Venezuela's top court endorses Chavez inauguration delay

CARACAS (Reuters) - Venezuela's top court endorsed the postponement of Hugo Chavez's inauguration this week and ruled on Wednesday that the cancer-stricken president and his deputy would continue in their roles, despite a cacophony of opposition complaints.

Critics had argued the 58-year-old's absence from his own swearing-in ceremony on January 10 meant a caretaker president must be appointed. Chavez has not been seen in public nor heard from in almost a month following surgery in Cuba.

"Right now we cannot say when, how or where the president will be sworn in," Supreme Court Chief Judge Luisa Morales told a news conference.

"As president re-elect there is no interruption of performance of duties ... The inauguration can be carried out at a later date before the Supreme Court."

The decision opens the door in theory for Chavez to remain in office for weeks or months more from a Cuban hospital bed - though there is no evidence he is even conscious.

It leaves the South American country in the hands of Vice President Nicolas Maduro, as de facto leader of the government.

The opposition say that is a brazen violation of the constitution, and that Maduro should leave office on Thursday when the current presidential term had been due to expire.

They say National Assembly boss Diosdado Cabello, another powerful Chavez ally, should take over the running of the country while new elections would be organized within 30 days.

Maduro would be the ruling Socialist Party's candidate.

Government leaders insist Chavez, 58, is fulfilling his duties as head of state, even though official medical bulletins say he suffered complications after the surgery, including a severe lung infection, and has had trouble breathing.

His resignation or death would transform politics in the OPEC nation, where he is revered by poor supporters thankful for his social largesse, but denounced by opponents as a dictator.

RALLY PLANNED FOR THURSDAY

Opposition leader Henrique Capriles, who lost a presidential election to Chavez in October, said the Supreme Court had become politicized under the socialist leader's administration.

"The tribunal gave an interpretation (of the constitution) in order to solve a problem that the government has," Capriles told a news conference.

Moody's Investors Service warned on Wednesday that Venezuela's sovereign credit rating, already at junk status, faces short-term risks over any political transition.

Prices of Venezuela's widely traded bonds have soared lately on Chavez's health woes, but dipped this week as investors' expectations of a quick government change apparently faded.

The president has undergone four operations, as well as weeks of chemotherapy and radiation treatment, since being diagnosed with an undisclosed type of cancer in his pelvic area in June 2011.

He looked to have staged a remarkable recovery from the illness last year, winning a new six-year term at a hard-fought election in October. But within weeks of his victory he had to return to Havana for more treatment.

The government has called for a huge rally outside the Miraflores presidential palace in Caracas on Thursday, and allied leaders such as Uruguay's Jose Mujica, Bolivia's Evo Morales and Nicaragua's Daniel Ortega have said they will visit - despite Chavez's absence.

Argentine President Cristina Fernandez, a close friend, has announced plans to visit Chavez in Cuba on Friday.

The unprecedented silence by Chavez, who is well known for his hours-long rambling speeches, has convinced many Venezuelans that his 14 years in power may be coming to an end.

Unlike after his previous operations in Cuba, no photographs have been published of him recuperating, and social media in Venezuela is buzzing with rumors he is on life support.

Cabello, the pugnacious head of the National Assembly, has repeatedly ruled out taking over as caretaker president to order a new presidential election, saying Chavez remains in charge.

"Tomorrow we will all go to the Miraflores palace," he told a televised Socialist Party meeting on Wednesday. "The people will be invested as president. We are all Chavez!"

(Additional reporting by Marianna Parraga, Diego Ore and Enrique Andres Pretel; Editing by Andrew Cawthorne and Eric Walsh)

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SIA to recruit & train intern cabin crew from polys

SINGAPORE: Singapore Airlines (SIA) is working closely with three polytechnics to recruit and train cabin crew, as part of efforts to attract the best talent.

It has special programmes with Nanyang Polytechnic, Republic Polytechnic and Temasek Polytechnic, covering recruitment activities.

It's also starting an internship-recruitment programme to hire and train selected students to become full-time cabin crew.

These are provided under Memoranda of Understanding (MOUs) that the carrier signed with the three polytechnics on Thursday.

Besides recruitment, the MOUs also cover areas of potential cooperation such as curriculum development in service, operations, safety and security.

SIA will also work with the polytechnics on continued education programmes for cabin crew.

SIA employs about 7,500 cabin crew. New crew undergo an extensive 15-week training programme in areas such as service delivery, customer relations, deportment, security and safety.

