Saturday, August 25, 2007

Law and Consumer Report Agencies

Laws were made to help people bring justice to their lives, and it is the violation of these laws what makes a person go through harsh time. The Federal Trade Commission (FTC) designed the laws that assured people's right to obtain, maintain and use credit. But the laws do not promise everyone a credit. It only guarantees that everyone is equal in matters of credit issues.

The FTC is also responsible for correcting any credit mistakes that people could have made.

Due to the legal inspection of your credit rating by many companies, it is advised you maintain a good rating. Said rating is inspected every time you apply for:

- Credit
- Employment
- Insurance
- Leases

Everybody depends on their credit histories, especially in cases of credit business. Companies, based on your credit payment history, will grant or reject applications. Therefore, it is people’s responsibility to maintain a positive and accurate credit payment history by reviewing once in a while their report.

Usually credit problems occur due to:
- Temporary loss of income
- Sudden illnesses
- Computer errors

Solving possible mistakes of credit problems can take some time and lots of your patience. In order to fix your report yow will not need to pass any difficult tests. Your credit payment history is recorded in either a file or a report. These files are kept safe by CRAs (Consumer Reporting Agencies), such as a credit bureau. You certainly will have a credit file in any of these CRA agencies if you have ever applied for a credit, a charge account, a personal loan, an insurance (of any kind) or a job.

The credit record contains information about your income, the source of it, debts and your whole credit payment history. It also shows if you have ever been involved in any criminal activities, been sued, arrested or if you have filed for bankruptcy.

The law guarantees that people will get equal treatment, without considering issues like gender, race, marital status, religion, age or national origin.

The Fair Credit Reporting Act’s (FCRA) main job it is to guarantee that all CRAs bring credible and correct information to any businesses that require it when evaluating someone’s application.

You have a right that the Fair Credit Reporting Act states, which is to get a copy of your credit report whenever you request it. This copy of your credit report has to include all the information in your personal file at the time you request it. You also have the right to know the names of the companies or anyone who requested your credit report within the last year for any purposes or in the last two years for employment purposes.

If a company declines your application, it has the obligation of supplying the name and full address of the CRA they contacted, and the reason of denying the application. You have the right to receive a free copy of your credit report when someone rejects your application due to the content of the credit report itself or because of the information supplied by the CRA. You must make the request within 60 days after receiving the rejection notice.

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How To Find A Lawyer?

The average person may not even know how to begin looking for a good lawyer. There are many source of information with daunting names like the attorney public records or certified lawyer referral service, but once you get the break down of how everything words together it's pretty simply.

Referrals from business associated and / or family – It sounds like the simplest place to start, but many people may be embarrassed about asking what legal professional a fellow work associate or family member users, but you don't have to be. With so many lawyers out there it's likely you can get a personal referral to someone who can help you without even having to do much a search.

Attorney public records – Once you've found a lawyer or attorney you're thinking about suing, you can checked their official bar membership record which will include their address, phone number, discipline history and other marks on their professional reputation. It's easier now then ever on the Stat Bar's website. If you see anything that doesn’t check out, you may want to reconsider your choice.

Certified Lawyer referral services – Do a quick search online or in the Yellow Pages and you'll be sure to find a State Bar certified lawyer referral service. They can steer you in the right direction if you don't know where else to look.

Certified Legal Specialists – State Bars maintain lists of attorney who are certified specialists in particular areas of law. For example the California state bar certified specialists in appellate law, workers' comp, tax law, family law, immigration, estate planning, bankruptcy, and criminal law. They may even have this list directly on the state bar's website.

Free Legal Aid Agencies – Depending on your financial and personal situation there may be an entire number of agencies devoted to giving you free legal advice and basic legal resources. Many law schools also have free clinics available.

Advertisements and Professional Websites – Take a Google search and you'll see tons of PPC and professional advertisements for lawyers of all types. Just be sure to thoroughly check them out, but you can shop for a lawyer the same way you would a car.

All in all there are many different viable options for you to begin your search. Just be sure not to settle for the first lawyer you find and be sure you get along with the person. Depending on your needs you may be entering into a long term business relationship with them so be sure you get along and can work together.

