August 22, 2007  nº 531  -  Vol. 5  
 

"It's quite comical, actually, when you realize the difference between reality and what some people are talking on TV about. You lay out a conspiracy and then force people to try to prove it doesn't exist."

George W. Bush, 
at the Nafta meeting this week

In today's Grammatigalhas: the first installment of "Trial procedure and tactics".

• Top News

Brazil implements US$3bn initiative against violence

Lula on Monday launched a massive US$3 billion initiative to tackle high levels of violence in a country that records more than 40,000 homicides per year. The Citizens' National Security Program is a five-year plan that primarily targets juvenile delinquents and aims to use expanded social and preventive policies to divert them from lives of crime. The plan establishes a 500-strong national security force to deploy in cases of extreme violence and boosts police salaries, invests in the corrections system and cracks down on police brutality and organized crime. Lula declared at a news conference that he planned to "confront and conquer the geography of violence and crime which threatens to divide the country." He said violence had created "an apartheid of fear and oppression" in Brazil's crime-ridden slums and shantytowns.

U.S. Losing War on Terror, Experts Say in Survey

A new survey of foreign policy experts finds little support for President Bush's policy in Iraq — and a belief that the United States is not winning the war on terrorism. Foreign Policy magazine and the Center for American Progress polled more than 100 members of the foreign policy establishment for the study, drawing on both Republicans and Democrats.

Copies of Nazi files transferred

The keepers of a vast archive of Nazi documents on the Holocaust have transferred copies of millions of files to museums in Israel and the US. The electronic transfer is part of an agreement to open up the Bad Arolsen archive, overseen by the International Committee of the Red Cross (ICRC). The files, kept in Germany, were found in concentration camps and other Nazi prisons at the end of World War II.

Foreclosures zoom 93%

The number of home repossessions in the US soared in July, figures suggest, underlining the woes facing the sector. There was a 93% jump in filings for repossessions on the same month a year ago, and a 9% rise on June's figure. Falling sales and decreasing prices have made it harder for homeowners who have hit difficulties to sell their homes and clear their debts. Because the lenders have often sold on the debt, this has led to extensive financial difficulties for a number of investment funds with heavy exposure to the sector - prompting fears of a wider financial crisis. Analysts say that the biggest worries for investors is not knowing the eventual scale of the problem.

Nafta talks tackle trade issues

Talks between the US, Mexico and Canada in Quebec have ended after two days of discussions on trade and security. Keeping borders secure while allowing goods and services to flow freely was key on the agenda. And in the wake of a recall of Chinese made toys by Mattel, the nations agreed to block imports of unsafe toys. In the United States opponents have argued that Nafta has undermined manufacturing jobs, despite generating $700bn in trilateral trade. 

Hourly rates increasingly hit $1,000, breaching a level once seen as taboo

The hourly rates of the country's top lawyers are increasingly coming with something new -- a comma. A few attorneys crossed into $1,000-per-hour billing before this year, but recent moves to the four-figure mark in New York, which sets trends for legal markets around the country, are seen as a significant turning point. On Sept. 1, New York's Simpson Thacher & Bartlett LLP will raise its top rate to more than $1,000 from $950. Firm partner Barry Ostrager, a litigator, says he will be one of the firm's thousand-dollar billers, along with private-equity specialist Richard Beattie and antitrust lawyer Kevin Arquit. The top biller at New York's Cadwalader, Wickersham & Taft LLP hit $1,000 per hour earlier this year. At large firms, billable rates have climbed steadily over the years, since 2000 rising an average of 6% to 7% annually. But for some time, the highest-billing partners at top big-city firms have hovered in the mid-to-high $900 range, hesitant to cross the four-figure threshold. "Frankly, it's a little hard to think about anyone who doesn't save lives being worth this much money," says David Boies, a trial lawyer, at the Armonk, N.Y., office of Boies, Schiller & Flexner LLP. While it's hard to raise prices on standard legal work, for matters such as bet-the-company deals, intricate patent disputes, huge bankruptcies or complex antitrust litigation, firms often feel they can raise fees for name-brand partners without upsetting clients. Indeed, clients are often most cost-conscious about junior attorneys, believing they provide less value-per-dollar than senior counsel. Hourly rates, of course, tell just part of the fee story. Firms occasionally discount their stated rates for top clients. And companies sometimes prefer to pay their lawyers a flat fee for each case or deal, believing it encourages more efficiency than billing by the hour. Plaintiffs trial lawyers often bill on a contingency-fee basis, earning a share of a settlement or verdict -- an amount that can dwarf top rates.

