A Chinese court hears the first civil compensation claim by a parent whose child fell ill because of the tainted milk scandal…. From BBC News. Full story

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This is a warning! Avoid Sleek Medspa Boston like it is the plague! I signed up for a laser hair removal package here for 6 treatments with a lifetime guarantee, was billed $1,600. I financed payments with the loan company that works with Sleek Medspa. This Sleek Medspa will try and dupe you the minute you walk in the door. This is what has happened to me: I went for 2 treatments, and at the 2nd appointment, found gel from the previous client smeared on the technicians table, and used towels bunched up on the corner of the floor. I had to ask the technician for a clean towel to wipe off the table before I was treated. I was very uncomfortable and will not go back to Sleek Medspa offices. This type of environment in a treatment office is unsanitary and unsafe. Additionally, at my first appointment, the technician missed several spots as she hastily moved the laser around. I complained to the manager, and she offered to rewrite the contract package to include more areas for the laser hair removal. She suggested I consider offering the remainder of services I paid for to a friend or family member. This company has messy, unsanitary offices, the service delivery of laser hair removal is highly questionable in its effectiveness, and this Sleek Medspa has junky equipment. The customer service at this Newbury St. “spa” is extremely bad, and it is clear that the employees are strictly looking to make a buck; they do not truly care about the individual customer. It is apparent to me that Sleek Medspa trains their employees to take the money from the each person who walks in the building. They really do not care about you as their customer. When I called to complain and asked to speak to a manager, and I was told she was on vacation, when I asked to speak with her supervisor, she was also on vacation the next week; these two weeks pushed me back even farther from the date I initiated business with the company. I went in person to their office to express my dissatisfaction with their services.
Here is what I am doing, and suggest to every person who is as deeply dissatisfied with the Boston Sleek Medspa to do the same:
File an official dispute, 2) mail a letter CERTIFIED THROUGH THE US POSTAL SERVICE of complaint and dispute (this is called a 30-Day Demand Letter), 3) Send a report of complaint to the Massachusetts Board of Health, 4) Report this to the Cosmetology Association of Massachusetts, 5) File a complaint with The Better Business Bureau, 6) File a dispute with the finance company, 7) I explained my situation to an attorney, who gave legal advice, I am prepared to take Sleek Medspa Boston to court and to defend my position.
My dispute is still current, and as of now, Sleek is processing a refund of one third (1/3) of the cost of the package. I had two treatments, that is one third (1/3) of the package I paid for with financing. The Sleek Medspa is charging me two thirds (2/3) of the package cost: this is the individual treatment rate ($500.00) per treatment all for the reason that I wish to end this laser hair removal package. This is so upsetting to me I had paid $500. back to the finance company already for the two lousy treatments, the second which made me so uncomfortable, and the remaining balance was $1,070.00. They want me to pay $500.00 more, for those two treatments I had. I cancelled the two appointments that I had scheduled in October and in November. Consider this, as no one should have to go through a situation like this: I had two laser hair removal treatments and pay $1,100.00 for the discomfort, unsanitary environment it was performed in, for the highly questionable, ineffective service, and the extremely bad customer service that Sleek Medspa responds with.
Posting ablog is one way I am trying to help prevent other potential customers at Sleek MedSpa Boston from experiencing what I am going through.

Yet ANOTHER sneaky move from the left-wing propogandist arms.

Jeremy Shum – Christian engineering magnate

Miley Cyrus – Christian pop singer

I don’t know who the f**k is trying to go out there and ruin the career of engineering manager Jeremy Shum and singer Miley Cyrus (dumb ass kids, probably do that these days, don’t have time to do anything better) but this is once and for all to set the record straight.

Look here:

http://www.youtube.com/watch?v=eq0TH3WMn24

It’s no use even taking this to court, it’s bull-s***. Obviously there is NO sex scandal. NO sex tape.

Just kids screwing around.

And Jeremy Shum and Miley Cyrus’ careers on the line thanks a lot to some kids mucking around.

It’s untrue. A fake. A fraud. A hoax.

Update:

• The alleged sexual tape in McDonald’s car park (http://www.youtube.com/watch?v=bcLK8GVmR_c) looks to be fake too
• Pregnancy tape is also fake (http://www.youtube.com/watch?v=FyfC1_QGMoU)

This should be reported to the Police.

Divorce abroad is Valid in India

Please read the Below judgement and see how unsrupulus members of the Family of the First Wife tried to Misuse the Laws to harass the innocent husband, they were almost successful in the evil intensions but for the good judgement and sensitivity of the Supreme court.