MyAbogado.com is a popular legal directory that helps users locate legal professionals across the country while providing the legal community and litigation support providers with a low cost method to market their services to other professionals and members of the public across the country. To find out more, please visit myabogado.com


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Understanding Private And Public International Law

Private international law is a sector of international law that oversees all legal entanglements that involve foreign law elements. Private international law is also referred to as conflict of laws, as international law usually trumps federal or national laws if there is conflict and the countries in question have signed an agreement to submit to an international ruling.

Private international law determines, if there is a conflict of laws, who has jurisdiction over the specific case and which laws are to be applied by the country that is given jurisdictional rights.

This type of law has been practiced by ages, and was first implemented by the Romans, who established a tribunal to reside over cases brought by foreign states that had a conflict of laws with regards to a criminal, etc. the Roman courts might decide to apply the law of one nation over both Roman law and the other nation.

Thus, private international law is largely used to settle disputes between foreign countries; however, awarding a case to one may mean a backlash from the other. Because of this, international rulings often take into consideration the reality of the situation with regards to international law, and may come to a decision that both countries legal factors are okay with.

In contrast to private international law, public international law is not concerned with conflict of laws; it is concerned with the configuration and conduct of states, international organizations and sometimes commercial industry, like a multinational corporation.

Also called the 'law of nations,' international law deals with the possession of territory, the immunity of the state and its legal responsibility in regards to its conduct with other states. It also deals with the behavior towards citizens and non-citizens within the confines of the state. This includes rights of aliens, groups, refugees, human rights violations, crimes committed internationally, applications and problems concerning nationality, and much more.

International law attempts to maintain good relations and international peace, avoid any armed conflicts where possible, maintain arms control, concerns itself with environmental issues, communications and space technology; in essence, it simply deals with every aspect of law on an international scale, from wars to the environment and everything in between.

MyAbogado.com is a popular legal directory that helps users locate legal professionals across the country while providing the legal community and litigation support providers with a low cost method to market their services to other professionals and members of the public across the country. To find out more, please visit myabogado.com


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What Is Contract Law and Why Should I Hire A Contract Lawyer?

Contract law is a branch of the legal sector that deals with the legal binding and exchange of agreements between group or parties; in effect, a contract. A contract can be many things: verbal, written, even action oriented. If you buy a dress, for example, you're contracted to pay the amount of the dress to the merchant. Our daily lives are full of contracts and agreements, some, like the dress, which we don't normally think about.

What contract law does is protect, defend and examine contracts made between people, agencies, groups, organizations, etc. It falls under the civil law system and is considered part of laws surrounding obligations, or 'law of obligation.'

Much of the time, the sector of contract law is concerned with breaches of contracts and solutions to the problems that accompany these breeches. What most people don't know is that, contrary to what they may believe, an informal contract (one made orally, even lightly) can still be as binding and legal as a written contract.

Contract lawyers deal with everything from the formalities and details of a contract to its ultimate follow through. A contract lawyer will ideally ensure that the contractual terms of the contract are complete and in no way uncertain.

This is highly important because, if the terms of a contract are determined 'incomplete' or 'uncertain,' the contract is liable for severance. For example, if an agreement was made between two parties, and one party tried to break the contract, they might be successful if the contract is deemed uncertain or incomplete by a court of law.

In order to obtain damages for breaking (breeching) a contract, a person may bring a suit against the contract-breaker by filing a civil lawsuit usually in a state court. However, it is within their rights to petition a private arbitrator to hear their case as well. This is best practice in the United States; other countries may have similar processes.

Hiring a contract lawyer to help you out with this process is well worth your time, as they can help resolve any disputes you have with a contract and conversely, ensure a contract is solid and legal, without any uncertain terms that could be grounds for severance.

MyAbogado.com is a popular legal directory that helps users locate legal professionals across the country while providing the legal community and litigation support providers with a low cost method to market their services to other professionals and members of the public across the country. To find out more, please visit myabogado.com


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What is Property Law?

Property law falls into the common law legal system and concerns all aspects of ownership of 'real' property (land ownership as opposed to ownership of movable possessions) and personal property (movable possessions).

