Monthly Archives: July 2009

When is a Name Change Not a Name Change?

Changing one’s name is something that has been done time and again in the past and will be done many more times in the future. But there is a difference between a name change and a “name change.” Confused? Don’t be. Essentially, what we mean is that there are different kinds of name change, and some people who go by a certain name may have a different one legally. Legally changing your name entails going through a legal process to formalize your new name and using it in every aspect of your life. Occasionally, we will recognize someone by one name, when their driver’s license and passport will say something completely different.

For example, actors often go by one name when their actual given name is something else entirely. There is a good reason behind this, often absolutely unconnected with any desire to get away from an embarrassing name (although if an actor feels that their original name is one that might not fly as well as an alternative, they can go with that). The Screen Actors Guild in the US (and its British equivalent, Equity) has a rule that prevents any two actors on its books having the same name. Michael Keaton, famous for roles in the films Beetlejuice and Batman, was actually born Michael Douglas. But as there was already a Michael Douglas on the books – and a fairly successful one at that – the newer actor changed his name for the purposes of acting, taking the surname from the actress Diane Keaton, who herself was born Diane Hall.

Then again, consider the actor Martin Sheen and his sons Emilio and Carlos. Born Ramón Gerardo Antonio Estevez, he took as his stage name the surname of Catholic theologian Fulton J. Sheen as a nod to his Irish roots. As Martin Sheen, the former Ramón Estevez went on to have a hugely successful acting career and one which continues to this day. His children evidently caught the bug from him, as four registered actors have gone on to have careers of varying success. Among them are two who have had a similar degree of success as their father. Emilio Estevez and Carlos Estevez have each appeared in successful films and TV comedies and dramas. You have certainly heard of Emilio Estevez, but Carlos Estevez may not ring so many bells. But what about Charlie Sheen? Yes, they are one and the same person, Carlos having chosen to adopt his father’s professional surname.

Then again, consider Reginald Kenneth Dwight, the popular singer and songwriter who under that name may never have made it quite so big. Which is why in the 1960s he changed it to “Elton Hercules John”. Under the British deed poll system he changed his name not only for the purposes of the stage, but for everything. Hence, upon being knighted by Queen Elizabeth II in 1998, his legal name became Sir Elton John (take or leave the “Hercules” part).

Other actors and singers have done the same, but Elton John is arguably the most famous and successful to have taken such stringent measures. Snoop Dogg’s real name, for what it’s worth, is Calvin Broadus, while Eminem was christened Marshall Mathers and continues to go by that name legally. This is the difference between an assumed name and one that is legally changed.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter

About the Author:
http://LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. Find the best company to help you change your name at http://legalbuffet.com/name-change-services/.

Keyword tags: change your name, name change, online name change, name change online, how to change your name

The Name Changes That Weren’t – And Some That Were

Changing your name is a big decision to make. Even if one’s reasons for doing so are not always the most soul-searching – more than a few people have just decided that they fancy a change – it is something that, if fully formalized and legally pursued, changes one of the most powerful parts of your identity. Together with your outward physical appearance and your voice, your name is one of the most basic identifiers by which people will recognise you. And, while you can buy disguises, undergo elocution lessons and take various other approaches to take care of the first two, it is hard to remove all traces. With your name, you can wipe the slate completely clean and start again if you want to. So it is a big change to make.

It is safe to say that Michael Herbert Dengler was aware of this when he undertook legal action in 1976 to undertake a new identity. It is equally safe to say that he had his reasons for wanting to change his name to “1069″. Indeed, they are listed in the petition, but to list them here would take too much space. Suffice it to say that his reasons were personal philosophical ones that he felt necessitated the change. The Supreme Court for the State of North Dakota was, however, unwilling to allow this, opining that the use of a number as a name could be excessively confusing. As a compromise solution, the Minnesota Supreme Court offered the possibility of “Ten Sixty-Nine” three years later when Dengler tried again, a compromise he accepted.

In 2008, a nine-year-old girl had different reasons for asking a court in Wellington, New Zealand, for a name change. Having been christened “Talula Does The Hula From Hawaii”, the girl felt somewhat self-conscious about her name, which caused her to be teased at school. As a consequence of her action, the unfortunate Talula was made a ward of court so her name could legally be changed. What to? Well, that information seems thin on the ground, perhaps specifically because of the publicity the case attracted – so when the girl is asked her name and tells the asker her new name she is not instantly greeted with “Oh, hi Talula Does The Hula From Hawaii”. Perplexingly enough, the same court has ruled that names such as Midnight Chardonnay, Number 16 Bus Shelter and even Violence are permissible. At least they blocked “Yeah Detroit”, “Fat Boy” and “Sex Fruit”.