Shielding minors

The attorneys general of all 50 states are pressuring social-networking sites to put greater parental controls and age-verification tools in place.

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• Crumbs!

1 - Baterries: Japanese experts demand change to make phones and laptops safe. (Read more)

2 - Emergency: London banks tap into emergency loans fund. (Read more)

3 - Freedom: Dangerous prisoners may get early release. (Read more)

4 - Yen: Yen trims gains and euro rises after China rate hike. (Read more)

5 - Guilty: Vick pleads guilty, waits to hear if he has NFL future. (Read more)

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• MiMIC Journal

Bank lifts China's interest rates

China's central bank has raised interest rates for the fourth time this year as it seeks to control inflation that has hit a decade-long high. The country's benchmark lending rate will rise to 7.02% from 6.84% on Wednesday, while the main deposit rate will increase to 3.6% from 3.33%. The move by the People's Bank of China comes after inflation hit 5.6% in July, fuelled by China's economic boom.

Nike compensated over China fakes

Two Chinese shoemakers and a French supermarket group have been ordered to pay Nike compensation over fake shoes. Jinjiang Longzhibu Shoes, Jinjiang Kangwei Shoes and France's Auchan, must pay a total of 350,000 yuan ($46,100) to Nike. The fake Nike trainers were found on sale in Auchan's Shanghai store.

China pays steep price as textile exports boom

China has recently faced harsh criticism over the safety of its exports. But environmental activists and the Chinese government are increasingly pointing to the flip side of the problem: the role multinational companies play in China's growing pollution by demanding ever-lower prices for Chinese products.

• Grammatigalhas

Legal Meaning Is Not Everyday Meaning

Advocacy

Advocacy represents the strategies devised, actions taken and solutions proposed to influence decision-making at the local & state level to create positive change for people and their environment.

Trial Advocacy 

Discovery techniques, pre-trial court conference, opening statement, direct and cross-examination, impeachment of witnesses, proper handling of documents and exhibits, use of demonstrative evidence, and closing argument, culminating in student participation in simulated trials. 

Trial Objections 

Application of the rules of evidence through role-playing exercises intended to bridge the gap between Evidence and Trial Advocacy/Clinical Courses.

Lobbying

Conducting activities aimed at influencing public officials and especially members of a legislative body on legislation; to promote or secure the passage of legislation by influencing public officials; to attempt to influence or sway a public official toward a desired action. Note: If there is not an existing or proposed legislative bill - any contact or information individuals provide to elected officials is educational.

Devilling

Devilling is the period of training or pupillage undertaken by a person wishing to become an Advocate in Scotland or a Barrister in England and Wales or Ireland.

The prospective advocate is placed under the care of a devilmaster who is usually a senior advocate or Queen's Counsel and follows a program of training as laid down by the Faculty of Advocates.

The instructing solicitor is not informed of the arrangement and the junior barrister is paid by the senior barrister out of his own fee as a private arrangement between the two.

In Scotland, he process has an ancient heritage, and it is the legal right of the Faculty of Advocates to admit persons as advocates to the Courts of Scotland. This right was apparently granted by the College of Justice.

Everyday “Legal” Jargon 

Trial procedure and tactics

Usual order of trial

1. Preliminaries

Bailiff calls court to order, attorneys stand and judge enters room.

Judge asks for attorneys' names (sometimes called "appearances"); attorneys give their names and whom they represent.

Judge asks if there are any preliminary issues and attorneys make motions. Plaintiff usually goes first. Motions are of three kinds:

a) Motion to separate witnesses under Fed. R. Evid 615.

b) Motions in limine to prevent the other side from bringing up inadmissible evidence.

c) Requests that the judge clarify his or her procedures on specific issues; e,g, i) May exhibits be used in opening statement?; ii) May leading questions be used on preliminary or uncontested matters?; iii) Should you state grounds for an objection in open court or at the bench?; or iv) Will the judge give jury instructions before or after closing arguments. If instructions are not given until after arguments, will the judge permit you to refer to specific pattern jury instructions during argument.