Members of the First Wife who were trying to falsely implicate the husband and his family members should be dealt with sternly and given an exemplary punishment so that nobody  else dare to misuse the laws to take revenge in Family disputes .

The Text of the Judgement is below .

Pashaura Singh vs State Of Punjab &Amp; Anr on 13 November, 2009

        IN THE SUPREME COURT OF INDIA

           CRIMINAL APPELLATE JURISDICTION

           CRIMINAL APPEAL NO.2122 OF 2009

           (Arising out of SLP(Crl.) No. 5910/2006)

Pashaura Singh …Appellant  Versus

State of Punjab & Anr. …Respondents   JUDGEMENT

R.M. Lodha, J.

Leave granted.

2. In this appeal by special leave, the appellant has  challenged the order
dated May 24, 2006 passed by the High  Court of Punjab and Haryana. By the said
order, the petition  filed by the appellant under Section 482 of Code of
Criminal  Procedure for quashing F.I.R. No. 9 dated January 21, 2002  registered
at Police Station Sehna under Sections 498-A, 494,  506/34, IPC has been
dismissed.

3. Kamaljeet Kaur is a landed immigrant of Canada.  On May 7, 1997, she married
Pashaura Singh Sidhu – appellant – at village Ghall Kalan, District Moga,
Punjab. She  left for Canada on May 15, 1997. She sponsored her husband  and,
accordingly, Pashaura Singh went to Canada in 1998.  They stayed together for
few months and then relations  between them became strained. Kamaljeet,
thereafter, started  living separately in Ontario. Pashaura Singh applied for
divorce and dissolution of marriage before the Supreme Court  of British
Columbia and a divorce judgment was passed in his  favour and their marriage
stood dissolved with effect from  February 8, 2001. After the dissolution of
marriage, Pashaura  Singh came to India and remarried on January 2, 2002.
Pashaura Singh went back to Canada with his newly wedded  wife and both of them
have been residing there.

4. On January 21, 2002, Kamaljeet’s brother Balwant  Singh lodged a first
information report being F.I.R. No. 9 at  Police Station Sehna against Pashaura
Singh, Hakam Singh  (father of Pashaura Singh), Randhir Singh (brother of
Pashaura  Singh), Charanjit Kaur (wife of Randhir Singh) and Harbans  Kaur
(mother of Pashaura Singh) alleging therein that on May  7, 1997 he performed
his sister Kamaljeet Kaur’s marriage with    2

Pashaura Singh; that at the time of marriage, according to his  status, he gave
rupees four lacs in cash, gold jewelry, utensils,  almirah, fifty-one suits,
five bags etc. but the accused started  harassing his sister Kamaljeet Kaur and
threatened to kill her if  she did not bring car, electronic items etc. and that
he has now  come to know that Pashaura Singh has entered into second  marriage
in the first week of January, 2002. A case under  Sections 498-A, 494, 506/34,
IPC was registered against the  accused persons and it appears that the police
submitted  challan against them in the court of Judicial Magistrate First
Class, Barnala.

5. Randhir Singh, Charanjit Kaur (Rajinder Kaur),  Hakam Singh and Harbans Kaur
filed a petition under Section  482 of the Code of Criminal Procedure for
quashing the F.I.R.  No. 9 and criminal prosecution against them. Vide order
dated  April 29, 2004, the High Court allowed the petition and quashed  F.I.R.
No. 9 dated January 21, 2002 registered against them  and all subsequent
proceedings.

6. Pashaura Singh by a separate petition under  Section 482 of the Code prayed
for quashing F.I.R. No. 9/2002    3

and the subsequent criminal proceedings against him but, as  noticed above, the
High Court by its order dated May 24, 2006  dismissed his petition. The High
Court in its cryptic order, while  dismissing the petition, observed that
Pashaura Singh has  married second time on January 2, 2002 while he was already
married with Kamaljeet Kaur and the aforesaid marriage has  not been dissolved.

7. Having heard the learned Counsel for the parties  and upon careful perusal of
the materials placed before us, in  our judgment, the order of High Court cannot
be sustained for  more than one reason. In the first place, the High Court
gravely  erred in observing that Pashaura Singh married second time on  January
2, 2002 while he was already married with Kamaljeet  Kaur and the aforesaid
marriage has not been dissolved. The  certificate of divorce dated February 26,
2001 issued by the  New Westminster Registry, Supreme Court of British Columbia
shows that the marriage of Pashaura Singh and Kamaljeet Kaur  stood dissolved on
February 8, 2001. As a matter of fact, this  fact is noticed in the order dated
April 29, 2004 whereby the  High Court quashed F.I.R. No. 9 and the subsequent
criminal    4

proceedings against the family members of Pashaura Singh. In  the affidavit
filed by Gurmail Singh, Deputy Superintendent of  Police in response to the
petition filed by the appellant under  Section 482 before the High Court, it has
been admitted that  during investigation on March 14, 2002 Hakam Singh had
produced photocopy of divorce certificate purporting to have  been issued by the
Supreme Court of British Columbia. The  observation of the High Court, thus,
that Pashaura Singh  married second time, although his marriage has not been
dissolved, is ex-facie contrary to record.

