must be 100{512b763ef340c1c7e529c41476c7e03bc66d8daea696e1162822661d30dde056} error- free.
  11. Keep the letter to one page in length.
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