2. Jury selection (not usually done at trial competitions)

A jury panel is brought in.

The judge introduces the case and lectures the jury about civic responsibility

Six jurors are called to sit in the jury box.

Plaintiff questions the panel first, and when done, then defendant questions them

Either side may challenge a juror for cause (legal disqualification) whenever grounds become apparent.

After the questioning, the lawyers approach the bench and tell the judge whether they have any peremptory challenges (you just don't like a juror). Plaintiff exercises the first challenge, then defendant, then alternately until they are satisfied with the panel or run out of allotted challenges. You may not challenge jurors based on race, ethnicity or gender. 

New jurors are called up to fill in the jury box and the process starts over again.

The jurors who remain are sworn in.

3. Opening statement

Plaintiff (or prosecutor) gives an opening statement

Defendant gives an opening statement.

4. Plaintiff's case in chief

Plaintiff calls Witness No. 1 

a) Plaintiff conducts direct examination

b) Defendant conducts cross-examination

c) Plaintiff conducts brief rebuttal

Plaintiff calls remaining witnesses. For each one:

a) Plaintiff conducts direct examination

b) Defendant conducts cross-examination

c) Plaintiff conducts brief rebuttal

Plaintiff announces that s/he rests.

5. Defendant makes a motion for a judgement as a matter of law under Fed. R. Civ. Pro. 50.

6. Defendant's case-in-chief

Defendant calls Witness No. 1

a) Defendant conducts direct examination.

b) Plaintiff conducts cross-examination.

c) Defendant conducts brief rebuttal.

Defendant calls remaining witnesses. For each one:

a) Defendant conducts direct examination.

b) Plaintiff conducts cross-examination.

c) Defendant conducts brief rebuttal.

Defendant announces that s/he rests.

7. Plaintiff makes a Rule 50 motion for judgment on the evidence as to any affirmative defense or counterclaim.

8. Plaintiff presents its rebuttal case, limited to new facts, issues and defenses raised during the defendant's case-in-chief.

Plaintiff calls one or more witnesses

a) Plaintiff conducts direct examination.

b) Defendant conducts cross-examination.

c) Plaintiff conducts brief rebuttal.

Plaintiff announces that s/he rests.

9. Both sides renew their Rule 50 motions for judgment on the evidence.

10. Closing arguments

Plaintiff presents the first argument.

Defendant presents his or her argument.

Plaintiff presents the final argument

11. The judge instructs the jury on the law

12. Jury deliberation

The jury deliberates in secret long enough to get at least one free meal.

If the jury requests more instructions or a review of evidence, it takes place in open court with the parties present. Even the judge may not communicate ex parte with the jury.

The jury returns its verdict, the lawyers are summoned, and the verdict is read.

Whichever lawyer lost the case asks that the jury be "polled," a process in which each juror is individually asked if they agree with the verdict.

Basic principles of advocacy

1. Develop a theory of your case and stick to it. 

Make sure that everything you do furthers that theory, and don't waste time on anything irrelevant to it. A case theory is the simplest model that explains what happened and why you are entitled to a favorable verdict, and forms a cohesive, logical view of the merits of the case that is consistent with common everyday experience. A case theory contains the following elements:

Law. Your theory should clearly indicate the proper legal outcome of the case. You must understand the elements of your cause of action or defense, and whether and how you can prove them. If there are multiple legal issues, you must decide what is your strongest legal argument. Just because an issue could be argued does not mean you must do so. For instance, a defendant in a personal injury case could argue that the plaintiff cannot prove liability, or that plaintiff suffered no damages, or both. If you represent a defendant who, at the time of an accident, was drunk, speeding, driving in the wrong lane, and did not have a license, could you sincerely argue that your client was not negligent? If the plaintiff suffered only whiplash injuries that cannot be medically verified, your theory of the case can more comfortably rest on an argument that the plaintiff cannot prove any injury.

Facts. Your theory must be consistent with the weight of the evidence. It also should identify which are the most important items of evidence that support your version of the disputed events. Just because evidence is available does not mean it must be presented -- even if you have spent time and effort to gather it. You must develop the ability to discern helpful from confusing information and the discipline to limit yourself to the presentation of facts supporting your theory.

Weaknesses. You must recognize, acknowledge, and have an explanation for weaknesses, gaps, inconsistencies, and improbabilities in your case.

