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Appropriate Objections in a Deposition

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Have you ever taken a deposition and had your opponent continually assert inappropriate objections? One after the other: “Irrelevant;” “hearsay;” “assumes facts not in evidence,” “calls for an opinion.” Obnoxious, isn’t it?

Or worse yet, an attorney makes speaking objections blatantly designed to coach the witness, such as: “Calculated to mislead the jury into believing his side of the story, i.e., that the cardiologist failed to review the abnormal EKG and focused exclusively on the mucus in the lungs, when in fact the evidence suggests that the EKG was not conducted until after this witness examined the patient. I instruct the witness not to answer on the grounds that doing so would be prejudicial.”

Considering that depositions cost a thousand dollars or more to take and sometimes require weeks or months to convene, inappropriate objections can be pretty infuriating. This begs the question: Which objections are appropriate in a deposition?

The first thing to remember is that depositions are for conducting discovery. And the scope of permissible discovery includes “any matter not privileged, that is relevant to the subject matter involved . . . [that is] itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” Code of Civil Procedure §2017.010.

Therefore, at all times during a deposition, be attuned for questions that seek information that is privileged, not relevant to the subject matter or that are not reasonably calculated to the discovery of admissible evidence. Objections to such questions, if well-taken, are most likely to be proper.

Privileges are fairly easy to grasp and “not reasonably calculated” questions are those questions that could only logically uncover inadmissible matter. The harder concept to understand is “not relevant to the subject matter.” This is not the same thing as “relevancy” as a test for “admissibility,” as used in Evidence Code §350. Rather, “relevant to the subject matter” for purposes of discovery is best thought of as helpful for evaluating the case, preparing for trial or facilitating settlement. Gonzalez v. Superior Court (City of San Fernando) (1995) 33 Cal. App.4th 1539, 1546.) Also, there is a balance that comes into play when probing into irrelevant matter. Courts consider whether the benefit of allowing the discovery outweighs the burden. See, Bridgestone/Firestone v. Superior Court (Rios) (1992) 7 Cal.App.4th 1384, 1391.

The main thing to remember is that the scope of permissible discovery is very broad. “Reasonably calculated to lead to the discovery of admissible evidence” means that you are allowed to probe into areas that may themselves not be admissible, if doing so would shed light on other evidence that is admissible. See, Greyhound Corp. v. Superior Court (Clay) (1961) 56 Cal.2d 355, 384. Therefore, the scope of proper grounds for objecting to questions in a deposition is narrower than at trial.

For example, it is permissible to ask a deponent questions that call for hearsay, information that might itself be technically irrelevant to an issue or that calls for an opinion, even from a lay witness. The answers to those questions might be inadmissible at trial, but might lead to follow-up questions that uncover admissible evidence. Thus, objections such as “hearsay,” “irrelevant” and “calls for an opinion” are generally improper in a deposition.

Case law specifically allows asking questions that call for hearsay in a deposition because it might lead to other admissible evidence. Smith v. Superior Court (Alfred) (1961) 189 Cal.App.2d 6, 11-12. Likewise, it is permissible to seek information that is cumulative, so an objection on that ground would be improper. TBG Ins. Services v. Superior Court (Zieminski) (2002) 96 Cal.App.4th 443, 448. The one exception to this general rule involves discovery taken from non-parties, against whom fishing excursions far afield of the issues are not likely to be permitted.

Asserting a privilege is a proper objection in a deposition. Such privilege objections include attorney-client (Evid. Code §950), doctor-patient (Evid. Code §990), psychotherapist-patient (Evid. Code §1010), clergy-penitent (Evid. Code §1030), slef-incrimination (Evid. Code §940), spousal communications (Evid. Code §980), trade secrets (Evid. Code §1060), tax returns (Webb v. Standard Oil (1957) 49 Cal.2d 509, 513-514), matters discussed in mediation (Evid. Code §1152), and others.

The next group of proper objections in a deposition involve objections to the form of the question. Under Code of Civil Procedure §2025.460, subdivision (b), unless objections to the form of a question are raised in the deposition, they are waived. Such objections include assertions that the question is ambiguous, confusing, compound, calls for an undue narrative, calls for speculation, is argumentative or leading.

These objections need not be controversial. If your opponent objects to the form of your questions, do not butt heads about whether the objection was proper or not. Simply rephrase your question and move on.

I have seen defense attorneys intimidate plaintiffs and inexperienced plaintiffs’ attorneys in depositions by taking out a copy of the complaint and asking the plaintiff to explain the legal contentions. These are improper questions in a deposition and objections to them would be well-taken. See, Rifkind v. Superior Court (Good) (1994) 22 Cal.App.4th 1255, 1259. Asking the plaintiff questions about factual contentions from the complaint, however, is permissible.

