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Hooray for the Federal Rules of Evidence!

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The Federal Rules of Evidence used in the United States federal courts and adopted by many states and the military are codification of many years of common law evidence rules. The development of the modern rules of evidence has been a process of nothing more than putting old wine into new bottles. If one can understand common law notions of evidence the Federal Rules will be easy to understand.

The purpose of the Federal Rules of Evidence is to secure fairness in administration of trials; eliminate unjustifiable expense and delay; and to promote the growth and development of the law of evidence in order that truth may be ascertained and proceedings justly determined. As a former trial lawyer and current law school professor who teaches the rules of evidence to students, I view the Federal Rules of Evidence, adopted by Congress in 1975 as a master work of putting the old common law wine into a new bottle. I have used the Federal Rules of Evidence throughout my career.

This article is not about any specific common law rule or rules that may have been put into the new bottle known as the Federal Rule of Evidence. Instead, I write this to show how influential and widespread has been the use of the rules. Forty-four states, Guam, Puerto Rico, the Virgin Islands, and the military have all adopted all or parts of the Federal Rules for use in their court systems. This is a very good trend because the evidence rules of most states will be roughly the same throughout the United States.

The following paragraphs provide fundamental information about the jurisdictions that have adopted evidence rules patterned on the Federal Rules. They include information concerning the date on which the local rules became effective and when amended, if at all:

ALABAMA. Adopted by the Alabama Supreme Court effective January 1, 1996. No amendments.

ALASKA. Adopted by the Alaska Supreme Court effective August 1, 1979. Last amended October 15, 2003.

ARIZONA. Adopted by the Arizona Supreme Court effective September 1, 1977. Last amended June 1, 2004.

ARKANSAS. Adopted by the Arkansas Supreme Court effective October 13, 1986. Latest amendment on January 22, 1998.

COLORADO. Adopted by the Colorado Supreme Court Effective January 1, 1980. Latest amendment July 1, 2002.

CONNECTICUT. Adopted by the judges of the Connecticut Superior Court effective January 1, 2000. No amendments.

DELAWARE. Adopted by the Delaware Supreme Court effective February 1, 1980. Latest amendment December 10, 2001.

FLORIDA. The Florida Evidence Code was enacted by the Florida Legislature effective July 1, 1979. Latest amendment July 1, 2003.

GEORGIA. Governor Nathan Deal signed a House bill which made the Georgia rules effective January 1, 2013. No amendments.

GUAM. Adopted by the Guam Judicial Council effective November 16, 1979. Latest amendment July 18, 2003.

HAWAII. Enacted by the Hawaii Legislature effective January 1, 1981. No amendments.

IDAHO. Adopted by the Idaho Supreme Court effective July 1, 1985. No amendments.

ILLINOIS. Adopted by the Illinois Supreme Court effective January 1, 2011. No amendments.

INDIANA. Adopted by the Indiana Supreme Court effective January 1, 1994. Latest amendment January 1, 2004.

IOWA. Adopted by the Iowa Supreme Court effective July 1, 1983. Latest amendment February 15, 2002.

KENTUCKY. Enacted by the Kentucky Legislature effective July 1, 1992. Latest amendment July 1, 2003.

LOUISIANA. Enacted by the Louisiana Legislature effective January 1, 1989. Latest amendment August 15, 2003.

MAINE. Adopted by the Maine Supreme Judicial Court effective February 2, 1976. Latest amendment July 1, 2002.

MARYLAND. Adopted by the Maryland Court of Appeals effective July 1, 1994. Latest amendment January 1, 2004.

MICHIGAN. Adopted by the Michigan Supreme Court effective March 1, 1978. Latest amendment January 1, 2004.

MINNESOTA. Adopted by the Minnesota Supreme Court effective April 1, 1977. Latest amendment January 1, 1990.

MISSISSIPPI. Adopted by the Mississippi Supreme Court effective January 1, 1986. Latest amendment May 27, 2004.

