Addressing the Canny Investor

What is Lemon Law?

The Lemon Law was made to protect consumers who purchased a new vehicle that unfortunately turns out to be defective in some ways. For reasons lost to antiquity, defective cars are known as “lemons”. Consumers all over the country may now seek either a replacement vehicle or a refund should they find themselves the owner of a defective automobile. Even though legislation exists to protect you if you should find yourself the owner of a lemon, most people are not familiar with their state’s. . If you feel that you are in need of good lemon law advice then it is advisable that you contact a lawyer who specializes in lemon law cases. Follow lemon law information on this site.

Every state has different lemon laws in place in regards to new car purchases that suffer from a significant number of defects, or repeat defects that the dealer is not able to repair.
Lemon Laws can also extend to Consumer Goods such as Computers, Lemon Truck and Lemon Car. If your car, truck or computer is a lemon, you may be entitled to receiving your money back, a cash settlement, or a replacement. Be sure to check with an appropriate attorney if you believe your case fits lemon law for proper protection of your rights.

Guidelines to Declare your Vehicle as Lemon:
Here are some guidelines for knowing whether or not your car is a lemon:
A motor vehicle may be declared a lemon if it meets all of the following lemon law conditions:

- The vehicle has a serious defect or abnormal condition.

- The defect or condition is covered by a manufacturer’s written warranty.

- The owner reports the defect or condition to the dealer or manufacturer within the warranty term.

- The owner gives the dealer or manufacturer a reasonable number of attempts to repair the defect or condition.

- The owner gives the manufacturer (preferably by certified mail) written notice of the defect and at least one opportunity for repair.

- The defect or condition persists and substantially impairs the vehicle’s use or market value, or creates a serious safety hazard.

- The owner files a timely lemon law complaint and pays the filing fee.

If all of these criteria are met, the Lemon Law “presumes” during the first 18 months/18,000 miles (whichever comes first) that the buyer or lessee is entitled to a replacement vehicle or a refund. However, a replacement or refund may not be automatic since the manufacturer is entitled to prove that no problem exists, that a reasonable number of repair attempts have not been made, or that the problem does not substantially impair the vehicle’s use, value or safety.

This is predicated upon the consumer’s decision to utilize the manufacturer’s arbitration program, which they are not required to do unless they decide to pursue the “presumption” rule.

Even if the vehicle does not fit the 18 month/18,000 mile “presumption” criteria, consumers may still be entitled to a buy back if the vehicle has been subject to a reasonable number of repair attempts ANY TIME during the entire New Vehicle Limited Warranty period, which is typically 3 years/36,000 miles, or 4 years/50,000 miles, depending on the manufacturer.
Read more about information on guidelines.

Attorney: There are many types of attorneys who specialize in things such as maritime attorney, tax attorney, to name a few. Make sure that you find the attorney with the right qualifications to represent your legal position.

If you decide to sue, an attorney will almost certainly be necessary. Many states will allow you to collect attorney fees in a lemon law-related lawsuit. Should you find yourself the owner of a defective automobile, you can certainly file a lemon law claim yourself, but many people will find that the process goes more smoothly with the aid of an attorney who is experienced in lemon law cases. If you think your car is a lemon and you might need to file a claim under your state’s Lemon Law, you should first check with your state’s Website, or contact your state’s Attorney General’s office.

While you may represent yourself during the arbitration process, you may feel more comfortable hiring an attorney. There are many attorneys who specialize in lemon law cases, and they may be able to expedite the process. The presence of an attorney may also make you feel more comfortable if you have little or no experience with this sort of procedure. If the of the arbitration panel does not rule in your favor, or if your state allows you to opt out of arbitration by choice, you may elect to sue the manufacturer yourself. This is often a last resort, as arbitration is often a simpler and faster alternative to lawsuits involving auto Lemon Law claims.

About the author
Michelle magne recommends (http://www.lemonlaw.com) to hep you get rid of lemon vehicle.

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President Bush’s selection of the Hon. John Roberts is an interesting choice. The betting, and there had been betting, was on a minority or female candidate. Instead, President Bush swings for the fences with a middle-aged, white male. Let the ugliness begin.

Competency

Regardless of your political views, Roberts’ intellectual competency cannot be questioned. This man was a very competent lawyer and is a thoughtful judge. As an advocate, his arguments before the Supreme Court were always creative and thorough. As a judge, his written opinions reveal sound analytical skills and logical interpretations of the facts at hand.

The current court constituency has been together for far too long and is intellectually vacant on many issues. The leading intellectuals, Rehnquist and O’Connor are the undisputed “thinkers” on the court. Obviously, O’Connor is gone and Rehnquist will undoubtedly take a reduced roll in light of his serious health issues. The poor man looks like hell!

Of the remaining justices, none is particularly sharp and certainly not a leader of the court. Scalia is a publicity hound and hurls insults at all who disagree with him. Thomas issues opinions that nearly everyone agrees are simply bizarre. Stevens has always taken a back seat and Ginsburg certainly will be in the minority. The remaining Justices are often wildly inconsistent and certainly have issued a number of opinions that turn on the most inane of facts. The recent contradictory decisions regarding the 10 Commandments are perfect examples of a Court gone adrift.