I have also seen attorneys instruct their clients not to answer questions following objections. This is only proper if the objection involves a privilege. Indeed, Code of Civil Procedure §2025.460, subdivision (a) actually requires you to object to a question and instruct your client not to answer in order to preserve the privilege objection or it is waived.

But instructing a witness not to answer a question on any other grounds is improper. Stewart v. Colonial Western Agency (2001) 87 Cal.App.4th 1006, 1015. It is also annoying, since it impedes the flow of information and tends to embolden the witness to look to the lawyer for a side door any time the questions get tough.

Other proper grounds for objection in a deposition include objections to defects in the deposition notice, defects regarding the oath or affirmation, and objections involving misconduct by a party, an attorney for a party or the court reporter.

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The Basics of the Amazon Affiliate API

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For those who are not technically minded when it comes to programming or affiliate marketing through Amazon, one has to know the basics of an Amazon affiliate API.

An API stands for application programming interface. It is a specific set of codes or rules and also, specifications, which are used in software programs in communicating with one another. It basically functions as a crossing point between several software programs and their interactions.

An API is usually created for various things like, computer applications, inventories, libraries, and even operating systems. An API can be very meticulous and detailed, including specifications for protocols, routines, and structures of clusters of data. All these are used in the interactions between the program that implemented the API and the program that uses it, or the “consumer program”.

In the context of web development and marketing through the Internet, publishing API’s have allowed several communities in the web to share content and data between several and different applications and programs. While the content is created in one specific place, it can be dynamically shared, posted, updated, and edited in several locations in the World Wide Web.

An API usually allows a very large range of calculating functions that can be written in several ways as for them to be able to operate in different systems. However, this usually requires the re-compiling of each operating system platform. Once compatible, an API can allow compiled codes to function without having any changes to the system.

Once an API is made, there are two options in releasing them. The first is that the general public be protected of information regarding the API’s released or to be released. The second option offers that the API be freely available to the public. Some API’s, however, offer a mix of the two options mentioned.

One of the top online shopping and auction websites in the world is Amazon. And, like most online companies nowadays, they also offer affiliate programs. Being a trusted website, many people have now signed up an account with Amazon and use affiliate programs through the Amazon affiliate API. Affiliate marketing has not only enhanced the business of sellers in Amazon, but also help many people generate additional income as affiliates.

While the Amazon affiliate API is free to the public, it only requires the affiliate marketer to create an account with Amazon. No need to worry, however, as signing up in Amazon is absolutely free of charge. There can be some premium accounts or options, but downloading the API is totally free.

Using the Amazon affiliate API can be a huge asset to small and large businesses alike. Not only can it help generate the traffic of interactive blogs or websites, it also helps them expand their networks in business. Also aside from earning some profit out of this, merchandise can also easily and quickly be promoted through an affiliate program or network.

So, the next time you think about venturing into affiliate marketing, go ahead and check out Amazon and the Amazon affiliate API.

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Working From Home Secret Report By Ewen Chia – A Full Review

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What is the “Working From Home” Secret Report? It is the latest product from Ewen Chia after his “No Sales System”. Every affiliate marketer alive or making real money online should know who he is. This is the man who is behind many successful launches of make money online reports like Secret Affiliate Weapon aka SAW. He is also adored by many gurus today as their favorite JV partner. But is the “Working From Home” Secret Report worth your read?

The Working from Home or WorkingfromHome.com sales page is not ready yet so hold your horses. It will be launched on 21 April. But for now, Ewen Chia has put up a cool video showing the 5 simple steps you need to get rich online. It comes with a free video transcript. The video sounds a little fuzzy. You can watch it as I have put up the link on my online marketing blog below.

After reading through the “How to Get Rich From Home in Just 5 Simple Steps”, I find the 5 steps rather practical. This man is a logical marketer and the steps are simple to grasp and timeless. All these will work today, tomorrow or in the future.

1. Find a Market with a Growing Demand

It is critical to find a market with an ever increasing demand to consume. This is the best market to get into. Forex trading, stock investing, weight loss and make money online markets are good examples. Selling to such a market, working from home will make you rich.

2. Find a Top-Quality Product That is a Solution to Someone’s Problem

Using the solution-problem approach is the most effective way to sell. With a quality product, all you need is to market it and be focused. However, I like to add that it is always better to focus on one, then duplicate and multiply your success to other markets.

3. Finding an Affiliate Program with a Complete Sales Funnel

As an affiliate, you want to make the most money out of your prospect. If he is going to buy the $20 ebook through your affiliate link, why not sell him an upsell for $67?

An affiliate program that comes complete with such a system and rewards the affiliate is worth considering. This point, I agree.

4. Focus on Cash Earning Activities

Many a times, I find myself distracted just like many affiliates. When you see an interesting email title or video post, you will be curious to watch it. Hours go by quickly if you do not channel your energies to the tasks or work that really matter to your business.

