Building A Street Legal Dune Buggy Tx

Advisor Sosnowski dirt bank.

word "advisor" has two meanings (see here ):

- "he who gives advice"

- "a man or a factor exerting on someone good or bad influence."

Until recently, Bank Relationship Managers or seller of banking products often used the titles: "account manager", "customer adviser" or "corporate adviser". As part of pending litigation (B2B) between banks and their clients are falling out of the following translation of the term "account manager":

• "[...] naming the individual positions is an internal matter for each institution and can not be a basis for formulating [ ...] any obligation to be in relation to third parties "(PKO BP SA on X GC 167/10 pending before the District Court in Lodz, in the case, used a bank employee when concluding agreements with the name stamp entitled" ADVISOR ");

• "advisor advised the bank," but the adviser advised the client on standard products and is not advised on treasury products (witnesses - employees of the bank X, located outside Warsaw, on the SP - M.27 / B/09 pending before the Court of Arbitration at the Polish Banks Association, in factual witnesses - bank employees used the stamps in contracts registered with the titles of "Head of Corporate Client ADVISORS" and "CUSTOMER CORPORATE ADVISOR");

• [the question of whether the use of the title>> Advisor \u0026lt; \u0026lt;is equivalent to>> advising \u0026lt;\u0026lt;] "task of the adviser is to identify areas of cooperation, establishing cooperation [...] [...] the bank's offer to provide assistance in deciding the way forward of the existing opportunities [... ] its role is not to say>> I advise you to choose this particular product \u0026lt;\u0026lt;[...] function of banking advisers is widely used in banks and the market is understood as a kind of account manager in the bank "(the witness - an employee of BPH on Aug GC 100/10 pending before the District Court in Bydgoszcz, in the case, the witness was a ruler of a bank employee who uses the title of email correspondence CORPORATE CUSTOMER ADVISER ").

quoted statements can be reduced to a single thought: "adviser to the bank sells the product bank, and does not advise the bank product. "If your bank uses the title 'vendor' is not nothing wrong with that. If the vendor uses the title" consultant "is allowed to abuse.

view above. dual dictionary definition, the term "advisor" would still defend the thesis that "advisor's bank", although does not provide advice (def. 1) but has an impact on the customer (def. 2). In the case of bank advisers who do not advise, however, we deal only with a bad influence. It would take so skonstatować that synonymous with "account manager" is "bad adviser." At the lexical level is not acceptable.

In practice, however, "advisor's bank" has much in common with a good advisor at borscht Sosnowski with rustic soup.

Ash & May Doujin Online

Justice statistics.

Many a time we hear (except for protocol) in the courtroom in civil proceedings in economic matters that are the most important statistics and costs. Today, a few words about statistics.

Evaluation of the judge is both necessary (the judge does justice to society, not only in the name of abstract ideas), which difficult (the judge is and must be independent in the assessment of the matter pending before.) Hence, the evaluation of the judge is based largely on determining the quantity, not the way issues resolved.

use of simplifications in the assessment of reality is essential that the assessment at all was possible. The point is not that assessment is based on simplified criteria. The problem arises when a result of the simplification of the obtained result is false - the opposite of the actual situation, for example, according to petitioner outstanding issue is recognized in the statistics as settled.

ratings reality affect the assessed reality .. This is a true statement, both in physics and social sciences.

problem is even greater when measuring the effect on the studied phenomenon: the result is not only false but the reality is changed as a result of the measurement. The situation can be compared to test the water temperature in the aquarium, a thermometer, which emits heat and heats the water.

In the case of judicial statistics is not only the result of the survey is a fake but the mere prospect of the survey affect the decisions of the judges ruling deforming process itself (justice).

According to § 471 of the Minister of Justice of 12.12.2003 on the organization and scope of activities of judicial and other branches of administration of justice (Official Gazette. MS of 31 December 2003, died., Seeks an assessment of across departments, not individual judges but reflects the mechanism of judicial statistics):

"Returns" was settled, "" disappeared, "written off" means that each case was completed within the reporting period: in substance, or formally, by transferring accountancy to another device, by combining with another case, or by transfer to another reporting entity. "

contrast, § 472nd of that ordinance says

'Returns: the residue at the end of the reporting period" or "residue on the last day of the reporting period" means that things were not resolved during the reporting period, and left to settle in the next reporting period. [...]"

clearly see here the basic mechanism of deforming: the case resolved substantively and formally be treated the same way - as "resolved" ; Meanwhile, the parties settled the case only in substance is "settled" and the matter is formally resolved "outstanding."

Why these rules for years stats do not change?

Rules of Civil Procedure permit after today closely divided ruling formally terminating the case from the substantive decisions.

Meanwhile, in order to repay the statistics of the application is treated as a conviction leading to release after a complex inquiry. This indicated the mechanism produces a statistical emphasis on the formal settlement of the case. Hence the request to remedy the deficiencies of formal action under the pain of recovery (eg, no proof of stamp duty on power of attorney). The case returned to the application and resubmitted it is considered in the statistics because as two points.

existing mechanism also generates negative conflicts of jurisdiction between courts of different local properties. The phenomenon of transfer of the claim by another court jurisdiction, where the procedural rules can be derived property of a second court is a well-known phenomenon. Not it is up to the exclusive jurisdiction (such as in disputes over real estate). It is a common case in the departments of the breach of contract. The legislature recognizes the problem of "punching ball" (as seen for example, after the recent amendment of Article . the CPC 202.) But it is helpless. Introduced the amendment to the CPC . (Article 202) the principle that a matter may be referred by the court of jurisdiction once an equivalent commonly saying "not adopted" to the end. It happens that the court which receives such a case there is a court order for the sending of recapitulation. The case goes back to the submitter of the court, who shall transmit it back to the court, who had once refused to accept the case.

As the story out of this world sound so reports of problems in the American justice system caused by the handling of cases by the courts, despite the lack of territorial jurisdiction ("forum shopping" - the reason she sues him wherever convenient.) This is because the judicial statistics in the United States is based on the number of cases handled by the court in substance.

only solution to prevent excessively formal resolve cases in a civil action in economic matters (in other words: non-refundable or declines the pleadings of the smallest pretext) is the only administration in the statistics of cases handled in substance. On the argument that the statistical outcome of the faculty panel could not affect the low quality affecting the pleadings must be that:

- justice acts as a servant to society (as well as legislative and executive), so the importance of to settle the case for a national (ie the settlement of the substantive),

- the essential function of the judiciary is to deal with cases brought by citizens, rather than generating new ones.