Emotions. A good theory includes an emotional component. What injustice has been committed? Why is your client morally deserving of a verdict?

Opponent's case. Recognize that there is another side to the story. Analyze your opponent's case to determine where the disputes will arise, what the strengths and weaknesses of the adverse case are, and develop an explanation for why your opponent's version is wrong.

2. Other general principles

Keep it simple. Concentrate on the five or ten most important facts in your case? Identify them in your case theory. If you can simplify your case, edit your presentations, and keep the jury focused on your main points, resisting the temptation to go off on less important tangents, you will present the jury with a case they can understand and remember.

Understand the law of the case as contained in the jury instructions. A good case fits squarely in the middle of it. Save your clever legal arguments about what the law should be and your interesting interpretations for the court of appeals.

Be realistic. Never build a case around what a judge or jury might do, build it around what they will probably do. Sure, it's possible that jurors might believe that a drooling child molester with "Born to Lose" tattooed on his forehead is a credible witness, but it is not likely.

Think carefully about the language that you use. Use words that personalize your witnesses and depersonalize your opponent's. Use colorful labels as mnemonic devices for the main facts.

Corroborate rather than repeat. Exact repetition is boring, but corroboration from several angles is convincing.

Illustrate. Use themes, stories, examples and anecdotes to illustrate your main points. Jurors may not remember all the details of your argument that an opposing expert witness's opinions are purely subjective; but they will remember the story of Goldilocks and the three bears. They may have trouble envisioning what the scene of a crime was like until you tell them it looked like a scene from "Deliverance."

Be positive rather than negative. Emphasize the strengths of your case, rather than the weaknesses of your opponent's.

Start strong. Psychologists have confirmed what our mothers always told us: first impressions are important. This principle suggests that the first thirty seconds of each phase of your trial -- your opening statement, each direct and cross-examination, and your closing argument -- is a critical point in which you should focus on something you especially want the jury to remember.

End strong. The psychological principle called "recency" suggests that the final thirty seconds of each phase of your trial -- your opening statement, each direct and cross-examination, and your closing argument -- is a critical point in which you should focus on something you especially want the jury to remember.

Admit your weaknesses. Every case has weaknesses, e.g., witnesses with unsavory backgrounds or evidence that defies common sense. You cannot ignore these problems; weaknesses do not just go away. You cannot explain them away, but you can disclose them yourself in a way that makes them appear trivial. Psychologists have shown that you will usually be more persuasive if you bring out both sides of an issue yourself than if you adopt the "used-car-salesman" approach of trying to hide obvious points of vulnerability. As a corollary to the principles of primacy and recency, however, weaknesses should usually be buried in the middle of each phase of your trial.

3. Plan Your Factual Case Carefully

Is the evidence admissible? You can anticipate in advance evidence that can be objected to, and places where your opponent may object to your evidence. You need to decide whether the judge will sustain any of these objections and exclude the information. A good theory of the case must be based on a reasonably accurate prediction of what evidence will be admitted and what evidence will be excluded at trial. It is a waste of time to develop a theory premised on evidence that is inadmissible.

Diagram the case. Make a chart in which the elements you need to prove are matched with a list of witnesses and exhibits available to you. You then can comb your interview notes, the prior statements, and the depositions for each witness, recording on your chart every important piece of admissible evidence that will help you prove your theory of the case. The chart can form an outline of your case and help assure that you call all witnesses and introduce all exhibits that help you.

Look for corroboration. One witness is legally adequate, two witnesses and a corroborating document is persuasive. Your goal is to make your case persuasive, not merely adequate. You can make the testimony given by every important witness more credible by corroborating everything that witness says, through exhibits, demonstrations, and the testimony of other witnesses -- especially your opponent's witnesses. For example, a defendant claiming self-defense may ask the arresting officer to describe the overturned furniture suggesting mutual combat, or verify that a knife was found near the victim's body.

Consider judicial notice. Judicial notice is available to introduce many types of information not subject to reasonable dispute. Indiana Rule of Evidence 201 provides for two categories: (1) facts "generally known" in the community, and (2) facts "capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned," such as almanacs, encyclopedias, and newspaper television listings. If you seek to prove facts of the second type, you bear the responsibility for supplying a reference book to the judge.