- CNA/ck

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Apple, photographer settle 'Retina' eyeball image lawsuit

The image in question featured during Apple's WWDC keynote last June.

(Credit:
James Martin/CNET)

Apple and Swiss photographer Sabine Liewald have settled a lawsuit involving the alleged misuse of an eyeball image used during one of Apple's keynote presentations.

News of the settlement came in a court ordered dismissal dated last Wednesday. The two parties were scheduled to meet for a pretrial conference earlier today.

Terms were not disclosed, and Apple did not immediately respond to a request for comment.

The original complaint said Apple misused one of Liewald's images (seen above) by including it in a promotion for its latest
MacBook Pro computers with the Retina display. Liewald argued that Apple acquired the rights to use the image of a model's eye (complete with make up) for "layout purposes only," as opposed to commercial use.

The suit, filed in the U.S. District Court for the Southern District of New York last October, sought a trial by jury to determine damages and potential lost profits.

Court order embedded below:

show_temp by JoshLowensohn

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FBI probes cyber threats against Steubenville sheriff

Jefferson County Sheriff Fred Abdalla talks about how the FBI is investigating cyber threats in the eastern Ohio city that include a death threat received by the sheriff in his office on Wednesday, Jan. 9, 2013, in Steubenville, Ohio. / AP Photo/Keith Srakocic

STEUBENVILLE, OhioThe FBI is investigating cyber threats in an eastern Ohio city that include death threats against the local sheriff's family and an email that apparently shut down the police chief's computer.

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Steubenville rape case: Officials go on the defense

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Leaked video shows teens joking about Ohio rape case

The threats are part of a series of online messages that have targeted individuals and authorities in Steubenville amid increased attention over two high school football players who are facing rape charges.

Jefferson County Sheriff Fred Abdalla said Wednesday he'd provided the FBI a copy of an anonymous Facebook post in which someone threatened to kill his family.

Steubenville Police Chief William McCafferty said he gave the FBI an email that he had opened Wednesday morning, which then disabled his computer.

FBI spokesman Todd Lindgren said he could not immediately comment.

The two teenage boys are set for trial next month in juvenile court on charges they raped a 16-year-old in August. Their attorneys have denied the charges in court.

Much of the evidence in the case played out on social media, in which the photos of the seemingly unconscious girl were posted online. A video published and then deleted from YouTube shows a third freshman, Michael Nodianos, joking about the alleged rape.

The hacking collective Anonymous has staged rallies in support of the alleged victim, and hackers were able to dig up and re-post the deleted YouTube video online.

According to the Steubenville Herald Star, Nodianos' attorney said someone hacked into his client's email and social media accounts, as well as the email accounts of his family members. He has since dropped out of Ohio State University, where he was slated to attend on a scholarship.

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Arias Caught Lying to Cops in Recorded Phone Calls

Jodi Arias blatantly lied to police who asked her about Travis Alexander's death, telling them in recorded phone calls that she kept trying to call and message Alexander the week of his death but never heard back from him.

The phone calls were played as evidence during the fourth day of Arias' trial, in which she is charged with murder and could face the death penalty if convicted of killing Alexander in a "depraved and heinous" way. Arias has admitted to killing her former boyfriend, but claims it was self-defense.

During the phone conversations played in court, Arias can be heard telling Mesa, Ariz., detective Esteban Flores that she last talked to Alexander on Tuesday night, June 3, 2008, around 10 p.m. She had been in Los Angeles, about to leave to go to Utah to visit a new love interest, she said.

After June 3, he stopped calling her back, she said.

Photos of Key Players and Evidence in the Jodi Arias Murder Trial

"On Tuesday night (I talked to him), it was brief though, 10 o'clock maybe. I'd say 10 p.m. or 9 - 9:30. I was calling people because I was bored on the road. He was nice and cordial, but kind of acting like he had hurt feelings," she said.

"I may have called him Wednesday, from the road, and I sent him a couple of text messages, and a couple of pictures," she said, though Alexander didn't pick up and his voice mailbox was full. "That's unusual. He deletes all of his messages. I didn't want to be obsessive about it because we're not together anymore and I didn't like to call too much."

According to court records, Arias, 32, actually went to Alexander's home on in Mesa on Wednesday morning. There, the pair had sex and took graphic photos of one another with Alexander's camera.

Then, Arias is believed to have killed Alexander, 30, in his shower by stabbing him, slashing his throat from ear to ear, and shooting him in the head.

In the phone conversations, Arias told Flores that she considered calling Alexander's friends when he stopped returning her calls on Wednesday, but didn't want to act like "his mother."