8. Section 494, IPC, inter-alia, requires the following  ingredients to be
satisfied, namely, (i) the accused must have  contracted first marriage; (ii) he
must have married again; (iii)  the first marriage must be subsisting and (iv)
the spouse must  be living. Insofar as present case is concerned the appellant’s
marriage with Kamaljeet Kaur was not subsisting on January 2,  2002 when he is
said to have married second time. Pertinently  before the High Court, along with
reply, the complainant  Balwant Singh annexed copy of an affidavit filed by
Kamaljeet  Kaur which states that she was not aware of the divorce    5

proceedings filed by her husband Pashaura Singh. However,  from this affidavit,
it is apparent that her husband has obtained  a divorce judgment. There is
nothing in the affidavit that divorce  judgment has been stayed or set aside. On
the face of the  allegations made in the first information report, therefore,
ingredients of the offence under Section 494, IPC are not  satisfied.

9. Insofar as offence under Section 498-A is  concerned, the High Court in its
earlier order dated April 29,  2004 in the petition filed by the family members,
observed thus:   “I have perused the First Information Report registered
against the petitioners.

              The only allegation against the petitioner is that they started
harassing Kamaljeet Kaur Gill for not bringing more dowry. No demand of dowry
has been made by the petitioners, nor is there any specific entrustment, as
alleged in the First Information Report of dowry articles to the petitioners.
Parties have divorced each other, as per the order of the Supreme Court of
British Columbia (Annexure P-1). Order is dated February 25, 2001. It is after
this divorce that Pishora Singh got married in India on January 2, 2002.”

10. Moreover, in the affidavit of Kamaljeet Kaur referred  to hereinabove, there
is not a word about demand of dowry or  harassment on account of dowry by the
appellant.     6

11. We have no hesitation in holding that the first  information report lodged
by Balwant Singh is manifestly  attended with malafides and actuated with
ulterior motive. The  prosecution of the appellant is not at all legitimate,
rather it is  frivolous, vexatious, unwarranted and abuse of process. The
appellant has made out a case for quashing the first information  report and all
subsequent proceedings pursuant thereto.

12. For the reasons indicated above, appeal is allowed  and order dated May 24,
2006 passed by the High court of  Punjab and Haryana is set aside. Resultantly,
F.I.R. No. 9  dated January 21, 2002 registered at Police Station Sehna and  all
subsequent proceedings pursuant thereto stand quashed  and set aside.

13. The pending applications stand disposed of.    ……………………J

                                          (Tarun Chatterjee)

  ……………………J

                                                 (R. M. Lodha)

New Delhi,

November 13, 2009.

Link Here :

http://www.indiankanoon.org/doc/174511/

A judge backs taxi drivers in a row over a council’s decision to impose age limits on taxi cabs in a city hosting the Ryder Cup…. From BBC News. Full story

This site may contain information about: uniform city. The blog is also related to: city populous.

Wie gewohnt präsentieren wir im aktuellen P&P Cast, dem Hinhörer, wieder spannendes Insiderwissen von den P&P Studios.

Diesmal haben sich die Hinhörer Stefan Nierwetberg und Andreas Hille mit dem Thema Sport in Radiospots beschäftigt.

„Sportspots sind ein richtiger Volltreffer wenn es um Radio geht!“ weiß Andreas Hille, unser Verkaufsleiter. Besonders der Lieblingssport der Deutschen – der Fußball – wird gerne gehört, aber auch andere Disziplinen können im Werbespot vorkommen und authentisch zum Hörer transportiert werden.

In einem modernen Tonstudio kann man es so klingen lassen, als wäre der Radiohörer direkt mittendrin und live in einem Bundesligaspiel! Zudem ist Radio ja Kino im Kopf und somit kann immer die Lieblingsmannschaft gerade ein Tor geschossen haben…

Ist der Hörer mitten ins Geschehen eingebunden, hat man seine Aufmerksamkeit sicher und die Werbebotschaft trifft ins Schwarze!“ verrät Stefan Nierwetberg, Geschäftsführer der P&P Studios.