4. Use a Trial Notebook

A trial notebook provides a central, easily transportable storage place for everything you may need at trial. Consider including the following sections:

a) Dramatis personae. A list of the names of everyone important to the case and their roles -- a quick reminder if you forget.

b) Case theory and a diagram or outline of your proof, which you will use to respond to your opponent's directed verdict motion.

c) Trial schedule, listing everything you intend to do at trial in the actual order you will do it. If you write down the scenario and refer to it as you go along, you will not forget to make a motion, ask for a recess so you can telephone a witness, submit a jury instruction, or call a witness. For example, the first part of a trial schedule might look something like this:

1. Approach bench, ask for preliminary instruction on cause of action.
2. Move to separate witnesses (Joe).
3. Dave goes to get witness Jackson.
4. Opening statement (Mary).
5. Defense opening
6. Direct examination - Jackson (Joe)
7. Defense cross-examination.
8. Request that Jackson be allowed to leave courthouse (Joe).
9. Request judicial notice of traffic law § 9-142 (twenty mph speed limit) (Mary) 
10. Read "school zone" stipulation (Mary).
11. Direct examination - Stevens (Mary).
etc.

d) Pretrial. A section containing a list of queries for the judge at the start of trial, e.g., whether she will permit an exhibit to be used in opening statement, and whether she permits argument accompanying objections.

e) Court documents. A section for the pleadings, rulings on motions, pretrial orders, and any other official court documents.

f) Opening statement. Your notes for your opening statement, if you are giving one.

g) Your witnesses, both for direct and cross, with copies of statements and documents relating to that witness and an outline of the direct or cross-examination. Prior statements and depositions should be carefully indexed so you immediately can locate passages needed to refresh recollection or impeach.

h) Trial motions. Notes pertaining to your argument for or against a motion for a directed verdict.

i) Evidence research. Copies of your evidence research and any briefs you have prepared to support your objections, or a copy of the Indiana Trial Evidence Manual.

j) Closing argument. Your notes for final argument, including sketches of any diagrams you plan to draw on the chalkboard.

k) Exhibits appendix. Originals or copies of all documents you will use at any time during trial and a checklist for keeping track of which ones have been admitted into evidence. Keeping track of exhibits (your own and your adversary's) can be one of the most difficult tasks in the trial. Exhibits are marked, shown to witnesses, talked about, offered, withdrawn, admitted and passed to the judge. Laying adequate foundations may require more than one witness. Few things are more frustrating than being told you cannot use an exhibit during closing argument because you neglected to move it into evidence. An exhibit checklist can help you keep a running record of the status of all exhibits.

… to be continued next week

As If Your Life Depended On It… or How to get to Carnegie Hall? - Practice, practice

Try and / Try to

Although "try and" is common in colloquial speech and will usually pass unremarked there, in writing try to remember to use "try to" instead of "try and."

Hopefully

This word has meant “it is to be hoped” for a very long time, and those who insist it can only mean “in a hopeful fashion” display more hopefulness than realism.

Hang in the balance

Exist precariously. This is an old expression, dating from at least the 15th century, which uses an image, going back to biblical times, of the scales which can be turned by the least weight being added to either pan. It would have been a familiar visual image in the Middle Ages from the many paintings of the souls of the dead being weighed in judgment against the weight of a feather. Anyone who has ever used such an old-fashioned pair of scales will know that two almost equal weights can oscillate for some time before they come down on one side or the other.

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• Historia Verdadera

Read Migalhas LatinoAmerica every Tuesday and Thursday. Visit the website at www.la.migalhas.com

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• Brief News

CIA Releases Pre-Attacks Performance Report

A CIA inquiry has accused the agency's ex-chief George Tenet and his aides of failing to prepare for al-Qaeda threats before the 9/11 attacks on the US. "The agency and its officers did not discharge their responsibilities in a satisfactory manner," the CIA inspector general wrote in a scathing report. The document was completed in June 2005 and kept classified until now. Its release was ordered by Congress.

Rich 'can pay poor to cut carbon'

Rich nations should be absolved from the need to cut emissions if they pay developing countries to do it on their behalf, Yvo de Boer, a senior UN official has said. In developing nations, less has been done to reduce emissions and less has been done to address energy efficiency," de Boer observed.” So it actually becomes economically quite attractive for a company, for example in the UK, that has a target to achieve this goal by reducing emissions in China." The controversial suggestion has angered environmental groups. They say climate change will not be solved unless rich and poor nations both cut emissions together. The current trading system is not delivering emissions reductions as it is. Expanding it like this to give rich countries a completely free hand will simply not work.