Alexander's friends found his body five days later with stab wounds and a bullet wound, lying in blood in his home.

Flores asked Arias if she ever considered buying a gun, she said she was too scared of handguns.

Jodi Arias/Myspace | ABC News

Jodi Arias Murder Trial: Who Is the Alleged Killer? Watch Video

Jodi Arias Trial: Defense Claims Victim Was Sex Deviant Watch Video

"I've looked into handguns. I have a list of things I'm scared of that I'm trying to overcome," she said. "I got that from Travis, you know, to push yourself out of your comfort zone, and do things you're afraid of. But handguns are expensive and not really in my price range right now."

Arias is accused of stealing her grandmother's handgun and using it to shoot Alexander in the head during the attack.
The detective interviewed Arias by phone multiple times in June after Alexander's body was discovered by his friends on June 9.

Arias was indicted on July 9, 2008, and changed her story again before her arraignment, telling a TV news station that she was at Alexander's house when he was killed and witnessed two intruders kill him.

After she was arraigned, Arias told police she killed Alexander, but did it in self-defense. Arias's attorneys have said that Alexander was controlling and abusive toward Arias, and described him as a "sexual deviant."

In earlier testimony in court today, Arias's new love interest, Ryan Burns, testified that Arias showed up to his house on the morning of Thursday, Dec. 5, just 24 hours after she killed Alexander.

There, the pair cuddled, kissed, and watched movies, according to Burns.

Burns, who met Arias at a business conference in spring, 2008, said he exchanged frequent long phone calls and online conversations with Arias before inviting her to come visit him in West Jordan, Utah, in June. Arias lived in California at the time.

She arrived at Burns's home 24 hours after she was expected there, telling him that she got lost, drove the wrong way on a freeway for a few hours, fell asleep for awhile, and then got lost again, Burns testified today.

She never told him that she had confronted Alexander with a knife or gun and ended up killing him just hours before their date.

When she arrived, the pair quickly got physical, he testified.

"We went back to my house. We talked for awhile, and agreed that we were going to watch a movie. At some point we were talking and we kissed. Every time we started kissing it got a little more escalated. Our clothes never came off, but at some point she was kissing my neck, I was kissing hers, but our clothes never came off," he said.

Burns said that both he and Arias stopped kissing at the time, though they again became physically involved later in the evening when Arias climbed on top of Burns and began kissing him. Burns said that they stopped kissing because he did not want her to "regret the visit" because of her Mormon beliefs about sex.

He also told prosecutors upon questioning that Arias was physically strong.

"She's very fit," he said, describing their encounter when she climbed on top of him. "She's very strong. She has close to a six pack (of abs)."

Prosecutors likely asked about the strength of Arias because in testimony Tuesday Maricopa County medical examiner Kevin Horn said Alexander was stabbed so forcefully that the blade chipped his skull and his neck was cut all the way back to the spinal cord.

Burns, who is also a Mormon, said he noticed two bandages on Arias's hand when she arrived at his house, which she told him she got when a glass broke at her place of employment, Margaritaville.

During her visit, the pair also went to a business meeting and went out with Burns' friends where Burns described Arias as acting "shy" and a "little awkward."

"She was fine, she was laughing about simple little things like any other person. I never once felt like anything was wrong during the day. With a crowd she was a little awkward in social areas, but one on one she was very talkative and excitable," he said.

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Venezuela postpones inauguration for cancer-stricken Chavez

CARACAS (Reuters) - Venezuela will postpone the inauguration of President Hugo Chavez for a new term due to health problems, the government said on Tuesday, another sign the socialist leader's cancer may be bringing an end to his 14 years in power.

The 58-year-old former soldier who has dominated the South American OPEC nation since 1999 has not been heard from since surgery on December 11 in Cuba - his fourth operation since he was diagnosed with an undisclosed type of cancer in June 2011.

The announcement outraged opposition leaders who insist that Chavez must be sworn in before the National Assembly on January 10 as laid out in the constitution, or temporarily step aside and leave an ally in power.

"The commander president wants us to inform that, based on his medical team's recommendations, the post-operative recovery should extend past January 10," said Vice President Nicolas Maduro, Chavez's chosen successor, in a letter read to the legislature.

"As a result, he will not be able to be present at the National Assembly on that date."

The letter said authorities would seek another date for the inauguration ceremony but did not say when it would take place or give a time frame for Chavez's return from Havana.