MONTANA. Adopted by the Montana Supreme Court effective July 1, 1977. Latest amendment October 18, 1990.

NEBRASKA. Enacted by the Nebraska Legislature effective December 31, 1975. Latest amendment July 13, 2000.

NEVADA. Enacted by the Nevada Legislature effective July 1, 2004. No amendments.

NEW HAMPSHIRE. Adopted by the New Hampshire Supreme Court effective July 1, 1985. Latest amendment January 1, 2003.

NEW JERSEY. Adopted by the New Jersey Supreme Court and the New Jersey Legislature through a joint procedure effective July 1, 1993. Latest amendment July 1, 1993.

NEW MEXICO. Adopted by the New Mexico Supreme Court effective July 1, 1973. The latest amendment became effective February 1, 2003.

NORTH CAROLINA. Enacted by the North Carolina Legislature effective July 1, 1984. Latest amendment October 1, 2003.

NORTH DAKOTA. Adopted by the North Dakota Supreme Court effective February 15, 1977. Latest amendment March 1, 2001.

OHIO. Adopted by the Ohio Supreme Court effective July 1, 1980. Latest amendment July 1, 2003.

OKLAHOMA. Enacted by the Oklahoma Legislature effective October 1, 1978. Latest amendment November 1, 2003.

OREGON. Enacted by the Oregon Legislature effective January 1, 1982. Latest amendment July 3, 2003.

PENNSYLVANIA. Adopted by the Pennsylvania Supreme Court effective October 1, 1998. Latest amendment January 1, 2002.

PUERTO RICO. Enacted by the Puerto Rico Legislature effective October 1, 1979. Latest amendment August 30, 1999.

RHODE ISLAND. Adopted by the Rhode Island Supreme Court effective October 1, 1987. No amendments.

SOUTH CAROLINA. Enacted by the South Carolina Legislature effective September 3, 1995. No amendments.

SOUTH DAKOTA. Enacted by the South Dakota Legislature effective July 1, 1978. No amendments.

TENNESSEE. Adopted by the Tennessee Supreme Court effective January 1, 1990. Latest amendment July 1, 2003.

TEXAS. Adopted by the Texas Supreme Court effective March 1, 1998. No amendments.

UTAH. Adopted by the Utah Supreme Court effective September 1, 1983. Latest amendment November 1, 2004.

VERMONT. Adopted by the Vermont Supreme Court effective April 1, 1983. Latest amendment May 27, 2003.

WASHINGTON. Adopted by the Washington Supreme Court effective April 2, 1979. Latest amendment September 1, 2003.

WEST VIRGINIA. Adopted by the West Virginia Supreme Court effective February 1, 1985. Latest amendment January 1, 1995.

WISCONSIN. Adopted by the Wisconsin Supreme Court effective January 1, 1974. Latest amendment March 30, 2004.

WYOMING. Adopted by the Wyoming Supreme Court effective January 1, 1978. Latest amendment February 28, 1995.

THE MILITARY. The Military Rules of Evidence were adopted by Executive order No. 12,198 March 12, 1980. Latest amendment by Executive Order No. 13,262 April 11, 2002.

THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. No date of adoption found.

THE U.S. VIRGIN ISLANDS. No date of adoption found.

What an impressive list of adoptions and enactments patterned after the Federal Rules of Evidence! Several jurisdictions have not adopted rules of evidence based on the Federal Rules of Evidence. They are: California, the District of Columbia, Kansas, Massachusetts, Missouri, New York and Virginia.

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Prolific Virtual Assistance Services

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Outsourcing has become a common practice among all the business owners. They are looking for established companies who can offer their business with effectual and consistent services at cost-effective rates. India has become the leading offshore outsourcing country in the world. Do you know the reason why?

