Sunday, January 31, 2010

Limited Liability Companies Create Easily Applied State Legal Forms

The creation of an LLC is very easy to do. You just have to follow certain instructions that the state has established everywhere for you. There are rules that set some parameters as the number of members, the period in society and the transfer of the association. Each state has its own guidelines for establishing an LLC. Similarly almost all the rules are based on the following:

* There should be one or more members.

* The LLC is only effective for thirty years.

* The rights of association can not be transferred.

* Membership in the LLC are to be elected to the principal managers of the LLC.

* There is no numerical limit on the number of members.

The forms of creation can vary from one jurisdiction to another, the best advice would be the advantages and disadvantages that may occur in states and thus choose the most appropriate version.

To get an idea, federal taxes LLCs must submit each year on its behalf. The great advantage that gives us an LLC is that personal responsibility is not therefore our personal assets can not be attributed to taxes.

The creation of an LLC can be carried out by yourself is not complicated if you follow the correct steps. The legal forms are available on the Internet using templates you can get some dollars. As long as all state and local laws and all forms are filled out correctly you can try to do it yourself and thus save a few dollars. Very good information on the internet and there are books available to find the information needed to fill and complete legal forms.

Another more agile way of creating an LLC is to hire a lawyer to handle all these matters, it would be best to hire an expert in the field.

In any case hiring a lawyer or doing it yourself, the creation of an LLC is a good way to protect their property and personal liability.

FormingALimitedCompany.org provides information and resources on the formation of efficient firms in the UK and USA. Learn more about creating your company visited in Forming a Limited Company

Article Source: http://EzineArticles.com/?expert=Otis_I_Barnes

How to Properly Use a Power of Attorney

A power of attorney is a legal document that authorizes one person to act on behalf of another in the legal or business dealings of the person authorizing the other. This type of document has a lot of relevance when, for example, somebody needs to execute some business or legal matter but is unable to do so for whatever reason. In the absence of the person, another person may be authorized to execute the matter through use of a power of attorney, which in common law systems or in civil law systems, authorizes another person to act on behalf of the person so authorizing the other. The person authorizing is known as the "principal" and the person authorized is called the "agent". The agent may, on behalf of the principal, do such lawful acts such as signing the principal's name on documents.

An agent is a fiduciary for the principal and, as this is an important relationship between principal and agent, the law requires that the agent be a person of impeccable integrity who shall always act honestly and in the best interests of the principal. In case a contract exists between the agent and the principal for remuneration or other form of monetary payment being made to the agent, such contract may be separate and in writing to that effect. However, the power of attorney may also be verbal, though many an institution, bank, hospital as well as the Internal Revenue Service of the USA requires a written power of attorney to be submitted by the agent before it is honored.

The "Equal Dignity Rule" is the principle of law that has the same requirements of the agent as it does to the principal. Suppose that the agent has a power of attorney that authorizes him or her to sign the sales deed of the principal's house and that such sales deed should be notarized by law. The power of attorney does not absolve the agent from the necessity of having the sales deed notarized. His or her signature to the sales deed must also be notarized.

There are two types of powers of attorney. One is the "special power of attorney" and the other, "limited power of attorney." The power of attorney may be specific to some special instance or it may be general and encompasses whatever the court specifies to be its scope. The document will lapse when the grantor (principal) dies. In case the principal should become incapacitated due to some physical or mental illness, his power of attorney will be revoked, under the common law. There is an exception. In case the principal had in the document specifically stated that the agent may continue to act on his behalf even if the principal became incapacitated, then the power of attorney would continue to enjoy legal sanction.

In some of the States in the USA, there is a "springing power of attorney" which kicks in only in case the grantor (principal) becomes incapacitated or some future act or circumstance occurs. Unless the agreement has been made irrevocable, the agreement may be revoked by the principal by informing the agent that he is revoking the power of attorney.

Making use of standardized power of attorney forms helps in framing a legally sound and mutually beneficial relationship for principal and agent. With the ease of use and ready availability of such forms, it is highly recommended that they be utilized when thinking of granting a power of attorney to someone. However, care should be taken not to let unscrupulous persons defraud innocent persons such as the elderly through ill-conceived agreements.

Wade Anderson is a CPA and operates http://DigitalWorkTools.com
Click to view a Power of Attorney Form

Article Source: http://EzineArticles.com/?expert=Wade_Anderson

Saturday, January 30, 2010

Plush Toys - Protecting the Copyright, Trademark and Patent

If you have ideas for unique plush toys, it's just right to do everything to protect them. Plush toys are very profitable and if you don't cover all bases to protect your ideas, "enterprising" individuals will take advantage of it. They will be doing it "legally" because you didn't do the things to lawfully protect them. The last thing that a toy inventor would want is to see his cute plush toys displayed somewhere and he's not the legal owner of it.

There are three things that you can apply for to protect your plush toys ideas - copyright, trademark and patent. So what can you personally do to protect them? Here are the things that you can do to protect your unique plush toys' copyrights, trademarks and patent:

• Copyrights

Copyrights protect the overall look of your toy. For cuddly plush toys, it protects its "cuteness". It will shelter the way the face looks, the proportion of the body and the likes. The toys features are probably the most important factor to protect since they are the most obvious and your selling point. Copyrighting is automatic - the moment you put your idea onto paper or even a napkin from the neighborhood deli, it is legally protected under copyright. However, it's better if you can document it so that it will be easier to enforce. How do you document it? A lot of people believe that mailing yourself a copy of your idea via snail mail is the way to go. Unfortunately, it doesn't work. The best way to protect your plush toy ideas is to keep a note of all the relevant information that proves you as the owner of the idea. A notebook would do. Just take note of all your ideas and when you thought of them. You can add additional information about how you thought of the idea and where you thought of them. To further enforce it, keep notes of all witnesses. Just like in any legal proceedings, witnesses can win your "case" for you.

• Trademarks

Trademarks protect your toys' names and logos. Basically, your toys' branding is protected. Your unique stuffed doll should have distinctive names so you can do things to protect them. An example of a trademark is the name Barbie. No one can use Barbie for a name because you will be violating its trademarks. This is a little expensive and not all toys should be covered by it. The best way is to ask for legal advice from a lawyer to see if it makes sense to apply for trademarks in your own case.

• Patent

This is the most expensive among the three. Aside from being expensive, this is also the hardest to get. As an inventor of cute plush toys, it's good to know that you probably won't need them. But like trademarks, it's best to ask for legal advice from a lawyer.

So check to see what applies to your stuffed dolls to know how you can protect them. It will be one of the best things you've ever done as a toy inventor.

Rob E Bishop invites you to bring your stuffed toy invention idea to his website at CustomPlushToys.com where you can learn how to design, create and sell your own stuffed toy idea. Download his free report "Don't Get Ripped Off" to discover the secrets of how to navigate the dangers in making your toy idea successful.

Article Source: http://EzineArticles.com/?expert=Rob_E_Bishop

Insanity, P90x & Slim In 6 - The High Cost Of Piracy

The urge to buy or download pirated copies of expensive workout products is strong. If you have the technical savvy, or have found somebody online who's willing to sell you a knocked off copy for half price, then what's not to like? Get the quality goods, save cash, workout and get the body you want, all without breaking the bank. Smart? Actually, no, and not just because we retail these products. Read on to discover some very real dangers involved with these activities, and then ask yourself-is it really worth it?

One of the biggest temptations out there right now is to buy a burned copy of your favorite workout from a Chinese vendor. They'll sell them to you for almost half price, and promise you that you'll get everything you need in the box. Not true. We've had a number of people contact us here at EFR asking if we can sell them the workout calendar, or the nutrition guide, or any other key component of the workout that didn't come with the DVD's,. Frequently the DVD's themselves don't play. We know this for a fact: we ordered a sample from two Chinese vendors out of curiosity. One never arrived, and the second had three DVD's that wouldn't play.

What's even more dangerous is that you're giving unscrupulous people your credit card information. If you haven't heard, identity theft is a growing crisis for banks and people who find their accounts wiped clean, and sending your financial information to people with no problem ripping off valuable products is a bad, bad move. Many of these illegal vendors are involved a wider array of criminal activity, and selling your credit card information is probably the least of it. So-ask yourself before you buy knock off products online for ridiculously cheap prices-is the high chance of identity theft and incomplete or missing products worth the money you'll save?

Another avenue that people take is to download these workouts from the internet for free. Of course, you've probably already heard about all the viruses out there, and how they're embedded in these popular products. How millions and millions of computers are now enslaved as 'zombies' to hackers who use their combined processing power and online capabilities to attack big, secure targets. This isn't alarmist talk-google any of the terms I just mentioned, and you'll pull up a number of reports from CNN, the NYTimes, etc. Downloading large, popular programs is a fast track way to infect your computer. Further, these downloads don't come with all the required materials. No Nutrition Guide, no workout calendar, none of the other supplemental and vital information that comes with the authentic package.

