Wisconsin Contract Law

As a business owner, it is likely you enter into contractual relationships each day. Many of you cope with written contracts with a fairly regular basis. However, would you understand the basic concepts of contract law and have no idea of legally binding contract? Do you know excellent customer service when reviewing contracts cooked by the other party, or perhaps your own attorney which make it a legally binding contract?

Under Wisconsin contract law, legally binding contracts, whether oral or written, require three basic components: offer, acceptance, and consideration. An “offer” mandates that one party provides provide something of worth to another party, that is then “accepted” by that other party. “Consideration” ‘s what the two parties are obligated to switch with each other within the contract. Consideration should be something of worth, and also the consideration has to be mutual, i.e. both parties must provide something worthwhile under the agreement. For example, a legal contract whereby an event agrees to spend you $1,000.00, without receiving anything inturn, is actually definition not really a contract.

Typically, consideration takes the shape of money paid in return for the production of goods or services. This does work for multi-million dollar transactions between international conglomerates, and once you take your car or truck in for repairs using a mechanic. One corporation agrees to pay for millions of dollars for the next corporation to formulate specific software or some other product, and you also pay your mechanic to switch your spark plugs. In either case, we have an offer, acceptance, and consideration, and for that reason an enforceable and legally binding contract. Keep in mind, however, that legally binding contracts might need consideration in addition to money, for instance when two parties agree to change parcels of property.

Under Wisconsin contract law, all contracts come with an implied duty of “good faith and fair dealing” from both parties towards the contract. While this is admittedly a fairly broad phrase, in simple terms it means that, once a binding agreement has been reached, all parties have an obligation to create reasonable efforts to satisfy their respective obligations, and also to avoid taking actions that could hinder the performance from the contract.

Parties to contracts hold the right to enforce them in courts of law. Generally, the remedies for breach of contract take 1 of 2 forms, either specific performance or monetary damages. Specific performance is definitely an equitable remedy quite often awarded within the involving real estate investment transactions, and consists from the Court ordering the breaching party to meet its obligations, i.e. “specifically perform” anything.

In many cases, the fix for breach of contract is money damages, usually in the sort of “consequential” damages. Consequential damages are the type damages that flow naturally derived from one of party’s breach of any contract, and will include the cost to exchange a product which was never delivered, the purchase price to repair a defective product, and then for any resulting lost profits. However, consequential damages should be “reasonably foreseeable” at the time the agreement was created to be recoverable.

With certain exceptions, oral contracts might be just as valid and legally binding as being a written contract. As an attorney, I recommend that if possible, contractual obligations be set forth in the written document signed by both sides. As a general rule, courts must look only at the written contract itself to interpret the parties’ obligations, unless there is certainly some ambiguity in the agreement. In the absence of any written agreement, or when an ambiguity exists within a written contract, the judge may browse extrinsic evidence, like the testimony in the parties, to ascertain their intent. In other words, the judge and the jury is going to be determining the fate on the parties, as opposed towards the parties themselves. Therefore, written contracts that clearly define the obligations on the parties are nearly always preferable to oral contracts.

I will close which has a suggestion. Never overlook the “boilerplate” language you often find at the conclusion of contracts. While these provisions may seem like an afterthought added because of the attorneys to generate the contract longer, they are usually of vital importance, specifying among other things where written notices (one example is, terminating anything) should be sent in the contract, to when a lawsuit need to be filed and what jurisdiction’s laws will govern the agreement. While it is vital that you review the detailed provisions on the contract, it can be in the same way important to comprehend the “standard” provisions at the end from the contract.


Importance of Law Enforcement

Without proper police force, the rule with the law means nothing. There would be no-one to protect you harm and violence. Humans are social creatures, so we tend to reside in cities, villages, and communities, where interaction among our peers is actually inevitable. Unfortunately, there would generally be people who would not respect your rights being a human being, or wouldn’t normally do their social, financial, and moral responsibility to be a citizen. They will seek to steal of your stuff, threaten you, and take full advantage of you. That necessitates for that role on the police being individuals who would enforce regulations, by catching or deterring people that would violate the rules from the law, and to shield your rights being a citizen.

Without police force, if somebody do you wrong, then you’ve to take this individual yourself and haul him prior to the magistrate. Furthermore, when you came home and then see that someone had broken in and stolen your belongings, without law enforcement officials, there will be no police detective to look into. Moreover, the rich along with the powerful might employ a detective agency to acquire whoever committed crimes, nevertheless the poor might have no person to protect had they been victimized. If you have been hit with a car driven by the reckless driver, without police officers, they can do away with it. Of course, that will be aggravating upon you part. If the beer-gutted husband is smacking, beating, or verbally abusing his wife, without police force, the domestic violence might still carry on, as no police would not be there if your domestic violence will be reported. These are only few bar stools on sale other violations, that is done against you, nevertheless, we simply cannot deny how hugely important the role law enforcement officials plays these days.

