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How to Network Effectively

2008-08-08T07:00:00.001-07:00

Author : Dee Piziak
Networking is the single most effective way to job hunt and to increase business opportunities. Without a circle of high quality professional acquaintances, you will be severely disadvantaged throughout your career. However, building this circle requires planning and you have to continually work at it. How do you get started? Most importantly, how do you make sure you aren't turning people off or damaging your reputation? Read on to learn the fundamentals of effective networking - what TO do and what NOT to do.How to Start- There's really no single formula. However, I recommend that you start with a specific goal and timeframe. For example, decide to meet 3 new people in your field who work both in your company and in other firms over the next 6 months. Once you "program" that goal into your brain, you'll be amazed at the number of opportunities that come your way. Sign up for seminars, attend presentations, take a class, or ask a friend to introduce you to someone. Just get going. And don't worry about imposing – people are generally very nice and like to help each other out.How to Get People Interested in You- Who are you interested in networking with? Probably people who are cheerful, hard-working, well put together and well thought of, right? Well, then you need to work on being that kind of person yourself. You have to demonstrate that you are worth building a relationship with.If you're meeting someone for the first time, let them do most of the talking. People love to talk about themselves. Ask them about their interests, profession…whatever. First, you'll learn pretty quickly if this person is someone you want to keep in touch with. Second, if you do ask them for their business card or contact information, they will gladly give it to you because they now look upon you very favorably as being "a good listener". Make sure you ask for permission to contact them in the future. Don't assume that you can. Just say something like "I'm glad we met. May I keep in touch with you?" If you've used the active listening approach I described, they always say "Yes" or "Of course".If someone isn't interested in networking with you, just back off. Don't bug them or try to change his or her mind. Be objective about why this is the case and try to determine if there is something about yourself that needs improvement. If they never come around, don't worry about it. The world is a big place and there are plenty of great people out there.Start Off Conservatively- Wait for at least 24-48 hours to pass before getting in touch with someone after you meet them. Otherwise, they might get the impression that you're needy or over-eager. Don't ask for huge favors the very first time you communicate with someone, either. Networking is a give-and-take process, not a one-time event. People don't "owe" you anything just because you were introduced or exchanged business cards.Mind Your Manners- What ever happened to "Please" and "Thank you"? People of all ages are violating this basic rule and it's appalling. Use an appropriate level of formality and respectful tone. Over time you can become more relaxed but never, ever lose basic courtesy. If you're sending an email, watch your grammar and spell check it before sending. If you're leaving a voicemail, write it out first and practice saying it a few times. That way, it will be delivered it smoothly and naturally. Your verbal and written communication reflects who you are.Demonstrate Respect for Process and Position- Don't ask people to go around their company's internal processes or to leap over organizational levels for you. This puts them on the spot. Instead, ask them to explain what their company's process is and who they recommend that you contact. Always, always ask for permission to use their name before doing so. This approach shows that you are a responsible and trustworthy person. And, you will ultimately get in touch with the right individual(s) through a series of personal internal referrals Trust me – this works.Set Up a Schedule- A preset schedule will ensure that you keep in regular contact with your networking circle. 2-3 times a year is a good guideline, unless you are working with someone on a specific project or request. Make it a convenient time for them – breakfast, coffee, lunch, or after work. Keep it to 30 minutes. If the other person wants to make it longer, let them suggest it, not you.Keep the Conversations Productive- Be completely professional and upbeat in your networking activities. Networking is not a vehicle for you to whine, complain, or badmouth. It's an opportunity for you to learn from others and to help them out as well. Anybody who is a quality individual for you to know will not be interested in listening to garbage. In networking circles, word travels fast about which people to avoid. Don't get on that list.Be a Giver, Not a Taker- Keep track of how many times you ask for favors. You should be giving and taking in equal measure. End each conversation with "Thanks for your time. Please tell me how I can help you." Even if the other person says "Oh, don't worry about it." or "I don't really need anything right now." - they will always remember you as being a very unselfish and thoughtful person. I cannot stress enough how much networking is about helping others. Again, word travels fast about which people just take, take, take and never do anything for anyone else. Don't get on that list, either.Be on Your Best Behavior at all Times- Not everyone is an outgoing extrovert. And we all have bad days. But the world is a small place and people have long memories. You never know who you will run into and whose assistance you will need, even if it's years and years from now. You can never go wrong by being kind and respectful to everyone all the time.You Must Sow Before You Reap- Start networking NOW. Don't wait until you need something. There is nothing more annoying than getting a phone call from someone you just met or someone who hasn't been in touch for years (or worse yet, didn't return your calls when you contacted them) asking for a big favor.If you truly don't need anyone or anything right now, then reach out to others and help them. And be sincere about it. Develop the reputation for being someone who helps others. Not only is it the right thing to do, but by doing so, you will build up a "bank" of goodwill that you can easily tap into when you really need it. Believe me, that day will come and when it does, you'll be amazed at the outpouring of assistance you'll get.Protect Your Good Name and Reputation- Don't feel obligated to let just anyone into your personal network. Be especially careful if you have any doubts about how a person's behavior will reflect upon you, even if you've known this person since childhood or if she is your second cousin. It can take someone less than 5 minutes to ruin the good reputation you've spent years and years building.Don't blow the person off. Return the phone call and listen to the request with respect. Then simply say "I wish I could help you out. Unfortunately, I'm not in a position right now to be of assistance. If things change, I'll certainly get in touch with you." Leave it at that.Dee Piziak is a manager for a Fortune 500 company and a university instructor. Her consulting firm, Acadia Communications, specializes in professional coaching, career development, and resume writing. Visit her website at http://www.acadiacommunications.com
Category : Business:Networking

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2008-07-25T18:25:00.000-07:00

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2008-07-25T08:21:00.004-07:00

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2008-07-25T08:21:00.003-07:00

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2008-07-25T08:21:00.001-07:00

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Debt and Bill Consolidation - Signs You Need To Consolidate Your Debt

2008-07-20T17:40:00.001-07:00

Author : Carrie Reeder
If your debt is becoming difficult to get on top of, here are some questions to ask yourself to help you determine if you need some help managing or consolidating your debt. If you answer yes to any of these questions, you should probably consider applying for a debt consolidation loan or seeking help from a debt management service.1. Do you borrow from one credit card to pay another?2. Are you unable to pay down any principal on your loan balances and can you only afford to make the minimum monthly payments?3. Do you make your loan payments on the very last possible day that you can get away with making your payment? Are you unable to make your payments even a week ahead of the due date?4. Do you find yourself putting necessities like groceries and gas on a credit card without being able to pay it back by the end of the month?5. Are you continually seeking new loans or loan sources in order to keep up with your expenses and bills?6. Do you have more than 5 credit card payments? Are you paying your debt payments to many different companies every month?If your income is maxed out with debt or credit card payments every month, it can be very discouraging to work all month and only be able to keep up, or not even quite keep up with your bills and debt. Debt can be manageable and livable if you are making progress with paying down your debt balances.Sometimes, if your income has dropped or you are in a situation where you have gotten yourself into too much debt. It is best to seek help managing your debt, or applying for a debt consolidation loan, which can lower your monthly payments and leave you the extra money every month to start paying down your principal balance.You can have financial breathing room if you can consolidate your bills into lower monthly payments. It is a smart thing to do if you are struggling to make your minimum payments.There are many ways that debt can be consolidated. If you have a home with some equity, you can apply for an equity line of credit which can be used to consolidate your debt. Even if you have no equity in your home, you may be able to qualify for a home loan which will go over the amount of equity you have in your home, sometimes up to 125% of your homes value.To view our list of recommended debt consolidation companies or home equity line of credit sources, visit these pages: Recommended
Debt Consolidation Companies and Recommended Home
Equity Line of Credit SourcesCarrie Reeder is the owner of ABC Loan Guide, an informational website about loans. The site has informative articles and the latest finance news.
Category : Broadband Internet

Network Markaters Irrefutable Law #5 - The Law of E.F. Hutton

2008-04-25T00:00:00.001-07:00

Author : Kevin McNabb

ass="view_date">February 9th, 2007Irrefutable Law #5 - The Law of E.F. HuttonWhen the Real Leader Speaks, People ListenThe real leader holds the power, not just the position.Thats why this is called the Law of E.F. Hutton. Because when the real leader speaks, people do listen.Being in power is like being a lady. If you have to tell people you are, you arent. Margaret ThatcherIf you see a disparity between whos leading the meeting and whos leading the people, then the person running the meeting is not the real leader.The Eyes Have ItOnce you learn the Law of E.F. Hutton, youll never have trouble figuring out who the real leader is in just about any situation. For example, go to a meeting with a group of people youve never met before and watch them for five minutes. Youll know who the leader is. When somebody asks a question, who do people watch? Who do they wait to hear? The person they look at is the real leader.The next time youre in a meeting, look around you. See if you notice a differencebetween these to kinds of leaders:Positional Leader Real LeadersSpeak First Speak laterNeed the influence of the real leader to get things done Need only their own influence to get things doneInfluence only the other positional leaders Influence everyone in the roomThe real test of leadership isnt where you start out. Its where you end up.Will the Real Leader Please Stand UpDont listen to the claims of the person professing to be the leader. Instead, watch the reactions of the people around him. The proof ofleadership is found in the followers.People Become Real Leaders Because of How do the real leaders become the real leaders in the group? As outlined in the Law of Process, leadership is not developed in a day. Neither does a persons recognition as a leader. Over the course of time, seven key areas reveal themselves in leaders lives that cause them to step forward as leaders:1.Character Who They Are - True leadership always begins with the inner person.2.Relationships Who They Know - Youre a leader only if you have followers, and that always requires the development of relationships the deeper the relationships, the stronger the potential for leadership.3.Knowledge What They Know - Information is vital for a leader. You need a grasp of the facts, an understanding of the factors involved, and a vision for the future.4.Intuition What They Feel - Leadership requires more than just a command of data. It demands an ability to deal with numerous intangibles as outlined in the Law of Intuition.5.Experience Where Theyve Been - The greater the challenges youve faced in the past, the more likely followers are to give you a chance. Experience doesnt guarantee credibility, but it encourages people to give you a chance to prove that you are capable.6.Past Success What Theyve Done - Nothing speaks to followers like a good track record.7.Ability What They Can Do - The bottom line for followers is what a leader is capable of.When She Spoke Once you have a handle on the Law of E.F. Hutton, you understand that people listen to what someone has to say not necessarily because of the truth being communicated in the message, but because of their respect for the speaker.How do people react when you communicate? When you speak, do people listen I mean really listen? Or do they wait to hear what someone else has to say before they act? You can find out a lot about your level of leadership if you have the courage to ask and answer that question. Thats the power of the Law of E.F. Hutton.Kevin McNabbhttp://tinyurl.com/yrxbct Pave the road to freedom and prosperity.Learn the secrets of exploding yor SUCCESSfrom over 50 of the World's Greatest Expert's.http://tinyurl.com/yrxbct

Category : General Business: Network Marketing

Casino games. Mathematics in the gambling world.