The concept of property law has been around since the days of ancient Rome and the emperor Justinian's Corpus Juris Civilis, which was concerned with dividing civil law into three categories: personal status, property and acquisition of property. The concept of property law as we know it today first evolved out of France's feudal system and was the first successful implementation of such a law, called the Napoleonic Code, based on Justinian's ideals.

Thus property has gone from lying in the hands of the monarchs and feudal systems of the middle ages to total rights of the individual property owner. However, civil law to this day still distinguishes between property laws surrounding immovable possessions, like land, and property law concerning movable possessions, like clothes, cars, etc.

Property laws today ensure that a person's legal rights and obligations surrounding their property are protected. This is a branch of law where it is especially important to be informed in, because it directly affects people more than any other sector of the law. The numbers of lawyers in existence are many; however, don't go to just any lawyer for any disputes regarding property. Property law is a specialized field that needs the skills of a solid professional who has previous experience in property law.

There are numerous intricacies, loops and holes in property law and a property lawyer can help you navigate them easily and efficiently. Under property law fall a number of topics, such as the overlap of contract law and property law, property rights vs. personal rights, possession of property, transfer of property, leases and much more. Property law, then, seems to be a blanket term that applies to any number of topics and scenarios dealing with both movable, personal property rights and movable property rights.

MyAbogado.com is a popular legal directory that helps users locate legal professionals across the country while providing the legal community and litigation support providers with a low cost method to market their services to other professionals and members of the public across the country. To find out more, please visit myabogado.com


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Don't Write Off Berlusconi Just Yet

Anything to do with Silvio Berlusconi is a dance of the seven veils in which the truth is revealed - if ever - in teasing stages. Last weekend, it emerged he was going to the United States. He said it was to see his daughter and do some Christmas shopping. Now we know he went for heart surgery. His party, Forza Italia, said an operation carried out at a hospital in Cleveland, Ohio, was needed to correct the irregular heartbeat of Italy's richest individual and opposition leader. It said the operation had been "fully successful".

But there is no reason why any more credence should be given to that statement than to others made in the past on Mr Berlusconi's behalf. His initially mysterious absence in the winter of 2003-04, when he was still prime minister, turned out to have been contrived so that he could undergo facial surgery. The bandana he famously wore to welcome Tony and Cherie Blair to his Sardinian villa the following summer turned out to hide the traces of a major hair transplant. And, after he fainted at a rally last month, it was all put down to heat and fatigue.

Yes, he was taken to the intensive care unit. But that was just because the doctor looking after him was the head of that department.

Yes, he was kept in hospital for three full days. But that was just for tests - and they all showed the leader was in terrific form.

This may sound familiar - rather like what we used to hear from the Kremlin before the collapse of the Soviet Union, or what we have been hearing recently from Cuba since Fidel Castro became indisposed. There is a reason.

More perhaps than any politician in Europe today, Silvio Berlusconi is an old-style charismatic leader, and in the way of charismatic leaders there are no obvious succession arrangements for him. This is partly a result of choice and partly a result of circumstance.

At the age of 70, he knows full well that the day he names a successor will be the day he gives up his political influence. And he is not ready to do that yet.

Having passed the age at which he can be sent to jail under Italian law, he no longer faces a threat of imprisonment from the trials for alleged financial offences in which he is a defendant. But the centre-left government of Romano Prodi, who ousted him at a general election in April, has already said it intends to move one of Mr Berlusconi's three TV channels to satellite, and he must fear this is the prelude to the dismantling of his media empire.

That danger would evaporate were the tycoon-turned-politician able to claw his way back into office. And there are two ways it could happen.

The first is through a recount of this year's election in which the right lost by a whisker. Ballots from both the senate and the chamber of deputies are currently being examined following an agreement between the government and opposition.

The second, and more normal, way in which Mr Berlusconi could return to power would be in the event of an irreparable collapse of the present government. This is scarcely unthinkable.

Mr Prodi has a majority of only one elected member in the Senate, the upper house of parliament. And his coalition is made up of no less than nine very different parties.

So far, they have been held together by a passionate reluctance to let Mr Berlusconi back into office. But that could change.