EU resumes fuel payments to Gaza

The EU has resumed payment for fuel shipments to the only power plant in the Gaza Strip on a provisional basis. The EU cut off funding last Thursday because of concerns over plans by the Islamist group Hamas, which controls Gaza, to tax electricity bills. The row left hundreds of thousands of Palestinians without electricity but most should now be getting power back. A senior Hamas leader denied his group had any such tax plans, and said assurances had been sent to the EU.

Brazil denies Amazon logging link

Brazil's government has promised to investigate allegations that its policy of settling landless communities in the Amazon is encouraging deforestation. Greenpeace has claimed that some of these areas are being exploited by logging companies, after what it says was an eight-month investigation. Brazil's environment ministry says deforestation in those areas is falling but it will investigate the claims.

Protest march in south Argentina 

Thousands of people have marched against the government in the southern Argentinean city of Rio Gallegos. They represented several different sectors of society and were led by a local Roman Catholic bishop. The demonstrators demands include higher wages and the demilitarization of the province

CIA 'launches Facebook for spies'

The CIA is to open a communications tool for its staff, modeled on social networking sites such as Facebook and MySpace. The project, known as A-Space, aims to improve the way that intelligence agents communicate, it said. Officials believe that the online workplace will allow staff to better analyze information together.

Vatican plans flights to shrines

The Vatican is to launch a low-cost charter flight service to transport pilgrims to holy sites worldwide. The inaugural flight on 27 August will go from Rome to Lourdes in France. A small Italian airline, Mistral, will provide the planes, with the interiors decorated with sacred inscriptions such as: "I search for your face, Lord." Other destinations could include Fatima in Portugal and Santiago di Compostela in Spain, the Holy Land, Poland and a Catholic shrine in Mexico.

Ryanair's Eurostar claim banned

Ryanair has been banned from claiming its flight from London to Brussels is faster and cheaper than making the journey by Eurostar. The claim was misleading because it ignored time taken traveling from city centers to airports, the Advertising Standards Authority (ASA) said.

Ryanair's advert compared its 70-minute flight with a 131-minute train journey.

Venezuela MPs back reforms 

Venezuelan MPs give initial approval to constitutional reforms, including an end to presidential term limits.

Monster attack steals user data

US job website Monster.com has suffered an online attack with the personal data of hundreds of thousands of users stolen, says a security firm. A computer program was used to access the employers' section of the website using stolen log-in credentials. Symantec said the log-ins were used to harvest user names, e-mail addresses, home addresses and phone numbers, which were uploaded to a remote web server. The stolen data could be used to send phishing and spam e-mails.

Professor's Research Results in Terrorism Charges

Prominent German academic Andrej Holm was arrested three weeks ago on terrorism charges. According to the arrest warrant, Professor Holm was linked to a militant group because of his research into "gentrification."

Wal-Mart to launch rival to Apple's iTunes

Wal-Mart, the world's largest retailer, has launched a rival to Apple's iTunes service, offering MP3 music downloads without anti-piracy technology. The US giant joins Apple's iTunes in offering MP3 digital tracks with content from record labels such as Universal and EMI. The move steals a march on Amazon, which revealed plans earlier this year to start a music download service, but has not yet gone ahead with the launch. Analysts estimate that iTunes enjoys about 80pc of the market.

Brazil's Real Weakens as Investors Anticipate New Credit Shocks 

Brazil's currency fell for the seventh time in two weeks as investors anticipated new global credit market shocks, increasing aversion to riskier assets. “The mood is negative, bets are overall pessimistic, and volatility is out of this world, so I don't see much room for recovery here in Brazil,” said Gerson de Nobrega from Banco Alfa de Investimento SA in Sao Paulo.

Brazil May Change Law to Permit Telecom Merger

The Brazilian government may change its regulations this year to allow the merger of Brasil Telecom Participacoes SA and Tele Norte Leste Participacoes SA, creating the country's biggest telecommunications company. Lula can issue a decree opening the way for a merger as early as this year if the two companies tell the government they want one. The merger of Telemar and Brasil Telecom, Brazil's biggest and third-biggest land-line operators, would create a company with 7.1 billion reais ($3.5 billion) of sales, and control of 64 percent of the country's land lines. It would be big enough to expand into Latin America and compete against Spain's Telefonica SA and Telefonos de Mexico SAB. 

