Juvenile Law

Juvenile law governs the treatment of under-age who committed crimes. Under the law, a juvenile delinquent is someone under 18 years old who committed a crime or who violated rules. Juvenile delinquent is used interchangeably with youth offenders or delinquent minors. Juvenile minors, as they are often also called, have their own courts and are not treated the same way as adult criminal offenders due to the fact that minors need more guidance and care from the state.

Application of juvenile law vary on a state to state basis. The main precept is that the state is obligated to provide care and protection for the children within the state under the doctrine of parens patriae. Most, but not all, states have a juvenile code that brings together all rules and regulations governing the treatment, custody, and supervision of minor offenders. The federal government enacted the Juvenile Delinquency Prevention and Control Act of 1968 to address the increasing incidences of minors committing crimes and the negative effects on minors when placed in mainstream correctional facilities. The federal legislation provides guidelines that should be complied with by the states in their application of their own sets of juvenile laws.

To be considered a juvenile delinquent also varies from state to state. State juvenile codes differ in their definitions of what are considered juvenile delinquent acts. In some states, mere disobedience from parents is considered a juvenile delinquent act. In other states, school truancy and curfew violations are considered juvenile delinquent acts. In all cases, drinking alcohol is a juvenile delinquent act.

Due to the age and, often times, the level of maturity of, the minor offender, cases dealing with juvenile delinquents are delicate and sensitive. Hearings on juvenile delinquency cases are done in a confidential manner in order to protect the child. Courts also do not conduct the hearings like a typical criminal trial where the accused is subjected to thorough examination and cross examination. In juvenile delinquency cases, child specialists such as psychiatrists and counselors are employed to help adjudicate the cases with the goal of rehabilitation, rather than punishment. Juvenile delinquents are afforded the same, if not, more rights than adults who are accused of committing crimes. For most juvenile delinquent acts, the penalty would be paying a fine, community service or counseling.

The minor can also be sent to home confinement, to a foster group or to a special juvenile detention centers. Minors are provided separate facilities and are aided with social workers and probation officers whose goal is to help the juvenile avoid a life of crime. In rare juvenile delinquency cases, such as when the minor commits murder, the accused is sent to adult prisons, although they are still given separate facilities by virtue of their age. States have not agreed as to a uniform age when minors should be held responsible for their criminal behavior.

Being charged with delinquent acts is not easy especially for minors who, most often, do not know an inch of the law. They are vulnerable to abuses of the legal system if not represented by expert juvenile law attorneys.

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Pharmaceutical Law - Legal Information and Resources

Pharmaceutical Law

Pharmaceutical law governs the manufacture, sale, distribution and use of pharmaceutical drugs. Pharmaceutical laws is a combination of different federal legislation, state laws, and court decisions relating to pharmaceutical drugs. Included in the area of pharmaceutical law is intellectual property law in relation to the protection of a pharmaceutical's research, standards, marketing restrictions and drug prescription and distribution.

One of the most important aspect of pharmaceutical law is intellectual property. The development of a new drug or treatment is project that could earn billions. It is for this reason that pharmaceutical companies are zealous in obtaining intellectual property rights of new drugs and treatments. The U.S. Patent Office, together with the U.S. Food and Drug Administration, govern the granting of exclusivity rights for all pharmaceutical discoveries, inventions and innovations. The FDA is strict in pursuing companies who are manufacturing or selling pharmaceutical products that have not obtained the proper patent coverage. There is stiff competition in the application for patent rights. This is the reason why pharmaceutical companies have a retinue of pharmaceutical law attorneys doing research and drafting documentation for IP application with the Patent Office and exclusivity application with the FDA. In order to acquire exclusivity in the United States, the applicant must comply with requirements laid out by the FDA and the Patent Office. The FDA and the Patent Office have different requirements for application of patent and exclusivity. To be safe, pharmaceutical companies must obtain the two prior to manufacturing a drug, although an FDA exclusivity can be granted without first obtaining a patent.

The FDA gives a five-year exclusivity period for a new chemical entity, which means no other company can file an Abbreviated New Drug Application for the same NCE. Exclusivity application with the FDA can be costly, and, like pharmaceutical research, exclusivity application research is also thorough. The FDA exclusivity occurs regardless of whether or not the Patent Office has issued a patent. If a patent has already been obtained, the pharmaceutical company still cannot legally use any NCE without first obtaining exclusivity from the FDA. The patent must be listed with the so-called FDA Orange Book in order for the patent to work like an exclusivity. Other companies can challenge the validity of patents or a new drug application. Pharmaceutical law attorneys defend defend companies from these challenges as these acts turn really messy especially because of the millions that might be at stake, in terms of lost revenues and profits. These suits are complicated and are thus best left with expert attorneys.

In addition to intellectual property, product safety and marketing is also another important aspect of pharmaceutical law. The FDA has stringent testing on food and drugs before they can be sold in the market in order to protect consumers. Because drugs have the tendency to be abused or misused, the FDA also regulates the kind of marketing for drugs in order for consumers not to file misleading claims. Other laws are also in place that require immediate recall of products that are considered not safe. Product safety and marketing is a subject in numerous class action lawsuits across the country. These suits often seek multi-million dollars in damages. It is therefore a good idea for pharmaceutical companies to hire lawyers to make sure they are in compliance with product safety and marketing laws and defend them when facing complaints on product safety and marketing.

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