2008-04-14T04:00:00.001-07:00

Author : Arthur Prudent

In the industry of gambles the most if not all depends on precision of a mathematical approach. Operators of gambling-houses and professional gamblers know that but those who want to make a fortune at the casino do not think about it. To understand the gamble, a player should know some determinatives the most important of which is expected value. This is a sum of all possible values of a random variable on probabilities of these values (it is rather easy if think it over). Often expected value is called simply average value. As to gambles expected value implies house edge that is expressed an average gain/loss ratio to the initial stake value. Mathematical expected value of every hands is an average gain/loss on given cards of a gambler. So the amount of expected values of all possible hands makes a general expected value of the gamble. Thus expected value is not a ratio of an average loss to a total amount of money staked by a gambler as in some gambles (such as blackjack or poker) a gambler can increase the stake after the cards were distributed to him. Supplementary increase of the stake does not participate in calculation of expected value of the game/hands while determining initial bet, but it increases the risk. To compare different gambles under this parameter they use another value an element of risk. The element of risk is a ratio of a medium gain/loss to a total amount of money staked on the table. This value also lets estimate and compare different gambles in matter of their profitability and riskiness. The reason the better hand of a gambling house is calculated as to the initial stake and not as to a medium stake is such that if, for example, a gambler knows that in this game his better hand is 0.1% he can determine that a medium gain for every 100 dollars stake will be 10 cents. There is also a concept of STANDARD DEVIATION, a value characterizing fluctuations of the bank playing this gamble. As a rule, it is used to determine probability of the fact that the result of given gamble session will be placed within some limits. Standard deviation of a final result after N stakes is the amount of standard deviation for one stake and square root of a number of initial stakes made in given gamble session. This is the case when supposed that a stake value is always constant. Probability of the fact that the result of the session can be within limits of 1 standard deviation from expected value is equal to 68.26%. Probability of the fact that the result of the session can be within limits of 2 standard deviations is equal to 95.46%. Probability of the fact that the result of the session can be within limits of 3 standard deviations is equal to 99.74%. These concepts are used by everybody who takes a gamble as a business. They influence those who ignore mathematics. And the less a man related to a gambling business pays attention to mathematics, the less chances to win he has. Copyright 2006-2007 Casino bonus codes Tanya N. is the developer of Casino bonus codes , web site covering gambling news, features reviews on Casinos, bonuses promotions and more. Casino games. Mathematics in the gambling world.

Category : General Gaming / Casinos

ReInvent Your Product

2008-04-13T05:00:00.001-07:00

Author : Valerian Dinca
Sales, that unique experience that comes and go!When we have it, we think it will last forever, when we donâ™t, we worry that it will never come. It is not only an experience, it is a way of living in a permanent challenge with competition, with customers and with ourselves.

You have been successful selling your product for a while. You have grown, you have achieved your goals and you have the will to continue to grow and achieve! You cannot wait just doing nothing the time when you will have no demands because your product is an old one.

You must find something new to keep your market warm or if you don't have one, is the time to Reinvent Your Product!

1. Evaluate your product very carefully and make a list with its functions. You might discover a new one or a function you have never promoted.

2. Evaluate the market demand and check the list with your product functions. It is very possible to find that you cover a demand you have never took into consideration.

3. Evaluate the content of promotion in the light of above two points and add a new benefit your competition doesn't offer and use it as your main selling tip.

4. Analyze the ways trough other similar successful products are promoted (websites, mini sites, ezines, etc) to see if you spread the information in an usual and comfortable mode for customers.

5. Set a package containing your product and another 3-4 (free) products (reports, e-books, tools, programs, etc). Promote this full package as a new product able to solve a larger area of problems.

6. Choose a new name but not a very different one. Your old customers must recognize previous brand and product they trust. The simplest method is to add 'Gold', 'Platinum' or something else to draw attention that your product is a new one.

You may think this ReInvention process seems unorthodox, but it sure has worked for other people and will work for you as well. There is no reason to judge yourself because you can't do something extraordinary as long as people buy from you.Valerian Dinca is the owner of the newest online business tutorial. Everything you need when you need it.
Category : Leasing

Have you found your dream home?

2008-04-08T05:00:00.000-07:00

Author : dinesh

Hi Friends,Have you found your dream home? If you & rsquo;re ready to buy a home but don’t have enough cash for the down payment, MaicoHomeLoans can help you with an 80% first mortgage and a 20% second mortgage that cover the purchase price of your new home. Find the best possible home loan for purchasing the home. MaicoHomeLoans offers best home loans and mortgage loans, refinancing rates, and home equity loans in across the USA. Find the lowest mortgage rates for your home loan in California USA. You don't need to look any further for your home equity loan or equity line of credit loan . If you refinance your mortgage, you may be able to reduce your rate. Do you need extra cash to purchase house then MaicoHomeLoans will help you definitely. For more details visit www.maicohomeloans.comThanks,Paul. You don't need to look any further for your home equity loan or equity line of credit loan . If you refinance your mortgage, you may be able to reduce your rate. Do you need extra cash to purchase house then MaicoHomeLoans will help you definitely. For more details visit www.maicohomeloans.com

Category : GEneral Business: Finance

Rubber Stamps ? Advice to help choose the right product for you

2008-04-06T08:00:00.001-07:00

Author : Seymour Brown

Rubber Stamps ? Advice to help choose the right product for youMany of you may have used rubber stamps before either while crafting or in the office. Rubber stamps are pieces of rubber that can be carved and molded into an image or pattern. The rubber can be mounted onto a stable block and then the ink is coated onto the design and then pressed onto some sort of fabric or paper so the colored image is transferred. There are three basic types of stamps. These are listed below;1) Regular Rubber StampsThese are the basic kind that are used with a separate ink pad. They are easy to get hold of and cheap to buy. However they may be messy if not used properly. This type is ideal for crafters since you can own a variety of designs to decorate almost anything. However, these stamps are also perfect for office workers. The stamp does not need to be replaced only the inkpad when it runs out, which is another advantage.2) Self-inking StampsThese are mechanical stampers with an internal stamp pad attached. The stamp hits the internal inkpad using a swivel action between each use. The advantages of this type of stamp is that they are quick and easy to use making multiple stamping a breeze perfect for anyone working in an office where stamps are used on a regular basis. These are re-inkable and very reasonably priced. However, when the inkpad runs out you will need to buy the whole stamp. Brand names that you may have heard of include Ideal, Trodat, or Cosco.3) Pre-inked StampsThis type of stamp has dye impregnated onto the design. These pre-inked stamps can be split into three types. These are polymer gel pre-inks, the latest in technology flash stamps, and the laser engraved vulcanized rubber stamps. These types of stamps are a lot more expensive but are ideal for offices that use the same stamp over and over again, since they are durable and long lasting, cheap to re-ink, and made to the highest quality. Stamping is considered to be a fantastic hobby where people can collect different designs while others enjoy the designs they can make with the stamps. These decorative stamps can be used on letters, greetings cards, banners, and other similar things to add that personalized touch. The techniques involved in the art of rubberstamping are varied and you can find whole websites devoted to this subject. In fact there are even clubs that you can join so you can get together with others to make things and share techniques and even their stamps!Nicky Whatmore writes for http://www.rubberstamps1.com and has been stamping for many years. Nicky Whatmore writes for http://www.rubberstamps1.com and has been stamping for many years.

Category : General Lifestyle: Pastimes

Network Marketing Success- MLM Success Law of Resistance in MLM Recruiting

2008-04-05T13:00:00.001-07:00

Author : Doug Firebaugh

by Doug Firebaugh MLM Success Muscles. There is a Law of Success called the Law of Resistance. And it says that there is no success without resistance to build your "Success Muscles." Resistance is everything in fitness training. There must be resistance on the muscles in order to build and develop them to the size and shape you want. The resistance or opposing force on your muscles, forces them to work in a manner that will create new opportunities for them to grow, enlarge, and expand due to the pressure exerted on them. The body sends the right nutrients and muscle building material to create and solidify the growth. And the growth becomes a result of the opposing force on the muscle, and it's neccessity to become stronger and bigger due to the resistance it has experienced. INFERNO Secret: It is the same in MLM Recruiting. There is NO Success in Network Marketing recruiting without having resistance, and you will never grow in your skillset if you don't encounter the word 'NO' and negative responses. When you do, your brain can send you 'Muscle building nutrients' to build your resolve, determination, focus, and skillset. What happens when you hear the word NO is simple. Most people take it as a negative and look at it as you have done something wrong. (Subconscious thinking) It's part of being human, and how most of us were programmed growing up. No meant "Don't do that!" But what you may not be aware of is that certain Success Forces were put into motion in you and your business with the word "No" that you can either work for you -- or against you. It's called 'Resistance.' The word NO, or Opposing Force in your recruiting attempt stretched you a little in your mind and emotions and forced you to react in some manner. You decide how you respond, positive or negative. Your choice. But the moment that you look at negatives or resistance as BUILDING YOU AND YOUR MLM BUSINESS and an integral part of it, you will have tapped into the Success Power of the Opposing Force in MLM. And you will get better, simply from the mental/emotional resistance that FORCES you to grow and expand who you are. As you grow, so goes your business and recruiting. Network Marketing Success Growth. The more resistance you receive, you will get: 1) Better at neutralizing objections. 2) Better at staying emotionally motivated. 3) Better at doing riveting presentations. 4) Better at building energy in you and people. 5) Better at finding the RIGHT people. 6) Better at handling the pressure and resistance of the word NO. 7) Building your confidence to do this business. 8) Building Your Focus. And if all of the above happens, you will need to open yourself a NEW bank account. And there will be NO resistance on your part to do that I am sure. (smile) Simply, Resistance builds your "MLM Recruiting Success Muscles." And they are built One 'NO' or Negative Comment at a Time. Without it, you never will obtain the Emotional Strength, Recruiting Mastery, and Success that you seek. Here are some Success Mucle Builders: 'I wouldn't be interested." 'This is a pyramid." 'I don't have the time." "I have seen these before,. and they do not work." "I cannot afford to join." "I am not a salesperson." "No, this would be anything that I would want to do." And any other negative opposing comment has tremendous value to your future in MLM. Each time you hear them, and the resistance happens, you are building you a little more on the INSIDE to make it easier to work this business on them OUTSIDE. The Last MLM Word. Remember -- the last word in resistance is "stance." Take a 'mental stance' that all negatives in MLM are building you and your business. And how does that help? Like sore muscles, it may hurt for a little bit at first. But once those 'MLM Recruiting Muscles' are built, and THEY WILL BE. Then, You will be the 'Schwarznegger' of Network Marketing Recruiting! blessings...doug PassionFire Intl (c) 2005/ all rights reserved http://www.passionfire.com http://www.passionfire.com/pf_heat_8.html

