Friday, 21 December 2012
create network documentation
make the documentation is time-consuming job and boring.
However, the documentation is very important to maintain the condition and smooth your network. Maybe you've just come in as a network administrator in the office of the new and there is no documentation for the network. Or maybe your boss call and ask you to document the network from scratch. regardless of any situation, if you must document without any data, it will be difficult to determine where to begin.
see my post again on the label create network documentation
How to Serve Legal Documents
There are strict rules for serving legal process on a party to a lawsuit. Acceptable methods of serving legal process include constructive service, mailed notice and acknowledgment of receipt, personal service, substituted service and service by publication. Service of process may be effectuated by a process server or a sheriff’s office in the jurisdiction where the real property is located. Special rules apply when serving members of the armed forces and government agencies. Court rules may require service within a specified time period. The original summons should be returned to court after service of the documents.
Instructions
Tips & Warnings
You should provide as much information as possible to your process server. If a party to be served isn’t home or at their office, the number of attempts to serve may result in you having to pay additional fees to the process server. Also, be sure that the process server has sent a copy of the declaration or proof of service to the court.
Errors in service process can be fatal to a lawsuit. You must meticulously follow the laws and court rules relative to service of process.
Source : Roger Jewell, eHow Contributor
Instructions
- Start by filing a lawsuit or other legal proceeding either by yourself or representation by a licensed attorney.
- Determine the acceptable methods of serving the entity or persons. These can include mail and acknowledgment of receipt, personal or constructive service, substituted service or service by publication. Proceedings involving possession andor ownership of real property such as evictions, foreclosures or actions for adverse possession may require that you post a conspicuous notice on the property and thereafter mailing a certified mail notice to all occupants of the real property.
- Contact your state’s secretary of state to determine who the proper agent for service of process is. All corporations must designate a person or company that can accept service of legal process for their corporation. Generally, you must either serve the agent for service of process or serve a person apparently in charge of the office and send a copy of the documents to the company’s main office.
- Serve individuals and sole proprietorships by personal service, if possible. If your process server has unsuccessfully attempted to serve documents personally, you may usually effectuate service by leaving copies of the documents with any person age 18 or older who resides at the party’s residence and sending a copy of the documents to that party via certified mail.If you have diligently and unsuccessfully attempted to locate a party, you can usually get the court’s approval to serve the party by publishing a notice in a “newspaper of general circulation.”
- Serve a governmental entity by whatever method required by your state or required by the specific federal agency. In some cases, you may be required to serve the state’s attorney general or the head of the agency you are suing.
Tips & Warnings
You should provide as much information as possible to your process server. If a party to be served isn’t home or at their office, the number of attempts to serve may result in you having to pay additional fees to the process server. Also, be sure that the process server has sent a copy of the declaration or proof of service to the court.
Errors in service process can be fatal to a lawsuit. You must meticulously follow the laws and court rules relative to service of process.
Source : Roger Jewell, eHow Contributor
Thursday, 20 December 2012
How to Make Legal Documents
A legal document is proof of a contract.
According to Black's Law Dictionary, a contract is an agreement involving two or more parties, in which all parties agree to certain actions. Legal documents are written proof of these obligatory contracts. A legal document can be used as binding proof in nearly all legal situations; to name just a few, legal documents are used in real estate, family law, intellectual property, and commerce. When drafting a legally binding contract, you must adhere to legality and articulate the actions.
- Address only legal activity in the written document. To be considered a legally binding document, the contract cannot involve illegal products or activities. Drugs, theft, and violence are three examples of subject matter nullifying an otherwise binding legal document.
- Address, in the document, two or more voluntary parties. A legal document is not legal if it involves only one party. Likewise, the document is not legal if one or all parties are forced into the contract. For example, if one party holds the other at gunpoint, forcing cooperation, the document is not legally binding.
- Ensure that all parties are of sound mind. Each person involved in a contract must be sane, sober, and of a legal age. Any contract involving an intoxicated, underage, or mentally incompetent individual is not legally binding. Expressing the Actions
- State an offer in the written document. The contract's offer states the obligations to which each party is responsible. The offer is typically conditional. Basically, Party A promises to do or give X, so long as Party B promises to do or give Y. For example, Party A could be a car owner, selling to Party B a vehicle, as long as Party B promises (and delivers) one hundred dollars a month for sixty months.
- Include an acceptance. In the written legal document, it must be apparent that the offered party agrees with what you, as the legal document drafter, articulate in the document. If your original document is not initially agreed upon by your offered party, you can include amendments and re-offer the contract. Not until both parties are satisfied, however, can a written document be legal.