More and more global companies and business entrepreneurs are choosing Indian outsourcing companies for many reasons such as nominal and high-quality services, skilled labor, increased productivity and efficiency, reduced operating costs and many more. Whether it is research assistance or data entry assistance, Indian companies have everything to offer.

There has been a great evolution of virtual assistants services concept for the past many years. Due to the advancement in internet access and remote login tools, many small-sized companies are moving towards virtual service providers for efficacious and cost-effective services.

Who is a virtual office assistant provider?

A virtual employee is like a regular employee who provides your business with administrative, technical or virtual assistance, depending on the business needs. A virtual associate works from a remote office and performs all the daily base office tasks with complete exactitude.

You must be wondering whether the virtual service provider offers other professional services or not. Virtual office assistant providers offer basic office services as well as professional services like: data entry services, executive, research assistance services, etc.

In this kind of service, there’s no need of face to face interaction. You can communicate with your virtual associate via: email, telephone or some common software as it saves both money and time.

Some of the services offered by virtual service providers include: administrative assistance, internet research assistance, data entry assistance, executive assistance, Craigslist assistance, etc.

There are many companies in India who offer inimitable and ingenuous virtual assistance service for the clients at nominal rates. You just have to find the right one according to your business needs. Before choosing a virtual assistant company for your business, make sure the company offers the following:

  • The company has a team of highly talented and versed professionals who can work under extreme pressure and deliver impeccable results for your business.
  • The virtual office assistants offer potent virtual assistants services at faster turnaround times (TAT’s).
  • The company offers services at low-hourly rates.
  • The virtual associate company keeps you regularly updated with the latest trends
  • The company provides a 247 customer support for the virtual office assistance queries, etc.

Keeping these points in mind, you can get a perfect virtual assistant company for your business.

With a virtual service provider, you can work on your important projects and handle cliental meetings rather than wasting time in performing basic office tasks. You can even spend time with your family and live a stress free life.

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From Offline to Online Business in Today’s Globalized Business World

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Beyond a shadow of a doubt, the fast pace of technological changes and the global economy have resulted in hypercompetition as the nature of today’s competitive landscape. In the recent years, regarding the popularity of E-businesses, multifarious online businesses have been found because of the comparatively low barriers to entry and a tremendous number of entrepreneurs have found the nerve to conduct their entire businesses online. According to the Internet World Stats website, approximately 1/3 of the world’s population is using the Internet and the number of users is rising steeply. Many companies struggle to survive in highly competitive market by making use of the Internet as the intensification of competition and the undergoing process of globalization have led to high utilization of the Internet as a supplementary business tool.

As Prof. Michael E. Porter, who is well-known for his strategic system, mentioned in an article, titled “Strategy and the Internet” (in 2001), the Internet should be viewed as a complement to conventional method of competing. In spite of the fact that utilization of the Internet should be considered as a blessing in disguise, it can turn out to be an unmitigated disaster. Since there is a relative lack of reliable market signal and because of the distorted market behavior, the online market should be interpreted carefully to set strategic goals.

The Internet as the Most Powerful Business Weapon

After the Industrial Revolution Period (the 18th, 19th centuries), there has been a marked shift from “mass production” to “mass customization” for the past decades and the Internet eased the process of customization.

In terms of marketing, the process of online data collection (quantitative and qualitative data) is less complex and measuring customer satisfaction can be easily done by conducting online opinion polls and surveys. In other words, the Internet provides marketers with a comparatively easier way to identify customer needs and enhance customer satisfaction. With regard to the online analytic tools, identifying the needs, wants, demands (core concepts of marketing), and targeting the markets are relatively easier on the Internet. In addition, Advertising on the Internet is rather cheaper in comparison with offline advertising.

The emergence of social networking services (SNS) as a sophisticated business tool on the Net and the evolution of Internet marketing, coupled with social media marketing, never cease to amaze researchers. Thanks to the Internet, employees and customers (users) can be in touch instantly anytime, with anyone, anywhere. The Internet can be explained as worldwide network that enables computers to share different information with each other as well as sharing databases, transaction resources, and communications. By utilization of the Internet in organizations the red tape is cut and stratified bureaucracy is reduced to make everyone accessible within organization.