This is not a money making technique or a SEO trick but still, it is good advice for people working from home and wanting to get rich from home using the internet.

5. Take Action

I love to tell all my online marketing students and subscribers this. I am glad that Mr Super Affiliate, Ewen Chia himself agrees completely.

Many affiliates know a lot. But why is it that only 95% succeed?

There is one big problem. Most know but fail to APPLY!

Taking action will get you to a good start. Inculcate that into your lifestyle and you will be well on your way to quitting your job. Start working from home and enjoying the kind of lifestyle you can dream of in your rat race.

Judging from this free report on the “5 Simple Steps to Get Rich from Home on the Internet”, I expected the report to be a no-nonsense, zero-fluff 50-page report.

I had the opportunity to look at it. Ewen Chia’s Working From Home Secret Report will teach one:

1. How to create a new website and bring it from $0 to a 5 figure in 30 days

2. What are the 4 important stages of excellent online businesses

3. How to research a market and know if it is profitable within minutes, ie whether people are buying stuff

4. How to earn without your own website, piggybacking on one of the most popular sites.

5. Ewen Chia’s “one million dollar” blueprint and duplicate it for your own success.

6. Learn why even a “One Page” website you create can beat all the super affiliates with huge lists of 10,000s of subscribers. Real examples will be revealed.

7. Master the 4 ways to get ready buyers ready to spend their money on your products.

8. How to create a product ready to sell in less than 7 days sharp.

There are other secret techniques illustrated in the report. It is ideal for anyone working from home or anyone desiring to do so. Find out more about Ewen Chia’s Working from Home Secret Report at my online marketing blog.

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Two Way Pagers

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Two-way pagers are so called because they can not only display a message, but allow the recipient to send a reply as well. Two-way paging is mainly offered in large metropolitan areas.

These pagers use the Personal Communications Services (PCS) band, which relies upon low-power signals that are picked up by many small signal towers within a given area. Even a small pager is capable of containing all the necessary PCS technology to receive and send messages. Two-way narrowband pagers enable users to reply to the alphanumeric message directly from the paging unit, and offer guaranteed delivery.

A two-way pager, in some cases, can serve as an alternative to a mobile phone. Paging Network, a pager manufacturing company, lets you record a message and have an answering service on the machine. Big companies such as Apple Computer, Hewlett-Packard, MobileMedia Corporation, Motorola, AirTouch Communications, Casio Computer, Mobile Telecommunication Technologies (Mtel), and Sharp either manufacture two-pagers or offer a two-way paging service.

Apart from sending and receiving pages, two-way pagers can handle e-mail and brief voice messages in both directions.

Prices of these tiny devices manufactured by companies like Motorola, Glenayre and Research in Motion range from $200 to $400. Many vendors, however, are now putting emphasis on rent-to-own programs to eliminate this up-front expense and attract more customers.

Carriers like SkyTel, PageMart, PageNet and Bell South Wireless Data charge $25 to $100 every month for two-way service provided by them. The actual rate depends on the volume of characters a user sends and receives.

Two-way paging offers the same convenience as email does. A user can receive a message in the middle of a meeting, and reply immediately without the distraction of using a cellular phone.

Two-way pager manufacturers now hope to rope in third-party software developers to create add-on services and transform these pagers into something like a cross between a laptop and a personal organizer.

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How Do Websites Make Money For Their Owners?

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Some people start websites for no specific purpose. In reality, however, a website can be a good source of money. You just need to know how it can be used for money. This starts with picking the right web design expert who can create your web pages with your purpose for making money online in mind. There are usually two main ways that a site can earn money for you. One of those ways is advertising. This may sound new to you right now because you are just a novice. When you visit websites, though, do you see banners displayed on those pages? These are tools for advertising.

How does advertising work?

It starts with you. All you need to do is to attract advertisers to your blog or website via internet marketing. They will come to your web portal and request to advertise their businesses there. The site does not require a lot of popularity and authority on search engines to succeed. If it can draw real human beings from socio sites like Facebook and Twitter its age will not matter. Your site will still be picked by advertisers for their marketing needs. What you will need is a price tag that different categories of businessmen can accept.

The other method of earning money through your website entails affiliate marketing. This type of marketing is very common among web entrepreneurs. It can be done in two ways. First you can create a service or a product and attract affiliate marketers who can promote it on your behalf. Another way to do affiliate marketing is to sign up as an affiliate of various companies. You could as well join an affiliate network to avoid dealing directly with individual companies. Whatever method you choose, just stay focused. Prior to joining any affiliate program, just consider the following opportunities.