Of course, the greatest damage won't be done to you, your identity or computer-it's being done daily by thousands of people who engage in these practices to Beachbody itself. Now, I'm not trying to make you feel sorry for them, but simply point out a fact. If they lose enough money to piracy, they'll stop becoming profitable, or as profitable, and will stop making these amazing products. We've already heard from them as to how much they're being hurt financially by all this piracy, and it seems like it will only get worse.

And finally, think about the message these fitness programs promote: P90X, INSANITY, all of them urge you to discover a new form of integrity, of self-respect, to reach deep into yourself and become a new, better you that is proud of not only their body but the determination, courage and effort it took them to get there. How can you begin such a journey if it starts based in theft and ripping off the very trainers and people who are seeking to help you realize your goals?

Piracy. We're warned against doing it so much that we tend to tune those warnings out, and hear instead, 'Blah blah blah'. But piracy has very tangible, real consequences, as the hundreds of thousands of people who experience identity theft can attest, or the ruined computers and the help they give hackers show, or the general disrespect to both yourself and these incredibly trainers that stems from ripping them off despite all their hard work. If you're tempted to steal a copy of these workouts-don't. Start this journey with integrity, because trust me, it's truly, truly worth it.

An excellent way to stay on track is to ensure that you get the right nutrition--try Yoga Earth products for healthy, balanced post-workout shakes! Even better, cleanse your system with a Bazi Antioxidant Drink, which will cleanse your system with the power of 8 super fruits!

Article Source: http://EzineArticles.com/?expert=Phil_Tucker

Friday, January 29, 2010

The Other Malpractice - Legal

When the term "malpractice" is thrown around, the typical reaction is to assume that is medical malpractice. But, contrary to popular belief, there are a number of other types of medical malpractice that in no way involve negligent doctors or nurses. One of these forms of malpractice is legal malpractice.

What is Legal Malpractice?

Attorneys are always held to a certain standard of ethics and responsibility on the part of their clients as well as the judicial system as a whole. Technically, legal malpractice is the term for negligence, breach of fiduciary duty or breach of contract by an attorney. Any one of these actions must then result in serious harm to the attorney's client.

If the client suspects legal malpractice, he or she must be able to prove that the attorney's actions were the direct cause of injury. The injury here is usually monetary although it may also be argued that loss of time or emotional stress may be damages as well.

A common example of legal malpractice is when an attorney misses an important deadline pertaining to his or her client's case such as a statue of limitations. This error must then lead to the loss or severe hindering of the client's case.

Your Rights as a Client

Many people report feeling helpless when it comes to their lawsuits. They believe that the outcome of their cases is left entirely up to the attorney and they are left completely in the dust as far as what is going on with their own case.

Most people want to have a good idea of the exact happenings and developments of their lawsuits. For one thing, most clients would like to know what their attorney is working on and if they are truly charging them correctly. A good attorney should be very up front with their clients and provide them with detailed lists of what they have been working on in regards to their case without needing to be asked. This is not always the case, but you do have rights as a client including the right to:

• Challenge an attorney's expense reports-attorneys should have copies of invoices, bills and other receipts to show what they have been doing on your behalf

• Find out how disciplined a lawyer has been

• Get a new lawyer

For more information on legal malpractice, visit the website of the St. Petersburg personal injury lawyers of Beltz & Ruth, P.A.

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Child Support Lawyers - A Vital Resource For Our Children

Child support lawyers are usually those who deal in all aspects of family law, and this experience works to your advantage and to that of the minor children involved. Family law is a vast and large field of practice, and there are countless laws and formalities that you may not have any knowledge of.

As your attorney, the child support lawyer that you choose will be the children's advocate in a court of law, protecting their rights and working to better their lives.

Choosing one should be done carefully so be ready to interview a few and take valid notes about the firms and attorneys that you speak with.

If you are on the receiving end of a child support bill that you cannot pay, you will be asking for help on the other side of the spectrum, and a lawyer who specialized in family law will also be your best advocate.

Depending on your situation and the reasons that you have for falling behind, your child support lawyer could earn you the lenience and the payment options that you need to catch up and stay out of legal trouble.

Each state has cracked down immensely on those who avoid their parental responsibilities, so getting in touch with an attorney could be your smartest move.

Child support payments are calculated using a complex system of averages, and this is done on an individual case basis based on the incomes and circumstances of the adult parties involved at the time of the separation or filing.

Each state has developed its own specific formula, though many are very similar to one another, and the child support lawyer that you choose will need to be familiar with the laws and calculations of the state where the support order was given in order to best serve the rights and needs of the children involved.

Family law can be complex and sensitive, and it is crucial that you have the legal expertise to back up all parties and actions.

You might do an online search for child support lawyers in our area that you could begin to interview and sort through. You are looking for a reputable attorney with experience in the realm of child support and the other facets of family law, and you can determine this by researching their credentials and by asking a lot of questions.

You should never be afraid to ask questions before you pay any money to retain the lawyer that you choose.

As with all child care and welfare matters, this one is sensitive and must be handled in a manner that will best suit the needs of the children.

At the time that a support order is made binding by the courts or the friend of the court, the legal or paternal guardians are allowed to submit their own petition if they are so inclined and able to reach a favorable agreement. This type of order is just as collectible by law as those calculated by the state.

If you are on the receiving end of a child support bill that you cannot pay, you will be asking for help on the other side of the spectrum, and a lawyer who specialized in family law will also be your best advocate.

Depending on your situation and the reasons that you have for falling behind, your child support lawyer could earn you the lenience and the payment options that you need to catch up and stay out of legal trouble.

Each state has cracked down immensely on those who avoid their parental responsibilities, so getting in touch with an attorney could be your smartest move.

Child support payments are calculated using a complex system of averages, and this is done on an individual case basis based on the incomes and circumstances of the adult parties involved at the time of the separation or filing.

Each state has developed its own specific formula, though many are very similar to one another, and the child support lawyer that you choose will need to be familiar with the laws and calculations of the state where the support order was given in order to best serve the rights and needs of the children involved.

Family law can be complex and sensitive, and it is crucial that you have the legal expertise to back up all parties and actions.

You might do an online search for child support lawyers in our area that you could begin to interview and sort through. You are looking for a reputable attorney with experience in the realm of child support and the other facets of family law, and you can determine this by researching their credentials and by asking a lot of questions.

You should never be afraid to ask questions before you pay any money to retain the lawyer that you choose.

As with all child care and welfare matters, this one is sensitive and must be handled in a manner that will best suit the needs of the children. At the time that a support order is made binding by the courts or the friend of the court, the legal or paternal guardians are allowed to submit their own petition if they are so inclined and able to reach a favorable agreement.

This type of order is just as collectible by law as those calculated by the state.

To discover more information about child lawyers have a look at Criminal Lawyers

Article Source: http://EzineArticles.com/?expert=Peter_Kirkham

Thursday, January 28, 2010

Criminal Defense Attorney

You’ve seen them on TV in their black coats; the formidable forces of law, the strong and intense breed of professionals called criminal defense attorneys. Of course, going by the drama that plays itself out on TV, you would be forgiven if you thought that defense attorneys are always saving people involved in some bloodcurdling crime or the other. In real life however, that is not entirely true. In fact, a criminal defense attorney is a lawyer who represents any person accused by the law. Crimes may vary from kidnapping, murder and weapons trafficking to the more complex misdeeds like wire fraud, investment or bank frauds, counterfeiting and money laundering.

A good criminal defense attorney is one who has full knowledge of the law pertaining to the state he represents and has enough experience working with the federal criminal system. To begin with, the attorney sets out on a fact finding mission. Their first job is to collect as much information as possible, from the client and through various investigative agencies, if necessary. The client and his attorney form a team and for this team to work efficiently, the client has to repose complete faith in their attorney.

Many people who need the services of a criminal defense attorney make mistakes while hiring somebody for the job. Which is not surprising, considering that the need is urgent and there is little time to go through an elaborate selection procedure. However, there are certain ways in which you can ensure that you enlist the right criminal defense attorney:

* Contact an attorney you have already worked with and ask them for recommendations or references.

* Do not rush to hire someone you have worked with in the past. Before you hire an attorney you have worked with in the past, find out whether they are criminal lawyers. A lawyer who may have handled your divorce need not make a good criminal attorney.

* Before hiring, make sure that the lawyer can handle the type of case you are involved in. Generally, not all criminal defense lawyers handle all kinds of criminal cases. In this context, it is better to approach a firm of lawyers, since they are more likely to have team members with the necessary expertise.

* Many states have their own laws. Enlist the services of a lawyer who is an expert in your state.

* If you are not hard pressed for time, visit at least a couple of lawyers before choosing. Stay away from lawyers who push you into a particular course of action. Hire a person whose approach is similar to yours.