The rule on the law identifies that a property is yours, and therefore nobody can enter into your property and go against your will. Moreover, the rule on the law likewise identifies that no individual deserves to be discriminated, may it be because of their race, epidermis, sex, and gender, and that people that would discriminate should be punished from the countries’ own respective law. Additionally, it dictates that corrupt officials, rapists, murderers, and thefts has to be punished. Furthermore, the rule from the law sees that, as being a citizen, you’ve got a responsibility to satisfy, and this you likewise have rights which have to be dutifully acknowledged, respected, and protected at all cost.


The Law of Attraction Versus the Law of Reversibility

Lately, I’ve been pondering which of such two laws might be more relevant in these times… The Law of Attraction and the Law of Reversibility?

In reality, they’re not in opposition, but alternatively they communicate in harmony.

Unless you’ve spent the recent past in total isolation, its more than likely that you’ve heard something regarding the Law of Attraction (LOA).

The basic premise from the LOA, is the fact that like attracts like. In other words, conditions you are experiencing inside your life are like a direct consequence of your dominating thoughts, both conscious and unconscious. Therefore, the Law is a work at in history, no matter what your knowledge of it or attention toward it.

In 2006, a cinematic release entitled “The Secret” helped to catapult the Law of Attraction in the mainstream. Many people that had been newcomers to your concepts with the Law mistakenly interpreted this content to show that all you had to do as a way to fulfill your desires ended up being “ask” for something, concentrate on it, and **POOF**, you’d magically understand!

…Just make a wish!

And sadly, some people (it mat be you?) have discounted the validity in the Law because they’ve neglected to achieve measurable is a result of their initial attempts at applying the concepts inside their lives.

But it’s actually not your fault…

The problem is the fact you weren’t taught anything regarding the Law of Reversibility. And without having a working expertise in THIS Law, your email address particulars are likely to become marginal, at best.

Yet it’s likely you have never even heard about The Law of Reversibility, right?

It’s somewhat tough to describe, just make sure officially “have it”, your health may do not be the same!

First, you need to realise that all transformations of force are reversible. (Heat is definitely an example of a transformation of force, along with electricity, or controlled imagination, therefore is cause-and-effect).

For example, if friction (a transformation of force) can produce electricity, then The Law of Reversibility dictates that electricity can produce friction. Is this making sense to your account?

To use it another way, in case a physical fact can make a psychological state, then IN REVERSE, a psychological state can make a physical fact.

And each and every this matter? Well…think on the implications…

If you knew just how you would feel if you realize your ideal or objective, and might replicate that feeling mentally, physically, and psychologically (determining your state of mind), then your Law of Reversibility would automatically cause your objective to become realized. Make sense?

Your job then, is usually to assume and sustain the complete feeling associated with your ideal or goal being fulfilled, until such time that your ideal objectifies itself. And so that you can sustain that feeling, you need to live, move, and BE for the reason that state of belief…

The belief which you already ARE or HAVE what we desire.

“Get it” yet?

Instead of just creating a wish and focusing on your desired outcome, I want you to visualize the feeling of your favorite luxury fulfilled, and after that continue to practice experiencing that feeling until everything you FEEL becomes your reality.


Eviction Services

Is tenant screening necessary? It is essential to screen tenants because nobody desires to have troublesome tenants for their property. It is only a number of fortunate landlords that do not have to go with the harsh eviction proceedings. Even a well-intended tenant may face the brunt in the economic recession and suddenly start defaulting on payments. In those cases, you may be left with not one other option except maybe requesting him politely to vacate the premises. In case he won’t do so, you should commence the legal technique of eviction.

Some with the common reasons

The laws of eviction not simply vary from one state to another they also differ from one county to a different within the same state. Under the following circumstances, eviction gets to be a necessity. You can utilize the power of Eviction Services. Rent will not be paid punctually, and in some cases when it is paid, a partial payment is created. Lots of illegal activities consider place on the premises from the property. There is non-compliance of rules for instance loud blaring of music, renting seem to tenants or keeping pets without right authorization. Some activities will be conducted that are posing becoming a threat on the safety in the landlord. In recent times, there is an increase in the volume of cases where landlords requested for evacuation of premises by tenants specially when they placed a request expensive housing repairs.

Excellent customer handling

Even in the event the tenant is mainly responsible for substantial physical harm to your property, it is far better not to tackle the matter by yourself. Engage the services of an expert agency doing Eviction Services. These services supplied by experts are fast and reliable, and perhaps they are involved from start to finish. They provide outstanding customer care and go ahead and take necessary steps that will put the control last your hands. For the home owner, this journey could be a harrowing one. You may be totally unclear about the whole process. So the primary objective with the professional eviction services would be to reduce the time you’ll want to invest in the full process, to answer all your queries also to assist you with the outcome you want to achieve eventually.

Broad variety of facilities offered

Most with the clients include the get a quick solution. These agencies have the capability of turning a troubled situation and rendering the process smoother and stress-free for that property owners for the extent possible. They offer stand-alone services to be able to clients at affordable rates. You can compare the pricing packages, and you should see the price of availing the help of an attorney is higher. You can make a one-time payment for the full process, or you can make payments in installments prior to the tenant is evacuated.