Pay Per Click – Simply called PPC, this kind of money-making opportunity entails getting paid only when a web visitor clicks the affiliate company’s banner. The trick to getting a high conversion rate with PPC is using properly designed banners. They should be irresistibly gorgeous, catchy and meant for targeted audience.

Pay Per Impression – Also called CPM, this opportunity pays according to the amount of banner impressions displayed on a site. This is the number of times a banner is displayed on your website. The M stands for a thousand in Latin numerical structure. This amount is very easy to earn because each time a web visitor opens a page you receive some money. It can be a very good strategy to make money online with if you get a lot of traffic per day.

Cost per Action – Alternatively called Pay Per Sale, this opportunity offers the least conversion rate. It however offers the highest payment rate. This simply means that a lot of hard work will be needed to make bucks with this method. Money is only earned if the customer who clicks a banner on your site actually buys the item from the advertiser’s shop. Another call to action may include signing up for a service. To have success with this method you must first select an advertiser that suits your target audience. Also you will require a nice web design or layout to capture the attention of your prospects.

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How Much Compensation Can I Claim For A Head Injury

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Damage to any part of the head will have a different effect on the quality of life of a sufferer. For example, if you have a detached retina as a result of a blow to the head then this will mean a different level of compensation than if you have endured stitches because of a blow to the head. If the brain has been affected then you are likely to receive much more because the negative influence on your life is usually greater.

Please note that the amounts detailed below should be taken for guidance only.

Eye injury compensation amounts vary from £1,450 – £25,750 but if you experience complete loss of sight in one eye then figures usually start from £32,250. Often psychological conditions can occur following a head injury and claimants have received up to approximately £66,000. Damage to teeth, cheekbones, the jaw, hair and facial scarring see claimants awarded from £1,000 to £64,000. Brain damage is the most severe form of head injury and figures vary greatly.

Brain injuries range from minor to severe. Below is an approximation of what you will receive in each case.

Severe brain injuries – £185,000 – £265,000.

Moderate to severe brain injuries – £144,000 – £185,000.

Moderate brain injuries – £28,250 – £144,000

Minor brain injuries – £10,000 – £28,250.

Minor head injuries – £1,450 – £8,400

Factors considered in a head injury compensation claim

If a person is unable to continue work then financial losses will be awarded. Special damages may also be granted if a victim has suffered a brain injury, taking into account any particular adaptations to a home, specialist care or equipment needed as a direct result of the injury.

Under normal circumstances the following aspects are considered: –

What the life expectancy of the injured party is

The level of dependency on others

The presence of epilepsy and the likelihood of it developing in the future

The extent of physical limitations

The level of communication possible

Next steps

It may not be your first reaction to contact a personal injury lawyer straight after a head injury. You might not think it is a major enough injury to seek compensation for or you may have experienced a lot of stress as a result of an accident. Either way, please contact specialist head injury claims lawyers who will be able to give you straightforward advice on whether or not you are likely to receive compensation and what amount you will be looking to pursue.

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Whose Phone Number is This? Find Out Using a Reverse Phone Lookup Directory

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Do you want to satisfy your curiosity on who owns a particular phone number or you want to locate a loved one who has not been picking your calls? There are various websites on the internet that offer reverse phone lookup services. These websites allows their subscribers to have access to details of a particular phone number they are interested in. These services are carried out through an easy process online even right from the comfort of your home.

If you are receiving prank or threatening calls and you are wondering whose phone number is this? or you want to know the details of the person behind it, there are three major ways to find out.

If the number is a listed number, you can easily make use of the white or yellow pages to know the details of the owner of the said phone number. Most times, these services are free and are easily accessible on the internet.

However, if the phone number you want to lookup is an unlisted or cell phone number, then, you can carry out your search using the various search engines on the internet. Many numbers and their details do float on the internet. Daily on the internet, many people do list their numbers and details on social networking sites, blogs, message boards, business websites etc with the search engines indexing the numbers and their details.

By simply inputting the number on the search box of your favorite search engine, click on search and from the information generated you will know whether you are successful with your search or not. The down side to this method is that most times the information generated by the search engine may not correct or outrightly outdated.

For a fast and convenient method of tracing a phone number, getting an accurate and updated information, and moreover, being on a safer side, it is highly recommended to use the services of a paid reverse phone lookup directory.

Reverse phone lookup directory work in tandem with telecommunication carriers by paying to have access to their various databases and thereafter compiling the information in a central database and made ready to be accessed by their subscribers.

By subscribing and paying a minor fee of $15 for a single search and $40 for unlimited searches, you will be availed the substantive information you need like the full name, past and current address, marital status, office address etc.

The benefits of using the services of reverse phone lookup service is that you can easily find out the owner of any phone number regardless whether it is a land line or cell phone number. More so, you will be provided the full details of any phone number.

In addition to these, they offer money back guarantee for up to 60 days in the event that you are not satisfied with their service.

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