Also los geht´s! Ab auf den Rasen, den Court oder die Skis. Sport bringt nämlich nicht nur die Muskeln – aber auch ihre Hörer – auf Trab. Wer einen Golfabschlag inszenieren will oder auch mal “Schaafeschubsen” promoten möchte- wir helfen gerne weiter!

Und hier gibts den Podcast zum Thema!

Ihr/Dein/Euere P&P Studios!

Le réalisateur de Bienvenue à Zombieland, Ruben Fleischer, n’avait jusqu’ici réalisé qu’un seul film. Ce sympathique clip amélioré qui fait office de court-métrage.

Ecrit par les deux comédiennes Mary-Lynn Rajskub (Punch-Drunk Love) et Karen Kilgariff, The Girls Guitar Club se déroule dans un magasin de vêtements dans lequel deux vendeuses se rêvent en chanteuses folk…

The Girls Guitar Club (2001)

Court. It gets the most hardened forensic practitioner quaking in their freshly-polished shoes. All that preparation, the statements, that horrid revelation on the landing that the barrister you’ve had a couple of conferences with is otherwise engaged and handed over to a colleague the night before…all building up into a few gut-wrenching hours or days ‘in the box’, being shafted like Saint Sebastian.

Although I kind of enjoy it when I’m in there and in full flow, the anticipation is horrible – why else would the guard in Cool Hand Luke threaten his wards with ’spending a night in the box’ for the slightest infraction of the rules?

So, along the same lines as my epic ‘Making Reports a Bit More Fun‘, I offer you some tips on making court more fun.

Before Giving Evidence – Waiting to Go On

The first thing to remember is that court exists solely to waste the time of anybody in law enforcement. I know that the defence analyst can also spend plenty of time sitting around, but they don’t seem to have days of their lives block-booked for trials or sentencings that only sometimes happen. During these periods, your options are pretty limited. You can read, but I find the chairs in the landing too uncomfortable to sit in for long. You can’t really watch The Wire on a PSP because it looks unprofessional. Watching the parade of humanity as it awaits judgement can be entertaining for a while, but I find it makes me sad very quickly. It’s still good for a few games though – ‘guess the offence’, ‘gangster or cop’ and ’smoker’s cough or drug-resistant tuberculosis’ are perennial favourites.

In The Court

Once the usher has leaned out of the court door and intoned ‘Bring in the liar Monkey’, you’ve got even more options for lolz. As you walk up to The Box of DOOM with your bowels loosening, the eyes of the jury will be upon you – try pointing an index finger and upright thumb in a cheeky gun-like gesture and tipping them a wink. They’ll probably be apprehensive, and lightening the mood will do wonders for the cause of justice.  The judge will appreciate the sentiment and often call ‘back atcha!’ in a gesture of solidarity.

Next comes the swearing/affirmation. Choosing an obscure text to swear on will endear you to the jury and lead them to believe that you’re a radical,  free-thinking type – try the Egyptian Book of the Dead or a biography of Biggie Smalls (if choosing the latter, remember to tap your clenched fist over your heart twice after reciting the oath).

Getting the Jury On-Side

After you’ve introduced yourself (in true Scaryduck style, just stick to ‘My name is Happy Monkey and I am excellent’ – this should be a rough summary of the first paragraph of your statement anyway), you can start with your evidence.

There will usually be one attractive member of the jury, and you should concentrate on her/him for the whole of your stint in the box – lots of eye contact, smiles, hand-over-the mouth giggling and maybe a subtle wink if you can get away with it. Don’t forget to let your eyes wander over her jumper as well. It’ll help to seal the bond if, when asked a question by a barrister, you hold her eye then break off and say ’sorry, what?’ as if you were too caught up in your personal rapport to bother with the tedium of the court. When the jury retires to consider a verdict, you can be sure that she’ll be on your side.

When giving your evidence-in-chief, you’ll probably have to use a lot of metaphors to explain complex forensicy things like unallocated space, file slack and the principles of web page caching. Try to make these a bit risqué, to enliven proceedings. Remember that it’s your job to keep the jury awake, and humour is a good way of doing this. So rather than using the boring old ‘video tape/long film/episode of The Bill’ explanation of file slack, try something like

NTFS stores data in units of space called ‘clusters’. Sometimes a file’s cluster will not be completely filled by that file’s data. When this happens, there is a bit of the cluster left over that can contain data from an old file that did fill it. This can be likened to a fat man’s buttocks – there will always be a bit that spills out of his underpants, and is not covered by them.

Although this does not make sense in the context of file slack, hopefully everyone will be laughing so much that they’ll just take your word for it. Remember – if you’re struggling, fall back on bum jokes. It never fails.