The New Lagos Tenancy Law

For a law to rights and obligations under tenancy agreements along with the relationship between your Landlord as well as the tenant such as the procedure to the recovery of premises along with other connected purposes in Lagos State.

The Lagos State House of Assembly enacts as follows:

General Application
1. Application of Law
2. (1) This Law shall connect with all premises within Lagos State, including business and residential premises unless otherwise specified
(2) This Law shall not sign up for:
(a) residential premises owned or operated by an educational institution due to its staff and students;
(b) residential premises shipped to emergency shelter;
(c ) Residential premises
(i) in a very care or hospice facility;
(ii) within a public or private hospital or possibly a mental health facility; and
(d) which is made available for the duration of providing rehabilitative or therapeutic treatment.

2. Jurisdiction from the Courts
(1) A Court shall have jurisdiction on application meant to it with a landlord or tenant or any interested person to find out matters in respect from the tenancy from a premises let before or following commencement of the Law.
(2) The jurisdiction of any Court shall not ousted because of the defendant or respondent starting the title associated with a other party.
(3) Proceedings might be brought under this Law for the High Court or on the Magistrates Court within the division or even the Magisterial District the place that the subject matter giving rise for the proceedings is positioned.
(4) Subject for the provision of the Law, a Court will likely be bound with the practice and procedure in civil matters within the Magistrates Court or High Court of Lagos State.

3. Tenancy Agreement
For the purposes with this Law, a tenancy agreement will be deemed to exist where premises are granted through the landlord to someone for value regardless of whether it is
(a) express or implied;
(b) oral or perhaps in writing or partly oral or partly written; or
(c) for just a fixed period.

4. Advance Rent
(1) It should be unlawful for any landlord or his agent to demand or receive coming from a sitting tenant rent well over three (3) months with respect of any premises.
(2) It will probably be unlawful for just a sitting tenant to provide or pay rent over three (3) months with respect of any premises.
(3) Any person who receives or pay rent well over what is prescribed on this section will probably be guilty of an offence and will probably be liable to a great of one hundred thousand naira (N100,000.00) as well as to three (3) months imprisonment or another non-custodial disposition.

5. Rent payment receipt
(1) As on the commencement in this Law, all landlords of premises shall upon payment of rent because of the tenants, need to issue a rent payment receipt thus to their tenants with respect of such payments.
(2) The receipt shall state the
(a) Date that rent was received;
(b) Name with the landlord plus the tenant;
(c) Location of premises with respect of which the rent is paid
(d) Amount of rent paid; and
(e) Period this agreement the payment relates.
(4) Any landlord who does not issue a rent payment receipt to his tenant as prescribed under this Section, will likely be liable to an excellent of 10,000 Naira (N10,000.00) payable for the Court.


6. Rights from the parties
(1) The tenants entitlement to quiet and peaceable enjoyment includes the legal right to:
(a) reasonable privacy;
(b) freedom from unreasonable disturbance;
(c) Exclusive possession in the premises, subject on the landlords restricted right of inspection and
(d) the application of common areas for reasonable and lawful purposes.
(2) Where a tenant while using previous consent in writing in the landlord, effects improvements about the premises plus the landlord determines the tenancy, this type of tenancy will probably be entitled to claim compensation for that effect improvements on quitting the premises.

6. Obligations with the Tenant
Subject to your provision for the contrary inside the agreement involving the parties, the tenant should be obliged to perform the following:
(1) Pay the rents for the times and inside the manner stated.
(2) Pay all existing and future rates and charges not applicable for the landlord lawfully.
(3) Keep the premises in good and tenantable repair, reasonable damage excepted.
(4) Permit the landlord and his awesome agents throughout the tenancy in any respect reasonable hours inside the day time by written notice, to look at the condition from the premises and effect repairs in necessary parts in the building.
(5) Not to make any alterations or additions towards the premises with no written consent with the landlord.
(6) Not to assign or sublet any part in the premises with no written consent on the landlord.
(7) Notify the landlord where structural or substantial damage has occurred to your part from the premises the moment practicable.

7. Obligations with the Landlord

8. Subject to your provision to your contrary inside agreement between your parties, the landlord will be obliged to accomplish the following:
(1) Not to disturb the tenants quiet and peaceable enjoyment in the premises.
(2) Pay all rates and charges as stipulated lawfully.
(3) Keep the premises insured against loss or damage.
(4) Not to terminate or restrict perhaps the most common facility or service for that use with the premises.
(5) Not to seize or interfere while using tenants use of his personal property.
(6) Effect repairs and look after the external and common parts on the premises.