Rather than being sworn in by the legislature, he would take his oath at a later date before the Supreme Court, the letter said, as allowed by the constitution.

Government leaders insist Chavez is completely fulfilling his duties as head of state, even though official medical bulletins say he has a severe pulmonary infection and has had trouble breathing.

The government has called for a massive rally outside the presidential palace on Thursday, and allied presidents including Uruguay's Jose Mujica and Bolivia's Evo Morales have confirmed they will visit Venezuela this week despite Chavez's absence.

Argentine President Cristina Fernandez has announced plans to visit Chavez in Havana on Friday.

But the unprecedented silence by the president - famous for regularly speaking for hours in meandering broadcasts - has left many convinced he could be in his last days.

His resignation or death would upend politics in the oil-rich nation, where he enjoys a deity-like status among poor supporters thankful for his social largesse.

His critics call him a fledgling dictator who has squandered billions of dollars from crude sales while dashing the independence of state institutions.

CONSTITUTION DISPUTE

The constitution does not specify what happens if the president does not take office on January 10.

The Supreme Court, controlled by Chavez allies, called a news conference for Wednesday. It is widely expected to announce an interpretation of the constitution that will give Chavez leeway to take office when he is fit to do so.

If he dies or steps aside, new elections would be called within 30 days. Before leaving for Havana in December, the president instructed his supporters to back Maduro in that vote if he were unable to continue.

Opposition leaders argue that Congress chief and Chavez ally Diosdado Cabello should take over, as mandated by the constitution if the president's absence is formally declared.

Cabello has ruled that out, saying the president continues to be in charge.

"Who could have believed the opposition would be screaming for Diosdado Cabello to be given the presidency of the republic?" he said during a rambunctious session of Congress. "That's crazy, the opposition is losing it."

Meanwhile opposition deputies accused the Socialist Party of failing to follow Chavez's instructions - a scene that would have been unimaginable before Chavez's prolonged absence.

"President Chavez is the only one among you who has spoken clearly," said opposition leader Julio Borges.

He was drowned out by pro-Chavez deputies clapping and chanting the socialist leader's name and rebuffed by Cabello, who had long been considered a potential successor to Chavez until he was passed over for Maduro.

"It's not my fault you weren't chosen, don't take your frustration out on me," Borges quipped.

Another opposition deputy complained that during the debate a copy of the constitution was thrown across the chamber from the direction of the Socialist Party's deputies.

Chavez's supporters have held near-daily vigils for his recovery, while opposition activists accuse the president's allies of a Cuban-inspired manipulation of the situation.

Maduro has taken over the day-to-day running of the government and looks set to continue in the role past Thursday.

The mustachioed former bus driver lacks Chavez's charisma, but he has sought to imitate the president's style with vituperative attacks on the opposition and televised ribbon-cutting ceremonies.

With the micro-managing Chavez away, major policy decisions in Venezuela, such as a widely expected devaluation of the bolivar currency, appear to be on hold.

Venezuelan bond prices, which had soared in recent weeks on Chavez's health woes, dipped on Monday and Tuesday as investors' expectations of a quick government change apparently dimmed.

"The 'regime change' euphoria seems excessive taking into account the unclear legal transition and perhaps, more importantly, the risk that regime change does not allow for policy change," New York-based Jefferies' managing director Siobhan Morden said in a note on the bonds.

(Editing by Daniel Wallis and Eric Beech)

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Football: Liga-dominated FIFPro World XI raises eyebrows

LONDON: With Spanish clubs having supplied all 11 members of the FIFPro World XI for 2012, La Liga's claim to be considered the world's best league appears stronger than ever.

Barcelona and Real Madrid may have missed out in last season's Champions League, losing to Chelsea and Bayern Munich respectively, but they still supplied 10 of the players voted into FIFA's all-star team by over 55,000 professional footballers around the world.

Atletico Madrid's Colombian striker Radamel Falcao completed the line-up, meaning that for the first time in the eight-year history of the selection, all 11 players were drawn from teams playing in the same country.

In recent years, coinciding with Spain's dominance of both club and international football, the make-up of the FIFPro World XI has crystallised around a small coterie of players.

Serial Ballon d'Or-winner Lionel Messi has been a mainstay of the side since 2007, Iker Casillas and Xavi since 2008, and Andres Iniesta and Cristiano Ronaldo have been included in the team for the past four years.

In fact, so enduring is the appeal of the players at Spain's top two clubs that there were only two changes to the 11 voted into the FIFPro World XI in 2011.