* Don’t be taken in by previous records of the lawyer you have chosen. A couple of wins in the past does not mean that he or she can win your case for you.

Choosing a criminal defense attorney wisely takes some time and research. However, when you consider the fact that your life or your life’s savings hang in the balance, the caution, research and footwork you do is definitely worth it.
Retrieved from "http://www.articlesbase.com/cyber-law-articles/criminal-defense-attorney-562231.html"

Lizzi

New York Criminal Defense Attorneys - The firm and its criminal attorneys defend clients against all criminal charges both at federal and state level.

Source: ArticlesBase.com

Insurance Fraud Lawyer

Insurance fraud, also called false insurance claims refers to false claims that have been filed with the intention of defrauding an insurance provider or user. Insurance fraud may be committed against insurance companies or insurance policy holders. According to government estimates, fraudulent insurance claims account for 10% or about $30 billion every year of the expenses incurred by the insurance industry.


Common insurance frauds include inflating actual claims, known as padding, submitting claims for false injuries or fraudulent claims of damage, submitting tweaked facts and submitting claims over staged accidents. Some types of frauds are more rampant in some states. For instance, the sale of unauthorized health insurance is a common fraudulent practice in Texas. In this case, unlicensed companies sell false insurance policies even though these do not meet the state’s minimum financial requirements. The company continues to collect premiums and doles out insignificant amounts of money from time to time. However, when there is an emergency and a really heavy claim is made, the company simply vanishes from the scene.


Some of the common kinds of insurance frauds in existence include:

* Medical claim

* Automobile collision

* Worker’s compensation

* Frauds against seniors

* Fire


The rampant nature of insurance frauds in the US has led to the formation of fraud bureaus in 41 states. Some states even have two bureaus. Many of these bureaus have law enforcement powers.


Any person or company accused of insurance fraud charges must retain the services of an efficient insurance fraud lawyer. There are two essential components of fraud; the intention to deceive and fraudulent measures that induce a company to pay more. In such cases, timely action is important as companies or false claimants usually cover up their actions if given enough time. In many cases, by the time the case comes to the insurance fraud defense lawyer, the company or claimant has had enough time and opportunity to cook up information that can cloud the issue.


Your insurance fraud lawyer must have vast experience practicing in the field of insurance frauds. Frauds may take on various forms and it is vital that you select a defense lawyer who specializes in the area of concern to you. Some fraud schemes are so elaborate and complex that they easily implicate people who had no active part in the fraud. To take on a well-funded and well-prepared prosecution, you need an aggressive and knowledgeable defense attorney.
Retrieved from "http://www.articlesbase.com/cyber-law-articles/insurance-fraud-lawyer-562319.html"

Lizzi

New York criminal defense lawyers - BLF has represented hundreds of clients in drug trafficking and drug related criminal cases at both the federal and state systems.

Source: ArticlesBase.com

Wednesday, January 27, 2010

New York Computer Crimes

The term “computer crimes” is not one often heard in criminal news. Most people don’t even realize it exists. Nevertheless, computer crimes are specifically addressed by most states’ legislatures. New York computer criminal statutes are codified in Section 156 of New York Penal Code. This article, written by a New York City criminal defense lawyer Joseph Potashnik provides a short glimpse into what is considered a New York computer crime.

The most common New York computer crime is Unauthorized use of a computer. You may be guilty of unauthorized use of a computer if you knowingly use a computer
or computer service without authorization and the computer or system you use is protected by password or another security feature. Unauthorized use of a computer is a class A misdemeanor.

Another common New York computer criminal charge is Computer Trespass. Computer trespass means the person knowingly uses a computer or computer service without authorization with an intent to commit or attempt to commit any felony or, alternatively, the person knowingly gains access to computer material. Computer trespass is a class E felony.

Next in line is Computer tampering. This offense may be in several degrees depending on circumstances. You may be guilty of computer tampering in the fourth degree for using a computer or computer service (even with permission) and intentionally altering or destroying computer data or a computer program of another person without permission to do so. Computer tampering in the fourth degree is a class A misdemeanor.

If, in addition to this, the person has an intent to commit any felony or if the person has been previously convicted of any computer or theft of services crime, or the act of deleting computer material was deliberate or with the intent to cause damages for more than $1000 dollars, the person may be guilty in computer tampering in the third degree, which is a class E felony.

New York computer tampering in the second degree involves committing the crime of computer tampering in the fourth degree plus intentionally altering or destroying computer data or a computer program so as to cause damages for more than three thousand dollars. Computer tampering in the second degree is a class D felony. Finally, if an act causes more than $50,000 in damages, the person could be guilty of computer tampering in the first degree, a class C felony.

Tampering aside, another line of statutes deals with illegal copying of computer related material. Under NY Penal Law 156.30, a person may be guilty of unlawful duplication of computer related material when they illegally copy or duplicate computer or program data causing owners economic damages in the amount of more than $2,500 or copying these materials with an intent to commit felony. Unlawful duplication of computer related material is a class E felony.

You don’t have to illegally duplicate computer material to violate the statute. Simple possession of computer data may be a felony, too. For example, under Section 156.35,
a person is guilty of criminal possession of computer related material when having no right to do so, he knowingly possesses, a copy, reproduction or duplicate of any computer data or computer program which was copied, reproduced or duplicated in violation of section 156.30 with intent to benefit himself or a person other than an owner. Criminal possession of computer related material is a class E felony.

New York computer crimes statute allows for some defenses a defendant may use. Some of them include a defense that the defendant had reasonable grounds to believe that he had authorization to do all the proscribed activities.
Retrieved from "http://www.articlesbase.com/cyber-law-articles/new-york-computer-crimes-485027.html"

Joseph Potashnik

Joseph Potashnik is an attorney in New York City and Northern New Jersey practicing criminal defense and civil litigation. You can visit his websites at http://www.jpdefense.com (for NYC) and http://www.jpcriminaldefense.com (for NJ)

Source: ArticlesBase.com

Health care in Haiti a battered system is dealt another blow

When a powerful earthquake struck Haiti on Tuesday, many of those injured by collapsed buildings lay in the streets pleading for help. Even for those with open fractures and head injuries, there was little else they could do.

Haiti is not prepared to handle disaster.

By every measure, it\'s the poorest country in the Western hemisphere and it has a health care system to match.

There have been improvements in overall life expectancy and infant mortality, and vaccination programs have helped largely eradicate some diseases like polio, but the country remains desperate for affordable health services. What few services existed declined in the last two decades because of political instability.

The country spends less than $85 per person on health care every year, and much of what is actually delivered is done by a patchwork of agencies from around the world.

Haiti has a public health crisis, according to Médecins Sans Frontières (MSF)/Doctors Without Borders, one of several foreign medical aid groups that operate free emergency health services in the country. MSF\'s own clinics are often overwhelmed by people who can\'t afford to pay for private care. Public hospitals and clinics are plagued by management problems and shortages of medications, says the organization.

\"The reality of what we are seeing is severe traumas, head wounds, crushed limbs, severe problems that cannot be dealt with with the level of medical care we currently have available with no infrastructure really to support it,\" said Paul McPhun, operations manager for the group\'s Canadian section. The country\'s health indicators are grim. The average life expectancy is about 52, and Haiti has the highest infant and maternal mortality rates in the region.

More than 138,000 children under five die of preventable diseases every year, and women routinely die terrible deaths in childbirth because they live too far away from medical help, in rural areas without services or simply can\'t afford to pay for services.

UNICEF says that out of every 100,000 live births, 670 women died of pregnancy-related causes in 2006. That\'s five times the Latin American average.

Diarrhea, respiratory infections, malaria, tuberculosis and HIV/AIDS are leading causes of death. There is poor sanitation and increasing malnutrition, brought on by growing poverty.

In rural areas, only 14 per cent of residents have adequate sanitation, and most rural Haitians lack even basic health care services.
Retrieved from "http://www.articlesbase.com/cyber-law-articles/health-care-in-haiti-a-battered-system-is-dealt-another-blow-1724279.html"

Jeanne Azorsky

Linda Young is an award-winning journalist who has been writing and speaking about Linda Young is an award-winning journalist who has been writing and speaking about Health problems for a decade. A veteran consumer and Health journalist, he has worked on numerous leading magazines and websites.

Source: ArticlesBase.com

Tuesday, January 26, 2010

A Way To Look Up Criminal Arrest Records Via the Internet Absolutely Free

At this point, we communicate a lot about maintaining transparency and responsibility in our society. All this has emerged in the 21st century world due to the dangers of terrorism. The public information are now seen even more frequently compared with what done before. Do your wants know the reason? People all choose to make a proper background checks on an individual who are strangers to us or are new to our society. The federal law has awarded the freedom to find out the public records for the citizens of America. There are a lot of public records like marriage history information, death information, criminal arrest records search, police records data, real estate records data, voter registration, birth details and divorce records data. The criminal data keep a track belonging to the public police arrest records, sex offender, court public records etc.