Court decisions often differ between US states. For instance, Ohio resident Robert Handley asked in 2000 to be allowed to change his name to Santa Robert Clause, because of the existing legend of Father Christmas. A year later, however, the Utah Supreme Court was less restrictive when David Lynn Porter petitioned them for the right to be known as just plain Santa Claus, arguing that he had the right to select the name under which he went “within very broad limits”.

Those limits were presumably the ones that prevented Russell Lawrence Lee from changing his name to “Misteri N*****” (author’s censoring), where the second “I” of the first part is silent, and the second part is a well-known racial epithet. Though Lee himself was African-American and his use of the word in question was therefore judged not to be of insulting intent, the court ruled that Lee could call himself whatever he liked in conversation, but would not be given the court’s permission to legally go by that name.

About the Author:
http://LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. Find the best company to help you change your name at http://legalbuffet.com/name-change-services/.

Keyword tags: change your name, name change, online name change, name change online, how to change your name

Follow the Fingerprints, Find the Truth

Fingerprints are important pieces of evidence in a crime scene. Traces of these prints are thoroughly searched for and carefully collected for processing. Forensic detectives take this information and use these fingerprints to find out the truth about the crime committed. And since fingerprints are pretty much the most reliable human identification marks, finding answers would be easier with the help of these fingerprints.

Fingerprints are left on surfaces people touch because of the oils present in the skin. Fingertips leave imprints on surfaces with these oils, and forensic science uses special powders that adhere to these oils to be able to collect the prints with clear tape. These collected prints are then taken to the lab for processing.

Fingerprints are made up of patterns of whorls and lines, and each person’s fingerprint is unique and distinct, identifies him or her easily. But there are incidents when the fingerprints collected are degraded, making these difficult to use as evidence. But technology has come up with machines and procedures that would allow the processing of these seemingly useless pieces of evidence.

Special gases can now be used to process these latent prints, and there are now computer software and programs that have been created and developed for the purpose of extracting and processing fingerprints, speeding up the investigation process.

Technology of criminal background checks

Criminal background checks for pre-employment purposes require fingerprints, and these were usually collected and filed as ink-rolled prints, but that process has proved to be messy and prints were sometimes obscured by smudges, making them unusable. But with the arrival of digital fingerprint scanning technology, criminal background checks and solving crimes have been made into a quick process, producing more accurate results. The digital scanning technology for fingerprints makes the record searches easier and more accessible. Electronic fingerprints are clearer representations, thus decreasing the chances of fingerprint card rejections (for criminal background checks), and further improving accuracy of finding fingerprint matches in the country’s comprehensive criminal record databases.

This digital fingerprinting technology has made it easier for the government to create a huge and comprehensive criminal record database which investigators and state-authorized criminal background check agencies use to search for matches and results. This, in turn has made solving crime quicker and more efficient, reinforcing the work of law enforcement agencies, and strengthening the justice system.

Digital fingerprinting technology has made criminal background checks more accurate, making the results of these searches more reliable. The process has become quicker and the accuracy in details help potential employers in better evaluating their job applicants and therefore better securing their business. Technology and law enforcement now work hand in hand in making our communities safer and our lives better. Even now, more technologies are being created and developed to be able to further enhance the investigation process and help the criminal justice system. The combination of the simplest identifier, the fingerprint, and the latest technology and knowledge creates a strong and efficient tool in solving crime.

About the Author:
To learn more about how fingerprinting can help you, please visit our website at http://www.ohiowebcheck.com

Keyword tags: Fingerprinting, Criminal background checks

The Failure to Diagnose Breast Cancer Case

According to the American Cancer Society, 192,370 women in the United States will develop breast cancer this year. With routine self breast examination, yearly mammograms, and proper surveillance, we expect that if we develop breast cancer it will be detected at its earliest stage and with treatment, our chance for survival and cure will be excellent. But what happens when our mammograms are misread or our doctors make mistakes? During any given year a certain number of women find themselves in that very situation. The damage having been done, their only course of action may be litigation to compensate them for their harm and to prevent the catastrophe from occurring to other women.

WHAT DO I NEED TO PROVE?