Barristers

Barristers can be tricky, particularly the defence. It’s his job to a) make you look like an incompetent fool and b) negate your evidence. They can often be quite aggressive in trying to accomplish this, and you should fight fire with fire. If they’re trying to pin you to a yes/no answer when one isn’t appropriate, don’t give in – but rather than telling the judge that you can’t answer the question so simply without misleading the court, just point a warning finger at the barrister and say ‘Don’t get boolean with me, bitch’. The jury will be impressed not only by your toughness but also by your grasp of the basic lexicon of mathematical logic.

Another favourite barrister trick is to pretend that they’ve just scored a point, then turn to the jury and smirk as if sharing a joke at your expense. The best way to counter this is to mutter ‘prick’ under your breath but loudly enough to be heard. This can be accompanied by an obscene hand gesture. If you think the judge would be offended by this, try repeating the barrister’s words in a whiny falsetto. This gambit will be recognised by everyone present from as far back as primary school, and should win you some hearts and minds.

Sometimes barristers will make reference to computer evidence being boring, arcane and overly-technical. This is usually an attempt to cover up their own failure to read your reports, as well as to curry favour with the jury. To balance the books, you should call out ‘You’re wearing a horsehair wig, you speak Latin and you’ve got a book called ‘Archibold’ the size of my workstation, and you’re calling me obscure?’ If it came from the defence barrister, this can be backed up with a comment about how he’s being paid more than anyone else in the room to understand proceedings, so for the sake of his client’s sanity he should at least pretend to do so.

If things are going badly for you and you’ve got some colleagues in the public gallery, get them to hold up ‘Applaud’ and ‘Boo’ placards to the jury whenever you and the defence barrister are speaking, respectively. If taking this route, try answering questions with exaggerated head movements and addressing the barrister as ‘girlfriend’ regardless of their gender. This will appeal to any Jerry Springer fans in the jury.

The jury will be mystified by the way that the judge sends them out every ten minutes so that he and the barristers can discuss matters like whether the defendant’s habit of chewing a baby’s arm during proceedings is prejudicial to the trial. If you really want to get them on-side, when they get called back in you should explain to them what’s just happened.

Long Trials

During long trials, everyone gets bored. If your evidence is to go on over several days, you need to make sure that you’ve still got the jury’s attention. Try wearing different fake facial/head hair on every day of the trial – a Fu Manchu one day, a ZZ Top the next, an Afro the day after. This is particularly effective if you’re a lady.

To keep things fresh, you can try delivering your evidence in different styles and with reference to popular culture – Gollum is always popular, as is Star Wars. In my last trial I presented part of my testimony in the style of Colonel Kurtz and others from Apocalypse Now. Here’s an excerpt from the transcript:

Defence Barrister: You began your examination in July 2008, after the arrest of the defendant?
Me: I wanted a mission, and for my sins, they gave me one. Brought it up to me like room service. It was a real choice mission, and when it was over, I never wanted another.
DB: I’m sorry?
…
DB: You say that you have no way to account for the provenance of this image from unallocated space. You cannot attribute any date to it at all?”
Me: I watched a snail crawl along the edge of a straight razor. That’s my dream; that’s my nightmare. Crawling, slithering, along the edge of a straight razor… and surviving.
Judge: Mr Monkey, after repeated warnings I have no option but to send you down for the night, for contempt of court. We’ll try again tomorrow, shall we?
Me: Nooooooooooooooooooooooooo! I’m too pretty for prison, yr’honour!

This post was brought to you with the help of Steppenwolf, KLF, Jimi Hendrix, garlic peanuts (surprisingly tasty!) and a passable Rioja.

I’m going to try to stick to a routine with my postings – a funny on Monday and Fridays and something mid-week. There’s also an artistic treat in store for you, courtesy of a reader.

What do you do if you spend too much time playing video games? Get an outside social life or, at the very least, develop a bit of willpower? No, you sue the company responsible – which is just what a Californian man is doing. What’s more, he’s ordered Martin Gore from Depeche Mode to testify in his case. Isn’t that amazing?

Erik Estavillo is taking legal action against Activision Blizzard, claiming that not only does their World of Warcraft game have an unfair monthly charge of $14.99, but that it has also wreaked havoc upon his health.

Depression, OCD, panic attacks, Crohn’s disease…all of these are caused by making a picture of an orc run around on a computer screen with other mystical creatures, apparently. Hey, it could be worse; he could be this guy:

So where does the Depeche Mode guitarist come into all of this?  Well, Estavillo claims that he “relies on videogames heavily for the little ongoing happiness he can achieve in this life”. So basically he’s a very lonely man. And Martin Gore is an expert in this field.