Doug Firebaugh is one of the top MLM Network Marketing Trainers in the world. Over a million people a monthread his training ezine. He spent the last 7 years traveling the world speaking and training on Success.He lives in Birmingham Michigan, and you can receive aFREE subscription to his training ezine- The MLMSuccess HEAT- at:http://www.passionfire.com/pf_heat_4.htmlhttp://www.passionfire.com

Category : General Marketing

Erectile Dysfunction

2008-04-03T12:00:00.001-07:00

Author : Robert Baird
There is another place in the Caribbean that I have spent a lot of time in. Today it is called Belize and it was a favorite hangout of the pirates. One of its special attractions is the chili plant that produces the hottest chili in the world. The same conditions in the soil also bring us root juices that would have been used by Tantra or other sexual ritual practitioners in places like Josephineâ™s Virgin (Yes like the Virgin Mary, who was no virgin.) Islands. I can easily imagine Ambergris Caye had a production center of this juice. I know this is one of the few places (Just two.) where the Merovingians have an ashram. These are the Essenes and the local legends there tell us Jesus (Yeshua) came to the Mayan lands and I think his last words reported in the Bible make more sense translated through Mayan.We are inundated with nonsense about Erectile Dysfunction today. Some authors negate the importance of psychology and few address the creative aspects of Tantra. Of course, you can be sure; I think the Merovingian drug or pharmaceutical complex is involved in keeping secrets. This is a link that mentions Ambergris Caye which is near San Pedro and the Essene location - http://www.ambergriscaye.com/pages/medicine4.html and ambergris brought back by whalers may be connected. They love to make stories up that keep the secret and build mystery.âœREJUVENATION HERBS FOR OLDER PEOPLE SUFFERING FROM HEART PROBLEMS, BLOOD FLOW AND ERECTILE DYSFUNCTION. ANCIENT MAYA ROOTS - USED FOR THOUSANDS OF YEARS.The root juice sold in Belize is concocted from Coclemeca and Gangweo in combination. The supply is limited and seems to be left over plants around Mayan ceremonial centers from long ago. Since the plants require 35 years to grow, the source is estimated sufficient only for about 500 people.â (5)Author of Divere Druids
Columnist for The ES Press Magazine
World-Mysteries.comguest 'expert'
Category : Aviation

Cheap Tickets and Discount Airfare.

2008-04-01T11:00:00.001-07:00

Author : Mike Yeager

Finding the best deals for cheap tickets and discount airfare has just become easier. In the past, if you wanted to find cheap tickets and discount airfares you had to contact a travel agent and explain where and when you wanted to go. They would do some research and eventually get back to you with a deal. Well, not anymore!Today you can seek out and find cheap tickets and discount airfares, just by entering a few words into a computer right from your own home. Are you looking for the best deals around? Well, in a few minutes you can find a plane ticket that will take you anywhere you want to go. You can search out the Cheapest, most Discounted airfare originating from anywhere and going to anywhere...literally in the world.You choose your destination, you choose your schedule, you choose which ticket price suits YOU best and when you're finished, you complete the transaction, right from the comfort of your own home. Cheap tickets and discount airfare, it can't get any easier than that!The best Cheap Tickets and Discount Airfares resource you'll find. When shopping online for cheap tickets and discount airfares, be sure to compare prices with flight departure times and schedules. Seasonal variations can affect travel prices and flight schedules. You'll find that searching for and purchasing a plane ticket online is easy and fun. Mike YeagerPublisher<a href="http://www.a1-travel-4u.com/" target=new>http://www.a1-travel-4u.com/</a><a href="mailto:mjy610@hotmail.com">mjy610@hotmail.com</a>

Category : General Publishing

The Tulip Bulb Mania - Extraordinary Popular Delusions And The Madness Of Crowds

2008-04-01T00:00:00.001-07:00

Author : Roger Sorensen
"Sober nations have all at once become desperate gamblers, and risked almost their existence upon the turn of a piece of paper. To trace the history of the most prominent of these delusions is the object of the present pages. Men, it has been well said, think in herds; it will be seen that they go mad in herds, while they only recover their senses slowly, and one by one." --Charles MacKay, 1841Have you heard about the speculative tulip bulb craze that gripped seventeenth-century Holland? The peak of the mania saw a single tulip bulb selling for the equivalent of $150,000 or it might have been $1,500,000, depending on which historian is doing the talking. This story is true, it really happened, and it could happen again.In 1559 Conrad Gestner brought the first tulip bulbs from Constantinople to Holland and Germany, and people fell in love with them. In very short order tulip bulbs became a status symbol for the wealthy â" they were very beautiful and difficult to get.Early buyers were people who truly prized the lovely flowers, but it wasn't long before speculators got invovled and many buyers were merely in for the money. They created trading activity, and eventually tulip bulbs were placed onto the local market exchanges. By 1634, the demand to own tulips had spread from the wealthy class into the middle classes of Dutch society. Merchants and shopkeepers began to vie with one and another for single tulip bulbs.How bad was it? It was so bad... it was so bad that at the height of the tulip bulb bubble in 1635, a single tulip bulb was sold for the following items:â¢ four tons of wheat
â¢ eight tons of rye
â¢ one bed
â¢ four oxen
â¢ eight pigs
â¢ 12 sheep
â¢ one suit of clothes
â¢ two casks of wine
â¢ four tons of beer
â¢ two tons of butter
â¢ 1,000 pounds of cheese
â¢ one silver drinking cup.The present day value of all these items comes to nearly $40,000! For a single tulip bulb we don't even know the color of. Things became so bizarre that people were selling everything they owned â" their homes, their livestock, everything â" to buy single bulbs on the expectation that the bulbs would continue to grow in value.By 1636, tulips were established on the Amsterdam stock exchange to accomodate the speculators and gamblers who had become the primary purchasers of tulip bulbs.Tulip notaries and clerks were appointed to record transactions, and public laws and regulations were developed to control the craze. Late in 1636, a few tulip owners began to liquidate their holdings. At first prices began to weaken slowely, then more rapidly as confidence was destroyed. By then panic seized the market.Within six weeks, tulip prices crashed by 90%. Defaults on contracts and liens on owners were widespread and the Dutch government refused to interfere. Instead, it simply advised tulip holders to agree among themselves on some plan to stabilize prices and restore public confidence. Eventually assembled deputies in Amsterdam declared null and void all contracts that were made at the height of the mania, these were the ones made prior to November 1636. Tulip contracts made after November 1636 were settled if buyers paid merely 10% of the prices to which they had earlier agreed.Tulip prices continued to fall. Next, the provincial council in the Hague was asked to invent some measure to stabilize tulip prices and public credit. Tulip prices continued to fal. In Amsterdam, judges regarded tulip contracts as gambling activities and court rules held that gambling debts were not debts in the eyes of the law. No court in Holland would enforce payment. Tulip collectors, speculators, and gamblers who had tulips at the time of the collapse were left with ruinous losses.Tulip prices soon plunged past the present equivalent of a dollar each. Is it possible for you to imagine buying an investment for $76,000, only to discover six weeks later that it was worth no more than one dollar? Commerce in Holland suffered a severe shock it did not recover from for many years.Now I know you are thinking "What kind of fool would possibly get caught up in that?â I understand, weâ™re talking TULIPS here â" not food, shelter, clothing, or firearms! TULIPS! What could cause people to lose such control of their senses?I believe the answer is greed. Instead of building the value of their portfolios carefully and with understanding, they went for the quick buck. As long as it looked like the sky was the limit, nobody wanted to accept the fact that they were buying very expensive tulip bulbs.Do you think people are too smart to fall for this kind of speculative risk today? Do you remember the Internet Craze of the late 90's? Otherwise how about these great investment words: Beanie Baby.Roger SorensenAmerica's Financial Guide can be found at ==>http://www.Slave2Work.com Subscribe to Money Basics via http://www.slave2work.com/ezine.htmlSlave2Work.com - Are you ready for financial freedom?
Category : Games

3 Most Expensive Home Refinance Mistakes

2008-03-31T11:00:00.000-07:00

Author : L. Sampson
Refinancing your home can give you extra cash to make home improvements, pay bills, etc. A home refinance can also give you a lower interest rate or get you out of trouble if you have fallen behind on your payments. However, getting a home refinance loan is serious business, and should not be taken lightly. Below is a list of the three most common, and most expensive, home refinance mistakes. Do everything you can to avoid making these errors.Mistake One: High Rate RefinancingYou should carefully consider the interest rate when refinancing. If your new interest rate is no lower than the current rate that you pay, refinancing may not be a good idea. Unless it is absolutely unavoidable, you should not refinance your home at a high interest rate.Mistake Two: Borrowing Too MuchBorrowing too much money is a common home refinance mistake. No matter how much money you borrow, you will have to pay it back. Consider this carefully before you decide to refinance your home. Remember, if you get a large loan and cannot make the large payments, you could be putting your home at risk.Mistake Three: Forgetting About Closing CostsWhen you refinance your home, you will have to pay closing costs. The amount that you pay will depend upon your financial lender, but expect to pay hundreds or even thousands of dollars upon closing. If you are unwilling to do this, or if you are unable to come up with the money, you may want to forget about refinancing and get a home equity loan instead. Home equity loans do not have closing costs.Go to http://www.refinancesmarts.com for more Home Mortgage Refinancing Tips.
Category : Finance:Mortgage-Refinance

Free Online Advertising: 10 Dynamic Secrets To Make Your Ad Stand Out And Ignite Sales

2008-03-31T02:00:00.001-07:00

Author : I-key Benney
No matter what youâ™re marketing or promoting, if your
Ad doesnâ™t stand out, no one will notice
and read it.If it stands out, it will get attention and youâ™ll
generate sales.What are the tricks to make an Ad stand out?Let me reveal some of these free online advertising secrets
to you:1. Place colorful graphs, pie charts and other charts
in your ad copy. Use charts that will grab a persons
eye and also support your product claims.2. Highlight buying incentives like free bonuses and
money back guarantees. You could place them in
boxes or in front of a different colored background.3. Use short sentences or sentence fragments in the
body of your ad copy. A short burst of words can
catch a skimmers eye with one quick glance.4. Highlight all the important keywords and phrases
in your ad copy. You could use bolding, underlining
and color to highlight the important words.5. Place attention grabbing pictures above and within
your ad copy. A powerful technique is to use before
and after pictures of people using your product.6. Use a headline that catches the attention of your
target audience. One of the most effective ways is
to use a free offer as your headline.7. Make your ad's keywords and phrases standout
by enlarging the text. This technique works wonders
with headlines and sub headlines.8. Make your products list of benefits and features
stand out by using a symbol in front of each of them.
The symbol could be a dash, solid circle, star, etc.9. Use sub headlines to break up your ad copy and
to capture a skimmers eye. You could make them
even more powerful by highlighting them with color.10. Use attention grabbing adjectives to describe
your product. For example sizzling, incredible, high
power, ultramodern, killer, eye popping, etc.May these free online advertising secrets help you
to make a lot of money.Warmly,I-key Benney, CEOI-key, a Millionaire CEO from New York City is the creator of "Mscsrrr: Millionaire Secret Cash System",(Day trading) which has helped thousands of ordinary people from all over the world to attain financial security and shining success during the past 2 yrs.Mscsrrr Millionaire Cash System helps you to generate $1,500+/Week for life, from home or office, part time or full time. No large investment or hassles. Win $1000-$2000 free âœcashâ.
Category : Gambling & Casinos