The most widely searched about is the public arrest records. The unique aspect about this category is that all arrests are recorded irrespective of their results. The public criminal arrest records are usually the documents that happens to be detain or take an individual into custody. These are enforced by the law and military agencies if there are grounds of suspicion or criminal violation against an individual. Whereas stated earlier the public police arrest records come into the category of the criminal records. This makes these public records accessible to common man whereas long such as they follow the normal procedures to obtain these records data. An individual can obtain these records data from quite a few government agencies like the police department, FBI, and even the local Court. Yourself will have to forward a requisition to these agencies and will have to wait to achieve your detail. The important info will either be mailed to anyone or you'll will have to visit the federal government agency in person to receive it. Then again the trouble is that these arrest records history have a special regulation on them and a requisition might also not be fulfilled. Lately, there are commercial agencies that in addition give out the info.

There are a number of reasons why we should perform a search on the criminal arrest records. The're for your safety, when that you are employing a new person for a job, the public have a new tenant, a new neighbor around, business partner or even the person everyone think anyone have fallen in love with. The arrest records data will give a person a lot of detail about the person. To begin with the basics, it will contain the description of the person, personal detail, the facts of arrest like the time, place kind of offense, case number, arresting agency and warrant. I know about other related information that you will also obtain from the arrest information.

You can find out the criminal records on the net nowadays; there are a lot of websites that host the important info. There are official governmental sites that host the detail. On the contrary, the important info is additionally obtainable in lots of commercial online resources. They keep an extensive database and you will just have to pay a small fee for making your search. But, the paid web pages keep comprehensive information on the public records. You will obtain information immediately on these websites and will receive immense satisfaction.

Source: ArticlesBase.com

How Can I Get Anybody's Criminal Past Free of Charge On the Net

Whether you have at any time planned to to perform a criminal record check on someone, you're obviously not unique! Each day thousands of men and women head on the net to perform a background lookup on somebody. In this article we show anyone the simple way to run a lookup.

Men and women will check a persons past and personal history in many situations. Whether a person have a special reason or not for checking out a person, it's awesome to know that running a arrest criminal record search is easy to do.

Before you will needed to hire person who specialized in private investigations agencies to retrieve this sort of data. Now, you'll just have to go on the net to see out all kinds of data about somebody's history. There's no will want to hire an investigative agency because somebody can now acquire information you wish directly on your Desktop.

The reason you will don't have to hire anybody now is that there are background checks sites that can be utilized to find out about info on anybody. Majority of these internet listings permit the public to find a person's marriage history, criminal history, personal infoand lots more just by running a investigation. It's really impressive to check out the amount of info that one could learn about somebody.

The amount of money you'll be asked to pay for performing a investigation is quite small. When you'll consider the amount of work it takes to build the sites and keep the databases up to date the charges are incredibly cheap.

It is a very good strategy to view a website that bills the individual a one time just fee for limitless background checks. This winds up working similar to a membership - you login and use a criminal record search whenever you want. It's a smarter choice since it saves you a good amount of cash.

Here's a a basic technique you may try to check out personal data about somebody by using a searches engine. Type it in between quotations and also encompass the city of this person if you know it (eg. "John Smith" Indiana). Run the search and glance at the results that turn up and if there is anything noteworthy Each and every So often you will expose an item valuable.

If this does not furnish you the specifics you need just get a paid background check. With a paid background investigation you'll find full details and you'll obtain info directly on your pc screen.. It's an unbelievably important tool to have up your sleeve!

Source: ArticlesBase.com

Monday, January 25, 2010

Google Keyword Research SEO Tool: How To Appear On The First Page Of A Search Engine

What is a keyword? A word or words that is entered in a search engine and when the user presses enter, a result of similiar information appears. When folks type a keyword in a search engine, they are simply looking for some answers or maybe even doing some research on a niche.

Let's face it, when people do a search on a search engine, most of us only see the first or second page, so our goal is for our content to appear on that first page. This is probable, but you must have the right tools to help with your research.

When I first started creating articles, I would create an article and submit it to article directories and I thought, OK, here comes the traffic! Boy was I wrong! After weeks of the article being submitted, I would see how many views I had received and it wasn't many. I had heard of keyword research, but didn't really know what it was.

Life is a learning process, so I took a step out of my comfort zone and decided get educated on exactly what keyword research was. Not only did I want to gain some skills, but, I wanted to master it! You know what? I did! I can create content and have it exist on Google within one day.

I recall brainstorming about keywords I wanted to go after, but using tools, helped me to verify if it was a high-quality keyword or not. Most of the keywords that we think are decent may not turn out be, simply because the keyword may not be searched enough or the keyword could be too competitive. There is no point in wasting time creating content for it to never be seen. So, we must find what is called profitable keywords.

One free tool that folks use to help in doing keyword research is the Google Keyword Tool. This is a good tool to allow you to find other relevant keywords pertaining to the keyword that want to use, if the keyword you initially chose is too competitive. While the information that this tool provides is nice, folks need more information to help them decide if the keyword chosen is one that will get the content on the top spot of Google.

Most individuals need to get ranked on Google ASAP so they can begin getting traffic to their websites as soon as they can; otherwise, the chances of surviving in business and making an income online is slim.

Kim Tarr

If you would like to see a video on how Kim performs her Google Keyword Search to get ranked on the search engines fast, click here: Keyword Research SEO Tool.

Source: ArticlesBase.com

Will The Mayan 2012 Calendar Come True

FREE Report Reveals The Secret Story Behind The Mayan 2012 Calendar And All December 2012 "End Of The World" Scenario's... And What You Can Do About It!

Do you think the world will culminate soon? Well, this is the prediction that the Mayan 2012 Calendar tells about the future. So what is the 2012 Mayan Calendar all about? It is actually made up of two different calendars namely Tzolk'in and Haab. You will find 260 days in the Tzolk'in calendar and 365 days in the Haab calendar. Both these calendars combined together will make a big cycle of fifty two years, called as a Calendar Round.

What is the effect of Mayan Calendar on you?

When you study about the 2012 Mayan Calendar, you will get to know about numerous predictions about the future. Information available in the calendar are always accurate, be it time for sunrises or sunsets. Mayans are extremely skilled in creating a lot of calendars. If you make a detailed study about the Mayan Calendars, you will find a prediction saying that the world will culminate on December 21, 2012. But this prediction is becoming a matter of question for many people.

Your Future

You may not be aware of the fact that the world is going to face a series of disasters in the near future. Only those people who have a strong belief over ancient culture will ever believe this fact. Well, if you read the book called 2012 Predictions, you will gain more information about the end of the world in the year 2012. All that you need to do is to figure out for your self the things that you think might happen.

Mayan's are extremely skilled at creating different types of calendars. Dig in more information about 2012 Mayan prophecies and get to know more about the predictions about 2012.

Nadine Goodman

Source: ArticlesBase.com

Sunday, January 24, 2010

Steps to Take Before Filing Chapter 7, Chapter 13, or Chapter 11 Bankruptcy in Tucson

Bankruptcy is a legal proceeding in which a person who cannot pay his or bills can get a fresh financial start. The first step is to stop using credit in any form. You can still use your debit cards normally but no new charges on credit cards or new personal loans. Any recent debts may considered fraudulent or an abuse. The second step to consult with an experienced bankruptcy lawyer who will guide you through this complex area of law.

Bankruptcy is a very complicated and confusing area of law. It is critical that you consult with an attorney experienced in bankruptcy before you make any mistakes that may delay and prevent your filing. Third, you need to complete a Credit Counseling Class. Within 180 days before you file chapter 13 bankruptcy in Tucson, you must receive budget and credit counseling from an approved credit counseling agency. The agency will review possible options available to you and will assist you in reviewing your budget.

Some of these agencies offered debt management plans (DMP), which is a plan to repay some or all of your debts. They organize and offer a repayment plan to your creditors. If your creditors agree, you start sending the DMP one monthly payment and they distribute payments to your creditors as agreed. If you are able to complete the program, you will have paid off all of your credit card debts.

Is a Debt Management Program a good idea? A DMP can be a good idea for some. However, counseling agencies have been known to force individuals into a DMP when bankruptcy may actually be a better option for them.

When speaking to a debt counselor you should keep the following in mind:

• Bankruptcy is not necessarily to be avoided at all costs. In many case, bankruptcy may actually be the best choice for you.

• If you agree to a debt management plan that you can’t afford, you may actually end up in bankruptcy anyway.

• Entering a DMP will be reported to credit bureaus and will also negatively affect your credit score.

• Debt management programs generally only work with credit card companies. Banks, car lenders, payday loans stores generally refuse to work with DMPs. If you have more than credit card debt then a DMP probably won’t provide much help.

It is important to note that just because an agency is “approved” for bankruptcy counseling, does not guarantee that the agency is good. Even the good agencies may not be able to help if you are already facing deep financial trouble.

