Category Archives: Law and Legal

You Need A Good Law Outline So You Can Memorize The Law

A good law outline is a necessity in order for you to internalize the law. Law outlines are the sine qua non to a full understanding of the law and the process of making a custom outline will dramatically aid in the memorization of the law. Those students who have and know how to use a good law outline will do significantly better than a student without a good law outline.

Not all the law you need to know is discussed or reviewed in class. Thus, good law outlines introduce you to that law and ensure that it is part of your exam writing preparation and memorization.

The main purpose of class is to teach you the application of the law. Law classes are very similar to a chemistry lab. The cases are the experiments. The students and the professor apply rules of law to the facts presented and discuss the results to help the student achieve the ability to apply law to facts. You are expected to have already studied the applicable law and know it dead cold. You are in class to learn how to apply the law. You are not there to do a comprehensive review of the law on a particular subject. Thus relying on class discussions alone to create a good law outline is a serious mistake.

You can purchase a law outline from a good commercial publisher. You have to learn the law but you don’t need to reinvent the wheel. A good law outline or hornbook will help you learn the law.

Hornbooks are without a doubt the way to go but do you really have 26 hours in a day to take the time to learn the law by reinventing the wheel? With 1000’s of pages and convoluted legal talk, you just don’t have the time to become an “expert.” Further, most of the idiomatic concepts presented in hornbooks are presented for academics and not for the naive law student who is just learning them and needs these concepts explained in more absolute terms of black and white instead of massive shades of gray.

Good law outlines circumvent the difficulties in learning the law from hornbooks. A law outline will explain idiomatic concepts in easy to understand language. Such a law outline will also relate these explanations to the legalese used by professors and lawyers to present the terms. It is all about saving time, which is at a serious premium for a 1L law student. You need to learn and grasp concepts quickly with the least amount of confusion.

You need to memorize the law. Hornbooks are very useful in helping you with areas of the law that present special problems for you, but they are useless as a tool for memorizing the law. A good law outline can be of enormous help in memorizing the law and in learning the application of the law. Some are formatted to allow you to memorize the information efficiently.

A Law Outline makes Memorizing the Law Less Difficult.

Choosing a good law outline is a personal process that depends on how you respond to memorization and how you learn things. Objective rules do apply even if you learn by hearing or sight or by example. Selecting a law outline to impress the professor with your class participation is a complete waste of time. Grades in law school do not depend on class participation. Impress the professor with your exam work product and not by sucking up during class. A law outline deals with all the law you need to memorize and not with the nuances of idiomatic applications of the law. Get your priorities in order and if you absolutely need to be the class king or queen by all means good luck.

The self-professed legal geniuses and experts tell you to create a law outline from scratch and solely from class discussion. Classes only go over 60% of the law. Plus do you really think that reinventing the wheel is a good idea? Would it not be better to quickly modify a commercial law outline and immediately start to memorize and learn the law for exam writing?

Perhaps, what the professors and other law students really mean to say is get a law outline that you can easily customize to cover the extra areas that your professor fails to cover.

A good law outline covers all the law and is not 800 pages.

Only the best useful law outlines ensure that they cover all the law in hornbooks and equate their lay explanation of the law with complex idiomatic terms. These outlines give you a basic format that is good or easily modified for memorization and make it easy to customize their work product for your class.

Most important is to get a law outline that is on computer so you don’t have to waste a lot of time retyping or adding information. A custom law outline is the goal but you really want to spend most of your time memorizing the law outline and not in creating the law outline. So modification of a digital law outline to a custom one is the way to save the most time.

Once you have decided on a law outline it is best to customize the information in a format that you like and is easy for you to memorize.

A Distance Learning Law Degree is always Prestigious

The word law refers to the foundation required to make an entire nation rest on it so that it can be ensured of safety for the entire lifetime. Now, a nation can run safely and perfectly provided the citizens keep up with the civic laws. Therefore, if you are one of those willing to gather knowledge on the laws of your nations and all other legal aspects, you need to enroll in an LLB degree program. An LLB or Bachelors in Law degree program is one of the lucrative career options that not only ensures you a bright career but promises you a dignified job in courts and other legal houses.

In the recent years, the LLB degree program has emerged to be a demanding career option for thousands of individuals. In fact, LLB is the best option for anyone willing to enter into the arena of legal profession. There are plenty of universities and learning centers that offer Bachelor and Master degree programs in law. So, if you want to take admission in any of the universities offering law courses, you need to first do a lot of research work in choosing the best educational institution. Remember, the admission procedure is not the same everywhere. It varies from place to place.