- Include consideration. Consideration means that there exists an exchange between two parties. One party cannot solely receive, and the other cannot solely give. If Party A gives Party B a car, but does not specify consideration, the action is not legally binding. If Party B gives Party A something in return, however, the contract becomes legally binding, even if Party B gives Party A something as minor as a dollar. For your document to be legal, you must include evidence of an exchange.
Tips & Warnings
- Be as specific as possible. The more vague your document, the easier it is to refute. Stating one hundred dollars a month for sixty months, delivered by midnight on the first of each month is a much safer way than requesting six thousand dollars in sixty months. Have a legal professional review your document, and, preferably, offer advice. Lawyers and legal professionals are trained and familiar with potential loopholes.
- Review your document with great care. Because the written legal document is binding, all parties are legally obligated to adhere to the terms.
Source : Andrea Lynn Farkas
Wednesday, 19 December 2012
How to Send Legal Documents
Take care to keep proof that you've sent your legal documents.
Sending legal documents to people who require them is a simple procedure that you can accomplish with a quick trip to the post office. It's important to send any required documentation out before the deadline so that all parties involved in the situation have time to read and assess the documents they receive. Keeping good records of mailing and notifying everyone involved will ensure that if your documentation is questioned in court, you'll be able to answer any charges or concerns.
Instructions
- Call each person who will be receiving copies of the documents you're sending and confirm their physical address.
- Place the documents into a document mailer. Include a piece of cardboard the same size as the paperwork to help ensure that the documents aren't bent or folded. You can obtain these items at the post office or any local office supply store.
- Take the documents in their mailer to the post office and ask the clerk to calculate and attach the postage.
- Request a Certificate of Mailing. You'll need to send you documents via First-Class mail. The Certificate of Mailing is your proof that you posted the documents with a postal worker, so be sure not to lose the receipt. If the documents pertain to an ongoing case, file the Certificate of Mailing with the Clerk of Court where the case is being heard.
- Attach a signature request to the delivery. This will show that the person who is receiving the documents actually got to him and will prevent anyone from saying that he never received his paperwork if he did.
Source : Melly Parker
Tuesday, 18 December 2012
How to Prepare Legal Documents
Although preparing an effective legal document is not an easy task, it is not as arcane a task as many people believe it to be. Many of the principles of preparing legal documents are the same as the principles of good writing that apply to any written work. Other principles are specific to the practice of law. A good rule of thumb when preparing a legal document is to pretend that it is being presented as evidence in court and that the opposing lawyer is trying to twist your words to make them appear to mean something other than what you intended. If you can draft the document well enough to make this impossible, then you have drafted the document properly.
Instructions
- Identify the parties clearly. First and last names are usually not enough--you will need identifying information such as an address or Social Security number that is sufficient to distinguish each person from every other person in the world. Be sure not to confuse the identity of an individual with the identity of the company that he represents--in many cases, companies rather than individuals are parties to a legal document.
- Use terms consistently--don't use the word car in one sentence and the word automobile in the next sentence to refer to the same vehicle. In many cases, parties or terms are defined by the use of capital letters (for example, ...the mortgage held by Second Central Bank, hereinafter referred to as the Mortgage...), where the term Mortgage is used consistently after that point. This may seem cumbersome, but it is often necessary to prevent opposing counsel from manufacturing ambiguities if the document is ever used in court. However, the use of definitions should not be overused to make a document look more legal--it should clarify rather than obscure the content.
- Avoid legalese but don't be afraid to use a legal-sounding term if it is a legitimate term of art. Refer to a legal dictionary if you are unsure. For example, the use of Party A and Party B or Smith and Jones is certainly superior to unnecessarily cumbersome Party of the First Part and Party of the Second Part. However, the term springing executory interest may sound arcane but is probably the most accurate and succinct way to describe what it refers to.
- Use simple grammar whenever possible. Long sentences with more than one subordinate clause can often be interpreted more than one way. This can result in ambiguous double meanings for the same sentence. Such ambiguities could be seized upon by someone who is, for example, trying to avoid contractual obligations.
- Break your document up into clear headings. Specify within the document whether the headings should be used to interpret the text or are inserted for reference only. For example, a price of $10,000 might be alternatively payable in Japanese Yen if the heading reads Payment but probably must be paid in US dollars if the heading reads Payment and Currency. If the headings are inserted for reference only, no such interpretation is available.
- Pay particular attention to any signatures required to make the document legally effective. If an individual is signing on behalf of a company or under a power of attorney, this should be clearly noted. If a document must be notarized, a place for the signature of the notary public should be provided.
- Check over the document to make sure it is flawless in terms of spelling, grammar and punctuation. Remember that the simple misplacement of a comma can change the meaning of a sentence and, in some cases, the entire document.
Source : David Carnes
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