To maintain a successful medical malpractice case, it will be necessary for the victim to prove that the doctor, nurse, or other healthcare provider who cared for you deviated from the accepted standards of medical care for his or her profession; in other words, that the doctor or other provider was negligent and/or careless. You must also prove that the doctor’s negligence caused your resulting harm. Because the doctor did not give you the disease and your claim involves the delay in diagnosing your condition in a timely fashion, proving “causation” is usually the more difficult aspect of your case. The result of the negligent delay can be proven by showing the progression of the disease from one earlier stage to the next, and comparing the treatments necessary at each stage with the statistical survival rates from one stage to another. The damage claim you make is one that revolves around your “increased risks”.

HOW DO I PROVE MY CASE?

Your lawyer should hire medical experts in the same field as the physician or nurse involved in the care; these experts can offer opinions to a reasonable degree of certainty (the legal standard that applies to these types of cases) that the care was “substandard.” Thus, for example, cancer specialists can give opinions regarding the harm caused by the diagnostic delay. Most of the trial time in this type of case is taken up with the testimony by the competing experts for the person suing and the person being sued, with a jury determining the outcome.

WHAT DO I NEED TO HAVE MY CASE EVALUATED?

You will need all of your medical records. These must include the records of the doctor or other healthcare professionals who misdiagnosed your condition, as well as the records of the physicians who ultimately diagnosed your condition and provided you with care. Those records should be reviewed by an experienced medical malpractice lawyer, and experts who can opine about the quality of the care and the effect the substandard care had on your treatment and your chances of survival.

WHAT CAN I EXPECT IF I HAVE A GOOD CASE AND DECIDE TO SUE MY HEALTHCARE PROVIDERS?

Doctors, hospitals and other healthcare providers aggressively defend against medical malpractice or medical negligence cases, and many of these cases do not settle and go to trial. You can expect that it will take a few years before your case is listed for trial. During that time, you will be asked to answer written questions regarding your personal history, your medical care, your work and family history, other lawsuits you may have been involved in, and other questions. You will be asked to sit for a deposition where you will be asked questions by the defendants’ lawyers, and your testimony will be transcribed and/or recorded on videotape. There will be meetings with your attorney to prepare you for your deposition and for court. Photographs or videotapes of you, your treatment, and its effects may be necessary. You can expect that your family and significant others may be questioned as well.

WHAT WILL HAPPEN TO THE DOCTOR IF I WIN MY CASE?

A medical malpractice or medical negligence case is a civil action for money compensation. It is not a criminal case and does not typically involve punishment for wrongdoing. A money award to compensate for your harm is the only outcome of such a case. Neither the doctor’s license nor his ability to practice is affected. Any settlement or verdict against a physician is, however, a reportable event under the National Practitioners Data Bank. While not open to the public, this data bank can be accessed by hospitals and health care providers when reviewing a physician’s application for privileges or hire, and does remain on the physician’s record.

WHAT SHOULD I DO IF I THINK I HAVE BEEN THE VICTIM OF MALPRACTICE AND MY CANCER DIAGNOSIS DELAYED?

You should consult an attorney who handles medical malpractice cases in the state where you received the negligent care. Because these cases require special expertise and experience, you should make sure you locate an attorney with the necessary experience in this area of the law. You will need to gather copies of your medical records so that they may be reviewed by expert physicians to determine if there was substandard care that caused you harm, and you must act quickly because there are statutes of limitations, which limit the time within which you can make a legal claim (in many states, such as Pennsylvania, the statute is two years; in some it is only one year). Make sure you document your “damages” by keeping a record of your treatments and taking photographs of yourself in the hospital and at home following surgery, radiation, or chemotherapy treatments.

This handy Pennsylvania medical malpractice tip is provided by the Philadelphia medical malpractice law firm, The Law Offices of Judy Greenwood, P.C., at 1800 JFK Boulevard, Suite 1500, Philadelphia, PA 19103, www.greenwoodlawoffice.com, email JudyWynnewood@aol.com.

About the Author:
Philadelphia medical malpractice attorney Judy Greenwood represents victims of medical negligence and catastrophic injuries with a concentration in medical negligence cases, and is located at 1800 JFK Blvd., Suite 1500, Phila., PA 19103, http://www.greenwoodlawoffice.com, email JudyWynnewood@aol.com.

Keyword tags: philadelphia medical malpractice attorney, breast cancer misdiagnosis lawyer, medical negligence

Automotive Component Disassembly And Reassembly Basics

It was once observed by a most wise, efficient as wealth auto dealership owner that a major lesson and teaching of his life was that in the machine shop and automotive trade that neatness on the mechanical not only made life as well as any repairs easier, but also that neatness in any automotive repair facility paid and indeed made those garage owners and mechanics wealthy and prosperous.