Beware of any debt management program that promises that you can pay off your debts at a fraction of what you owe. Many of these programs are scams with only the intent to your money. I meet people every week who have been the victim of this type of scam. My experience is that most creditors will not consider settling for less than the total owed without a lot of pounding your head against the wall and a ton of documentation regarding your finances. Even then, they generally will deny any reduction.

For debt relief and bankruptcy help in Tucson, it is a good idea to contact an experienced bankruptcy attorney first. Unlike a credit counseling agency, a bankruptcy attorney is qualified to give you legal advice to assist you with your financial situation. They can also refer you to a legitimate debt management program if you want to explore that option.
Jeffrey Judge

Brought to you by Jeffrey Judge, an attorney that heads one of the bankruptcy law firms in Tucson. Judge Law Firm, 1647 N. Alvernon Way, Suite 1; Tucson AZ 85712; 1-866-958-4389.

Source: ArticlesBase.com

Types of Bankruptcy

Chapter 7 bankruptcy: Also known as liquidation (converting assets into money) or a straight bankruptcy. This is one of the faster ways of starting afresh and more so if there are no objections from any of the parties involved. Ordinarily, most (if not all) debts would be discharged within months of the attorney filing a bankruptcy petition. A trustee is appointed who collects all non-exempt property, sells the assets and distributes proceeds from this sale to appropriate creditors. Chapter 7 is different from other bankruptcy filings because the debtor needs not make a payment to the trustee.

Chapter 9 bankruptcy: The purpose of Chapter 9 is to provide a financially-distressed municipality protection from its creditors while it develops and negotiates a plan for adjusting its debts. Reorganization of the debts of a municipality is typically accomplished either by extending debt maturities, reducing the amount of principal or interest, or refinancing the debt by obtaining a new loan.

Chapter 11 Bankruptcy: Chapter 11 bankruptcy is known as the corporate bankruptcy or the reorganization bankruptcy. When business organizations are unable to pay their creditors or the claims of the creditors when exceed what the business organizations can pay, then the business organizations file for chapter 11 bankruptcy. In this bankruptcy, a reorganization of debts are as well the assets in possession of the business organizations are done, in order to help them relieve from a part of their debt and the remaining can be paid in best accordance to their ability.

Chapter 12 bankruptcy: entitled Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income provides debt relief to family farmers and fishermen with regular income. The process under chapter 12 is very similar to that of chapter 13, under which the debtor proposes a plan to repay debts over a period of time – no more than three years unless the court approves a longer period, not exceeding five years. There is also a trustee in every chapter 12 case whose duties are very similar to those of a chapter 13 trustee. The chapter 12 trustee's disbursement of payments to creditors under a confirmed plan parallels the procedure under chapter 13. Chapter 12 allows a family farmer or fisherman to continue to operate the business while the plan is being carried out.

Chapter 13 Bankruptcy: is also known as restructuring where you file a repayment plan with the bankruptcy court proposing how you will repay your defaults to your creditors. The amount of money you'll have to repay depends on how much you earn, the amount of debt you owe, the types of debt you have, and how much property you own. you don't have to hand over any of your assets to discharge your debts, but you must make use of your income to pay off your debts over the due course of time – it’s usually three to five years, depending on the amount of your debts and your income.

Chapter 14 bankruptcy: Chapter 14 Bankruptcy is recognized as the involuntary bankruptcy. In this bankruptcy the creditors file the bankruptcy appeal against their debtors. This bankruptcy is very rare, and most of the rare cases are seen in the corporate world rather than with individuals.

Chapter 15 Bankruptcy: This is a newly added chapter in the Bankruptcy code or may even be termed as the new type of bankruptcy which is designed for international state of affairs. This bankruptcy gives rights to foreigners to take part in the state’s bankruptcies cases.

It is essential to understand the different types of Bankruptcy because some are not appropriate legal action for certain individuals.

Shaun

Shaun Nichols is the author of this contemporary article. He has briefly explained all the types of bankruptcy options available.

Source: ArticlesBase.com

Saturday, January 23, 2010

Trademark Law USA USPTO

Trademark law USA (USPTO) - A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services

A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.

A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. The federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. The registration can be used as a basis for obtaining registration in foreign countries. The registered trademark may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.

It is not necessary to be US residents to file the trademark application. However, an applicant's citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration.

The federal registration symbol may be used once the mark is actually registered in the U.S. Patent and Trademark Office. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered. The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration.

The applicant may seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an "international application," with the International Bureau of the World Intellectual Property Organization, through the USPTO. Also, certain countries recognize a United States registration as a basis for filing an application to register a mark in those countries under international treaties.

It is advisable to conduct a trademark search of the Office records before filing an application. A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers, among others, in an effort to determine if a particular mark is used by others when they have not filed for a federal trademark registration. A common law search is not necessary but some find it beneficial. Telephone numbers for search firms that perform these searches for a fee can be found in the yellow pages of local phone directories and through an Internet search.

A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures. Actual specimens, rather than facsimiles, are preferred. However, if the actual specimens are bulky, or larger than 8½" x 11", then the applicant must submit facsimiles, (e.g., photographs or good photocopies) of the specimens. Facsimiles may not exceed 8½" x 11". ONE SPECIMEN IS REQUIRED FOR EACH CLASS OF GOODS OR SERVICES SPECIFIED IN THE APPLICATION.

Specimens are required in applications based on actual use in commerce, Section 1(a), 15 U.S.C. §1051(a), and must be filed with the Amendment to Allege Use, 15 U.S.C. §1051(c) , or the Statement of Use, 15 U.S.C. §1051(d), in applications based on a bona fide intention to use the mark in commerce, Section 1(b), 15 U.S.C. §1051(b). Specimens are not required for applications based on a foreign application or registration under Section 44 of the Trademark Act, 15 U.S.C. §1126, or for applications based on an extension of protection of an international registration to the United States under Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

The "drawing" is a page which depicts the mark applicant seeks to register. In an application based on actual use, Section 1(a), 15 U.S.C. §1051(a), the drawing must show the mark as it is actually used, i.e., as shown by the specimens. In the case of an application based on a bona fide intention to use, Section 1(b), 15 U.S.C. §1051(b), the drawing must show the mark as the applicant intends to use it. In an application based on a foreign application or foreign registration, Sections 44(d) or 44(e), 15 U.S.C. §§1126(d) or (e), the drawing must depict the mark as it appears or will appear on the foreign registration. The applicant cannot register more than one mark in a single application. Therefore, the drawing must display only one mark. A drawing is required in all applications, and is used by the Office for several purposes, including printing the mark in the Official Gazette, and on the registration certificate. A specimen, on the other hand, is required as evidence that a mark is in actual use in commerce.

A foreign applicant file an application for registration on the following basis:

1.

Use in interstate commerce or commerce between the United States and a foreign country.

1. Bona fide or good faith intention to use the mark in interstate commerce or commerce between the United States and a foreign country.

3. Ownership of an application filed in a foreign country (if within six months of the foreign filing date).

4. Ownership of a foreign registration (with a copy).

5. Extension of protection of an international registration to the United States under the Madrid Protocol, pursuant to section 66(a) of the Trademark Act.

The Trademark Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols or devices function as trademarks. For example, matter which is merely the generic name of the goods on which it is used cannot be registered. Additionally, Section 2 of the Trademark Act (15 U.S.C. §1052) contains several of the most common (though not the only) grounds for refusing registration. The grounds for refusal under Section 2 may be summarized as:

1. The proposed mark consists of or comprises immoral, deceptive, or scandalous matter;

2. The proposed mark may disparage or falsely suggest a connection with persons (living or dead), institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
3. the proposed mark consists of or comprises the flag or coat of arms, or other insignia of the United States, or of any State or municipality, or of any foreign nation;
4. the proposed mark consists of or comprises a name, portrait or signature identifying a particular living individual, except by that individual's written consent; or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow;
5. the proposed mark so resembles a mark already registered in the Patent and Trademark Office (PTO) that use of the mark on applicant's goods or services are likely to cause confusion, mistake, or deception;

6. the proposed mark is merely descriptive or deceptively misdescriptive of applicant's goods or services;
7. the proposed mark is primarily geographically descriptive or deceptively geographically misdescriptive of applicant's goods or services;
8. the proposed mark is primarily merely a surname; and matter that, as a whole, is functional.

For a trademark registration to remain valid, an Affidavit of Use ("Section 8 Affidavit") must be filed: (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration. The registrant may file the affidavit within a grace period of six months after the end of the sixth or tenth year, with payment of an additional fee. The registrant must also file a §9 renewal application within the year before the expiration date of a registration, or within a grace period of six months after the expiration date, with payment of an additional fee.