9. Obligations of landlord regarding business premises only
Subject to the provision for the contrary inside the agreement between parties, a small business premises agreement will be taken to provide that the place that the landlord
(a) inhibits the access in the tenant on the premises in a substantial manner;
(b) takes any action that will substantially alter or inhibit the flow with the customers, clients and other persons with all the tenants business premises;
(c) causes or ceases to make reasonable efforts to counteract or remove any disruption to trading or utilization in the business premises which ends up in loss of profits to your tenant;
(d) isn’t able to have rectify once practicable, any breakdown of plant or equipment under his care and maintenance which ends up in loss of profits for the tenant; or
(e) does not maintain or repaint the exterior or perhaps the common parts on the building or buildings that the premises is comprised and after being given notice in writing with the tenant requiring him to rectify the situation, will not do so within such time as they are reasonably practicable, the landlord, is liable to pay towards the tenant such reasonable compensation as will likely be determined because of the Court, the place that the tenant effects the repairs or maintenance.

10. Service Charge, Facilities and Security Deposits
In any case the place that the landlord or his agent may as well as rent require tenant or licensee to repay:
(a) a burglar alarm deposit to pay for damage and repairs for the premises;
(b) for services and facilities with the premises; or
(c) service charges in flats or units that retain common parts within the premises, the landlord or his agent shall issue an independent receipt to your tenant for payments received the such tenant will likely be entitled to a written account at the very least every six (6) months on the landlord of how moneys paid were disbursed.

11. Provision for re-entry
Subject to
(a) any provision for the contrary from the agreement between your parties; and
(b) the service of process in accordance with all the relevant provisions on the Law, upon the breach or non-observance of any on the conditions or covenants in respect in the premises, the landlord shall have the ability to institute proceedings with an order to re-enter and figure out the tenancy.

12. Length of Notice
(1) Where there is not any stipulation as on the notice obtain by either party to find out the tenancy, the next shall apply
(a) a weeks notice for the tenant when needed;
(b) one (1) months notice for the monthly tenant;
(c ) three (3) months notice for just a quarterly tenant;
(d) three (3) months notice for the half-yearly tenant; and
(e) six (6) months notice for any yearly tenant.
(2) In the case of monthly tenant, where he could be in arrears of rent for three (3) months, the tenancy will be determined along with the Court shall make an order for possession and arrears of rent upon proof with the arrears with the landlord.
(3) In the case of an quarterly or half-yearly tenant, where they are in arrears of rent for six (6) months, the tenancy will probably be determined and also the Court shall make an order for possession and arrears of rent upon proof with the arrears through the landlord.
(4) Notice of tenants under subsection (1) ( ), (d) and (e) in this Section don’t need to terminate within the anniversary with the tenancy but may terminate on or following your date of expiration on the tenancy.
(5) In the case of the tenancy for any fixed term, no notice to quit will be required as soon as the tenancy has been based on effluxion of your energy and the location where the landlord plans to proceed to Court to recuperate possession, he shall serve a seven (7) days written notice of his intention to affect recover possession like Form TL4 within the Schedule on this Law.
(6) The nature of your tenancy shall, from the absence of a typical evidence to your contrary, be based on reference on the time if the rent is paid or demanded.

13. Notice to Licensee
Where you are a licensee and upon the expiration or withdrawal of his license, he refuses or neglects to stop possession he will be entitled to service of any seven (7) days notice in the owners intention to affect recover possession such as Form TL4 inside the Schedule to the present Law.

14. Notice needed for abandoned premises
(1) A premises is going to be deemed for being abandoned the location where the
(a) tenancy has expired; and
(b) tenant has not yet occupied the premises since tenancy expired and has never given up lawful possession in the premises.
(2) Following subsection (1) above, the landlord shall
(a) issue a seven (7) days notice with the landlords intention to recoup possession as prescribed in Form TL4, which should be served by pasting the notice around the abandoned premises; and
(b) pertain to the court on an order for possession with an order to make open the premises.

15. Tenant refusing or neglecting to stop possession
As soon since the term or interest associated with a premises continues to be determined using a written notice to relinquish as in Form TL2 or TL3, from the Schedule this his Law along with the tenant neglects or refuses to relinquish and deliver up possession on the premises or any section of it, the Landlord or his agent might result in the tenant being served with written notice just as Form TL4, signed because of the Landlord or his agent, with the landlords intention to go to recover possession, stating the reasons and particulars in the claim, using a date for a minimum of seven (7) days on the date with the notice.

16. Service of Notices
(1) Notices called under Sections 12-15 of the Law will probably be by proper service as prescribed under Section 17 and 18.
(2) Proper service will probably be service in this sort of manner that it may be established towards the satisfaction from the court that this person to get served can have knowledge of any in the notices.

17. Service of Notices for Residential Premises
Proper service with a tenant of residential premises will be personal service, which include but is not limited towards the following
(a) service about the tenant in person
(b) delivery to the adult residing in the premises being recovered
(c) by courier the place that the tenant is not found, by delivering same for the premises sought being recovered along with the courier shall provide proof delivery; or
(d) affixing the notice over a prominent part from the premises to become recovered and providing corroborative evidence service.

18. Service of Notices for Business Premises
Proper service with a tenant of the business premises will be by
(a) delivery to a person in the business premises sought to become recovered; or
(b) affixing the notice using a prominent part in the premises to get recovered and providing corroborative evidence of service.