New Company To Offers Services to Wholesalers, Chains, and Low Price Cigarette Manufactureers

2008-03-29T01:00:00.001-07:00

Author :

Two veterans of the tobacco industry have partnered to form a brokerage firm for discount cigarettes and related products. The company, Discount Tobacco Services (DTS), will act as a go-between for manufacturers, wholesalers and chains.DTS is headquarted in Pittsburgh, Pennsylvania and will be servicing wholesalers, manufacturers and chains in the northeastern and southeastern United States. Manufacturers often cant, or chose not to, hire a full-time sales force. At the same time, chains and wholesalers would like to have a contact for their 4th tier product. We are addressing both of these needs by representing the manufacturer and serving as a contact for the chains and wholesalers, said Ed Murry, partner.Murry and partner Jeff Doehring have a combined 30 years experience in the tobacco industry, with both Philip Morris USA and Liggett Vector Brands, with proficiency at wholesale and chain sales and service. Through needs analysis and general conversations with manufacturers, wholesalers and chains, DTS will help to find the best possible match and then work as facilitators to ensure smooth and long term relationships. DTS will also serve as troubleshooters for manufacturers, wholesalers and chains.For more information on DTS, view the website at <a href="http://www.DTServices.net" title="test" target="_blank">www.DTServices.net</a>. You may contact Ed Murry at 724-518-4883 or e-mail protected from spam bots, or Jeff Doehring at 412-657-1772 or e-mail protected from spam bots.

Category : Press Releases

FBI Never Sleeps

2008-03-28T18:00:00.001-07:00

Author : Betty Jo Sheley

The FBI indicates 3.7% rise in violent crimes throughout the USA during the first six months of 2006 in their 'Preliminary Semiannual Uniform Crime Report' (www.fbi.gov/publications.htm). This data, categorized by city's of 100,000 and over in population, can be a valuable tool to law enforcement agency partners in their prevention of violent crime, murder, forcible rape, robbery, aggravated assault, property crime, burglary, larceny, motor vehicle theft and arson. The FBI's investigations delve into every aspect of citizen health care including, but not limited to, false billings, psychiatric and acute care, supply company products, durable medical equipment, pharmacies and laboratories, internet and black market drug sales, etc. Health Care Fraud can potentially cause unnecessary illness or death as a result of fake prescriptions/tests and create substantial losses to Medicare, Medicaid and health care insurers. The FBI's 'Financial Crimes Section,' in partnership with 200+ Governmental Agencies, Task Forces, private industries and the SEC, investigates 24/7 to uncover falsification of Corporate asset information, money laundering, deceptive accounting entries, bogus hedge and inside trades, self-dealing tax violations, etc. From October 2001 through 2006 the Corporate Fraud Task force has pursued and "obtained 2,962 indictments/information's, 2,569 convictions and restitution totaling over $14.9 billion related to Corporate and Securities Fraud." Even while we sleep, FBI Agents and task forces within departments too numerous to name here are working to fulfill their commitment to solve and resolve crimes which impact the lives of USA citizens and the financial well being of the nation. Law enforcement agencies attributing to this thorough 'Preliminary Semiannual Uniform Crime Report' issued by Robert S. Mueller III, Director, Federal Bureau of Investigation, are listed below:Advisory: Criminal Justice Information Systems Committee, International Association of Chiefs of Police; Criminal Justice Information Services Committee, National Sheriffs' Association; Criminal Justice Information Services Advisory Policy Board Betty Jo Sheley, http://www.showlinehomesecurity.com Owner Security Products website for Home and Personal Protection. Author participated in Mayoral Conflict Resolution Institute, Community Think Tank Studies. Advise Author of article reprint including my link.

Category : General Government: Law Enforcement

Obtaining Self-Confidence

2008-03-28T04:00:00.001-07:00

Author : Shamus Brown
A reader recently askedÂ me the following:
"I enjoyed the information you provided on your website, however you never mentioned how important Self-Confidence is in a sale. I have been told that I am an excellent sales person, however I lack the self-confidence to close the sale. Self Confidence is not easy to 'obtain' therefore for those us with this problem, we can never be successful in sales."
Self-confidence is a very important in sales. It seems to be one of those areas that people believe "you just have it, or you don't." Many people think that you are either a natural, are born talented, or you are incapable. My belief is that whatever one person can do, another person can do (what a person WILL do is another issue). I also believe that what humans have yet to accomplish, can be realized through ingenuity and persistence.
I want to discuss how one comes into a state of self- confidence. To do this, I am going to focus in on a couple of important pieces of what DG said. I think it would be useful before I do that though to define what self- confidence is. Obviously it is a feeling. A feeling of being able to do something. A feeling that one can accomplish what one sets out to do.
Reading my dictionary, I noted the following two definitions of self-confidence:

The state of being certain,
Trust or faith in one's abilities.
So when DG says "I lack the self-confidence to close the sale", what is she really saying? She is really saying that she is not certain, or that she lacks trust or faith.
Certainty in my experience is a state of being that comes about when one knows exactly what it going to happen. One can get to this state by one of two ways. The way most of us are familiar with is by doing something enough times until we know exactly what results we will get when we take certain actions. For some people in some situations, this can produce a lot of fear. The fear stops one from taking action.
The solution to the fear is in DG's statement that "self- confidence is not easy to 'obtain'". DG is correct, self- confidence cannot be obtained. One has to have trust or faith that one is capable. This is the short answer on how to get self-confidence.
The more detailed answer goes back to self-confidence being about a state of certainty. The way to create a state of certainty without first doing what one is unsure of is to create the results in advance.
Now that may sound kind of weird. How do you create results in advance? Easy. You do it in your mind using your imagination. Essentially, what you want to do is envision your desired goal or outcome, and then detail out a specific plan of exactly how you will get there.
You want a plan so specific that you answer "yes" to this question:
"If I take all these actions, will I get my outcome?"
Keep making your plan more specific until you can answer this question. When you can, you will suddenly realize that you have certainty that you will accomplish your goal. And when you have certainty about the future or your abilities, you can have trust and faith in the results.
Many people are loath to plan out their future. Others do so, but only part-way. One of the most limiting beliefs one can have is that detailed planning is only for anally retentive people. Go all the way and plan in detail until you can answer the simple but important question above.
To speed up the planning, copy someone who is already successful. You can find some of this information in books. You can interview and follow around the most successful sales rep that you can find. You can get a mentor, buy tapes, take classes. The information is out there. Because if someone has done it, then so can anyone else.
Once you find the right people to copy, find out what they believe about themselves and their success. Adopt their beliefs or pretend that you believe the same thing. Do this until you become the success that you want to be. Pretend for long enough, and you'll also discover that you are no longer pretending - you actually believe the same things that successful people do because you are one of them.
Â© 1999-2004 Shamus Brown, All Rights Reserved.Shamus Brown is a Professional Sales Coach and former high-tech sales pro who began his career selling for IBM. Shamus has written more than 50 articles on selling and is the creator of the popular Persuasive Selling Skills CD Audio Program. You can read more of Shamus Brown's sales tips at http://Sales-Tips.industrialEGO.com/ and you can learn more about his persuasive sales skills training at http://www.Persuasive-Sales-Skills.com/
Category : Public Relations

Hobby Metal Craft Skills; What Exactly Are They?

2008-03-27T20:00:00.000-07:00

Author : Colin Croucher
Have you ever watched a metal craftsman in action such as a
Blacksmith at a country fair... most people watch in awe as the
Blacksmith carefully heats a piece of iron in a charcoal forge
before placing it on the anvil and then proceed to hammer it into all kinds of unique shapes, it all looks pretty simple doesn't it...and the Blacksmith would probably tell you that it's not that difficult to hammer & shape things from red hot metal simply because it is quite fluid.He's right you know, generally all it takes to work with metal is
a small amount of knowledge & instruction, and some solid
practice, and before too long even a novice will be producing
good quality metal craft items.But there is a lot more to metal craft than just blacksmith work.While you can't deny that blacksmithing is a lot of fun, and a
skilful worker can make many practical and ornamental items.
With a little practice you could also produce beautiful iron
work, simply by using basic skills & equipment.In the early days the blacksmith was one of the most sought
after "skilled" workers in the village.But you know, you can take the art of blacksmithing another
step. You could use the forge to melt metals.What if you created a small charcoal fired furnace using your
existing forge, it wouldn't take much work to build up a simple
circle of bricks on the forge hearth to form a deep bed of charcoal so that you could produce a bed of red-hot glowing coals which will produce a large amount of heat.
Enough to heat and melt aluminium... maybe even bronze.Of course a crucible is required to place the scrap metal or ingots in for melting purposes,and the crucible needs to be buried in the bed of coals so the heat of the charcoal will do its work for you.All you need to do now is to apply a gentle blast of air from the
forge bellows to begin building the heat in the charcoal, and the
crucible with the scrap aluminium, or home made ingots will quickly melt in the crucible.Most hobby workers use a small electric motor attached to a blower to produce the correct amount of air blast, but for the moment, the manual operation of the forge bellows will suffice.High quality hardwood grade charcoal will produce a high amount of heat, in fact you'll notice with the added heat the alloy ingots will soon start to melt, and once that happens the pool of metal in the bottom of the crucible rapidly promotes the total melt.Once the metal has all melted, it is ready to pour into a sand mould. The idea is to prepare your sand moulds well before the metal has melted, so that everything is set up and ready to go.
Once the methods & techniques are learnt, the whole process is quite easy and straight forward.Any practical minded person could do it.We have many people visit our web site: www.myhomefoundry.com

looking for information about metal casting... lots of people around the globe are involved in metal casting, it can become quite addictive which is not surprising, when you realize all of the things that you can make.For the home engineer, inventor & project builder, hobby metal casting could be just the thing, if you want to create your own special castings at almost zero cost, i.e. once your mini foundry is established.If you take your time to build all of your equipment properly, it should last you for many years.To find out more about hobby metal casting and how you can employ
the methods & techniques to build & create your unique projects,
visit our web site to download a free ebook to begin your understanding of this intriguing metal craft.Col Croucher
Australia.
http://www.myhomefoundry.com

ezineArticles expert Author.
Helpfull, practical, down to earth information
for the novice & advanced metal caster.
Australia.
Category : Domains