On the one hand, the Internet lowers entry barriers, which is highly desirable to set up a business, as there is no need for huge capital investment and sales forces. On the other hand, the Internet paves the other companies’ ways to penetrate into the market which leads to increasing the threats of substitutes. As a result, by maximizing and minimizing the switching costs of buyers and suppliers, the Internet changes the bargaining powers of buyers and suppliers. There are some characteristic of E-commerce, which is a subset of E-business, such as ubiquity, global reach, richness, personalization, and customization that make it clearly distinguishable from traditional commerce. Moreover, the Internet, which influences strategic positioning (E.Porter, 2001), can be used to achieve competitive advantages.

There are several advantages such as connectivity, convenience, standardization, lower costs, highly customizable services, and speed that are brought by the Internet to the Organizations. By making comparisons, it can be readily understood that how the Internet has impact on industry structure and it is crystal clear that the advantages outweigh the drawbacks. That is why an overwhelming majority of organizations are going online and there are so many that conduct their entire businesses on the Internet.

To conclude, in the light of popularity of digital goods and digital market, it is reasonable to assume that the Internet can be regarded as the most powerful business weapon in today’s business world.

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SEO Services – Benefits of SEO Outsourcing For Small Businesses

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If you are an entrepreneur you must be accustomed to do business in a very structured manner. Usually, the chances are more that you must be managing almost every business processes all by yourself. Now at a time like this if you plan to swap over to the Internet marketing world, you will soon realize that you actually require functioning a bit different from your competitors to be more successful.

Nowadays, many people make use of search engines to get information on any product/service and so you need to be more familiar with the importance of being ranked high in these search engines. Ranking high in search engines can help you bring in more traffic to your webpage resulting in interested readers who might decide to do business with you. All of this can ultimately enhance your sales. For such expansion to the online customers, you need to hire a dedicated team of SEO experts for unique and consistent webpage optimization.

Outsourcing Benefits for small business promotions

The key benefit of outsourcing is that it makes you free from any sort of tension. This is because outsourcing does not distract you from the core business related issues. Therefore, it is always better to focus on the productive things that can make a big difference to your income rather than waste time on trivial things like no updated Blogs or need for a new plug-in for your webpage.

Along with this, nowadays SEO outsourcing services is available at quite an affordable rate. Even if you compare the cost of hiring in-house SEO experts to SEO outsourcing you will observe that outsourcing is much cost effective and easy to approach.

Why should you hire an SEO company?

Besides, considering factors like the time and cost, there are many other significant factors that you must consider before going for optimization of your webpage by professionals:

Quality optimization: SEO is an ongoing process that requires a good amount of time to be spent on. It need a complex research and methodology to be implemented and hence should be done with enthusiasm and patience. SEO webmasters usually have the knowledge and experience to work with competition and for different online marketing needs. They can easily standardize the optimization of your web page and thus producing a quality product.

Dedicated SEO services: Hiring an SEO expert will also be useful for dedicated promotion and marketing of your webpage. Firms providing SEO services will periodically update you with reports indicating the performance of your website as compared to your competitors in the market.

Result Oriented Services – You can be assured of getting desired results with Ethical and Professional SEO Company as they generally implement a structured SEO strategy for your site.

SEO Outsourcing India

Presently, India is one of the most preferred countries being chosen for offshore SEO services. Professionals from India excel skilled resources that can work for you dedicated with utmost professionalism and result oriented strategies. Moreover, most SEO companies in India can also help you to contemplate various optimization strategies and select the right resource according to market trends and requirements.

Today, SEO Outsourcing is the best option for all the web solution needs for a small business wherein you can save your money on other expensive Internet Marketing campaigns and invest them in your business expansion. Therefore, it is very essential for small business owner to understand the need for website optimization and outsource SEO processes to offshore countries to get maximum return to their investment.