Yes, really. Martin Gore has been subpoenated as an “expert witness on melancholy” in a court case against World of Warcraft.

I’ve heard of musicians being blamed for depression, for rousing people to violence – but being cited as expert witnesses in feeling “sad, lonely, and alienated”? This has got to be a legal precedent, I’m sure.

Given, though, that Estavillo has also summonsed Winona Ryder to give evidence about how her love of The Catcher in the Rye has led her to understand the ties between alienation in fiction and in real life, I’m not convinced that he really thinks that these are going to lend weight to his legal argument. I reckon he just wanted an excuse to meet his heroes. Kudos.

From: Nyaya Yodha <nyayayodha@gmail.com>
To: saveindianfamily@yahoogroups.com
Sent: Sun, November 15, 2009 11:37:59 AM
Subject: [SaveIndianFamily] Public RTI to NCPCR (National Commission for Protection of Child Rights) for child visitation/custody cases

 
for all those with custody cases… download and File this RTI by putting
your own name and address, get response from NCPCR, and file the response as
argument in family court for child custody/ visitation cases.

http://dl.dropbox.com/u/2371641/RTIs%20Public/NCPCR_RTI_TemplateNov09.doc
http://dl.dropbox.com/u/2371641/RTIs%20Public/NCPCR_RTI_TemplateNov09.doc

Use this process of argument/ evidence:

1. That NCPCR has not done any study related to effect of single parent
custody on children, PAS, child development, child psychology etc.

2. Then proceed to argue that since no such study is available in India,
that studies done outside India be considered as expert opinion and
evidence. Show studies done in US or other countries about ill-effect of
single parent custody, and benefits of joint parenting. Court cannot refuse
to look at such studies in that case.

3. If they do not still look at it favourably, then say that this is against
UN child rights convention, which clearly says that child should have access
to both parents whether divorced etc. NCPCR has the mandate to follow
United nations CRC

4. Screw NCPCR again if the court does not pass favourable order.

NCPCR has budget of 6 cr I think… let’s help them utilize it for something
useful for children’s cause.

yodha

–
http://nyayayodha. blogspot. com
http://nyayabharat. blogspot. com

[Non-text portions of this message have been removed]

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My title is in reference to my last post, when I mentioned rain. It is funny how things like that work, not seeing something happen for awhile and then it happening conveniently when you ask for it. It’s almost as if God dropped it solely because I asked, and I can’t complain if that were the case. These last days have been filled quite nicely with productivity.

Online classes began this week and I have maintained a positive outlook on them and made sure to stay ahead in both classes. Along with classes being online, I have my whole day freed up to allow myself to do whatever I please. I make it sound so heavenly, but it isn’t being abused. I spent roughly an hour yesterday at the Winter Park Court House so that I could void one of my two “traffic citations.” Going to something like this is never a convenience for anyone and no one here looked happy. Sometime you just have to pick yourself up and demand that you go and get it out of the way. Now that I have done that, I am glad I can look on and forget.

On a different note, I made my first peanut butter and jelly sandwich with added Whopper candy bites. We had some extra Whoppers lying around and I thought to myself what better way to get them out of the way, but still be used. The sandwich was quite delicious, as expected. What I didn’t expect was how quickly my body tore that sandwich apart, used what it needed, and disposed of it. I found myself driving home and speeding so I could make it to the toilet. Needless to say the sandwich was worth all I went through.

Lastly, I felt compelled to get on my bike and ride today, despite the drizzle. The rain had stopped for the most part, sporadic raindrops here and there, and so I went to rode around the surrounding neighborhood that I lived in. On the ride, I discovered very nicely built houses and several ponds/lakes that were surrounded by these houses. I stopped to sit at a bench and have a talk with the big man upstairs. He has been good to me, all my life, and more specifically these past two months that I’ve lived.

I hope everyone has the opportunity to an incredible Thanksgiving Day that can be spent with friends, family, and loved ones. I made the decision to stay here in Orlando for this holiday and hope that my family back in Oklahoma has a great time . So many babies have come into this world and into the Friend family these past few years, it’s incredible! Be thankful for that which you don’t think of on a daily basis and know that everyone is blessed and that there is more to be thankful for than one can imagine.

Court sports such as squash, racquetball, and tennis have remained popular as a healthy diversion for businessmen and women. One other “court sport” has also grown increasingly popular during the past decade.

However this most rapidly growing court game is guaranteed to be bad for your health, increase your stress levels, deplete your pocket book and produce a sour aftertaste. This rapidly growing sport is played in a court of law. The number of civil lawsuits filed during the last decade has doubled.