Echinacea And The Common Cold

2008-03-26T22:00:00.001-07:00

Author : Rebecca Prescott

Every year, as the winter months approach, we go out and spend million on various concoctions to ward off the dreaded common cold. In recent years, the most popular of these has been Echinacea, a natural substance that we are told will reduce the likelihood of us catching our cold, and will relieve our symptoms if we do catch one.The idea of using a natural form of cold relief is very appealing, particularly for parents looking for a mild, organic remedy for young children; an age group particularly susceptible to colds. And the science behind Echinacea? We are told it boosts the immune system and increases production of white blood cells which fight foreign bodies such as viruses in our bodies. But does Echinacea really work? Are those that take regular supplements of this substance any less likely to catch a cold than the rest of us, and will they have milder symptoms when they do? Research has proved inconclusive on these questions, but some studies do seem to indicate that the benefits of Echinacea are far less than we are led to believe. According to these studies, echinacea doesn't seem to have any preventative properties, as those who take this regularly are just as likely to develop the common cold when exposed to the virus. When Echinacea is taken after a cold has developed, it may decrease the duration of the illness by a couple of days, and possibly also reduce the severity of symptoms such as headaches, sore noses. A relatively large dose is needed, however, to achieve these effects, and symptoms such as coughs and swollen lymph glands are unaffected.In children, some research shows that Echinacea doesn't have any noticeable effect at all, even when taken in large doses after the symptoms of a common cold become apparent. In fact, some children develop an allergic reaction, such as a rash, when given large doses of Echinacea, so you should probably avoid this completely. So is the idea that Echinacea could cure the common cold a complete myth? The answer is not that simple.The problem with the studies that have been roundly critical of echinacea is that they do not use a standardized extract of echinacea in a dose that is considered to be therapeutic. If you take a drastically weakened concentration of any regular drug and administer it at doses that are significantly less than therapeutic, you are not going to achieve clinical results. It also allows you to make claims about needing a 'huge dose' to achieve clinical benefits. The reality is that clinical benefits do occur when the dose is concentrated at the appropriate level. Only when scientists start comparing apples with apples will there be meaningful results on herbal medicine such as echinacea. Vitamin C is another popular supplement used to beat symptoms of the common cold. Learn more about the different types of vitamin C available here.

Category : General Medical: Infectious Diseases

Positive Experiences Come Back 10 Fold

2008-03-26T08:00:00.000-07:00

Author : Anthony Moore
How many times have you needed to call for a service such as carpet cleaning? Mechanic service? How about a more serious issue such as a flood service?Did you find that looking through the phone book just doesnâ™t give enough info and searching online pops up to many unreliable, irrelevant leads? Either way, I personally find it hard at times to find quality, fast reliable service.For instance, I thought word of mouth was the best way to get what I am looking for. So I talked to a friend when my car broke down. âœSureâ she said, I know just the place. After agreeing to pay a ridiculous price for a fast turn around, I thought money talks, right? Not in this case, 2 weeks later my car is still in the shop and the price has doubled.Well after explaining that I found the part myself for half the price they were charging, I would just have it towed to my location to fix it myself. I am quite handy and knew how to fix the problem, but I was going to pay so that I would not be under the hood when I needed to be out working. Trouble is I work from that vehicle and after 2 weeks you can get pretty hungry with no income.After the manager found out that I was taking my vehicle, they cut the price in half and I agreed to let them try again. We will see how that turns out. The point that I would like to make is that I see it all to often. I see companies take on more work than they can handle or put the same person on the back burner over and over again. I am a victim of that and it feels terrible. Do you think I will send them any biz?When I started my company Moore Services in 1997, I knew that word of mouth is the most respected advertisement and I wanted just that, a respected name that my customers could count on. From the first day of business, and even now my goal is to build a solid customer base of repeat satisfied customers. Now I have pride knowing that I still have many of my first customers all because of situations that had a negative impact on me. What I mean by that is, I knew I didnâ™t like to be ripped off or taken advantage of and I sure donâ™t want a single one of my customers to feel that way either.Sometimes you just need a fast response and hope for the best after making one phone call. I spend each day making sure that all of my customers feel that calling me is in fact that one call they can trust time and again with out a doubt if they need me. If you or a friend run a company, remind yourself of the frustrations you deal with and turn the situation around to make positive impressions and experiences for your customers. They will thank you 10 fold I promise. Try to confront every frustration as a new learning experience share a smile knowing that you would never do that to a friend or a customer.For every bad day you have, make someone elseâ™s day a good day by giving them a no hassle experience. Remember, it comes back 10 fold maybe even 20 if they have that many friends and relatives. From 1 to 10 to 100 to 1000. Now that is a lot of happy customers from just 1 happy customer. Just imagine if you gave that one person a negative experience.Anthony Moore
http://www.shampooit.com

Dallas Carpet Cleaning by Moore Services
Perfect record with the BBB
Category : Satellite TV

Stellar Customer Service in 10 Simple Steps

2008-03-26T03:00:00.001-07:00

Author : Debbie LaChusa
If you're like me, you've had plenty of experience with BAD customer service. Just think about the last time you had a bad experience with a product or a service.

Perhaps the product or service did not live up to the sales pitch. Maybe the company was unresponsive to your calls or emails. Maybe they did not do what they said they were going to do. Or they gave you the run-around when you called to report a problem or ask a question.

If you think about it, all of these negative experiences boil down to one thing, a lack of customer service. And a lack of customer service usually stems from a lack of customer focus. It seems many businesses have simply lost sight of who they are really in business to serve.

Instead of the old saying, "the customer is always right," many businesses seem almost bothered by customers these days. In fact, I'll let you in on a little secret from my early ad agency days. We used to have a saying, "this business would be great, if it wasn't for the clients."

How ridiculous is that?! We wouldn't have had a job if it weren't for the clients (I'm older and wiser now!). Yes, sometimes clients can be difficult, but they are the reason we are in business. Our job is to serve them. If they are upset, we should welcome the opportunity to find out why, and use that information to improve our product or service.

Yes, sometimes you'll run into some yahoo who is being totally unreasonable and you just have to deal with it. But very often, client complaints uncover a problem or something we can improve upon.

So make it a point to really listen to your customers. Make a commitment to treat all your customers well. After all, giving great customer services is one of the best and cheapest marketing tools available. When you treat your customers well, or even better, when you deliver beyond their expectations, you will be rewarded.

Those happy clients are the same clients who will happily refer you. The opposite is also true. If you disappoint a client, or don't deliver what you promise, or you just plain treat them badly, they will likely tell everyone they know how horrible you are. In fact, those disgruntled clients are more likely to talk about you than your happy clients. Unfortunately, that's just the way it usually works.

The good news is, it's not hard to give great customer service. You simply have to be aware and make it a priority. Following are 10 tips to help you offer stellar customer service.

(1) Be accessible

Your customers should be able to get a hold of you, or someone in your company, if they have a question or if they need service. Provide multiple ways for your customers to get in contact with you, such as email, phone, mail or fax.

(2) Respond in a timely manner

Make it your policy to return all phone calls or emails within 24 hours. And, if you cannot commit to that, then determine what timeframe you can manage and let your customers know upfront they can expect to hear back from you within that amount of time.

(3) Listen to your customers

Often when a customer calls or writes to complain, they just want to be heard. In fact, sometimes, just listening is all you need to do. Take the time to listen to what your customers have to say before you start responding or defending your product or service. They may just have a point.

(4) Treat your customers with respect

Even if the customer on the other end of the phone is acting irrationally, or being rude, don't lower yourself to their level by reciprocating. Treat everyone with respect and you will be respected in return. Plus, you never know when someone's just having a bad day, and they happen to be taking it out on you (we've all done it).

(5) Don't argue with your customers

You can never win an argument with a customer. Because if you do win, you've more than likely alienated the customer and you've lost their business. We all know the customer isn't really always right, but instead of focusing on what went wrong and defending yourself, focus on how you can solve the problem or fix the situation.

(6) Honor your commitments

If you say you will answer emails, then answer them. If you offer a guarantee, then honor it. Nothing spoils a customer relationship faster than being promised something and not getting it.

I got a nice email last week from a client that made me realize just how important this is. Here's what he wrote:

"Many thanks for your prompt and comprehensive reply. Your personal interest, caring and enthusiasm is clearly apparent. Most company owners invite you to respond and promise to reply personally, they seldom do so ..."

Yes, it took me some time to respond to his email. But I promise email support to all clients who purchase my 10stepmarketing System and therefore it is important to honor that commitment. If I ever get to the point I can no longer respond due to the volume of requests or other time commitments, I will stop offering this service, not just stop responding.

(7) Do what you say

If you say you're going to call someone on Tuesday, call them on Tuesday. It's as simple as that. If you want your customers to trust and believe you, you have to follow through and do what you say.

(8) Focus on making customer relationships, not sales

The long-term success of your business rests on your ability to make long-term customer relationships. If you sacrifice relationships to make short-term sales, your business will be short-lived.

(9) Be honest

Don't exaggerate the results your product or service will provide. Don't promise things you cannot deliver just to make a sale. I see hype all over the web these days; everything is a quick fix or a silver bullet. It suckers people into buying the product, and then the product doesn't deliver. Think that customer is ever going to make another purchase from that business? Not likely. Be honest and direct about what your products and services can deliver.

(10) Admit when you make a mistake

No one's perfect. We all make mistakes; it's part of learning. So when you do make a mistake, don't try to cover it up or deny it. Just admit it and if necessary, do something to make the situation right. Your customers will appreciate it and they'll be more likely to stay customers.

So how does your customer service measure up? Are you practicing these 10 steps and offering stellar customer service? If not, I challenge you to take your service up a notch. Approach it like Ken Blanchard and instead of just being satisfied with happy customers, create "Raving Fans" (a great little book if you haven't read it).

Commit to putting these 10 tips into practice. Get to know your customers. Make them the focus of your business. It's one of the keys to marketing success and best of all, it doesn't cost very much!