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HIV & AIDS – Ayurvedic Herbal Treatment, an Update

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HIV infection is a medical condition characterized by a progressive deficiency in the immune system of the human body, caused by the Human Immunodeficiency Virus. Currently there is no cure for this condition. However, anti-retroviral therapy has succeeded in reducing the virus count to a bare minimum, and has helped the immune system to improve. This therapy has multiple side-effects, and over time, the virus starts multiplying, while the immune system fails gradually.

Some Ayurvedic physicians compare the symptoms of HIV/AIDS to those of “Kshaya” or “Oja-Kshaya” mentioned in Ayurveda. While Ayurvedic treatment may not show the initial dramatic improvement seen with modern drugs, this treatment still has a significant role to play in the long term management of HIV infection. Ayurvedic medicines reduce the virus count and improve the CD4/CD8 count, which are indicative of the modulated immune status of the body. Judicious use of Ayurvedic medicines may also increase the innate (basic) immunity of the body, improve weight and cause excretion of the HIV virus from the body.

Traditional Ayurvedic formulations can be effectively used to treat the opportunistic infections which are a hallmark of advanced HIV infection. Kutaj Ghana Vati, Sanjeevani Vati, Panchamrut Parpati and Kutaj Parpati are used to treat recurrent diarrhea. Arogya Vardhini, Triphala Guggulu, Mahamanjishthadi Ghan Vati, Praval and Kamdudha are useful in Herpes Zoster infection and also in other skin infections. Laxmi Narayan Rasa, Samshamani Vati and Laghu Sutshekhar are used in chronic fever. Chandanadi Vati, Shatadhout Ghrut,Yashtimadhuk Ghrut, Triphala and Chandan (Sandalwood ) powders are useful in recurrent oral and genital ulcers. Laghu Malini Vasant, Madhu Malini Vasant, Suvarna Malini Vasant, Suvarna Bhasma and Heerak Bhasma are used as “general tonics”.

Herbal medicines which are useful in HIV infection are: Amalaki (Emblica officinalis), Bhumiamalaki (Phyllanthus niruri), Yashtimadhuk (Glycerrhiza glabra), Shatavari (Asparagus racemosus), Ashwagandha (Withania somnifera), Tulsi (Ocimum sanctum), Mandukparni (Centella asiatica), Kutki (Picrorrhiza kurroa), Saariva (Hemidesmus indicus), Manjishtha (Rubia cordifolia), Haridra (Curcuma longa), Punarnava (Boerhaavia diffusa), Pippali (Piper longum) and Chitrak (Plumbago zeylanica). These medicines have anti-viral, immunomodulating and adaptogenic properties. Some of these increase body weight, yet others increase the “agni” of the body and therefore maintain cellular metabolism at an optimum level.

Patients with HIV infection need long-term or life-long treatment. Herbal medicines have the advantage of an impressive safety profile, and can therefore, be given for long periods without any significant side effects. Herbal medicines can be given independently, or as additional therapy to modern medicines. The current goal in HIV management of prolonging a healthy life at minimum risk and cost, can thus, be achieved admirably with herbal medicines.

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The Pros and Cons of Advanced Career Training

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If you’re interested in promoting yourself in your chosen career without the commitment of getting a degree, advanced career training might be right for you. This option is usually best for those who already have a bachelor’s or higher degree in their chosen field. However, those in fields that don’t require a degree such as real estate might also look into advanced career training as well. So what are the benefits of advanced career training?

Many times you can get advanced career training for free. Many companies encourage it and include it in their benefits package to entice potential employees during their recruitment process. Some companies require it, and usually will only pay for it if it is essential to their job.