Manchester United pair Wayne Rooney and Nemanja Vidic were the men to make way, for Falcao and Madrid's Brazilian left-back Marcelo, as the English Premier League had its grip on the team prised away finger by finger.

England has at least mustered representation in recent years, which is more than can be said for the German Bundesliga and France's Ligue 1, while the leading lights from Italy's Serie A have been ignored since 2010.

Amid criticism that the FIFPro selection amounts to nothing more than a glorified popularity contest, dissenting voices have emerged.

Germany captain Lothar Matthaus, present at the Ballon d'Or ceremony in Zurich, claims "people were shaking their heads" when the line-up was announced, while Chelsea left-back Ashley Cole jokingly tweeted: "#iwantspanishpassport."

Given the Spanish national team's stellar achievements in 2012 and the enduring brilliance of Messi and Ronaldo, it is difficult to quibble with much of the team, but there is room for conjecture.

Xabi Alonso won the league with Madrid and scored twice against France in the Euro 2012 quarter-finals, but his performances in Poland and Ukraine were eclipsed by those of Italy's Andrea Pirlo.

The elegant Juventus midfielder narrowly missed out to Iniesta in the voting for the player of the tournament and UEFA technical director Andy Roxburgh described his displays as "magnificent".

His Italy and Juve team-mates Gianluigi Buffon and Giorgio Chiellini also enjoyed excellent years, including success in Serie A, although both were members of the back line pierced four times by Spain in the Euro 2012 final.

In attack, Manchester United striker Robin van Persie, Zlatan Ibrahimovic of Paris Saint-Germain and Chelsea's Champions League hero Didier Drogba all presented strong cases for inclusion as well, albeit not with a Spanish accent.

FIFPro World XI 2012:

Iker Casillas (ESP/Real Madrid); Dani Alves (BRA/Barcelona), Gerard Pique (ESP/Barcelona), Sergio Ramos (ESP/Real Madrid), Marcelo (BRA/Real Madrid); Xabi Alonso (ESP/Real Madrid), Xavi (ESP/Barcelona), Andres Iniesta (ESP/Barcelona); Lionel Messi (ARG/Barcelona), Radamel Falcao (COL/Atletico Madrid), Cristiano Ronaldo (POR/Real Madrid)

-AFP/ac

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BlueStacks teases tech that lets you play your Android games on your TV

Get this: Soon you'll be able to play all of your Android device's games on your PC or television using the phone as your controller.

The experience will be brought to you to by BlueStacks, makers of an
Android app player for porting mobile apps to PCs. During a
CES session on disruptive technologies impacting the future of games and videos, BlueStacks slightly lifted the veil on its living room-altering gaming technology.

With the pending product, demonstrated during the session, people will be able to pair an Android smartphone with a PC, Mac, or TV to play their Android games. The BlueStacks product magically lends the smartphone's gaming sensors -- think accelerometer -- to the stationary device and turns the phone into a remote game controller. A person can play any of their favorite mobile games on their television set with all of the same game mechanics intact. Essentially, BlueStacks has recreated the
Wii U experience and eliminated the need for a separate console altogether.

"Our vision is to deeply integrate the phone across all of your devices big and small," BlueStacks CEO Rosen Sharma told CNET.

A press representative for BlueStacks said the product teased today is still pre-alpha and will be launching in a couple of months as part of a more comprehensive cloud-based service.

During today's demo, BlueStacks showed off a few other features that will be included in the cloud offering. Android device owners will also be able to send and receive their SMS messages on their PCs, as well as view all of their mobile applications on their desktop computers.

The gaming product is the real game changer, pun intended. BlueStacks could radically shake up the gaming industry as we know it. Brian Cho, partner at venture capital firm Andreessen Horowitz, an investor in BlueStacks, said that one of the most distributive trends in gaming right now is the flip with the big screen becoming a person's secondary screen, and the tablet or phone turning into the primary one.

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USADA head: I got death threats during Armstrong probe

(CBS News) Travis Tygart is the head of the U.S. Anti-Doping Agency, which polices U.S. Olympic sports. Lance Armstrong won the world's most grueling event, the Tour de France, seven times. But after Tygart's investigation, Armstrong lost all of his titles. In his first interview, Tygart spoke with us for the premier of a new program, "60 Minutes Sports" on Showtime. Tygart says Armstrong was doping in his very first win at the Tour de France in 1999. The drug was EPO, which boosts endurance.

TRAVIS TYGART: Six samples that were taken from Lance Armstrong were retested in '05. And they were positive.