The duration of an LLB course is three years. Once a student earns the degree, he is required to apply for a license that can allow them to practice as a professional lawyer. As far as the nature of LLB course program is concerned, its simply huge. This Bachelors degree program in law includes diverse subjects like political science, economics, psychology, religion etc. Therefore, the one who successfully completes this program will become highly knowledgeable in almost every field.

Completing an LLB course grants one the membership in the bar council. Now, once you become a member of the bar council, you need to undergo a licensing session. Here ones law related skills and commitment towards the legal profession are tested with the help of a licensing examination, various assignments, solicitor and barrister licensing examination. Once the licensing term gets over, the LLB graduate has to sign in the Court as well as the Superior Court of Justice. At the end of all such formalities, a student will then be called a solicitor or a barrister.

Students aspiring to become a barrister or a solicitor must have profound knowledge in subjects like philosophy, literature, economics, history, political science etc. Moreover, one also gets to learn public speaking skills, analytical skills, legal writing skills, research skills, court-decision making skills and a few more. Moreover, a Bachelors or Master Degree course in law can also be pursued in two ways  full time and distance learning.

Distance learning has become one of the most preferred alternatives for students and especially working personals in todays world. Gone are those days when one used to visit the campus classes to maintain regular attendance. Today, you can simply go online, chose your preferred institute, enroll then and there and kick off with your distance learning courses .

What Is unreasonable Behaviour Some Examples Of Things Your Divorce Solicitor Will Tell You

In England and Wales, you can only divorce if you have been married for at least one year. There is only one basic ground for divorce: the irretrievable breakdown of the marriage. You can prove irretrievable breakdown by establishing one or more of the following ‘facts’ for divorce:

Fact 1. Adultery
Fact 2. Unreasonable behaviour
Fact 3. Desertion
Fact 4. 2-year separation
Fact 6. 5-year separation (in this instance your spouse does not have to consent to divorce)

This article focuses on the most often misunderstood area of divorce law and gives an overview of what constitutes unreasonable behaviour in the eyes of the court. This article offers information both for the Divorce Respondent (the person who receives the divorce petition) and the Divorce Petitioner (the person who issues it).

What kind of behaviour is considered unreasonable?

English courts today take a fairly liberal approach to defining unreasonable behaviour in divorce law. The courts tend to be pragmatic about which behaviours are deemed unreasonable enough for divorce, since they understand that if a couple appears together to obtain a divorce, the marriage has indeed irretrievably broken down . The term covers extreme types of behaviour like alcoholism or violence, but it is by no means necessary to make serious allegations of this sort in a divorce petition. In fact, for those wishing to obtain a quick divorce which remains amicable, to cite unreasonable behaviour can be a sensible way forward- if you do not wish to wait the 2 years which are required by the courts to obtain a separation based divorce. The one criterion for unreasonable behaviour is that it must be such that one partner can no longer tolerate living with the other one. Examples may include the unreasonable partner working too many hours, not assisting enough with children, or not having anything in common. A few basic points which convey why you feel the behaviour makes it impossible to live together will suffice, since the courts do not insist on extreme examples of behaviour- just enough to prove that there is no retrieving the relationship.

When should you cite unreasonable behaviour in order to divorce?

It is important to be aware of the time limits for which unreasonable behaviour can be valid grounds for divorce. Unreasonable behaviour is usually cited in divorce petitions if the couple have not separated for any length of time. If you and your spouse are still living together, then the last incidence of whatever type of unreasonable behaviour you have described in your divorce petition must have occurred no longer than 6 months from the date the petition is filed. There are two reasons for this. Firstly unreasonable behaviour is not always unacceptable to spouses, and does not always lead to separation. For instance, if both parties have always worked 14-hour days throughout the marriage, it would lack credibility if one of them suddenly decided to petition for divorce based on the others work habits.

The second reason is legal, and can best be explained by example. Say a husband gets heavily drunk 3 times a week in January, and as a result the wife decides that the marriage is over. However, she continues to live with him, and by March he has reverted to normal social drinking without getting drunk again. At any time within six months of the heavy drinking incidents, the wife could, if she wished, present a petition for divorce based on this unreasonable behaviour. However, 6 months after the last time he got drunk, she can no longer use this incident as past grounds for divorce while she is still living with him (although drinking may be cited as evidence of wider patterns of unreasonable behaviour, if other unreasonable behaviours were also affecting the marriage between January and June).