Overview Of Evaporative Air Coolers

2008-03-24T20:00:00.001-07:00

Author : Andrew Caxton

If you ask an older relative if they have heard of an evaporative cooler, they may say no. But chances are they would recognize the idea behind the technology. Before air conditioning or other cooler types existed, people would sleep outside on a screened in porch to try to stay cool at night. They would often hang damp sheets over the screens in an attempt to cool the air. As the hot air passed through the sheet, it was cooled. And then the cool air would slowly circulate, relieving some of the heat for the sleepers. The same idea exists today in the form of evaporative coolers. These machines are wonderful cooling mechanisms for people who live in hot, dry climates. They are also known by the name swamp coolers, but that can be misleading because they actually won’t work at all in swampy, humid conditions. The name probably came from the way that evaporative coolers actually add humidity to the air. But in fact, evaporative coolers need dry, hot air to work because in order for the air to be cooled, it has to be able to pick up (evaporate) some of the water. If the air is already saturated, it won’t pick up any more water and it won’t be cooled. Here’s how evaporative coolers work; the machine is composed of a fan that pulls the hot dry air inside the cooler, where it is passed through damp pads. The pads are kept damp by a pump that circulates water through the machine. As the dry air picks up some of the water, its temperature drops, sometimes by as much as 30 degrees Fahrenheit, depending on the climate. The cooler air is then blown into the room. An added bonus of an evaporative cooler is that the pads that cool the air also filter it. As the air passes through the pads, dirt, dust, allergens and other pollutants are captured in the fibers of the pads. So you’ll be breathing cleaner, cooler air. If you’re wondering why you should choose an evaporative cooler over a traditional air conditioner, there’s one more reason we haven’t covered yet. The cost to run an evaporative cooler can be as little as 1/10 the amount it costs to run an air conditioner. In fact, some community power companies in hot, dry climates will actually offer residents a rebate if they install an evaporative cooler because they recognize the effective, efficient cooling capabilities of the technology. Contact your local power company to see if they offer the rebates and ask if they have any information on the effectiveness of a personal evaporative cooler in your area. A.Caxton adds regularly reviews on air coolers to evaporative air coolers guide . An online information magazine about the basics of how evaporative air coolers work and some of the advantages of the technology for a good home air conditioning. At Andrew's site you can find interesting and helpful articles on these home appliances and how to choose your personal air cooler

Category : Home Furnishings

Relax With Aromatherapy Massage Oils

2008-03-24T16:00:00.001-07:00

Author : Bryan Josling

After a hectic day at work, your husband complains of every part of his body aching with pain. Will a good nights sleep refresh him for the next hectic day? Not necessarily. With a similar schedule each day, he is adding to his pain, which within time will transform into a fatal disease. You being a caring wife, will you want this chain of events to continue? If no, then aromatherapy massage oils are for you.Aromatherapy massage oils will go a long way in giving the much-needed relief to a person after a long day at work. Massage is both physically and emotionally stimulating for the body. When the massage is supplemented with essential oils, the person gains from the synergistic influences of a calm mind and a radiant skin.Aromatherapy massage oils may be used in two ways. Inhale the massage oil vapours, which refresh your mind too. Alternatively, apply it to the skin. This method ensures that the massage oils are directly absorbed by the body from where they reach the blood stream. This has impact on one's health and skin. After a massage with aromatherapy massage oils, one actually feels splendid. These oils have been known to have special therapeutic qualities. This finds them large-scale use in healing common diseases like cold, flu, pain in the muscles, headache etc.For the purpose of massage, people often mix more than one essential oil to give the desired effect. The most common of these is the lavender, clary sage and lemon blend. It is known as the stress blend. The essential oils in concentrated form can be dangerous for use. Therefore, aromatherapy massage oils are mixed with carrier oils before applying it on the body. Similarly, one can prepare an aphrodisiac blend with essential oils of sandalwood and jasmine. Just have an idea of what purpose the aromatherapy massage oils will be used for and go on with the blending.Aromatherapy massage oils are used largely in spas and physical and mental healing centres. Trained masseurs will help you in relieving stress and give you an ecstatic feeling. If you want, you can also get massaged in your home. Massaging your loved one with fragrant aromatherapy massage oils is the best way to convey the concern for him or her. Aromatherapy massage is also recommended for the infants to give them a glossy skin and strong bones.Aromatherapy massage oils work wonders with your skin and provide mental calmness. It is also used as a cure from several diseases. Bryan Josling is working with the Horticultural Research Station in Adelaide. He has also been involved with research on plants. To find Aromatherapy essential oils,Aromatherapy Candles,essential oils wholesale visit http://www.ndaroma.com

Category : General Government

Make Money While you Sleep

2008-03-24T14:00:00.001-07:00

Author : Troy Dudenhoefer

There is absolutely nothing more exciting than making money while you are sleeping. As soon as I open my eyes I get excited and jump out of bed. I make some coffee and log onto my affiliate accounts to see how much I money I made. Affiliate marketing is for real, and it isnt difficult to do even if you dont even know where to start. There is a ton of information out there, so just start searches for affiliate marketing and you will figure it out in no time. Whether you promote other peoples products or create your own to promote, you can make money while lying in your bed snoozing away. If you really want to get going, create your own product to promote. Create an ebook and let other affiliates promote it for you. You can write an ebook about absolutely anything. Do a little research on a subject, gathering as much information as possible, and then write about it. You will have done the leg work and compiled all the information. For your services you will be charging a fee for your ebook. Then for a commission you can let affiliates promote your ebook while you go to sleep and make money! Making money while you sleep can improve your life on almost every level. With a little ambition and some creative thinking you will be making money while you sleep in no time. The truth is you can make money on the internet 24 hours a day 7 days a week. The internet doesnt close down on weekends or holidays. There are millions of people up somewhere in the world surfing the internet while you sleep. Even on Christmas, and everyday is like Christmas when you make money while you are sleeping. Troy is the author of http://www. FreeMoneyMakingEbook.com and writes ebooks for fun and profit. He is also the author of "How to make $65-95,000 dollars driving a truck...and be home everyday" http://richtruckdriver.com

Category : General Affiliate Programs

Saltwater Fly Fishing 101

2008-03-24T13:00:00.001-07:00

Author : Cameron Larsen

Fly fishing in itself can be intimidating for the uninitiated.
Watching a fly fisher while holding a spin rod can feel
humbling. The whole world of fly fishing looks complicated,
daunting, unfriendly and expensive. But is also alluring, and
sooner or later if you like to fish, you may very well take the
plunge, and begin to learn. To experiment, and hopefully to
catch a fish., And before long you might begin to think of
yourself as a fly angler. Gain confidence, skill and knowledge.
Try new fly fishing experiences, and learn new techniques, flies
and buy even more gear. And on and on it goes, as learning about
fly fishing is a non-ending path.

Well, let's go one step further shall we? Saltwater fly fishing is the epitome of
everything said in the previous paragraph and more. Even for the
season fly fishing trout angler, saltwater fly fishing looks
like an impossible task, to say the least. For one thing the
ocean is well huge, enormous, and might as well be unending.
Even the most competent caster can only cover a ridiculously
minute portion of the area why would one even bother. When
scanning a river or lake, one can have an educated guess about
where the fish will lie. But the ocean? Where they can be
anywhere can't they, and then you have the whole business of the
tide to learn. It isn't seasonal, it is daily. And then we have
the myriad of flies to learn about all over again. It took years
to learn about trout flies, and it is still ongoing, one must
really start all over again?? Ugh!

Yes it is daunting, but remember when you first learned about
fly fishing in general. Or frankly any new hobby or topic. It is
all daunting at first. Learning is daunting, but becomes easier,
as the new area of interest is unveiled slowly. A little
knowledge to start, to hang later more detailed knowledge on is
the most crucial. So let's start with just a little knowledge.

If you are in an area where saltwater fly fishing is well
practiced, you are in an easier position to obtain such
knowledge, by asking fly shop owners, and fly fisher's, and by
observation you can begin to get a feel for what it is all
about. But much of the world's saltwater fly fishing
opportunities are virtually unexplored.

So let's see what we can do to break this down. Like fishing
lakes and big rivers, you have only look at the territory you
can actually cover with your fly rod. And pretty much ignore the
rest. For saltwater fly fishing that territory is the 60 feet or
so next to shore. The easiest way to explore this area is by
foot at low tide, when you can actually see the underwater
terrain. You can first invest in a chart or survey map, to help
you narrow down areas that might have rocky outcroppings leading
into deeper pools or channels. If you have loads of free time,
this can become an enjoyable activity of exploration all in
itself. Look for activity of fish, and habitats that might hold
fish and their food. One nice thing here, is that fish are fish
are fish, and they all require the same thing. Security, food,
places to lie, if you know how to read habitat in rivers or
lakes you can easily adapt that skill to oceans, and bays.

Once you have your spots located, you will also need some
gear,. If you have some 8 wt gear or larger, you can least begin
to get your feet wet. As for flies, well start with the basics,
the classics, Deceiver's, Clouser's, will give you the best
opportunity to catch a fish. And you have begun to add that
crucial beginning of knowledge onto which you will hang new
knowledge as you become more versed in this field of fly
fishing. Be sure and check future editions of Big Y Fly Fishing
Ezine for more in depth articles.

Category : Boating

Overachieving Your Way to Super Affiliate Stardom

2008-03-24T07:00:00.001-07:00

Author : Vincent Teoh

4th, 2007

Vitamin Supplements, Do We Need Them?

2008-03-24T01:00:00.001-07:00

Author : hamoon

We live in a health conscious generation where vitamins and nutrition have become important topics. Through news, books, advertisements we are being educated as to why need to use vitamins. Itâ™s great to see our generation become more aware of our health, but: Do We need take vitamins?
Much research has been done on the actual benefit of vitamin supplements. A recent study has found further evidence that through the intake of multivitamins men and women are able to lower their chance for heart attack. Our every day diets have proven to not provide the right amount of all the needed nutrients for our bodies.
Vitamin deficiencies and malnutrition can lead to all types of different diseases. A lack of Vitamin C can lead to scurvy. You will notice many different symptoms if you have a vitamin deficiencies. Symptoms can include: tiredness, irritability, and muscle cramps. I would recommend visiting a doctor if you notice any of these symptoms on an ongoing basis.
You can see how important Vitamins are in our every day lives. With this being said I would recommend eating healthy, and taking a multivitamin every day to help compliment your diet.

About the author:

Hamoon Arbabi For more information about Multivitamins, Proteins, Antioxidants and Ceatines go to : http://homebusiness.nexuswebs.net/multivitamin.htm

Category : Health

E-Newsletters ... Golden Egg Or White Elephant?