19. Duty to notify other persons in occupation
Where the tenant is often a person in addition to an individual (including a corporate institution), the landlord shall ensure proper service of most notices required under this Law about the tenant:
Provided that this failure with the tenant to notify every other person in occupation shall not modify the proceedings to get better possession.

20. Persons in unlawful occupation
Where somebody claims having premises that she alleges is occupied solely using a person in unlawful occupation, the proceedings for recovery in the premises shall be because of the summary procedure contained within the Civil Procedure Rules with the relevant court.

29. Arbitration

(1) A valid agreement to arbitrate will likely be upheld and should be enforceable inside the Court with an arbitration clause or agreement inside a tenancy or lease agreement shall cease construed just as one ouster on the courts jurisdiction.


Legal Assistant’s Corner

One from the readers of my previous article commented: “While I do not know everything, I do know what I know.” Despite my admission that legal assistants do not know everything associated with law, you’ll find circumstances during which we do know everything.

Legal assistants will be the detailers from the legal profession. We increase the risk for attorney’s vision with their solution with a client’s problem arrive at fruition. We get ‘er done.

Many attorneys only understand their part in the operation, e.g., doling out legal counsel to the consumer, representing the consumer in court, and wording documentation to best represent the buyer, etc.; however, it doesn’t always see the details in the process for example proper formatting/dissemination of documentation, which documentation could well be most efficient to serve the buyer’s needs, etc.

On the other side of this equation is the customer’s misunderstanding of an legal assistant’s role within their case. Clients often only consider us obstacles by questioning us, our knowledge, and our methods – they may sometimes even flat out argue around. We take into account that you’re obsessed with your case and desire it done the method that you want it done; however, whatever you may view being a simple straight line from A to B actually requires detours through A(1), A(2), A(3), and so forth.

You have entrusted the attorney you hired to represent you for the best of these ability. The attorney has entrusted the legal assistant(s) they hired to assist them accomplish their end goals. Legal assistants are constantly honing their red tape cutting skills to your fine edge and, while individual methods are vastly different from office to office, it’s well known what we are going to do… at the least most with the time.

© 5/17/2018 Hunt & Associates, PC. All rights reserved.

Heather Carr can be a Legal Assistant, Bookkeeper and Office/Marketing Manager while using law firm Hunt & Associates, PC in Portland, Oregon. She is experienced and familiar with the fields of civil litigation, contracts, business law, family law, elder law, probate, estate planning, accidental injuries,


Line Between Morality & Law

If one eats meat, in a very place where majority refrain from taking it, would the face be liable to punishment? What if a person takes part inside a protest for further Democratic space, which was proscribed through the Government, is that individual justified in his/her cause? Are the police justified to kill inside commission of crime in an attempt to protect innocent lives, with many different viewing taking of some other life regardless of the situation as wrong?

The above questions test our very fundamental values & principles as precisely what is considered Immoral by others is legal in line with the Laws on the land, and vice- versa.

Thus setting up a thin line between Morality & Law, sometimes so thin that is certainly indistinguishable in the other, even some consider them interdependent. But in varying circumstances, the road is clear with each governed by a values & principles.

According to Collins Dictionary, Morality could be the belief that some behavior is correct & acceptable which the other behavior is wrong. In broader terms is really a system of principles & values concerning people’s behavior, that’s generally accepted by society or by particular group.

Then if someone eats meat inside a place where majority abstains from using it due to their beliefs & principles, he/she are going to be considered immoral. Another example is if someone engages in pre-marital sex, in the society where marriage before sex is really a taboo, then they are also immoral.

By committing such taboos am i liable to be punished, perhaps there is any basis to punish all those who have gone contrary to the accepted norms set with the society. To be fair, these are generally principles which have guided our society before our Grandparents were born and served to be a yard stick for generations.

According to Wikipedia, Law is really a system of rules that happen to be created and enforced through social or governmental institutions to control behavior or perhaps in broader term a method that regulates and means that individuals or community go through the will in the state.

Hence, if one participates in an unlawful protest, regardless how right the issues are or align using innate beliefs & principles e.g. agitating for further Democratic space inside a country. They will face the entire force in the law as enshrined inside the constitution and enforced by relevant institutions.

But if an individual takes meat within a society where it’s actually a taboo, the person are going to be wrong based on the society but legally to the law or engages in pre-marital sex, your situation will still be precisely the same.

In many cases, what’s morally wrong from the society can be illegal, as an example in Islamic societies starting pre or extra- marital affairs is not just a sin but in addition illegal with punishment meted using the Quran. In such societies, it is hard to distinguish between Law & Morality as our Moral Compass forms the foundation in creating Laws that govern us and enforced by Institutions.

Some have gone further stating many laws passed really are guided by our Moral value, and that is true, by way of example what has been considered generally wrong through the society e.g. public nudity may be enacted & passed into law prohibiting such behavior with Consequences if violated.

In a real scenario, there is absolutely no line to differentiate between Law & Morality since they are interdependent and something serve as being a basis inside formation in the other. Good examples are countries with State Religion e.g. Islamic countries like Iran, Pakistan where Sharia law depending on the Quran forms the cornerstone of laws enacted from the Government.