The basic and simple maxim and guideline to live by of disassembly and reassemblies of auto and automotive components – is never to force anything, ever. If you find that you are not sure or unsure – then stop dead in your tracks. The second rule and corollary is always to carefully note and mark down everything – their configurations and placements, plus any other relevant and useful information and data. Do this both mentally as well as in writing your notebook or tablet laptop computer. How were these automotive components assembled originally? How were they put or held together? In what and which the sequence were or did they came apart. On top of that take the time to note as well, and to locate if they fall off the workbench or spring of what fasteners and fittings were used. They may look simple, but once lost they may be irreplaceable to obtain, by any means or manner.

Somewhere down the line or the highway your mechanical gizmo will have to be put back together. Even a tent comes with a set of instructions of how to raise it properly. So be it with the engine that you are working on. It does not matter if the item or items that you are taking apart – to later reassemble came from a car, truck, bus, tractor, Harley motorcycle or van. The procedure, steps and rules are in essence all the same, you can count on it. And so you should.

Disassemble components carefully to help assure and ensure that the parts will and do go back together totally properly. Again note the sequence in which parts are removed. This cannot be emphasized and overemphasized too much. Make special note of special characteristics or marks on parts that can or could be installed in more than one way or manner of form. For example think of the positions that a grooved thrust washer on a shaft could be placed.

It can be said to be a good practice and overall wise idea to lay the disassembled parts out on a clean surface in the order in which you removed them. It may also be helpful to make simple or even more elaborate sketches or even to take digital photos, with a standard digital camera of components before removal. If a large auto insurance company like the Manitoba Public Insurance Corp (M.P.I.) can do it so can you. Digital photos in essence cost nothing – only your time. Not long ago the same could not be said of the cost of Polaroid instant photography photos. A standard simple digital camera or even the camera on a run of the mill 2009 cell phone can easily do what used to take high end polo raid cameras to verify and record. Better yet it is all instant, basically free save your time. On top of that you can easily store and retrieve your photos on your PC computer and easily print them out hard copy if need be for easy reference when it comes to working out in the garage or even in your backyard or basement machine shop. Lastly if you do need professional garage man or the assistance of your expert mechanic photos can always be used for easy description and assistance in working on and completing your automotive project.

When you remove fasteners from a component, keep track of their locations. Thread a bolt back into a part, or put the washers or nut back on the stud. This will simply prevent mix ups later. If this is not practical put fasteners in a standard fishing tackle box or in a series of small boxes. Alternatively a cupcake or muffin tin or even an egg crate carton can be most useful for these purposes. Each cavity can hold the bolts as well as nuts from a particular area (for example oil pan bolts, valve cover bolts, engine mount bolts etc.). A pan or pans of these types is most helpful especially when working on assemblies with very small parts such as the drive train. Just remember to mark each cavity with paint or tape to identify the contents.

Lastly when you unplug the connector or connectors between the two wire harnesses or even two wires. It always a good and wise idea to identify the two haves with numbered pieces of masking tape – or a pair of matching pieces with colored electrical tape – so that they can be easily reconnected.

By following these simple steps and procedures – all of which are fairly basic and standard you will save yourself a lot of wasted time, energy and spare yourself a great amount of exasperation. Let alone time and money saved.

About the Author:
Steamboat L. Salter Wpg Used Cars Info http://www.winnipegusedcarsinfo.com Pre-Owned Autos Manitoba Canada http://www.winnipegusedautos.com Winnipeg Auto Trader http://www.autowestwinnipeg.ca

Keyword tags: auto,repair,dealer,mechanical,trades,doityourself,automotive,lawnmower,car,truck,suv,van,autobody

Oil And Gas Basics For The Mineral Owner

Basic oil and gas industry framework and knowledge for the mineral owner

Basic Mineral Rights

In America, we enjoy a broad range of property rights. One such right is mineral ownership on and under the land we own, ASSUMING someone before us has not severed the mineral estate from the surface estate. A legally binding title opinion is typically the only document that substantiates mineral ownership (at least with regard to earning income from the minerals, which is usually what matters). The complexity of such a title opinion can vary dramatically. In the 18th and 19th century, when land was originally deeded to individuals, the mineral estate naturally came with the land, and if it had not been severed since, remains with the land.