It makes you seem ambitious to your current employer. By getting advanced career training, your employer knows that you are planning on making a career out of your current profession and perceives you to be valuable. Another great tactic is to talk to senior workers and managers to find out what kind of skills are necessary to your job. Then approach your supervisor or human resources department and propose advanced career training on those skills, stating they are necessary to advance in your field.

It makes you work better. While many skills necessary for your job are self-taught, advanced career training allows you to enhance those skills by learning the theories behind them. It also teaches you new skills that are valuable to the work you do now.

Now that you know about some of the pros of advanced career training, what are the negative aspects of doing it?

You can’t take it with you if you change careers. Advanced career training tends to be highly specialized, and if you decide to change careers the training will be useless. While some general information will transfer over to your new field, most of it will not. Which means countless hours have gone to waste.

It doesn’t look as good as a degree. This is why it is recommended you complete a degree program before you get any advanced career training. Moreover, if you want to move up to a managerial field, you better go for the degree first. In a scientific field, it would probably look better on your resume to get a postgraduate degree such as a Master’s or PhD.

Advanced career training can be expensive, and financial aid is not as readily available. If your company isn’t paying for it, advanced career training can drain your wallet fast. And, unlike undergraduate or postgraduate classes, it may be harder to get financial aid. You might want to look at those options first if advanced career training isn’t in your budget.

So, as you can see, there are both positive and negative effects of advanced career training. If you are fairly certain of your career path and already have at least a Bachelor’s degree, advanced career training is definitely the way to go. However, if you are not sure of your career direction or don’t have the necessary degrees for your field, you might want to check that option first. Advanced career training is not portable and won’t do much for you in another profession.

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Pros of Subcontracting Custom Web Development

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Many factors made offshore software development a popular trend among many companies both in European and American Countries. For an example, the value of the IT outsourcing in the North America in 2001 was 59 billion dollar. Key drivers in growth of offshore software development increased revenue potential, selling capabilities to external users, increased process effectiveness, freeing up internal resources, company philosophy of outsourcing non-core activities, lack of suitable skill set, control of costs, and gaining access to world-class capabilities. Software companies significantly increase their income by entering the OSD contracts in addition to the production software for market. With signing a contract, clients can avoid unnecessary expenditure on setting up their own in-house software development infrastructure. Many companies offer custom web development services with intention of offering most cost effective solutions.

OSD offers increased process effectiveness for clients. All processes such as development as well as maintenance and other part of the software life-cycle are run by professionals that are specialized in this type of work. This allows avoiding many of organizational, marketing and managerial mistakes which are figured out common most often. This may result in a decrease of the consumer order cycle time. OSD provides ability to free up internal resources where clients can direct enormous resources usually required by the in-house development to other activities. Provider in turn is free to promote and deliver a specific product to the market. This is usually a more difficult process than advertising expansion services as it allows concentrating on the core activities of the software development.

IT function has always been difficult to manage in organizations. Similarly custom web development projects require a deep and up-to-date technical knowledge, which is lacked by the most business managers. Due to this discrepancy a lot of software project are supplied across national boundaries. With mounting popularity of ‘business process outsourcing’, many companies have started accepting to contract out for core activities, concentrating on the primary business processes. Lack of appropriate skill is a factor behind an increasing importance of OSD. In Germany, for instance, the integer of programmer vacancies estimates for during 2001- 2005 was 210 000. With OSD, Client is free of the most of fixed costs of the development. Provider in turn is able to lower cost due to lower wages, corporate tax rate, rent expenses, etc.

The access to the world class capabilities can again be figured out one of the key success factors for OSD. With its help small businesses are able to get a world class quality services according to international standards because development firms tend to offer high quality development due to increased competition, caused by globalization. Worldwide outsourcing of custom web development provides better quality service. Offshore software firms do specialize in detailed services such as Java programming language, web-based development, etc, and also more skilled than the in-house department of services buying firm. Here, outsourcing firm gets an advantage of increasing its capabilities from its practices and experiences, especially in offshore contracts, when client resides in a developed country with a well established base of research and development.

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