But in modern Western Democratic countries, there exists a clear line between Law & Morality and therefore are independent of 1 another. For example Abortion is usually a taboo in numerous societies and laws enacted outlawing it. In the west, the Rationality of Law takes precedence as well as the mother contains the Right either to keep or terminate having a baby. Hence emphasis is within the Rights of your Individual compared to the collective conscience on the Society.

Just reported by users another man meat is yet another man’s poison, in Law & Morality what on earth is considered morally wrong in a single society is legally directly in another and the other way around. The thin line is the thing that keeps them from clashing with the other in matters of Values & Principles and ensuring a somehow balanced society guided through the Rule of Law.


Child Molestation World Record Holder!

Being the CNN loyalist and avid conspiracy theorist that I am, I couldn’t help but zoom in on the plague of child molestation cases that dominated the headlines circa. 1999. It seems that through time even celebrities are not immune, Michael Jackson, Roman Polanski, Jerry Lee Lewis, Bishop Eddie Long, former Oregon Governor Neil Goldschmidt who confessed his guilt, and R&B singer, R. Kelly had bouts with the accusations as well. Without a doubt, the Catholic priests seemed to take the lead in such an evil taboo that society has been forced to talk about. So-called cult leader, David Koresh, of the Branch Davidian was also accused as well as the Mormons of Utah, who have always been held in contempt by the other 49 states that look down on them for their lawful practice of polygamy.

In the case of the Catholic Priests, it is strange that to my knowledge, I haven’t seen any of them ever serve a prison sentence. My best guess is, they are covered by the Vatican, which is its own sovereign entity. So there is no way they can really be sued. So basically, what we are seeing is more or less “here is your money, leave us alone payments, that are made out to be civil law suits for damages, emotional distress, and ‘pain and suffering.’

However, none of these made my ‘conspiracy theory’ alarm go off as did the infamous 2002 case of H.E. Rev. Dr. Malachi Z. York-El, who was known as the leader of the Nuwaupians. To bring the reader up to speed, H. E. Rev. Dr. Malachi Z. York-El, is a Consul-General and Diplomat for Liberia, West Africa, whose passport number is: D/003828-04, which would bring with it Diplomatic Immunity. Accusation per accusation, this case seemed to me very bizarre and far-fetched. Rev. Dr. York was accused of molesting up to 13 children, up to 10 times a day, for up to 10 years!! My first thought was, “That is a lot of sex,” and immediately my suspicions started.

Just think, if we take one child for let’s say 5 times a day for 5 days a week, if I am correct, that is 25 times of having sex in one week. Now, multiply that 25 times by 13 children and that is 325 times he would have had sex for that week, correct? Now, we take 325 times a week by 52 weeks, again if I am correct, that comes to 16,900 times he would have had sex in a year!!!! Now, let’s take that into perspective against the 20,000 times the Great Wilt Chamberlain said he had sex in his lifetime!! I would also challenge any pornographic film star to equal those numbers as well. OK let’s finish it up, take that 16,900 times 10 years, if I am correct again, that comes to 169,000 times!!!! Which in my mind would be a world record indeed. I was quite surprised when Viagra didn’t want to use him as a spokesman and even more surprised when Guinness Book didn’t list him as well!

While downtown Atlanta, I ran into some men who were ‘propagating’ the Nuwaupian doctrine and defending Rev. Dr. York’s innocence. Many of the issues I had with what was being said in the media about the case were confirmed with my conversations with them.

Issue 1: How could Rev. York be arrested even after presenting his Diplomatic credentials to the arresting officers? The Nuwaupians answered that because of the doctrine that Rev. York has presented to the world, there are people who wanted him off the streets as a free man at all costs. Taking into consideration, that Malachi York is also a sovereign who knows what his status and the UCC CODES entail. This was also something that he wrote about in one of his books called, “Let’s Set The Record Straight.” In it he outlined the history between America and Morocco and the treatise that were made between them, namely the Treaty Of Peace And Friendship, which is the oldest treaty that is still recognized to this day.

Issue 2: Why would Dr. York plea guilty after originally entering a plea of innocent and the evidence clearly proved him innocent? This was done because Dr. York was told the women who were with him at the time of his arrest, would be let go if he would plea guilty, being that they were Innocent and it was he who the prosecution really wanted in the first place.

Issue 3: How the hell could somebody possibly have sex that many times, yet alone have enough time? Again, they confirmed my suspicions with facts and common sense. It was clear that children were behind this plot, because any adult would have know it is impossible to have sex that many times. Put to me as such, H. E. Malachi Z. York has written over 400 books. That’s right over 400 books!! Now, find any person who publishes books and ask them how long the process of writing and publishing just one book is and see what they say.

