Week 10 EOC: Lawyer Jokes

Lawyer Joke #1: Lawyer's Heart
A man has a heart attack and is brought to the hospital emergency room. The doctor tells him that he will not live unless he has a heart transplant right away. Another doctor runs into the room and says, "You're in luck, two hearts just became available, so you will get to choose which one you want. One belongs to lawyer and the other to a social worker".
The man quickly responds, "The lawyer's!". The doctor says, "Wait! Don't you want to know a little about them before you make your decision?" The man says, "I already know enough. We all know that social workers are bleeding hearts and the lawyer's probably never used his. So I'll take my chance with the attorney's!"
http://www.1000cleanjokes.com/2012/04/being-lawyer-is-not-easy.html
Lawyer Joke #2: Honest Lawyer
An old man was on his death bed, and wanted to be buried with his money. He called his priest, his doctor and his lawyer to his bedside. "Here's $30,000 cash to be held by each of you. I trust you to put this in my coffin when I die so I can take all my money with me."
At the funeral, each man put an envelope in the coffin. Riding away in a limousine, the priest suddenly broke into tears and confessed, "I only put $20,000 into the envelope because I needed $10,000 to repair the roof of the church."
"Well, since we're confiding in each other," said the doctor, "I only put $10,000 in the envelope because we needed a new X-ray machine for the pediatrics ward at the hospital which cost $20,000."
The lawyer was aghast. "I'm ashamed of both of you," he exclaimed. "I want it known that when I put my envelope in that coffin, I enclosed a check for the full $30,000."
http://www.1000cleanjokes.com/2012/04/being-lawyer-is-not-easy.html
Lawyer Joke #3: DUI
A doctor and a lawyer got into a car accident, on a small country road. The lawyer had figured that nobody else would be on the road, and had raced through a stop sign. The doctor, on a cross street, had no time to react and couldn't have missed the lawyer if he had tried. Fortunately, neither driver was hurt.
The lawyer, seeing that the doctor was a little shaken up, helped him from his battered car and offered him a drink from a hip flask. The doctor accepted, took a deep drink, and handed the flask back to the lawyer. The lawyer held the flask for a minute or two, and gave it to the doctor again. The doctor took another swig. He again returned the flask to the lawyer, who closed it and put it away.
"Aren't you going to have a drink yourself?" asked the doctor.
"Not now," answered the lawyer. "I'll have something after the police leave."
http://www.1000cleanjokes.com/2012/04/being-lawyer-is-not-easy.html

Week 9 EOC: Wall Street Journal

Technically, pot remains illegal across the nation. that's the concern in the high court system. even though its pass in some states it still is an issue for all the other states that pot is illegal to posse and grow, but what is stopping the people that live in the states like Colorado to traffic the pot around. 

“Justice warns that it will intervene if it discovers that marijuana is flowing to children or being trafficked to states where it is still illegal, though under federal law it is still illegal in all states.” 
http://online.wsj.com/article/SB10001424127887323324904579044771286022400.html?mod=wsj_share_tweet 
If pot can truly make a city economy grow through the sale of pot in located stores and meet all the testing need to pass for it to be "safe at your own use" then eventually more states will follow the legal right to posse pot.
"Maybe we'll be the hub of Colorado where we have the testing labs and have a lot of white-collar, good professional jobs contributing to our economy, testing the product from all over the state to ensure the state law is followed," said McFadyen. http://www.foxnews.com/politics/2013/08/25/reefer-sadness-cities-battle-legal-pot-push/#ixzz2e7ziuheA
Why should the law come down on recreational users if it state legal. They should be more concern on the supliers of other states that are not legal to even posse the plant let alone smoke it.
"It would not make sense for us to see a top priority as going after recreational users in states that have determined that it's legal," http://www.theguardian.com/society/2013/aug/29/obama-sue-colorado-washington-marijuana-law

Your Own Argument and Opinions.

Probably the biggest hang up for many aspiring entrepreneurs is that they get so caught up with "normal" business start up things like incorporating/forming an LLC, deciding on a company name, choosing a logo, renting an office, purchasing business insurance, etc. that they waste all of their precious start up capital and time setting up a company that looks just like a business, when one of the business steps should be having a while put together business plan. Having that in place will help with the purchasing of office space the capital it will take to run your place of business,etc. "Contracts that cannot be performed within one year are unenforceable unless they are in writing. This one-year period begins on the date the parties make the agreement." Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub (page 177)  If you want your business to be a success and you don’t have a lot of start up cash, then it is absolutely essential that you have a very strong work ethic.