Learn the Basics of Oil and Gas

The majority of landowners are relatively disinterested in minerals, mineral estates, etc. until they open the mail and find a letter from an oil company proposing to lease their mineral rights. Then everything changes. Now they’re quite interested in learning a few things… which is the reason Oil and Gas Mineral Services Co. exists, to educate and serve America’s mineral owners. An oil company is interested in leasing your minerals because they have reason to believe that they can find oil or gas there.

The Oil Company (a.k.a. the Operator) Relationship with the Mineral Owner

To bring oil and gas reserves to market, minerals are leased by oil companies through a legally binding contract known as an Oil and Gas Lease. This arrangement between individual mineral owners and oil companies began prior to 1900 and still thrives today. Although there are numerous other important details, the basic economic structure of the Lease is this: in exchange for an “up-front” cash bonus payment, plus a percentage of the value of any production, the mineral owner grants the oil company the right to drill and produce. In some cases, no activity follows and the lease simply expires. However, a well may in fact be drilled. We’ll assume here that drilling is viewed as a good thing by all involved. After all, nobody will enjoy economic gain if nothing is done.

Drilling and Completion Activities

Assuming the oil company decides to drill, they may drill on your tract of mineral (and quite possibly surface) ownership. If you are a surface owner, the oil company will likely propose a drill site, notify you, and offer to pay for damages related to the surface use. Obviously, all parties should be guided by reasoned thinking as to the compensation for damages, road usage, pipelines etc. Both parties should remember that realizing economic gain from mineral production is accomplished by partnership between the mineral owner and the Operator. Drilling operations can vary from 10 days to 90 days, or even more in some cases. Completing the well (perforating, hydraulic fracturing, installing production equipment etc.) can take a similar period. Now, let’s say that we’ve made a well…

Producing Characteristics of Oil and Gas Wells

Oil and gas production is produced from what are commonly known as reservoirs. Production rates generally decline more rapidly in the early stages of a wells producing life. There are typically three types of natural drive mechanisms from which hydrocarbons flow through reservoirs: water drive, depletion drive, and solution drive.

One of the primary determinants of value for a producing well is its decline curve. A decline curve illustrates the production history of a particular well, and is also used to predict future performance. Now, the hydrocarbon must be sold.

Oil and Gas Marketing

In the majority of cases, a royalty owner’s (a mineral owner whose land has been drilled upon and hydrocarbons found, is now a producing mineral owner, commonly called a royalty owner) share of production is marketed and sold along with the working interest owner’s (working interest owners are those owners obligated to pay for the expenses of drilling and operating a well) portion.

The quality of produced hydrocarbons varies and has direct impact on its value. Oil gravity and sulphur content are the two most important characteristics affecting crude oil pricing. With natural gas, the MMBTU content and the amount of impurities have the most impact on the value per MCF.

Oil and Gas Measurement

Produced oil and gas is measured prior to leaving the well site, as required by law. The gross volume from which your royalty share is calculated is based on this measurement. Customary industry standard requires that the Operator verifies the measurements of the First Purchaser through a “check” meter for gas, or by rechecking (behind the First Purchaser) the levels in the oil storage tanks. With respect to the risk of you being “shorted” your properly due production, it is important to keep in mind that it is in your Operator’s best interest to insure proper product measurement.

Marketing Expenses (a.k.a. Deductions)

You may notice a column on your royalty check stub that contains deductions for making production ready for sale. Common charges are for compression, dehydration, and removing impurities from gas. Debate, often in court, has gone on for years as to the applicability of these charges.

Oil and Gas Pricing

Crude oil and natural gas are commodities, and subject to daily swings in their value in the marketplace. The New York Mercantile Exchange (NYMEX) is the primary market maker for pricing these commodities. The actual cash (or physical) price which royalty owners and oil companies receive is usually based upon a contracted price set each month.

The Tax Man cometh – Oil and Gas Severance Taxes and Ad Valorem Taxes

State governments levy a severance tax monthly when natural resources such as oil and gas are “severed” from the earth. Generally, the First Purchaser is responsible for collecting and accounting for this tax. This should be easily calculable, and match the deduction shown on your royalty check stub. County governments render and collect a yearly ad valorem tax on producing minerals in most states. Owners are usually billed annually.

About the Author:
Kenny DuBose holds a Bachelor of Science in Petroleum Engineering and is an active member of the Society of Petroleum Engineers and the National Association of Royalty Owners. He is President of http://www.mineralweb.com/ a resource for owners of mineral rights and oil and gas royalty.

Keyword tags: oil and gas basics, mineral rights

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