Issue 4: How did the whole mess start in the first place? They told me that it was all started by a group of kids who lived on the Nuwaupian land and could not break rules as they wanted. It was against the rules to have sex if they weren’t married, they couldn’t dress in skin tight clothing and go out to party. They got fed up with the rules that were in place to keep the order that was established by Dr. York and that was their way of getting back at him. They then conspired with the racist sheriff by the name of Howard Richard Sills, of Putnam County, GA, who hated the Nuwaupians and could not come to grips with the reality that a group of Black people lived together, had wealth and no criminal records. In return, for a conviction, the government promised them they could sue Dr. York for millions of dollars and split the pot between them.

It was also the result of the 476 acres of land that the Nuwaupians owned stood in the way of an economic plan that the Putnam County government had in development for the next 20 years. This economic plan included turning the city of Eatonton/Putnam County, GA into a tourist attraction/resort area of sorts. This also had ties with neighboring Greene County that has a major resort area called Reynolds Plantation and a Ritz-Carlton Hotel. Reynolds Plantation is owned by Mercer Reynolds, who is a close friend and business partner of Former President Bush the younger. Recently, Reynolds has been in the headlines for having to sell some his assets to satisfy lenders.

Now with all these things being said, let’s look at some medical evidence to prove that Rev. Dr. Malachi Kobina York could not be guilty of these false allegations:

1. Dr. Frederick Bright, MD OB/GYN, who is licensed to practice in the state of Georgia, was called in as a medical expert by the family of Dr. York to review the information and evidence that was brought in by the government/prosecution as early as Dec. 2002. After his examination of the evidence and testimonies of the alleged victims, he found many what he termed ‘consistent inconsistencies.’ This case was purely a ‘hearsay’ case!

2. In child molestation cases it is the normal procedure to have medical examinations done within 72 hours of the alleged molestations, the acute stage of the alleged events, to obtain forensic evidence-skin, hair, semen, saliva, etc, from the genital areas. What Dr. Bright found was that no history of events was taken by the examiners to determine the level of evaluation necessary for each victim which is very critical.

3. Some of the children had STD’s, including Chlamydia and Herpes 1. Dr. York upon examination, was found to have had none of these diseases and did not even have the anti-bodies present to suggest that he was even treated for any of these diseases and had them cured. For the record, all of the alleged victims didn’t have an STD. This shows an inconsistency. They all should have had the same STD, because they testified that Rev. Dr. York would go from one to the other. There was no DNA evidence ever found to suggest that Rev. York had engaged in any sexual acts with any of these alleged victims. There were no pregnancies. There were no testimonies of condoms being used and these girls were at the age of puberty.

4. When interviewed, none of the children gave any exact dates of the “molestations” that occurred. This includes nothing about “I remember because it was two days before my birthday.” They always gave very vague time frames, like it was the summer of 1998 or it was the fall of 1999, which doesn’t give a defendant anyway to prove he was not in said place at said time. Many of their testimonies contradicted each other about who was present when what they saw was supposedly happening to the other. There were also no mentions or testimonies by any of the alleged victims of any abortions or anything about each time Dr. York changed the bedding or anything about plastic covers on sheets.

5. There were no recorded interviews or statements(written, audio, or visual) from the alleged victims that could be evaluated by the defense experts which means the government/prosecution could make any statements necessary to bring charges against the accused. This is very important because the absence of recorded interviews prevents scrutiny of the prosecutions statements by the defense. Also, in the event contradictory information is identified, the contradictions can easily be dismissed or explained away by the prosecution. THIS TYPE OF CONDUCT SUGGESTS THAT THE GOVERNMENT/PROSECUTION HAD NO INTEREST IN ACCURATELY RECORDING THEIR FINDINGS OR THE VICTIMS WERE GIVING UNRELIABLE STATEMENTS. WHICH EXPLAINS WHY THE COURT WAS CLOSED TO THE PUBLIC DURING THE TRIAL AND THE TRANSCRIPTS WERE SEALED AFTERWARDS!!!!

6. 5 other children were taken from the Nuwaupian land that was called Tama-RE, Egipt of the West, without consent and knowledge of their parents and given examinations by state agencies and not one of them were found to be abused, sexually, mentally, or physically.

7. 8 of the 13 who originally alleged abuse by Dr. York, recanted their own testimonies on sworn affidavits. Too add to that, many of their own immediate family testified against them and said they were lying

8. The government’s ‘Star Witness’, Abigail Washington, recanted her testimony of abuse as well on a sworn affidavit and even recanted her testimony that Rev. Dr. York was guilty of the money structuring charges.


10. Assistant D.A. Richard Moultrie, stated for the record that he had no video tapes to prove any of the allegations. This is important because supposedly, video tapes were said to have been made of Dr. York engaging in these alleged acts.

In closing, I would like to add some little known facts about Rev. Dr. York that I found from doing a little research. Dr. York over the past 40 years has written more than 400 books on religious, scientific, and historical topics. THAT’S RIGHT 400 BOOKS!! Anyone who has written a dissertation, thesis paper, research paper, documentary, etc, knows how much energy and time goes into writings such as these. So ask yourself, “How the heck does someone have enough time to write 400 books, yet alone do it while molesting 13 kids everyday, all day for over 10 years?” IT’S ABSOLUTELY IMPOSSIBLE!!