The contest usually begins with one of the participants begins to think that if things don’t work out, “I’ll sue ‘em.” From this point on, everybody is a loser. Despite the burgeoning number of participants, hardly ever do you hear of a satisfied winner. When the game is played all the way to the end, there is a declared victor, but it is generally a Pyrrhic victory at best. Rarely are either of the participants eager to play the game again.

While equity may be the intended objective of this court game, we live in less than a perfect world and the actual results are often weighted more towards compromise that justice. Practical business transactions don’t always allow for a clear translation into legal definitions. Significant issues can become distorted in the process.

No spectator, the attorneys, judges, jury, or staffs, will ever understand the issues as well as the participants themselves. The irony is that by deciding to play the game, the participants turn the control of the outcome over to the spectators.

It’s little wonder that the outcome is so often unsatisfactory considering that the rules provide for the final decision to be made by the onlookers. In addition to the costs and emotional strain that the court game takes on its participants, one last insult is that the decision makers have nothing at stake in the outcome.

As if playing in the court of law isn’t bad enough, it favors the big guy over the little guy. The pressures on the independent business owner are greater than those of their corporate brethren. They are burden by spending their own dollars, “real money”, and the responsibilities of attempting to run their business with the distraction.

The system favors those with “deep pockets”. Businesses with corporate treasuries can bear the expense. Generally that’s a management spending somebody’s else’s money with a face saving objective in mind. While the results of the court game are unsatisfactory from a business and financial point of view, the outcome often lets both parties claim some sort of victory on principle.

How can you avoid playing this dangerous game that is developing such a large following? First, be careful about who you do business with. If you can do business on a handshake, legal documents will help you avoid any misunderstandings. If you can’t do business on a handshake, legal documents will probably only provide the basis for continuing disputes. If you don’t trust someone, find somebody else to do business with.

A second step that you can take to prevent becoming a participant in this deadly game is to receive sound legal advice prior to entering into any transaction. If prevention is better than a cure, sound, conservative legal advice is a better medicine than having a world class litigator to argue your case. Take whatever steps are necessary to provide complete disclosures and insure that you exercise due diligence in carefully examining the implications of all relevant material.

If you have already begun to slide down the slippery slope to the court of law, what can you do to stop the journey? If you look at the resolution of any dispute as being a process of negotiation, begin by following some good negotiating principles. Look for areas of agreement regardless of how small they may be. As small issues are resolved, the degree of disagreement on the remaining issues will shrink.

When you are unable to reach an agreement on all the issues involved, perhaps an agreement could be reached on getting an independent opinion. A truly independent outsider’s viewpoint, respected by both parties, might soften the entrenched positions of the combatants. While not having the finality of a court’s judgment or the compromise flavor of an arbitration proceeding, a non binding independent opinion can move the participants along towards making the best decision for themselves.

Because its your business, improve your health on the squash and tennis courts, but stay out of the deadly legal courts.

Vendredi 30 octobre 2009, soirée d’ouverture de la 14^ème édition du festival de court-métrage, à l’Eldorado, Dijon.

Humble spectatrice depuis deux ans, je n’ai pas suivi le conseil de l’affiche de prendre un maillot avant de venir au film; j’aurais plutôt du prendre un couteau pour couper le déjà-célèbre brouillard « made in Dijon ». Mais rien ni personne n’empêche une accro de cinéma d’y aller.

Dehors et dedans ambiance de festival : deux-trois personnes en train d’acheter, au dernier moment, des tickets pour le soir même; d’autres venus une heure avant pour occuper, comme toujours, les meilleures places. Pas de chance pour moi. J’occupe une place avec vue directe sur les boucles rebelles d’un hippie sorti d’un autre film que ceux de ce soir-là. Trop tard pour battre en retraite : je me fixe et je m’enracine dans la chaise en train de jeter un coup d’œil sur le programme.

Sept court-métrages internationaux sur des thèmes divers, films et animations mélangés. Des titres qui accrochent ou, au moins, qui réveille l’intérêt : Orgesticulanismus, Anima, Chainsaw.

Vestido, le premier sur la liste, nous raconte un bout d’histoire drôlement romancée, presque banale et désuète : un couturier chilien tombe amoureux d’une jeune fille qui vient le voir pour une robe. 24 minutes pendant lesquelles elle fouille les placards et il lui coud une bleu robe satinée et provocatrice. Fin attendue : elle s’en va avec sa robe, faite gratos, et il reste chez lui, déserté et amoureux. Une femme, dans la trentaine, baille ennuyée à mes côtés. Juste derrière, un jeune homme sirote indifférent son jus. Ok, au suivant !