If, however, the couple did not continue to live together, this incident would remain grounds for divorce. If the wife in the above example had immediately left her husband and moved elsewhere, she could still petition for divorce based on her husband’s drinking even if it were now August. It is prudent in legal terms, however, not to wait too long. The divorce courts will be more sceptical about accepting unreasonable behaviour as divorce grounds if your spouse is not actually able any longer to affect you directly by their unreasonable actions. If it looks as though the six months (since the last incident of unreasonable behaviour) will elapse soon, it may be sensible to consider petitioning for divorce before much longer. Otherwise, you may have to wait two years from the date of the separation before you are able to petition for divorce based on two years’ separation (Fact 4 above). The 2-year fact, furthermore, is dependent upon the other’s consent. If that consent is not forthcoming the person who wants the divorce may have to wait until the separation has lasted five years unless in the meantime his/her spouse relents. This can be less than ideal, particularly if you hoped to obtain a divorce to remarry, so it is worth bearing these time limits for
unreasonable behaviour in divorce petitions.

But I dont want to call my partner unreasonable- its an amicable divorce.

Importantly, divorce is a private matter, as a sensitive and professional divorce solicitor should make clear. Details of unreasonable behaviour in an undefended divorce petition are not divulged to the public, so nobody except the parties directly concerned ever need to know what was in the petition. It is common in the UK for the divorce Respondent to agree not to defend the divorce, on condition that this non-defence does not affect any allegations of unreasonable behaviour in other legal proceedings (which may concern your children or shared property). In the overwhelming majority of cases the allegations are unchallenged because very few divorces are ever in fact defended. The Respondent may sometimes make non-defence conditional on certain agreements as to who bears the costs of the divorce. You may find it advisable to take specialist legal advice on this matter.

What You Meant By Outsourcing Legal Services

Legal Process Outsourcing (LPO) is a field in outsourcing that involves high value added services. Practice of a law firm obtaining legal support services from a third party service provider is referred as Legal outsourcing. If the outsourced unit is based in another country then, the practice is known as off shoring.
At initial stage legal outsourcing involved only low-end works, for eg: transcription. Later this was enlarged to specialized task such as legal research, library services, pre-litigation document creation, consultation, application drafting, analysis, and so on. Now LPO has grown as a mainstream profession for offshore lawyers, attorneys and law firms.
Legal outsourcing can be classified into two processes. They are low skilled quantitative tasks or high end qualitative tasks.

Low skilled quantitative tasks include the following:

Paralegal services and legal coding
Corporate secretarial services
Legal memo development
Transcription
Document management
Litigation support
Data entry

High end qualitative tasks include the following:

Intellectual property rights (IPR)
Patent search and application drafting
Trade mark and copyright registration
Legal research
Document review and analysis and intelligence services.

Outsourcing legal work helps to save up to 50% or more.
As The New York Times reported: The reason for the shift [to outsourcing legal work] echoes the reason companies are sending other work abroad: they save substantial amounts of money. Some companies say they can reduce certain legal costs by as much as 50 percent, and receive work that rivals what they can obtain in the United States. According to Dennis Archer, the President of the American Bar Association, The need to cut costs reaches across many departments, so it should be no surprise that it goes to the legal department as well.
Law firms across the world can significantly gain from offshoring legal services to India.
Besides savings, these legal services will also provide a gateway to well experienced legal experts in India.
Article by Remya Rajesh
SBL BPO Services
http://www.saibposervices.com/Outsourcing_for_Legal_Projects.aspx

A Company Law Jargon Buster

Company law is full of confusing terms, and if you don’t know what they mean then settung up a company can start to look far more scary than it really should be. Read through this jargon buster and you should find it much easier to understand what starting up is all about.

Capital. This is money that is going to be invested in a business. Example: ‘I am starting my business with $5,000 capital, $2,000 of which is my own’.

Contract. When you sign a legal document, you are entering into a contract. Starting a business lets you sign and enter into contracts on behalf of the business — the contract will be between the other person and your company, not you.

Director. The people ultimately in charge of a company are its directors. For a large company, there will be a boards of directors, appointed by the shareholders. For a home business, though, you can appoint yourself as the sole director since you are also the sole shareholder (see ‘shareholder’).

Incorporation. This is the formal name for the process of starting a company. Example: ‘My business was incorporated in March 2000’.

Insolvency. When a company cannot afford to pay its debts. The type of company you have set up will affect what happens in this situation — you may be liable for all of the debt yourself, or for none.