SCOTT PELLEY: In '99, when the tests were originally taken, was it reported that they were negative?

TYGART: There was no test for EPO. They were not tested for EPO at that time.

PELLEY: And when you tested for them in 2005, you discovered that they were --

TYGART: All six were flaming positive.

PELLEY: Flaming positive?

TYGART: Flaming positive.

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Tygart told Pelley that throughout the investigation, witnesses were intimidated to try to keep the code of silence from breaking.

PELLEY: Was Lance Armstrong personally involved in intimidating these other riders to keep them quiet?

TYGART: He was. It was tough. All -- all these witnesses were -- were scared of the repercussions of them simply telling the truth.

PELLEY: What could Lance Armstrong do to them?

TYGART: Incinerate them.

Former teammate Levi Leipheimer felt the heat. In his sworn affidavit, he says he came to a cycling dinner after he testified to the grand jury. Leipheimer says Armstrong was there and sent Leipheimer's wife a text that read, "Run don't walk."

PELLEY: What did she take it to mean?

TYGART: It's a veiled threat. Knowing her husband had just testified, truthfully, in front of the grand jury and had told citizens of this country about this great fraud. It was a message: You better run.

PELLEY: Your investigation showed that there were personal threats made against riders who had decided to come clean. I wonder if there were any threats against you.

TYGART: There were, Scott.

PELLEY: These threats came from where?

TYGART: Emails, letters.

PELLEY: Anonymous?

TYGART: Yeah.

PELLEY: Can you remember any of the lines from the emails or the letters?

TYGART: The worst was probably putting a bullet in my head.

PELLEY: Did you take that seriously?

TYGART: Absolutely.

To hear the rest of Travis Tygart's story, tune into the premiere edition of "60 Minutes Sports" tomorrow at 10:00 p.m. on the Showtime Network.

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Menu Calorie Counts: How Accurate Are They?

They are supposed to help America's obesity problem: calorie counts boldly displayed on restaurant menus across the country and important information, considering Americans now eat one-third of their meals outside the home.

Two states and nine counties require them today, and by the middle of next year, a federal law is expected to force chain restaurants, convenience stores and vending machines nationwide to post calorie counts.

But how accurate are those numbers that so affect your waistline?

A 2011 study by Tufts University sampling food from 42 restaurants says it depends.

Fast food restaurants were the most accurate because of the uniform recipes and portions, but there were wide variations found in sit-down restaurants.

"We found that 20 percent of the foods we tested had 100 calories or more over what was stated on the menu," Lorien Urban, a postdoctoral associate in the energy metabolism lab at Tufts University and first author of the study, told ABC News. "We would consider that to be a considerable amount."

Urban explained that consuming an extra 100 calories per day can lead to an extra 10 pounds in one year.

Most concerning was that a majority of the errors Urban and her colleagues found were made on the diet side of the menu.

Calorie Check: How Many Servings Are You Eating? Watch Video

"These were the foods that people who are trying to manage their weight would gravitate towards and they may be getting more calories than they expect," she said.

ABC News sent producers in three cities that already require posting menu calories to major chains to do a sampling under the direction of a nationally known lab and found that more than half of the low-cal meals tested had more calories than listed on the menu.

In total 24 food samples from four sit-down restaurants and one McDonald's were collected and the results were surprising.

McDonald's did the best. Its Big Mac Meal (posted: 930) and its Premium Chicken Sandwich (posted: 400) tested 30 calories below the menu posting.

But the sit-down restaurants had results sometimes wildly different than advertised.

In all, only one calorie count was accurate -- a Skinnylicious chicken salad sandwich from the Cheesecake Factory.

Eleven meals had more calories than on the menu and 10 had fewer calories. Some were over by only 40 calories; another was over by as much as 420 calories, again at the Cheesecake Factory: This time an order of the fish and chips dinner.

Urban said that fast food restaurants tended to be more accurate than sit-down because of the formulaic preparation that fast food restaurants use.

"Things are arriving already packaged into the restaurants and it's just a matter of warming it up and serving it to the consumer," she said. "A sit-down restaurant, things are being prepared on [the] spot [and] by chance some extra butter gets into the pan."

That can change the calorie amount.

All the restaurants and their trade association say that most calorie counts are as accurate as possible and tested extensively to make sure.

They conceded that there are variations, mostly due to portion size and individual restaurant preparation, and that the menus warn actual calories may vary.

What can you do? Take control of what is put on top of the entree by asking for everything fattening -- such as cheeses, sauces or dressings -- on the side.

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