Assuming that an affidavit of use is timely filed, registrations granted PRIOR to November 16, 1989 have a 20-year term, and registrations granted on or after November 16, 1989 have a 10-year term. This is also true for the renewal periods; renewals granted PRIOR to November 16, 1989 have a 20-year term, and renewals granted on or after November 16, 1989 have a 10-year term.

An applicant may file an Amendment to Allege Use any time between the filing date of the application and the date the Examining Attorney approves the mark for publication. If an Amendment to Allege Use is not filed, then applicant has six months from the issuance of the Notice of Allowance to file a Statement of Use, unless the applicant requests and is granted an extension of time. If the applicant fails to file either an Amendment to Allege Use or a Statement of Use within the time limits allowed, then the application will be declared abandoned. No registration will be granted.

There are several ways to dispute use of your trademark by a third party. Depending on the factual situation, the Trademark Office may or may not be the proper forum. You should consider contacting an attorney, preferably one specializing in trademark law. Local bar associations and the yellow pages usually have attorney listings broken down by specialties. Time can be of the essence. For information about proceedings before the Trademark Trial and Appeal Board,
Kaviraj Singh

www.trustman.org www.delhilaw.firm.in Trustman & Co – A Law Firm at Delhi India for patent, prior art search, patentability search, validity search, real estate, Intellectual property right, corporate law, company formation/ incorporation/ registration, international trade, trademark, real estate, debt collection, credit report, due diligence, legal risk, business law, foreign direct investment, approval / permission to set up business/ company, legal outsourcing LPO.

Source: ArticlesBase.com

Loan Modification Trends In 2010 What To Expect

Trends In Loan Modification 2010: What To Expect

In March 2009, President Obama launched his MHA program: Make Home Affordable modification plan. The purpose of this plan is to help distressed homeowners manage their monthly mortgage payments and avoid facing foreclosure. Since then, hundreds of thousands of homeowners have been able to successfully apply loan modifications to their mortgage loans. However, this only serves as a small dent in the huge and ever growing number of homeowners facing foreclosure in this country.

What's in store for loan modification 2010?

It's hard to say exactly, but experts from the Federal Housing Finance Agency predict that loan modifications in 2010 will continue to increase, and more modifications will pass from the trial stage to the permanent stage. Currently there are over 700,000 loan modifications underway, but only 31,000 of those have passed through the trial stage and become permanent. For those whose loan modifications are complete, they face monthly mortgage payments lowered by 20% on average.

Obama's loan modification plan works by lowering the monthly mortgage payment to less than 31% of the borrower's total monthly income. First the interest is lowered as much as it needs to be, down to 2% at the most - if this is not enough to lower the payment to 31%, the terms of the loan are extended to 40 years. Banks that engage in the program are to receive cash incentives - $1000 initially, as well as $1000 per year up to three years, assuming the borrower continues to make timely payments. The borrower will also get $1000 knocked off the principle for each year they pay on time.

The Make Home Affordable plan relies on homeowners to stay in their homes as long as they can afford to make the payments. It also relies on banks to actively engage in the program and not be stingy or difficult with the borrowers.

Although the program appears to be working for many, banks are generally slow to act on this program, and many homeowners report that the process of organizing and filing for a loan modification is monumental. However, the risk a homeowner takes by not applying for a loan modification in 2010 can be immense, and as a result, foreclosure may be unavoidable.

Loan modification 2010 can be made less difficult and time-consuming by hiring a loan modification company to put together all the paperwork and offer expert advice. For a layman attempting to put together a 2010 loan modification, it can be incredibly complicated and the rate of failure is high. A loan modification company will ensure that the applications are properly organized, in the right order. They can also tell you what to expect given your particular circumstances, and what other options you may have in order to prevent foreclosure.

For help with your loan modification, please visit the links below.
Bob Mason

To get more information, use our free loan modification calculator to see your new payment or conact us, just visit loan modification 2010 or 2010 loan modification.

Source: ArticlesBase.com

Thursday, January 21, 2010

Getting Your Deposit Back on a House You Don’t Buy

With the decline in our real estate market, many people have been deciding not to go through with the purchase of a house or condo that they previously committed to buy. Property values have been plummeting so rapidly that frequently the value of a house is substantially lower by the closing date than it was when the purchase price was agreed upon. Rather than grossly overpay for a home, many people have been deciding not to go through with their purchase.

Factors Influencing a Buyer to Back Out

Declining property values aren’t the only reason buyers choose to back out of a contract for a new home. Sometimes, other circumstances out of their control force them to reconsider their decision. Some of these factors include:

· Inability to obtain financing for the home

· The seller fails to uphold his end of the contract

· You discover structural problems with the home or condo that were not noticed in the initial inspection

Getting your Deposit Back

Many people assume that they will forfeit their deposit if they back out of the contract. However, this is not always the case. Considering the fact that many deposits can be tens or hundreds of thousands of dollars, it is worth consulting an experienced property rights attorney to see if you can get your money back.

The Federal Interstate Land Sales Full Disclosure Act requires land developers of condo or housing developments to present the buyer with an extensive property report before the contract is signed. The compliance laws for this act are very complex, and frequently property reports provided by the developer are not comprehensive enough to meet the standards of the law. An experienced attorney can help you go through this document to see if it provides you with a way to win your real estate deposit dispute.

You may also be able to recover your deposit if the homeowner or developer has:

· Made any material changes in the Declaration of Condominium

· Listed the deposit transaction as security

· Made material misstatements or omissions in relation to the development or its construction status

· Breached the terms of the contract

It is a good idea to require the seller to keep your deposit in an escrow account until the sale is finalized. This will greatly facilitate your ability to recover your money should a dispute arise. If the money is in an escrow account, the seller will not be able to access the funds until all of the stipulations of the contract are met. If your deposit is not in an escrow account, the seller may be able to spend a portion of the money before you actually close on the home, which would complicate your recovery process.

Patricia Woloch

If you are involved in a real estate deposit dispute in Florida, please contact the law offices of the Florida Property Rights Law Firm, P.A. today to schedule an initial consultation.

Source: ArticlesBase.com

Unsafe Harleys

Are you riding a Defective Harley Davidson or a Defective Screamin' Eagle Motorcycle?

The alleged defects in Harley Davidson bikes including their Screamin' Eagle models, too.

Consumers have experienced issues with their defective Harley Davidson motorbikes that include :

Rear cylinder head gasket defect leading to engine failure, burning engine oil, engine stalls and overheats. Models influenced 2007 to 2008 FLHRSE3, FLHTCUSE2, FXDSE, FXSTSSE, FLHRSE4, FLHTCUSE3, FXDSE2 and FXSTSSE2.

Defective front brake and fender not adequately retained and may become dislodged while driving. Models affected 2008 FXSTSSE2, 2009 FXSTSSE3 and 2008 to 2009 FLSTSB.

Defective braided clutch cable contact with rear brake line leading to loss of fluid and brake failure. Models affected 1984 to 1999 FXR, 1991 to 1998 FXD and 1984 to 1999 FXST.

Defective blade rear wheel cracks from factory heat treatment process that could result in wheel failure. Models influenced 2009 FLTRSE3.

Electric fire due to defective positive battery wire contact with oil tank. Models affected all 2007 FatBoy motorcycles FLSTF.

This alleged defect appears to affect over 11,000 models and Harley Davidson and Screamin' Eagle motorbikes.

Product liability cases involve scenarios in which an individual or property is wounded or damaged because of a perilous or defective product. In a product guilt case, people who might be responsible parties include but aren't restricted to : the designer, engineer, manufacturer, seller, or provider of a product. Product liability cases are typically complicated and require an in depth analysis of the facts and law applicable to a claim to figure out responsibility for any injury or damage caused by such product.

Harley Davidson has recalled their defective bikes because of the chance of a gas leak during a front-end collision. One or two defective touring bikes like CVO Touring and Trike bikes are affected by the product recall.

The national road Traffic Safety Administration has said that these motorbikes have front fuel tank mounts which may twist after a front-end crash, which may cause a fuel leak and an ensuing fire.

Defective Harley Davidson motorbikes are being related to what many are calling a major design issue. It's being referred to as the Harley wobble and appears to have even the loyalist Harley riders concerned. The bike will start to oscillate forwards and backwards and it'll literally store energy like a spring. So, with each oscillation forwards and backwards, it is getting worse and it is a terribly short period of time before someone can be thrown off the motorcycle.

This can happen even to a professional rider and happens very swiftly. Everything goes from perfectly normal to very abnormal in the blinking of an eye. It is a sensation for which the rider is not very likely to have any experience, it's a feeling that does not make sense to the rider and could cause heavy injuries to the driver and passenger.
Justin Hanson

The national consumer law firm of Gilman and Pastor is currently investigating consumer complaints regarding Harley Davidson Motorcycles and Screamin' Eagle models.
Screamin' Eagle motorcycles are a line of high-end Harley Davidson motorcycles, which typically cost upwards of $30,000.

http://defectiveharleydavidsonproducts.com

Source: ArticlesBase.com

Wednesday, January 20, 2010

Nursing Homes - A Difficult (But Important) Choice

Luckily, I am blessed with independent parents who are in excellent health. My father is turning 70 this July and my mother is only a few years behind (sorry to blow your secret, mom!) While they could both stand to lose a little weight and get a bit more active, they still get around well and certainly don't need my help to make their way in the world. Sadly, of course, time is one race we all lose. Hopefully I won't have to worry about care for my parents for many, many years. This topic comes to mind, however, as I have had several cases come into my firm lately related to abuse and neglect at elder care facilities.