2008-03-24T00:00:00.001-07:00

Author : Olga B

If you're like most of us, each week you receive dozens of e-newsletters, e-zin>

Solving Difficult Design Engineering Challenges with High-End CAD Presentation by Design Visionaries at the Bay Area CDI - CAD Event

2008-03-23T21:00:00.001-07:00

Author :

Design Visionaries, Inc., provider of top quality mechanical engineering and CAD services, invites you to the presentation entitled Solving Difficult Design Engineering Challenges with High-End CAD. The presentation will be held at 6:00pm on March 23rd, 2005 at the Bay Area CDI-CAD Event, hosted by DeAnza College, Cupertino. In his presentation, President Stephen Samuel will demonstrate how Unigraphics, if used well, can quickly and effectively deal with Design Engineering Challenges. UGNX is high-end software that is very easy to use and is a great benefit to Design Engineering., says Samuel. There are certain modeling techniques that are uniquely UGNX that enable rapid product design engineering. Through several interesting industry examples, this speech will detail many of these techniques. Moreover, Stephen will share some experiences that will illustrate the day to day joy of design engineering in general. Stephen will also introduce Design Visionaries brand new book, Practical Unigraphics NX3 Modeling, Drafting, and Assemblies, the only book in the world that teaches how to use UG NX3 to perform difficult design jobs. With over a 100 years of combined Unigraphics experience, the Design Visionaries team members have become experts at applying Unigraphics-based computer aided design to many of the most difficult design engineering challenges available. Through the engineering consulting projects that have been entrusted to Design Visionaries, the team has worked in the fields of aerospace, medical, automotive, industrial, and consumer products to mention a few. The worlds top design firms, who are enabled improvement of all phases of their design process after graduation from our UG courses, continue to choose Design Visionaries as a Unigraphics mentor for their engineers. Bay Area CDI CAD Program and CAD-Engineering Job Fair is a complimentary event hosted by DeAnza College in Cupertino from 5pm 8pm on March 23rd at the Campus Center. We advise that you bring 8 quarters for parking. Please refer to the following maps for specific location: Campus Map <a href="http://www.deanza.fhda.edu/map/" target="_blank">http://www.deanza.fhda.edu/map/</a> Campus Center Map <a href="http://www.deanza.fhda.edu/map/main_quad.html" target="_blank">http://www.deanza.fhda.edu/map/main_quad.html</a> For more information about Design Visionaries, Inc. presentation please contact us at (408) 997-6323 or visit us at <a href="http://www.designviz.com" title="test" target="_blank">www.designviz.com</a> .Press Contact: Vera Belenky, Marketing ManagerOffice: (408) 997-6323Mobile (408) 910-3915E-mail: e-mail protected from spam bots

Category : Motivational

7 Simple Steps To Discipline For The Home-Based Business Owner

2008-03-23T18:00:00.000-07:00

Author : Laurie Hayes

e">February 16th, 2007Download as HTML e">February 16th, 2007

?They Should Have Beat Me More? - The Cycle of Physical Abuse

2008-03-23T16:00:00.001-07:00

Author : Margaret Paul, Ph.D.

In December, 2005, I conducted a two-day workshop with men who had recently been released from prison for domestic violence. With the men were their wives, as well as the father of a batterer who was still in prison.The father, Douglas, sat in front of me, sharing his childhood experiences. ?My momma was a very loving woman ? a big-hearted, hard working loving woman,? he told me. From my many years of counseling, I knew that my definition of love and his definition of love were likely very different.?Did she ever beat you?? I asked. ?Oh yeah. She beat me all the time. My daddy beat my momma and my momma beat me. But she beat me because I was bad. I was really bad. Maybe if she had beat me more, I wouldn?t have been so bad.??What did she beat you with???Anything she could get her hands on. Extension cords, wooden spoons. Often I had to go into the yard and pick out the switch.??How did you feel when you knew you were going to get a beating???Oh, I was terrified. I?d beg and plead and promise not to do again whatever it was she was mad at. But that never worked. I always got the beating. Then after the beating she would tell me that she loved me, that it was for my own good, and that it hurt her more than it hurt me.??And how were you bad???Well, sometimes I?d come in late, and sometimes I would talk back. Then I got into alcohol and drugs at a very early age. Maybe if she had beat me more, I wouldn?t have done the alcohol and drugs.??Why do you think you did the alcohol and drugs???I was just hurtin? too much. It took me outta all the pain for awhile.??What was the pain???I don?t know. I was just hurtin? a lot.??Do you think it is possible that you were hurting because the woman who was supposed to protect you was instead hurting you? That she was confusing you by telling you she loved you while she was beating and terrifying you? That there was no one to turn to for safety and nurturing? That you were scared much of the time for fear of the beatings? That you were terribly lonely and could not turn to your parents because they were the ones causing the pain??Silence???Then he looked at me in shock. As the light bulb when on in his mind, the tears started rolling down his weathered cheeks. Soon he was sobbing. ?That?s right?That?s right?.The beatings were the problem. More beatings would not have helped. And I beat my children thinking it was the right thing to do, and now my son is in prison for beating his wife and protective services want to take away their daughter. And I almost hit her the other day when she didn?t mind me. I?m so glad I didn?t. This has to stop! This has to stop!?I looked around the room. Everyone was in tears. Kathy, the wife of one of the batterers, spoke up, sobbing.?I?ve always hit my kids, and no matter what anyone told me about it not being good, it never made sense to me. This is the first time I understand why it?s not a good or loving way to discipline my kids. And I can see why I?m having so many problems with my older son and why he is on drugs. He has always been furious with me and I had no idea why. Now I understand. I need to learn a new way to discipline. I?m going to take a parenting class and start reading parenting books.?I hugged Douglas for the profound work he did, and for the effect his work was having on everyone in the room. I thanked God for giving me the privilege of working with these people. All of them, it turned out, had been severely beaten as children. I am deeply grateful to James Beard who conducts workshops within the prison with batterers and to Lindsay Wagner, who also works with these men and their families. Both of them were assisting me at this workshop. We all smiled at each other in deep gratitude for the healing that was taking place. About The AuthorMargaret Paul, Ph.D. is the best-selling author and co-author of eight books, including "Do I Have To Give Up Me To Be Loved By You?" and ?Healing Your Aloneness.? She is the co-creator of the powerful Inner Bonding healing process. Learn Inner Bonding now! Visit her web site for a FREE Inner Bonding course: http://www.innerbonding.com or email her at mailto:margaret@innerbonding.com. Phone Sessions Available.

Category : Parenting

What to Get a New Baby

2008-03-23T14:00:00.001-07:00

Author : Steve Dolan

Baby GiftsHaving a baby is an amazing experience for the new parents, but at the same time it can be hard to cope with. You can help make life a little bit easier for the happy parents by giving them a baby gift that assists the transition from couple to family. It's easy to buy something cute for a baby, but there are also many helpful and practical gifts that will really make a difference. You'll also know that your gift will get used plenty of times, rather than admired and then shoved in a cupboard.One great gift you can give is a baby monitor. These clever devices monitor the sounds made by baby while sleeping, so that mom or dad can get on with other things that need to be done and can immediately hear when baby wakes up. They're also useful at night, because you'll know very quickly when baby is awake and wanting to be fed. New parents tend to worry a lot about their baby's health, so why not give them something to assist them? Digital baby thermometers are simple to use and much less intrusive than the old fashioned thermometers. You can buy thermometers that take the temperature orally, from the skin, or in the ear. Great for reassuring a nervous parent that baby is fine, but also for indicating when a visit to the doctor might be required.If you'd still like to buy something cute and fun, then check out the range of crib items. There are heaps of great ideas available, including toys that attach to the inside of the crib and use music and lights to help lull baby to sleep. Perhaps you could choose a mechanical mobile with cute decorations for amusing baby. Look at the Lamaze range of baby toys, designed to be fun and interesting for baby, while stimulating various senses at the same time. Great for development.You can also choose baby blankets, sheets, towels, washcloths and a whole lot more, all available in a wide variety of styles and colors. Look for cute but practical clothing, including sleepwear, onesies, socks, jackets and t-shirts. Always test out the clothes to make sure they're easy to put on and take off again, and that it's easy to access the diaper for a quick change, without having to completely undress the baby. If the new parents need some more expensive baby items, why not join together with some other friends to buy a bigger baby gift. This is a great way to give parents items like strollers, cribs, car seats, or playpens. You can either organize to purchase the item yourself, or give the new parents a gift certificate to cover the cost and let them choose their own. Another useful gift is diapers. Either buy plenty to keep the parents going for a while, or if they like cloth diapers, organize a diaper service. They'll take away the dirty diapers once a week, wash them, and then bring them back again. Any new parents will love you for that gift!Baby gifts are a wonderful way to get the new family started in their life together, and you can do a lot to help that process. Don't waste your money and something cute that will never even get taken out of the box. Try to combine practical and fun, and the new parents will thank you for it - over and over again. Selecting the appropriate baby gift can be a challenge. Mary Amos is a mother and has a multitude of neices and nephews. Click Baby Gifts for some great ideas.

Category : Baby

Piece of Mind During Pregnancy - It is Possible with Babysheart

2008-03-23T11:00:00.000-07:00

Author : Elizabeth Williams
After four years of marriage my husband and I started to plan for our family. Unfortunately we ran into some fertility issues because of my endometriosis. We eventually went to a specialist and were able to conceive after 2 years of trying to have our first child. Unfortunately I had an early miscarriage, and it left me very emotional. We decided to try again as soon as medically possible and conceived again. This time I was so anxious because of the miscarriage. I would count the days to my next ob visit just to hear the heartbeat.Everything turned out fine and we had a beautiful baby girl. My second pregnancy came very quickly after my daughter was born, because we didnâ™t want to risk the endometriosis causing problems again. Much to our surprise we conceived quickly and everything went well during that pregnancy. Again, I was very anxious during this pregnancy because I had to wait until my OB appointment to hear my babyâ™s heartbeat. I looked everywhere for a device I could use at home but the only one I could find was a unit that was poorly engineered. I could never get it to work, all I heard was static, never a clear heartbeat.After my second little girl was born, we decided to try for a third time. I just love children! This did not go as well. We were able to conceive but I had another early miscarriage. So we tried again, another miscarriage, and a third time, the same thing, an early miscarriage. At this point I wasnâ™t sure I wanted to go through this again, so we waited a year.We decided to try one more time. We conceived, but I was so concerned about having another miscarriage, that I found myself going to the OB every other week just to check the heartbeat. That is when I did some research, and I told myself, I didnâ™t care what it cost, there has to be a listening device for home use that was better than what I found before. Also you canâ™t use some of these devices until your 20th week.After more research and consulting with my Father-In-Law, who happens to be a Physician, I finally found a device that worked. I obtained my Doppler and picked up the heartbeat right away. I could also hear the movements and kicks of the baby. Being able to identify the heartbeat and movements right around my 10th week was so reassuring to me and my husband. It also allowed him to bond with the baby.After everything I went through trying to find this technology years ago, my husband and I both felt like this kind of product would be a huge benefit to women. After monthâ™s of research and preparation - Babyâ™s Heart is our answer to addressing this need.We are so excited about other parents being able to enjoy the increased sense of calm, peace of mind and enjoyment that we found during my last preganacy. We also wanted to build a business that truly helps pregnant women and their families.http://www.babysheart.com
Category : Innovation

Propertycasting - The Commercial Application of Podcasting for the Real Esate Industry