Common Mistakes When Choosing a Career

First of all, let’s divide the reasons for choosing a particular profession to external and internal. External reasons are related to environmental factors: the opinion of parents and friends, desire to achieve success, fear of condemnation. For internal reasons only you are responsible – they are defined by your abilities, skills, habits and character.

So what makes a modern young person choose a particular career?

Top reason is prestige.This reason can often become a trap. These days economical and law specialties are the most popular ones. However, job market feels redundancy of specialists in these fields. The conclusion is simple: there is no sense in relying on prestige of career only. At all times, some professions were considered prestigious, while others were believed, to say the least, unworthy. There is, for example, a profession of cesspool cleaner who wants to be the one?

Meanwhile, the society needs economists and lawyers as well as nurses, plumbing specialists, street cleaners etc. So put your interests and abilities in the first place and only then think of prestige. Remember that every highly professional individual, be it lawyer, doctor, or simple worker, is equally respected.

Michael Weller has a story about a man who was dreaming to become a street cleaner. And then what?He graduated from high school, he entered a college because his parents wanted him to do so, all his life he tried to learn something he didnt want to do. And then, when he retired, he became a street cleaner, and finally found happiness.

It is not recommended to choose a career under pressure. You can only listen to the opinion of your parents or friends, but the career choice is your own business, no one will live your life for you. Imagine that you have chosen mathematics because your mom wanted it. A year has passed, two, or even five and you understand how passionately you hate all those numbers and formulas, and this work seems so dull to you! Wouldnt you be sorry for all those wasted years?

Similarly, if you dream to enter a medical school to accompany your friend, think whether it is worth to become a physical therapist, or surgeon, or dentist, if you are fainting from a little drop of blood.

Have you ever wondered how many years of hard work were spent by the ballerina to reach success?If you are intrigued by the “visible” side of some career, it does not mean that you fully understand what it takes to become a professional in this particular field. You are watching ballerina flits on the stage like a butterfly. And when admiring her beautiful dance do you think of years of hard work, pain in muscles, and dozens of disappointments that led a ballerina to this particular moment?

Ignorance or underestimation of some of your physical features and shortcomings is one of the false guides to the right career choice.

If you have a heart disease, lets face it, you wont become a pilot. People with allergy cannot become chemists or hairdressers. It is unreasonable to dream about career that can worsen your health. In some cases health problems become an obstacle for some kind of work, and you should submit it.

In any case, do not think about career choice as of something unchangeable, something that once and for all determines your destiny. You have a long life ahead of you, and you can always find some time for training, courses, and even radical change of career.


Computers and Health

The Law
The number of computers in the workplace has increased rapidly over the last few years and it is now quite normal for most staff in voluntary organisations to be exposed to computer usage. The Health and Safety at Work Act lays down legal standards for computer equipment and requires employers to take steps to minimise risks for all workers. Workers have received substantial damages for injuries caused through use of computers where the employer could have foreseen the risk but did nothing about it. The main regulations covering the use of computer equipment include:
Health & Safety (Display Screen Equipment) Regulations 1992
Management of Health & Safety at Work Regulations 1992
Provision and Use of Work Equipment Regulations 1992
Workplace (Health, Safety and Welfare) Regulations 1992 Improving health and safety practice should be taken seriously, although it need not take much time or expense. Measures employers should take include:
Understanding the law – make sure someone in your organisation has a health and safety brief covering all areas, not just computers.
Being aware of the health risks – the government officially recognises some of the risks although there are some grey areas you’ll need to make up your own mind about.
Assessing the risks – using procedures set out in the law – be systematic and get help if you need it. Get a health and safety audit done by a competent organisation if necessary.
Taking steps to minimise the risks – this may only involve taking simple measures.
Training all users to recognise the risks – if people aren’t aware of the dangers they can’t take adequate precautions to protect their health.
Taking users views seriously – if users feel there is something wrong there often is.The Risks
With the increase in computer use, a number of health and safety concerns related to vision and body aches and pains have arisen. Many problems with computer use are temporary and can be resolved by adopting simple corrective action. Most problems related to computer use are completely preventable. However it is important to seek prompt medical attention if you do experience symptoms including:
continual or recurring discomfort
aches and pains
burning sensation
or stiffnessSeek help even if symptoms occur when you are not working at your computer.

Laptop computers can present particular problems due to small screens, keyboards and inbuilt pointing devices (e.g. a small portable mouse or touchpad). Prolonged use of laptops should be avoided. If using a laptop as a main computer (i.e. use as a normal desktop computer in addition to use as a portable), it is advisable to use the laptop with a docking station. This allows an ordinary mouse, keyboard and monitor to be used with the laptop. The main risks associated with using computers include:
Musculoskeletal problems
Eye strain and a greater awareness of existing eye problemsRashes and other skin complaints have also been reported, although it is thought these are caused by the dry atmosphere and static electricity associated with display units rather then by the display units themselves. There are potential risks from radiation though this is a contentious area.