Brazil, Colombia to allow citizen entry without passports

Brazilian and Colombian citizens do not have to carry passports when traveling between the two countries starting from Sept. 21. They will only need to present their identification cards upon entrance. Columbians can skip the visa if they stay in Brazil for less than 90 days. Colombia's foreign minister Araujo also said he had signed agreements with two Central American countries -- Honduras and Costa Rica, so that Colombians do not need a visa to enter Honduras and can enter Costa Rica with a U.S. or European visa.

Patent ruling may help firms' defense in suits

In a significant win for companies accused of patent infringement, a US federal appeals court has essentially raised the bar for proving willful infringement, a finding that allows a judge to triple a damage award. By changing the standard to prove willful patent infringement, the U.S. Court of Appeals for the Federal Circuit, a specialized patent-appeals court, has blunted a weapon that patent holders use against companies they accuse of patent infringement. In such cases, companies faced with the uncertainty of a jury finding of willful infringement often choose to settle rather than take a case to trial. The Federal Circuit court ruling overturned a 24-year-old legal precedent. Proof of willful patent infringement will now require "at least a showing of objective recklessness" on the part of an alleged infringer. The case was closely watched: The Federal Circuit received nearly two dozen "friend-of-the-court" briefs from parties weighing in on the issue.

Lawyer unprepared for court is sent to jail

A public defender in Ohio was arrested on Thursday for contempt of court after he declined to move forward with a misdemeanor assault trial he had been assigned just a day earlier. At the start of the trial he told the judge he was unprepared.  The arrest of the public defender was immediately criticized by criminal-defense lawyers across the country.

Lawyers rank among most corrupt groups in Kenya

Lawyers in Kenya are now ranked as the ninth most corrupt group in the country, according to the Kenya Bribery Index 2007, a report released Tuesday by Transparency International. The annual Kenya Bribery Index  has never in its previous five years of publication listed lawyers as top solicitors of bribes in Kenya. For the sixth year in a row, the police were listed as the top corrupt political branch in the 2007 study. The judiciary, which was ranked sixth in the Kenya Bribery Index 2006 , moved out of the top ten this year.

Indonesia court dismisses human rights lawsuit against police anti-terror unit 

An Indonesian court Tuesday dismissed a class action lawsuit that sought to dismantle the Indonesian police's anti-terror unit, ruling that the allegations that the department violated human rights by targeting Muslims and torturing suspects were too vague to proceed. The lawsuit was brought by Abu Bakar Bashir , a militant cleric who has been accused of being the spiritual leader of the Southeast Asian extremist group Jemaah Islamiyah, which has ties to al Qaeda and has been blamed for the 2002 and 2005 Bali bombings . The court said that Bashir's lawsuit against the anti-terror unit, known as Department 88, did not meet the legal requirements to go forward.

• Daily Press Review

Africa invests to stop migrants
BBC News, Centrist newscaster, London, England

Thousands disarm and join reintegration process in Ituri
CongoPlanet.com, Independent online news aggregator

Another  significant oil find in Ghana
GhanaWeb, Online news portal, Amsterdam, Netherlands

SADC: Act Now on Zimbabwe Abuses
Human Rights Watch (Africa), International news press releases

Toxic spill closes N1 in Centurion
iafrica, Online news portal, Cape Town, South Africa

Cricketers told to eat only in hotels
Independent Online, News portal, Cape Town, South Africa

Former Scorpions boss demands state pay legal fees
Mail & Guardian Online, Liberal, Johannesburg, South Africa

Nutrition 'no substitute for ARVs'
News24.com, Online news portal, Cape Town, South Africa

Rescue workers still hoping to find survivors of Peru quake
Brazil Sun, Independent online news aggregator

Prince and the Trini Twinz Maya and Nandy McClean
Caribbean News Portal, Online news aggregator

El Salvador: Terrorism Law Misused Against Protesters
Human Rights Watch (Americas), International news press releases

Colombia: Venezuela's Chávez to Help Seek Humanitarian Exchange
IPS Latin America, International cooperative of journalists, Rome, Italy