If confirmed, John Roberts will be the first step in bringing solid legal reasoning back to the bench. By solid, I don’t mean liberal or conservative thinking. I simply mean decisions that are logically consistent. Of all the current Justices, Roberts would clearly be the best choice for Chief Justice when Rehnquist finally leaves the bench. .

Okay, we’ve established Robert’s is a quality judge. What effect will his confirmation have on the landmark decisions, particularly Roe v. Wade?

Landmark Decisions

Make no mistake, John Roberts is very conservative. Generally, he will side with the conservatives on the bench, but not always. His vote will be critical since he is replacing Justice O’Connor, the historical swing voter. Depending upon your political leanings, this as either a good or bad thing.

Roe v. Wade

Will Roe v. Wade be overturned? This is the key to Roberts’ tenure on the bench. Personally, his conservative leanings would suggest Roe is dead in the water, but not so fast. Roberts also has a strong belief in upholding landmark cases that have set precedent for an area of law. Obviously, Roe is such a case. Nobody can predict what he will do, but we can predict that the choice will shape his future on the bench.

If Roberts votes to overturn Roe, we will see a complete re-writing of all the landmark cases. By voting to overturn, Roberts will position himself solidly with the conservative Justices on the court. Everything will be open game and the legal landscape will change dramatically.

If Roberts votes to uphold Roe, you can expect the conservative Justices to remain the minority for the foreseeable future. This prediction has everything to do with Justice Scalia.

Although championed by conservative groups, those in legal circles know that no single person has been a bigger obstacle for the conservative movement on the bench. The problem, quite simply, is Scalia is a jerk. He has a very bad habit of personally attacking other Justices in written opinions when they don’t agree with him. Justices O’Connor, Kennedy and Sauter were all supposed to be conservatives, but became moderates on the bench. The generally agreed cause is the personal attacks Scalia let fly in his dissents. Kennedy, in particular, is known to bristle at the mention of Scalia. Though they issue denials, it is well known that many Justices are not on speaking terms with Scalia. If you would like to learn more on the division, pick up a copy of “A Court Divided: The Rehnquist Court and the Future of Constitutional Law.”

If Scalia personally attacks Roberts in written opinions, human nature suggests Roberts will move towards the middle. Scalia will do just such a thing should Roberts vote to uphold Roe. In short, it all comes down to Roberts’ decision on Roe v. Wade.

One way or another, the Supreme Court is about to come front and center in the public eye. Within the next five years, we should see at least two more Justices, Rehnquist and Stevens, leave the bench. Once they retire, the court should remain stable for at least ten years. If only we knew how they would rule!

About the Author

Richard Chapo is with SanDiegoBusinessLawFirm.com - Go to our article section to read more business law articles.

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The Sarbanes Oxley Act is incredibly complex and affects several different parts of your corporation in different ways. In order to comply properly with it, you will probably need specific targeted training for what your CEO and CFO need to know about the Sarbanes Oxley training; what your IT department will need to do; what your Board of Directors should be reviewing; and how to oversee Sarbanes Oxley training in its entirety in your business.

That’s a lot of Sarbanes Oxley training. Small and large corporations both should be concerned about getting training targeted to addressing Sarbanes Oxley. With smaller companies, generalized Sarbanes Oxley training for everyone along with perhaps a specialized class or two for the IT department on SOX 404, and a class for the accounting department on how auditing and accounting procedures are affected. For larger corporations, more specialized classes may be necessary.

Suggested classes for Sarbanes Oxley training

All affected personnel in the executive, accounting, and IT departments, as well as key middle management, should get overview training on the Sarbanes Oxley Act. You might consider having this sort of class before starting specialized Sarbanes Oxley training, and following up at the end of all classes with a debriefing meeting for the same personnel, so that special concerns can be brought up and addressed at the same time for everyone.

A course on understanding section 302 of the Sarbanes Oxley Act is a must for executive management. A good course on this section will teach you the following:

What you’re really certifying.
What disclosure controls and procedures are, and how they differ from internal controls.
What steps you should take immediately to implement Sarbanes Oxley.
What you should do long-term for Sarbanes Oxley.
What you should do prior to signing off on financial reports.

Your IT department will need some serious training on SOX 404, the part about your internal controls over financial reporting. IT departments have proven to be critical to providing these controls, and they will need to understand what controls they should provide, what they need to change about their current IT practices, and what new software they may need to implement.

Your accounting department will probably need Sarbanes Oxley training in a variety of different areas, including SOX 404 and intensive instruction on what kind of auditing procedures they need to implement. In addition, you should consider having a full review of your accounting and auditing practices by a professional trained in Sarbanes Oxley requirements who can examine your entire financial management procedures and determine what Sarbanes Oxley training your company will need in order to comply with these new laws.

After Sarbanes Oxley Training

As you have gathered by now, the Sarbanes Oxley Act is a very complex piece of legislation that will have a real impact on the way you do business for many years yet to come. After your initial implementation of [Sarbanes Oxley training], you should have someone in your organization taxed with keeping up with new developments, and at least consider followup training every year. The full effects of the Sarbanes Oxley Act are impossible to predict, but if you get the best Sarbanes Oxley training available right now, it should have a minimal impact on your business.

Earl Powers, US Lawyer and Sarbanes Oxley Training expert - focusing on Segregation Of Duties and Oxley Sarbanes

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