If you come to a point where you are unable to provide care for a loved one at home, you will be faced with some difficult decisions. The fact is, most nursing homes are run and staffed by compassionate and caring individuals. With some effort and homework, you should be able to find a facility where the odds of abuse, neglect or dangerous conditions can be minimized.

A good first step in the process is to obtain several recommendations from the physician providing care to your loved one. You can also ask friends and family members if they have suggestions. You should plan on getting at least three or four names of conveniently located facilities, and plan on visiting each one. When you visit, make sure to make an appointment to visit with the Administrator or the Director of Nursing. Come prepared with a list of written questions. Take careful note of the demeanor of the person you are interviewing. Are they providing direct and clear answers, or do they appear to be hedging or avoiding questions? Are their answers inconsistent with what you have observed on your visit?

On your visit, use all your senses. How does the facility look? Does it appear clean? How does it smell? Do the residents appear well cared for? Are the kitchen facilities (if any) clean? Do the staff seem interested and energetic?

Be sure to ask to see the most recent state survey report. All nursing homes are inspected and surveyed by the state annually. The report will cite deficiencies in detail and will also list facility efforts to correct problems. Be careful if there are excessive deficiencies or if it appears that the facility is not taking adequate steps to address the cited issues. Also ask to see any complaints which have been filed against the facility in the last year, as well as documentation of the facility's response. Also always ask for complete explanations of the facility's policies in regard to chemical or physical restraint. See if these policies are available in writing. Always ask about the incidence of pressure sores (bedsores) at the facility.

Ask about staffing ratios. While the law only requires that a facility maintain "sufficient" staff, the National Citizens' Coalition for Nursing Home Reform has set some rough guidelines for staffing. According to the NCCNHR, during the day there should be at least one direct care giver for every five residents, one for every ten residents in the evening, and one for every fifteen at night. Remember, these ratios will vary depending on the needs and independence level of the residents. Also, keep in mind, the majority of direct day to day care in most facilities is provided by nursing assistants. On your visit, take the time to introduce yourself to a few of the direct care providers and see if you can get a feel for their level of care, skill and compassion. Be sure to ask management about the turnover rate for providers.

If you have more questions about nursing home facilities or possible problems or issues, you should call the Texas Department of Aging and Disability Services at (800) 458-9858. Sometimes, despite all your research, you may be faced with the tragic situation where your loved one suffers abuse or neglect at their facility. If this occurs, or if your loved one suffers a serious injury at a nursing home, you and your loved one have important legal rights. In this event, it is important that you contact a qualified attorney to help investigate the matter and assess the situation.
Jill Manty

Written by Stewart Guss (attorney at law) the owner of http://attorneyguss.com/ This article can be reproduced in whole or in part, providing this byline is included along with a followable link to http://attorneyguss.com/

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Compensation for Pedestrian Accident Injury

Pedestrian accidents cause 1000 deaths and seriously injure 10,000 people every year. Following an injury as a pedestrian should seriously consider making a no win no fee personal-injury claim. Most pedestrian accidents involve being knocked over by a moving vehicle when walking along the pavement or crossing the road. In this situation it is entirely likely that you will be able to claim compensation.

Pedestrian Accident Compensation claims could be less straightforward if you were crossing the road at the wrong place. For example not at a pelican crossing if there was one nearby. In this situation it is difficult to assess who is to blame. Usually it is the driver and that it might be your fault, or a bit of both for example: 50% to your fault in which case you would get 50% of your compensation. Your compensation is assest on the level of injuries sustained.. In this situation you should get advice from a specialised personal injury solicitor that specialises in this field.By talking to professional you'll be able to find out whether or not you can claim compensation. In most circumstances there will also be able to tell you how much compensation you can hope to get.


The very nature of the circumstances of a pedestrian accident usually suggests that the car driver will ultimately be held responsible and a personal injury solicitor can often make a legal claim for a personal injury settlement.

Pedestrian accidents sometimes do not involve any vehicles they can be caused by poor maintenance of roads and pavements including potholes construction and debris.

Some information you might be interested in about pedestrian accidents:
*
*Pedestrian fatalities account for more 10% of all motor vehicle related deaths.
*More than 20% of pedestrians who are killed by a motor vehicle were legally intoxicated and in about 50% of fatalities either the driver or the pedestrian had a measurable blood alcohol level.
* Elderly adults of 70 years and older comprise less than 10% of the population but account for almost 20% of all pedestrian fatalities - the death rate for this group is the highest of any age group.
* Pedestrian fatality rate for males was more than twice that for females. Non-fatal injury rates for male pedestrians were 50% higher than for females
* 70% of pedestrian accidents happen in urban areas however deaths due to pedestrian accidents are much higher in rural areas. These higher fatality rates would probably be down to higher driving speed and less convenient access to medical care.

if the pedestrian accident that you were involved in was not your fault you may be eligible to claim compensation. Traffic Accident Experts solicitors are dedicated to helping people like you claim the compensation you deserve. If you choose to claim with us you will find that your compensation claim is quick and easy you will not have to take any risk and you will receive 100% of your compensation. To find out whether you can claim for your pedestrian accident you should visitTraffic Accident Experts.
John Bamfud

Rusty Diaz is a
Car Accident Compensation Claims expert at
Traffic Accident Experts.
He has worked in the personal injury sector for 9 years and specialised in only
car accident compensation for the last 5 years.

Source: ArticlesBase.com

Tuesday, January 19, 2010

Determining A Top Divorce Lawyer: Why This Will Help You Out In The End

The process of finding a top divorce lawyer will be well worth it, no matter how much you have to spend and how long you have to work on the case with them. This is because divorce is a tricky enough issue to deal with on its own, but the last thing you want is to not only leave your partner but have everything you own taken away as well. This is why just as with a tax lawyer, you want to get the top divorce lawyer and have them by your side throughout the proceedings so that you can have the most success and win what you want.

You do not need to take everything away, but you should get the top divorce lawyer and decide what items you are interested in. Maybe there is a certain car that you would like to take with you, or certain photo albums that you find particularly sentimental and would like to win.

Who to Hire

When it comes to hiring a top divorce lawyer, reputation is key here. Nothing is going to tell you more about a lawyer than the reputation that they have. You will want to ask around and find out what people have to say about the lawyer that you are considering. Especially if you know someone who has gone through a divorce and hired this lawyer on before, you can get some great firsthand advice and opinions from them.

Tips

There are a few tips that you will want to keep in mind when you are trying to find a top divorce lawyer. One of the best tips is to stick with a lawyer that focuses on divorce cases, a real divorce lawyer. You really do not want to go with a lawyer that also takes criminal cases or family cases for instance, because then you know that they have their areas of interest in other places and so you really cannot trust in them as you could with lawyers who focus solely with divorce cases.

These tips will all be very helpful to you when you go to find a lawyer and so you will want to keep them all in mind to have the best results. This way at least you will not have to worry about your finances when it comes to your divorce, which means one weight taken off your shoulders.
Floyd P. Dietz

If you love this article, you will also love another article written by this article's author on office file cabinets and file cabinet locks.

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How Can I Find Public Records Online

There are a quantity of reasons men choose to do a criminal background scan by performing a public records search. In this day and age retaining your self, your family, and your industry safe from undesirable people is very important. You can check on that new neighbor or look into the qualifications of a would-be new employee before you use them only to uncover out they have a criminal records online.

What ever the reasons there are all manner of criminal records that are freely for sale to the broad public if you know where to look. You will also require to have some patience if you select not to use an web based public records search because it can be somewhat time consuming because you'll have to do it the old fashioned way.

Back before the online gave the typical person the capability to research for and discover just about any type of public record finding this type of info meant performing a tedious search. Criminal and court case records are held in a variety of data in government, state, and county court houses across the state depending on where the criminal trial took place.

This indicates you would have to travel to and request an individual's data from each court where he or she may have been on trial or sentenced. Or you could use a private researcher to do the function for you but this can get rather costly.

With the coming of the computer age and Country Wide Web a great majority of these public records are now being kept in computerized facts bases. This data can be accessed from your dwelling computer quickly and easily. Public records, felony records, arrest warrants and records are all offered to the general population.

Using an on the net records service is the greatest way to access all this information. They do charge a fee but it is nominal when you consider how significantly time and effort you would have to put into hunting down this data using other avenues. The fee also facilitates cover the cost of maintaining the web web-site and their on going record gathering methods. All across the state new criminal records are added to the system every day and these records need to be incorporated into the on the web data bases.