Limited liability. A limited liability company is one where you agree beforehand how much responsibility you will take if anything goes wrong. This protects you from being destroyed financially if something bad happens to your business.

Office. Your company’s ‘office’ isn’t just a place with computers — it’s also a legal concept, meaning where your company is based. Your company must have a registered office, which means that you can’t start a company unless you have an address which would be legal to use for this purpose.

Private. A home business will be private, which means that members of the public cannot invest by buying shares. This does not stop individuals from buying percentages of your company if you are willing to sell, though. Starting your company as a private one also doesn’t stop you from converting it to a public one later on.

Proxy. Someone who acts as a proxy for you acts on your behalf — you have given them the legal right to speak for you. For example, if you get a lawyer to handle the incorporation of your company, they will be incorporating it for you by proxy.

Shareholders. The shareholders are the people who own the company. In your company, you will be the only shareholder (and so own 100% of your business), unless you’ve made a deal with someone else for them to own a share.

Latin.

When you’re dealing with law, the amount of Latin involved can be confusing. Here are some Latin terms you might come across when you’re setting up your company.

Bona fide: ‘in good faith’. This is used to mean that someone says they are telling the truth.

De facto: ‘in fact’. Used when something has happened that makes the ‘real’ situation take precedence from the legal one.

De jure: ‘in law’. The opposite of de facto.

Ex gratia, ‘out of grace’. When something will be done for no fee.

Prima facie, ‘at first sight’. Something that seems true but is wrong.

Quid pro quo, ‘something for something’. When a fee will be charged for a service (or services will be exchanged).

Be Careful with Jargon.

However much jargon you might begin to encounter as you start your business, don’t start to use it yourself. It will make it so that only ‘insiders’ will understand what you mean, and everyone else will feel either a little silly or a little annoyed. By the same token, if you’re speaking to someone (your accountant, for example) and they use some jargon you don’t understand, there’s nothing wrong with asking them to explain what they mean — it’s their fault for using an overly technical word, not yours for not knowing it.

If you’re not sure, there’s a simple rule: jargon is for communicating very specific, technical meanings. It shouldn’t be used to replace everyday language, as it does nothing but cause confusion.

Comprehensive Legal Assistance from Law Experts

If you are in a business, then you must have a lawyer with you who can assist you at every step. It is true that you may require an experienced and expert lawyer to run your business smoothly and professionally. A specialized lawyer will help you understand different types of law associated and the right step to take to avoid any problem. Today, finding the right type of legal services is very easy. You can easily hire a legal firm or a lawyer for your company. You may require different types of lawyers as per your business need. From a business attorney to a sales tax lawyer, you may decide as per your requirements.

Benefits

An expert lawyer or a solo practitioner will help you in making quick and informed business decisions. He will handle your case in the most professional manner, negotiate your lawsuit, make you understand the positive and negative consequences and advise you the best option. He will deal on behalf of you to make your transaction or clear any other legal dealing.

Also being connected with a reputable attorney may have incredible advantages. He will not only explain you the laws and their implications, but also help in making credible investments. In this fast growing competitive environment, it is very essential to have a lawyer with you to become a successful entrepreneur.

Most of the time, people require lawyers for real estate deals. An experienced lawyer will study, probe, & analyze the documents, as well as purchase agreement in order to minimize the chances of fraud. They will scour through several aspects of property and use their experience in making the deal fluent. Professional lawyers will represent you in the court and put your case firmly. He will provide important assistance in almost every aspect of your business. He may advise you for any business venture if it is a profitable one. In essence, you can expect proper and formal advice as well as quality services from business incorporation to annual general meeting.

Lawyers are needed in certain cases that are personal like the case of divorce, medical negligence, wills, and probate matter, etc. At such times, they extend their comprehensive assistance in a professional manner. They provide you complete information about the legal rules. However, if you want to know more about a particular local law, then you can make use of online legal directories. Online legal directories not only bring you the latest legal information, but also provide you an added facility of freely downloading legal documents, such as power of attorney forms, affidavit forms, etc.