School delayed - 'Dean', election extend summer vacation in Jamaica
Jamaica Gleaner, Independent daily, Kingston, Jamaica

Peru's Health Ministry Reports on Earthquake Victims in Pisco
Living in Peru, News portal, Lima, Peru

Band wants protection from Inuit assembly's broad powers
The Globe and Mail, Centrist daily, Toronto, Canada

Summit leaders vow to block unsafe goods
Toronto Star, Liberal daily, Toronto, Canada

Indonesia to build tsunami museum in Aceh
Antara News, News agency, Jakarta, Indonesia

Chinese Dissident Says China's One-Party System Is Fatally Flawed
Chosun Ilbo, Conservative daily, Seoul, South Korea

Delhi High Court acquits Shibu Soren
India Express, News portal, Mumbai, India

'Delhi men can't hold their drinks'
India Times, Conservative daily, New Delhi, India

Spot-billed duck
Japan Times, Independent centrist, Tokyo, Japan

JPJ to take immediate action against bus drivers
Malaysian Star, Online news portal,  Selangor Darul Ehsan, Malaysia

US envoy says Iraq making poor political progress
New Zealand Herald, Conservative daily, Auckland, New Zealand

Philippine Marine commander dismissed over setback against Abu Sayyaf (2)
People's Daily Online, English-language, Beijing, China

Council sex-for-favours scandal
Sydney Morning Herald, Centrist daily, Sydney, Australia

Turmoil over envoy's remarks
The Hindu, Left-leaning daily, Chennai, India

Iraq crash kills 14 US soldiers
BBC News, Centrist newscaster, London, England

Hanks makes appearance in Belfast
BreakingNews.ie, Online news portal, Cork, Ireland

Madeleine police tell her parents: 'Don't leave Portugal'
Daily Mail, Conservative daily, London, England

AdGooroo extends search engine marketing service to W. Europe, Latin America
DMeurope, Online news portal, Amsterdam, Netherlands

I'm not quitting, defiant Culture chief tells staff
icLiverpool, Online news portal, Liverpool, England

France shifts its stance on the conflict in Iraq
International Herald Tribune, Independent daily, Paris, France

Let's build a big future
Isle of Wight County Press, Independent daily, Isle of Wight, England

Boy in court for throwing sausage
Manchester Online, Independent daily, Manchester, England

Sex assault on jogger: Man charged
News & Star, Independent daily, Carlisle, England

Models make the cut to reach semi-finals
North-West Evening Mail, Independent daily, Cumbria, England

Focus on student films in Karlovy Vary other Festival
Radio Prague, Online news portal, Prague, Czech Republic

M40 Biker Shooting: Three Men Arrested
Sky News, Independent newscaster, Middlesex, England

Huge Nazi Archive Opened:  Holocaust Files Transferred to Museums in US, Israel
Spiegel International, Liberal newsmagazine, Hamburg, Germany

Papers reveal truth behind decision not to deport killer
The Guardian, Liberal daily, London, England

Helicopter crash in Iraq kills 14 US soldiers
The Irish Times, Centrist daily, Dublin, Ireland

Afghan provincial governor survives suicide raid
The Scotsman, Moderate daily, Edinburgh, Scotland

Taliban terrorises RAF families
The Sun, Conservative tabloid, London, England

Dando killer Barry George refused bail
The Telegraph, Conservative daily, London, England

RAF jets scrambled to intercept Russian bomber
Times Online, Conservative daily, London, England

Sanhedrin May Hear Complaint against Chinese Torture
Arutz Sheva, Online, right-wing, Tel Aviv, Israel

Militants kill 3 Pakistan soldiers
Gulf News, Independent daily, Dubai, United Arab Emirates

Shipments of EU-funded fuel to Gaza power plant resume
Haaretz, Liberal daily, Tel Aviv, Israel

Media-Morocco: Censorship Begins At Home
IPS Middle East, International cooperative of journalists, Rome, Italy

No fuel price hikes this year - gov't - Jordan
Middle East North African Network, Online financial portal, Amman, Jordan

Mexico Hit by Category 5 Hurricane Dean
Nahamet, Online news portal, Beirut, Lebanon

EU to resume Gaza fuel aid after days of blackouts
The Daily Star, Independent daily, Beirut, Lebanon

Saleh threatens Houthis with war
Yemen Times, Independent weekly, Sana'a, Yemen

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