Rule of law

The rule of law is the rules and rights that make prosperous and fair societies possible. The system in which no one, including government, is above the law and it protect fundamental rights where justice is accessible to all. "Today, most new law is statutory. But common law still predominates in tort, contract, and agency law, and it is very important in property, employment, and some other areas." (Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub/(page 66) Yet there must also be flexibility in the law, some means to respond to new problems and changing social mores."A contract is merely a legally enforceable agreement. People regularly make promises, but only some of them are enforceable." (Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub/page 143) Most business owners would view a good deal as one that meets all their requirements. But there are many other factors to consider, such as whether you want to do business with a particular supplier again. and if so both sides should conclude a negotiation feeling comfortable and happy with the agreement. Negotiations can be unsuccessful if either side feels forced into a corner."Parties form a contract only if they have a meeting of the minds. For this to happen, one side must make an offer and the other must make an acceptance. An offer proposes definite terms, and an acceptance unconditionally agrees to them."(Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub/page 151) Before you start to negotiate, draw up a list of the factors that are most important to you. Decide what you are and aren't prepared to compromise on, you might want to find a supplier that will offer you a discount when ordering in bulk.Once all the points have been negotiated and a deal has been agreed to it's best to get a written contract drawn up and signed by both parties. Although verbal contracts are acceptable and legally binding, they're very hard to rely on in court. So both parties should agree on what the contract will cover. Details of price, payment terms and delivery schedule.

Reasoning of the Law

In a business aspect the reasoning of law is to protect one's self and business and othere parties dealing in business together."We depend upon laws for safe communities, functioning economies, and personal liberties. An easy way to gauge the importance of law is to glance through any newspaper and read about nations that lack a strong system of justice."(Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College, Pub/page 4) Most business owners would view a good deal as one that meets all their requirements. But there are many other factors to consider, such as whether you want to do business with a particular supplier again. and if so, sides should conclude a negotiation feeling comfortable and happy with the agreement. Negotiations can be unsuccessful if either side feels forced into a corner. Before starting to negotiate, one should draw up a list of the factors that are most important and decide what you are and aren't prepared to compromise on when ordering supplies in bulk. "If the seller knows that the buyer plans to use the goods for a particular purpose, the seller generally is held to warrant that the goods are in fact fit for that purpose." (Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College, Pub/page 234)  It's best to get a written contract drawn up and signed by both parties. Although verbal contracts are acceptable and legally binding, they're very hard to rely on in court. Both parties should agree on what the contract will cover. things like price, payment terms and delivery schedule.
     

The Questions

"If an individual runs a business without taking any formal steps to create an organization, she automatically has a sole proprietorship. It is, if you will, the default option. She is not required to hire a lawyer or register with the government. The company is not even required to file a separate tax return—all profits and losses flow through to the owner and are reported on her personal return." (Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub/page 373)  
When in the start up of a business is it advisable to trademark your brand?
Common law trademark rights arise on first use within a product category or geographic market. If you start selling products under your preferred trademark now, you can claim ownership of that trademark without formally registering it with the U.S. Patent and Trademark Office.
What should designers consider when starting their business (LLC, S-Corp, and Partnership?)
Because an LLC offers its owners the significant advantage of greater flexibility in allocating profits and losses, and because LLCs aren't subject to the many restrictions forming an LLC is often the better choice.
Should I have a contract when free lancing work?
Should write up a work contract, a basic contract one can write that is legal by law that states the job description. Details things like the effective (opening) date of the contract, the name of the employer or business name. The name of the business and what the service you will deliver, a date or approximate time frame for delivery and the agreed-upon price Payment terms, including dates and/or milestones can be a basic legal contract.
How do you protect yourself when working with a vendor outside of the United States? (Getting paid, contracts, etc…)
When working as a vendor, how do the laws apply?
Check with the local business licensing agency in your area for more specifics. Typically you need a separate business permit or license from the city or town you're working in, and you may need one for each cart or vehicle you use. The permits usually expire after one year, so make sure you renew them. Some things you can look for: Most vendors must have a permit from the local or state health and you usually have to carry a minimum amount of liability insurance.
How do I protect my brand? How do I protect my designs?
You should be aware that some matters are not protected by patent or copyright laws. The minimum period of protection for trademark agreement is seven years from the date of initial registration. Registration is renewable indefinitely and design can be protected by both copyright and trademark laws at the same time.
What were the early projects that you worked on involving fashion law that you found significant?
What are the most common legal struggles you think those in the creative field have when launching their own business or product line?
Without a business plan you might run into many unnecessary obstacles. Wanting to get into fashion your plan should detail what types of fabric and supplies you will need, how you will get them, how you will market your line and how much it will cost. You need to have a clear-cut business plan in place.
What should designers consider as they think about selling a stake in their business or getting a partner?
I always recommend that people have partnership agreements drawn up by lawyers or other legal professionals who can explain partnership issues in more detail and make sure the partnership agreement says exactly what it needs to say. Some examples questions that were given were what is the financial contribution of each partner? What is the division of work between the partners? What property is included in the partnership and how is it defined? And what happens if one partner wants to leave the partnership?
What are some of the common legal mistakes you see young designers make?

Legal Authority

My progress towards finding a business lawyer to answer my questions is taking a look on line key word Nevada lawyers to see what type of list I can come up with. After five turn downs by lawyers not having the time to speak "lucky me." I end up doing some more research online I came across Lawyers.com and through via email contend with R. Christopher Reade at Reade & Associates located in  Las Vegas, NV to answer my questions dealing with small business. "To establish consent, the principal must ask the agent to do something, and the agent must agree. In the most straightforward example, you ask a neighbor to walk your dog, and she agrees." Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub/ (page 302) Even though I did not get a chance to speak over the phone with Reade I was still able to get answers to my questions in a timely manner being it was through email.