Melissa Sugar Attorney Has Extensive Knowledge in the Legal Field

Melissa Sugar attorney started her career as an assistant State Attorney in Clearwater, Florida. She worked there for about four years and got the best trial experience. Her training gave her the confidence to become one of the most powerful female attorneys in Louisiana. From 1996 to 2002, she worked as an assistant district attorney for Desoto Parish. She successfully prosecuted hundreds of felonies including Capital murder. She sustained a death penalty verdict for a high profile case, State v/s Michael Taylor and State v/s Timothy Taylor. Melissa Sugar attorney was the Chief Assistant District Attorney for Bossier Parish from 2002-2006. She was in charge of all violent crimes and tried about 20 homicides and was successful in each trial. One of her high profile cases was State of La. Vs Jocelyn Dooley. The case gained national media attention and she was extensively interviewed for nationally aired television show called -Snapped-. Melissa Sugar attorney has also been featured several times in SB Magazine’s annual Top Attorney’s Edition.

Melissa Sugar attorney graduated from Ole Miss in 1988. After taking a year off between college and law school, she began law school in 1989 with a full academic scholarship. In the year 1992, she graduated Cum Laude with a 3.4 G.P.A from Thomas M. Cooley Law School with honors on the top 5% of her graduating class. She has been listed in Who’s Who of Law Students and was graduated at number 6 out of 143 students. While attending law school, she was accepted for a clinic program called The Sixty Plus, Inc. Elder Law Clinic, which is a two-term in-house, live client, nationally award-winning clinic providing quality free legal assistance to senior citizens in Michigan. Melissa Sugar attorney was the only student to participate in an extension of the Sixty Plus Inc. Elder Law Clinic and she was asked to remain for a third term of the Medicare Part Three cases for clients and to draft proposed amendments of the Medicare Part C Plan for presentation to the Michigan State Legislation. She was also accepted to attend a semester of law school through the Tulane Law School on the Greek Isles.

Melissa Sugar attorney also supports a number of charitable organizations such as St. Jude’s Cancer Research and the Neo Natal Intensive Care Unit.

Online Gambling – Five Legal Factors to Take Into Account.

Online Gambling – Legality in the US: What to Look for in your State Law.

If you are seeking information on online gambling legality in the US, then you should pay a visit to ‘GamblingLawUS.com’. This website is quite detailed and might be able to answer your questions. a couple points which were highlighted that I particularly liked about this particular website was that, they are open to criticism and correction, the information is laid out in such a way that anyone would be able use it and they strongly advise you to seek the advice for a local attorney in your state even though you have accessed their information. This article is focused on explaining the five topics which are covered on a state by state basis.

The first topic on the list in online gambling legality in the US is ‘dominant factor test applied.’ This deals with the aspect of whether the game is based on ‘chance’ or ‘skill.’ If the game is based on ‘chance’ then it is in violation with most states anti-gambling statute. Therefore, the majority of online casinos highlight the factors of their games which enforce the point that ‘skill’ is required to play as opposed to ‘chance’. However, this would only be considered if the state applies this specific test. The second topic I’d like to cover is that ‘social’ gambling is allowed in some states. What is considered ‘social’ gambling you may ask? This is when no player or other person for instance a host or bookie, is able to earn anything more than a normal player in the game. Again you have to determine if playing for money in a social context is allowed in your state.

The next thing to think about is the penalty breaking a gambling law could incur. Let’s look at the difference between a ‘misdemeanor vs. felony.’ Firstly you have to keep in mind what may be classified as a ‘misdemeanor vs. felony’ would vary in each state. A couple states distinguish based on the place of possible incarceration, for instance, in one state you could be sentenced to a city or county jail whereas in others you could be sentenced to a state penitentiary. However the majority of the states base their distinction on the length of the sentence, for instance, you might get one year or less for a misdemeanor, and a longer sentencing for a felony should you break a gambling law that falls into either category. Next we’ll focus on the difference between charges – that is ‘simple’ versus an ‘aggravated’ charge. When distinguishing ‘simple’ and aggravated’ gambling it is also based on whichever state you reside in. This phrase ‘simple vs. aggravated’ gambling is more commonly expressed as ‘recreational gambling versus professional gambling.’ One may only face consequences of these laws when the individual has a second or third violation of a given criminal prohibition or one may face the full consequences after the first infraction depending on how strictly gambling laws are enforced in that particular state.

The fifth on the list in online gambling legal issues in the US is ‘express internet prohibition.’ This simply means if a state has adopted a particular law which prohibits the offering and playing of gambling games offered over the internet. Keep in mind though that even though the state did not pass any laws which bans the offering and playing of online games, it does not mean that it is legal to gamble there. This particular section is quite complicated. In closing you should really take a look at this website as well as others which provide similar information, because if you do desire to gamble online then you should go about it the safe and legal way.