Here's what you require to glimpse for if you are considering utilizing an on the web criminal records search provider. Initial make sure they have a dollars back guarantee if you don't unearth the information you are exploring for. You also want to make sure that they give a lifetime membership for the fee they charge. This ensures that you can do unlimited searches whenever you want or require to. Web sites that charge by the research should be avoided.

The majority of web dependent criminal background check sites give a good service and extra often then not will allow you access to a full host of other public records in addition to courtroom files. For doing a thorough background check an online service is hard to beat.
jlee765

Find Public Records Online

Source: ArticlesBase.com

Monday, January 18, 2010

Debt Consolidation By Means Of Remortgages And Secured Loans

From time to time people really do have to sit down and have a good think about their financial outgoings, and what they can do to simplify them before debts get out of hand.

The main trouble with debt is having too many separate units of debts scattered all over the place making finances difficult to control and manage.It can even become a problem remembering when all the various repayments have to be made every month.

You can become quite confused and muddled about when all your debts must be paid.

In the hectic pace of every day life it can become quite a chore having to fill out cheques for lots of debts and in addition cheques have bank charges attached to them .

Even if the debts are paid through the bank by BACS, charges are made and you also have to make sure that there is enough money in the bank to meet the monthly repayments.

When there is an oversight and payments are made late, charges can be imposed and a person's credit file can be adversely affected.

It is good idea to make financial life easier. and the way to do this is by consolidating them into one payment every, arranging one lump of debt instead of many different separate items of debt.

Even if the monthly payment for the one piece of debt was the same as for the different units of debt, it makes sense to consolidate them, but the fact is that debt consolidation not only combines all the loans etc. combining everything into one and costing less s well.

Unfortunately for tenants who are in debt and finding that their debts have become a problem for which they must find debt solution, the only way is to obtain debt advice from a qualified adviser who may well advise that the only debt solution open is debt management.

A homeowner however has the option of arranging either a secured loan or remortgage both of which perform the same task of debt consolidation by rolling all the debt into one much lower monthly repayment.

Interest rates for secured loans start at around the 9% mark and remortgages are from 1.98% which makes it as clear as daylight just how much can be saved by taking out a secured loan or a remortgage to arrange debt consolidation, as the remortgage and secured loan rates are a fraction of that charged for credit cards, home improvement loans and most personal loans.

Sometimes a secured loan can be preferble to a remortgage such as during the tie in period with an existing mortgage which would mean that an early repayment penalty would be levied.

Debt consolidation by means of secured loans and remortgages affords a great saving monthly.
Steven Magill

Champion Finance has been estblished since 1985. This makes them one of the longest established, if not THE longest , established secured loan and homeowner loan broker in the UK. They also offer debt solutions such as debt consolidation, debt management, etc. to help those with debt problems to become debt free. Whole of the market mortgages and remortgages are also available.

Source: ArticlesBase.com

K1 Visas and I-601 Waivers: Is Waiver Approval Binding at Adjustment?

The K-1 Fiancee Visa was promulgated by the US Congress in an effort to provide a legal method whereby alien fiancees could travel to the USA in order to meet their American loved one. The main advantage of this type of family visa is the fast processing time compared to American marriage visas. However, this type of travel document requires the foreign fiancee to adjust status once lawfully present in the USA. The adjustment process usually takes anywhere from 3 to 6 months.

An I-601 waiver was created for those who have previously been found inadmissible to the United States due to one of the legal grounds of inadmissibility found in the relevant provisions of the American Immigration and Nationality Act. In Thailand, two of the most common grounds of inadmissibility are the result of a factual finding that the alien fiance (or fiancee) engaged in prostitution within 10 years prior to the application's submission or a finding that the alien fiance (or fiancee) overstayed in the United States and accrued unlawful presence while in the US on a prior visa.

Many inquire: should a foreign fiancee be approved for one of the above noted waivers of inadmissibility, then she should not need to revisit that issue again? The short answer: no. After an I-601 waiver application is approved the decision is binding and should be respected by subsequent USCIS officers and adjudicators. Therefore, if the local Office of the United States Citizenship and Immigration Service (USCIS) in Bangkok approves an I-601 waiver application, then that holding, based upon those unique and specific facts, will be respected by other USCIS offices adjudicating later applications that are connected to the alien's presence in the United States of America.

A common example of how this could transpire: a Thai fiancee is issued a denial by a Consular Officer at the US Embassy in Bangkok for a K-1 visa based upon a finding that a legal ground of inadmissibility exists. Pursuant to notice that a waiver will be sought, the file is then sent to the USCIS Bangkok office. Should the I-601 waiver application receive approval, then the case file will be placed back with the Consulate at the American Embassy. The American Consulate should then issue the K-1 visa, and the applicant will travel to the United States, gain lawful admission, marry the American Citizen fiance, and submit an adjustment of status application.

In this situation, the waiver that was adjudicated previously ought to be upheld during the adjustment of status process and thus the matter will likely not be re-opened. An often overlooked advantage of seeking a waiver abroad is that this method can provide insight regarding future phases of the process and might also be a boon because sensitive waiver issues are dealt with in a jurisdiction other than the one in which the American Citizen maintains a domicile.
Ben Hart

Benjamin W. Hart is a licensed attorney from the United States of America and Member of the American Immigration Lawyers Association. He currently acts as Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact them at: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. For more information please see: K1 visa requirements or Fiance visa.

Source: ArticlesBase.com

Sunday, January 17, 2010

Real Estate Litigation Lawsuit

Based in California, Los Angeles, Wagenseller Law Firm is a pioneering real estate law firm that offers business legal counsel. It has legally represented parties in real estates litigations and successful defenses in a plethora of commercial lawsuits. Wagenseller Law Firm represents the legal interests of real estate developers, proprietors, investors, brokers/agents and tenants in diverse legal suits and proceedings.
Wagenseller Law Firm specializes in legal cases like breach of contract (breach of lease/ guarantee), quiet title actions and partnership dissolutions.
Wagenseller Law Firm has extensive records for Real estate litigations, with cases that highlight its success. Among successful cases, they have defended a real estate developer in a case of breach of partnership worth $1.8 million. Their legal attorneys have legally represented a joint commercial and residential building proprietor in litigation, where the client wasn’t required to pay any settlement. Wagenseller Law Firm has efficiently represented a renowned restaurant group, acquitting them of an unlawful detained lawsuit and securing compromised outstanding debts approximately worth $ 300,000.

Wagenseller Law Firm employs experienced commercial leasing attorneys to oversee the diverse aspects of proprietor/tenant transactions. Wagenseller Law Firm’s commercial leasing lawyers help in effective lease negotiations and also help supervise the client’s legal proceedings. From the nascent stages like initiation and preparation of a legal proceeding or a defense, the attorneys at Wagenseller Law Firm offer comprehensive legal and procedural advice to the client.
These attorneys and legal counsels effectively negotiate and draft the best terms and deals on commercial establishments and industrial leases. They also work to facilitate insertion of legal amendments in existing leases, assessment of legal properties and contest/pursue litigations regarding breach of leases. These legal counsels also extend their services to landlords or tenants for evaluation of new legal transactions and agreements.
Wagenseller Law Firm offers legal services of real estate litigation attorneys and lawyers throughout the region of Los Angeles and Southern California. These attorneys take up cases and legal proceedings for Real estate and Business Litigations, Laws for business, commercial activities and Real Estate, Commercial leases and for partnership and Shareholder litigation proceedings.

Wagenseller Law Firm ensures aggressive legal prosecution/ defense even during particularly complicated cases of breaches of contracts/lease, ownership disputes and partnership disagreements. Wagenseller Law Firm also has a sterling record of successful prosecutions/defense in cases for quiet titles, neighbor disagreements, boundary disputes and litigations for real estate frauds. Attorneys Laine T.Wagenseller, Michelle K.Straussburg and Susan Barilich form the core legal faculty of the Wagenseller Law Firm. With valuable legal experience, these attorneys help clients from wide sectors both in Real estate and Buisness.
Wagenseller Law Firm can help the customer identify the exact nature of a possible litigation, or an ongoing prosecution/ defense. Wagenseller Law Firm offers the services of an experienced real estate fraud lawyer and real estate fraud attorney to every customer, facilitating better defense or more active, informed prosecution. The lawyers at Wagenseller Law firm also strive to procure more than expected benefits and advantages by way of punitive damages.
Laine T Wagenseller

Laine T. Wagenseller founder of Wagenseller Law Firm Well Known Business and Real Estate Law Firm Los Angeles, Our real estate litigation attorney handles every type of Real Estate litigation and helps you to fight for your interests in court.
For more information contact Mr. Wagenseller at (213) 996-8338 or ltw@wagensellerlaw.com.

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