Orgesticulanismus, neuf minutes dédiées au mouvement à travers les yeux d’une personne immobilisée dans un fauteuil roulant. On nous parle en voix off sur des images d’animation rythmées d’une musique frénétique et accablante. Une psychologie positive qui émane de bonnes vibrations et le besoin d’agir surtout quand on est privé de la mobilité. J’ai envie de sauter de partout et remercier pour  la normalité de mes fonctions mécaniques. Touché.

On enchaîne avec un festin allégorique, dans un immeuble sombre où les planchers s’effondrent au fur et à mesure que la nourriture est avalée par des gens devenus des sortes d’animaux de proie. L’excès et la voracité sont montrées dans des plans d’ensemble ou rapprochés, selon le regard méprisant et distant d’un valet qui s’occupe du service de table. La musique classique accompagne la tension croissante et la voix du valet vient comme une sentence: « Next floor ». Les ricanements des gens qui font semblant d’avoir compris la morale du film me plongent dans des analyses nouvelles. Apparemment, quelque chose m’échappe.

Chainsaw, Tierra y Pan, Anima, My Rabbit Hoppy n’ont pas réussi à m’arracher ni des rires fous, ni des ronflements, ni des chuchotements au téléphone. En fait, j’ai regardé curieuse jusqu’à la fin, attendant qu’un météorite tombe, qu’un mûr s’écrase, qu’un court-métrage me laisse bouche-bée…mais non, toute la soirée je suis restée comme le roi Lear, la main tendue en espérant…

La joie allait survenir le soir de la clôture, dont l’annonce montrait un respectueux hommage aux 50 ans de la Nouvelle Vague. Youpiii. Toujours les goldies pour terminer en gloire. Et ils ont bien choisi, car les cinq court-métrages, Charlotte et son Jules (Jean-Luc Godard), La Luxure (Jacques Demy), Les Veuves de 15 ans (Jean Rouch), Du Côté de la Côte (Agnès Varda), Une Histoire d’Eau (François Truffaut et Jean-Luc Godard) ont fait le délice du public et le mien. Ravie.

Une bonne surprise fut la diffusion des court-métrages gagnants aux deux sections, nationale et régionale. Le coup de cœur allant à celui d’un jeune réalisateur breton, fan du célèbre Bruce Lee, qui anime pour 8 minutes une poupée jaune en caoutchouc à son effigie. Avec des click-clacs de tête et des onomatopées de guerrier, le                  « Petit Dragon » en miniature explore la chambre, se découvre lui-même tout en montrant des coups de maître d’arts martiaux. L’inédit réside dans le mélange habile  d’humour et  d’ironie de la représentation. Adorable et amusant.

La lumière s’allume, des applaudissements coulent en vagues, certains se réveillent. Un verre de crémant pour arroser la réussite du festival et pour échanger des impressions. Je pars songeant au prochain festival. C’est marqué dans le calendrier 2010 : fin octobre début novembre.

D-M.R

The Supreme Court of Georgia says that one’s mower doesn’t count as a motor vehicle.

Nov 23, 2009 – Atlanta

It all started when Franklin Lloyd Harris was convicted of a felony; motor theft.  He took a riding mower from Home Depot into his van and sped off.  He got a sentence of 10 years in prison.  His public defender says that he should not be charged with stealing a car just theft.

Avant de virer motion capture avec Le Pôle Express, Beowulf et désormais Le drôle de Noël de Scrooge, Robert Zemeckis nous a tout de même gâté avec Roger Rabbit, la trilogie Retour vers le futur ou encore Forrest Gump. Rien que ça ! Ce qui lui vaut mon éternel respect, soit dit en passant.

Nous vous parlions récemment du court-métrage d’étudiant de Richard Kelly (Donnie Darko, The Box) passé par la USC School. Le grand Robert Zemeckis étudiait aussi dans cette école californienne plus de 20 ans auparavant, et avait eu droit, plus ou moins, au même exercice (environ 6 minutes et pas de dialogues traditionnels).

Le résultat aurait pu s’appeller L’ascenseur habite au 21 dans sa VF. Il s’agit d’un court élégant et très bien maîtrisé par le tout jeune Zemeckis (20 ans à l’époque des faits). Enjoy folks !

The Lift (1972)

A court in the southwestern Chinese city of Chengdu has convicted a veteran human rights activist on state secrets charges and sentenced him to jail for three years…. From VOA. Full story

This site may contain information about: virginia city. The blog is also related to: most populated cities.

A court in the southwestern Chinese city of Chengdu has convicted a veteran human rights activist on state secrets charges and sentenced him to jail for three years…. From VOA. Full story

This site may contain information about: china open. The blog is also related to: china store.

Source : http://freeaafia.org/