Types of Legal Plans

Legal PlansA prepaid legal plan is basically a scheme based on the payment of the plan in advance of a set fee to defray the cost of providing future legal services to the members enrolled in the scheme. They tend to vary in cost, the scope of legal coverage provided and how the actual legal services are provided. We will be taking a look at the different types of pre-paid legal plans available in the United States and how you should go about enrolling into them.

An individual pre-paid legal plan is readily accessible to the general public. There are basically two types of individual plans: access and comprehensive. An access pre-paid legal plan is the more basic of the two plans. It is designed to give easy access to lawyer and a set of simple legal services for a low cost. Basic services furnished include unlimited toll-free phone access to your attorney for consultation and advice, letters written by the lawyer on your behalf, brief office consultation and the drafting or review of simple legal documents.

Complex legal issues not covered will be subject to an hourly or flat rate negotiable with your provider

The comprehensive plan goes beyond basic legal services, to offer more complex and comprehensive coverage for a premium in cost. Generally, all the benefits of an access plan are provided at no cost to you, plus a broader range of services like drafting complicated legal documents, negotiations with adverse parties, and legal representation in court cases such as divorce and child custody. They also cover all the costs involved in a legal litigation. Comprehensive plans typically start at $300 per year and are most beneficial to middle-class families.

A group legal plan is typically sponsored by an organization as a fringe benefit to its members. The lawyer or law firm contracted provides free or low-cost legal coverage to all members of the sponsoring organization. Employers, labour unions and even universities are now increasingly offering group legal plans to enhance the value of their benefits package and reduce the cost of administrative burden. Law firms are contracted to provide participating members telephone and office consultation for their most frequently needed legal matters. These typically include: Preparation of wills and trusts, document preparation and review, debt and real estate matters and family law.

Additional legal coverage can be contracted according to a fee schedule negotiable between the plan sponsor and provider, and publicised to participating members.

What Is The Can Spam Act

The Can Spam Act was passed in 2003 and was one of the first laws to control spam. There is much controversy surrounding this law; many people believe it is a victory for e-mail users who are worried about risky spam, and others feel that it is a green light to certain spammers who want to foist aggressive advertisments on consumers.

The law is quite strict about illegal activities, but seems to allow loopholes for regular commercial business whose spam many e-mail users also find annoying. Still others greet the law as a first step in bringing the battle against spam into the public sphere.

The Can Spam Act stands for Controlling Assault of Non-Solicited Pornography and Marketing Act. Those who must follow this law are all those who send commercial e-mail that promotes a service or product. Sending mass advertising is permitted as long as the information is not false or misleading and doesnt involve any illegality.

The agencies with the jurisdiction to enforce the Can Spam Act are the FTC (Federal Trade Commission) and the DOJ (Department of Justice). These agencies can enforce criminal sanctions against those who violate this law. Federal and State agencies can also serve as watchdogs and to take care of spam problems.

Under the Can Spam Act, businesses are not allowed to use misleading information in their headers, and cannot use false headers as hooks to lure someone to open an e-mail that contains information that is different from that suggested by the header. The e-mail must give the recipient the opportunity to state that he or she does not want to receive any more e-mail promotions from that company.

Once the recipient has ordered the sender to stop sending e-mails, the sender is given 10 business days to cease from sending e-mails to that person. Under the Can Spam Act, it is illegal to sell e-mail addresses to others.

Activities that are strictly prohibited under the Can Spam Act include: using other computers as spam zombies, selling e-mail addresses from those who do not want to be contacted, labeling sexually explicit material as something else with a deceptive header or subject line, and harvesting the net for private information about individuals, including e-mails. These activities can lead to a $11,000 fine or jail time.

Many people were heartened by this law, while others were disappointed. The reactions were often opposite of those expected. Many spammers who simply promote their business with mass, unsolicited e-mails, but do not create spam zombies or engage in illegal activities, applauded the law as a legitimization of their business practices.

Many Californians who wanted to make all spamming illegal in their state were disappointed by the laws leniency regarded unsolicited marketing. However, even those who were disappointed saw it as a first step toward spam regulation.

Some wonder about the effectiveness of the Can Spam Act, and indeed, about the viability of attempting to regulate the net at all. Many people receive so many spam e-mails that they do not have the energy to report every case that appears.

Similarly, agencies are usually swamped with complaints, and can only deal with the most serious cases. Therefore, some believe that this is the reason the law only deals with dangerous spammers rather than with annoying ones. So, at least for now, it looks like spamming is here to stay.