Timing in all of this is crucial. If Mr Prodi's government were to fall some time next year, for example, it might just be replaced by one headed by Mr Berlusconi.

But if it can survive until the next general election, due in 2011, the right will have to find another candidate. An Italian legislature spans five years. By 2016, Italy's billionaire politician would be 79. Even by the standards of a country that reveres elderly statesmen, that is just too old.

As he lies on his back in an American hospital, Mr Berlusconi must be uneasily aware that he is a man racing the clock.


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Paralegals - What Exactly Do They Do?

So, what's a lawyer got that a paralegal does not?

Well, there's that law degree diploma hanging on the wall. And that hefty fee that comes with an office visit.

While there are some limitations to what a paralegal can do, chances are that most of your attorney's work is done by a paralegal, a legal assistant that he or she trusts to know the law and the documents being prepared. Be thankful - the paralegal fee is far less than the fee would be if an attorney were completing your paper work. Don't worry that your legal work is less effective or efficient because it was completed by someone other than your actual attorney. When the attorney puts his or her signature on a document prepared by a paralegal, the lawyer is verifying that the information is correct. It's just as legal - but probably costing you a lot less - to have the paralegal complete your paper work.

There are a lot of duties a paralegal plays in an attorney's office. The paralegal may do legal research and writing for your attorney. A paralegal may even take over as case manager, a situation that many firms are considering if they have not already adopted to help keep legal fees lower and affordable.

There are five things a paralegal cannot do. One, a paralegal cannot give legal advice. Only a licensed attorney should do that. Two, a paralegal cannot develop the attorney-client relationship. It just makes sense - the attorney-client relationship should be between those two people, otherwise it would be called the law firm representative - client relationship. Three, the paralegal cannot sign papers on behalf of the client. Only the attorney can attest his or her name to those legal documents. Four, the paralegal cannot represent a client in court. While many paralegals could probably do so quite well, it just isn't legal. And, five, the paralegal cannot set and collect legal fees. Only the attorney can do that.

Different states have different requirements for paralegals. Some do specifically require certification. Other states allow attorneys hiring the paralegals to judge the person's qualifications. After all, the attorney will be the one signing off on all of the paralegal's work. Some attorneys require a certain amount of legal experience, a background in research or other clerical skills. If you are interested in a career as a paralegal, check with some attorney's offices or law firms in your hometown. See what their qualifications are. If they prefer to hire paralegals with course certificates, ask if they can recommend a school or schools for you to examine.

There are plenty of opportunities to take paralegal courses, even for today's busiest people. In addition to home study courses, there are online courses, and programs of study at two and four year colleges and universities. One method of study is sure to fit your budget and the school of your choice may even have financial aid options available. If you are thinking of a paralegal career - or changing careers to be a paralegal - check out all your options and decide if having a two or four year paralegal certificate will help make you more marketable in the legal world.

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Cricket: Yorkshire Go to Law Over Mcgrath

Yorkshire's winter of discontent took another turn for the worse yesterday when their former captain Anthony McGrath confirmed his intention to walk out on the remaining two years of his contract. Both sides immediately staked out their positions for an apparently inevitable legal battle before the 31-year-old can complete his expected move to Lancashire.

The county have now lost their three leading batsmen from last season after the retirement of Darren Lehmann and Michael Lumb's move to Hampshire, while the failure to lure Chris Adams from Sussex as captain and first-team coach has also led to the resignation of the former director of cricket David Byas.

McGrath has scored more than 9,000 first-class runs for Yorkshire, who offered him the captaincy and a three-year contract last autumn in an effort to keep him. But yesterday he issued a statement confirming he "is leaving the club with immediate effect", and citing "differences that I have not been able to resolve".

That drew an immediate warning of legal action against McGrath from Yorkshire's chief executive, Stewart Regan. "Following our own legal advice, we have notified Anthony's solicitor that we believe he is in breach of his contract in trying to terminate his agreement with the club in this way. We have tried endlessly to resolve the differences Anthony has with the club and feel very hurt that he has chosen to try and break his contract in this manner. We are now in discussions with our solicitors regarding the possibility of legal action against Anthony and also prospectively against his agent regarding his role in this matter.


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