2008-03-23T08:00:00.001-07:00

Author : Ryan Hoback
Propertycasting is the commercial application of podcasting for the real estate industry. Propertycasting involves the distribution and publishing of audio and video feeds, that offer real estate information delivered over the Internet, for on demand listening.This is a new step in the evolution of on-demand real-esate information delivery, making it accessible, informative, useful and appealing. This mix presents the real estate industry with a very unique opportunity to reach its target audiences through this new medium. Those individuals, who are already seeking real estate information actively, will use RSS subscription technology built into each podcast feed, to receive information immediately as it is updated by the real estate firm. With one click of a button, a user can subscribe to a feed that may be interesting, and any related information that is ever updated to that feed will be automatically processed to their personal aggregator. An aggregator is able to subscribe to a feed, check for new content at user-determined intervals, and retrieve the content.To take this process one step further, podcasting publishes each feed with the capability to be transferred to any portable audio or video device. So with the growth of the ipod and all the other portable media devices, you have the ability to grab propertycasts and place them on your portable player for listening or viewing. Most users attach their portable players to their computers daily or weekly, and once the player is attached they automatically receive the new propertycast updates.Here is a sample of a propertycast:
http://whatiwantpodcasting.com/pods/video/PropertyCast_Large_Windows.wmvThe flexibility of this medium is what will drive the growth of propertycasting tremendously over the next few years. Currently the most useful application for real estate organizations worldwide, is complimenting already existing real estate web pages with audio and video feeds. These propertycasts detail important notices and information that may be prudent, along with a quick marketing pitch from a broker. These can be used for seasonal marketing activities, special events, or monthly updates.For years and years, associates and brokers have been sending out property listing updates. These propertycasts can be inserted into your existing listing pages. Most firms have numerous web pages which deliver real estate information in text and pic format. By providing an audio or video link on that page it gives the user a different and much more effective format for receiving the information. This is also a great way to teach your existing users how to start utilizing propertycasting services.The popularity of portable on demand information will grow even greater as wireless internet services continue to flourish across the country. These portable devices will no longer have to be connected to the internet; they will receive information wirelessly as it is updated. In addition, as cell phones and portable devices continue to merge together, the market grows larger.For firms that have thousands of employees or brokers, the distribution of company information is very important, and once again this offers each institution a method of on-demand delivery which is convenient to all.There are numerous uses for propertycasting currently, and over the next few years it will explode in popularity. It is beneficial to institutions as well as the consumer, and it will be seen as a great tool in any real estate organizationsâ™ operations.Ryan Hoback is CEO of What I Want Podcasting.They specialize in developing podcasts & nanocasts for a wide range of industries. Their development team guides each client through the process of creating podcasts that incorporate brand integration and deliver the target message through a positive visual & listening experience.http://www.WhatIWantPodcasting.cominfo@WhatIWantPodcasting.com
Category : Jewelry

The Hottest Trend in Dating: Speed Dating !

2008-03-23T05:00:00.001-07:00

Author : Amit Laufer

Let?s start by explaining what is it exactly Speed Dating. This can be arranged individually or by an organization as a Speed Dating Party with many people. The principle is the same, You participate in a fast round of short (few minutes per date) but with as many as 25 partners per session. This Fast Dating method is quiet efficient and rewarding alike.Usually in few minutes, sometimes only three minutes you get to see your potential date, get a short impression from his/her looks, voice, accent, dress, self confidence and self esteem, few background information, enough for you and for them to make a go, no go quick decision which you can discreetly mark on a small card according to their tag identification Number.Usually these speed dating sessions are taken place at a cool fun bars. Arranged with tables for two, ready for these multi mini dates sessions. Each participant is seated in front of his date and when the host is blowing the whistle it is the signal it is time to move on to the next date. It goes on and on until you finish all your mini dates.When you get home, you input the codes names of the partners you liked into the online dating system, you get a second chance to see their pictures and refresh your memory. After each participant inputted his selections the system makes the final matching of the preferences of all participants. Hopefully, at the end of this computerized process you get a list of potential dates you liked and like wise were interested in you.Now, it?s up to you to send an email to a partner and set a real quality date. This time there is no stress as you both acknowledged your mutual attraction for each other.It?s no wonder this method is a hit as it has some notable advantages over some other ways to meet people, like blind dates and pick-up bars. Just imagine, you arrive to a blind date with high hopes only to discover in as little as 15 seconds you are not attracted at all to the date partner. Since you are such a good hearted boy and you don?t want to disappoint your date you go out together to a movie and spend some more time and money in a caf? when you know it has no future what so ever. Not only that, think about it, you would have spent that time and money 25 times! About The AuthorAmit Laufer is a writer and an Internet Marketer. MBA & Bsc. Computers and Information Systems. Owner Editor of: http://www.dates-i-love.com/This Resource Box must be included with your copy of the Article

Category : Relationship

Dodging Leasing's Grim Reaper: Navigating a Payment Default

2008-03-23T02:00:00.001-07:00

Author : George Parker
In her third Harry Potter novel, 'The Prisoner of Azkaban', J.K. Rowling introduces a silent mysterious clan of spiny, cloaked creatures capable of siphoning off happiness and all good thoughts from anyone in their presence. Extended exposure to these scabby grim reapers, called Dementors, resulted in madness or death for even the most joyful individuals. In the world of equipment leasing, the closest things to Dementors are lessors who lose confidence in defaulting lessees. If your firm faces imminent payment default, there are several actions you can take to improve your chances of navigating this unfortunate situation.As in most situations that can spin out of control, effective communication between lessee and lessor is extremely important. At the start of the lease, you are primarily concerned with obtaining flexible, cost effective equipment financing. The lessor?s primarily objective is to originate a profitable lease transaction. Once a payment default is in the offing, the primary concerns of both parties change. You now focus on taking actions to guarantee survival, while the lessor seeks protection and recovery of the lease investment. That being said, it is very important that you appreciate the lessor?s concerns when you are planning a recovery and when communicating with the lessor.As a first step, you should notify the lessor when a payment default seems unavoidable. No one wants to be blindsided by an unexplained delinquency as the first indication of a problem. Most lessors will appreciate your forthright candor in alerting them. Be prepared to give an explanation of the cause of the payment problem, a detailed account of your company?s financial condition, and your plan to correct the situation. If you are able to generate financial projections, they will prove helpful in convincing the lessor to allow you to execute your recovery plan.Try to stay in compliance with all other terms and conditions of the lease. Most lessors will appreciate your diligence in adhering to the other lease provisions, especially those requiring periodic financial information. Frequent updates will give the lessor confidence that you are cooperating and working with him.If appropriate, propose a rent reduction in an amount and for a term that will give you an opportunity to recover. Remember, the lessor is primarily interested in how the lease will be repaid and how he will realize the benefit of the bargain negotiated at the outset of the lease. Secondly, he is concerned about his collateral position. Now that a problem has surfaced, he will want protection from a loss on the transaction if your company fails or if equipment repossession becomes necessary. Offer cash flow projections to show how your firm will recover and when you will be able to resume making full rent payments.If possible, be prepared to offer credit enhancements and an increase in the lease rate to entice the lessor to accommodate you. Credit enhancements are intended to make the lessor feel more secure that he will recover his investment. You may offer additional collateral, a personal guarantee, a pledge of stock or other securities as credit enhancements. To compensate the lessor for the added risk of the defaulted transaction offer a rate adjustment. A rate adjustment might be accomplished by extending the lease term, stepping up the rental after resuming payments, or issuing warrants to purchase stock in your firm.If you can?t determine the likely duration of the default, you should request a relatively short period of lower payments until you can better evaluated the situation. Be prepared to negotiate the length of the period, the amount of the reduced payments and credit enhancements.If the default looks hopelessly incurable, you may proceed in number of ways. You can: 1) offer to return the equipment to the lessor and pay the lease balance over an extended time; 2) offer to find a suitable sublease arrangement for the equipment; or 3) see whether the lessor will allow you to keep the equipment and make reduced payments on a month to month basis until you or the lessor can re-market the equipment. If all else fails in working out an acceptable solution with the lessor, it may be time for you to get a skilled attorney involved.If you are able to reach a mutually acceptable solution, some lessors might require a formal forbearance agreement covering the new understanding. These agreements can take the form of an informal letter of understanding or an extensive legal agreement. The agreement form may depend on the size of the transaction and the preference of the lessor. Most lessors ultimately expect to be compensated for forbearing via a one-time forbearance charge, penalty rental payments or other means. Also, expect to reimburse the lessor for any legal expenses incurred to document a forbearance arrangement.Most lessors don?t want to take legal action or cause customers hardships that will interfere with recovering their lease investment. This preference is weighted against the prospect of realizing a larger eventual loss by allowing the customer to retain the equipment. It is usually more advantageous for lessors to work with customers if the situation seems salvageable. The less desirable alternative is to go through an expensive and lengthy legal process to foreclose on the lease and attempt to repossess the equipment. Many large lessors have individuals in-house that specialize in managing ?work out? transactions. These specialists usually have had experience with many lessee payment defaults. Their mandate is to get the quickest recapture of the lease investment possible, subject to protecting the investment. If it becomes clear at any time that the lessor plans to take legal action against your firm rather than try to work with you to realize a mutually acceptable solution, get a skilled attorney involved. The attorney can provide you with your legal alternatives and may be able to assist you in negotiating with the lessor.When your company?s fortunes take a turn for the worst and you have to modify payment terms with your leasing company and other creditors, don?t panic. This is the time to redouble your efforts and to draw up plans to remedy the situation. Early aggressive actions by you to develop solutions will pay great dividends. Make every effort to create and propose plans mutually acceptable to all parties. However, always be prepared seek legal help should grim reapers or Dementors show up at your door.George Parker is a Director and Executive Vice President of Leasing Technologies International, Inc. ('LTI'), responsible for LTI?s marketing and financing efforts. A co-founder of LTI, Mr. Parker has been involved in secured lending and equipment financing for over twenty years. Mr. Parker is an industry leader, frequent panelist and author of several articles pertaining to equipment financing.Headquartered in Wilton, CT, LTI is a leasing firm specializing nationally in direct equipment financing and vendor leasing programs for emerging growth and later-stage, venture capital backed companies. More information about LTI is available at: http://www.ltileasing.com.
Category : Hardware

Create A Web Site

2008-03-23T01:00:00.001-07:00

Author : Peter Emerson

Creating a web site is one of the easiest ways to get information across to a wide target audience. If you are aiming for a professional web site, it is always better to register your own domain name rather than opt for a free web site that might not exist in a few months time. This way you can control the content of your web site, expand it when you need to, guarantee its longevity and ensure that it is listed in popular search engines. There are two basic steps involved in creating a web site and getting it up and running. The first is to register a domain (or dot com) name, and the second is to sign up with a web host.A domain name is the address of your site. For example: www.yoursite.com. Choosing a domain name is crucial, since the basic idea is to attract as much traffic to your web site as possible. Register your name with a company that offers the option of privacy and provides continuous customer support. Domain names can be registered for a year or more, and registrations could range from $16 a year to as little as $10 for 10 years. Try not to register lengthy or complicated domain names that cannot be easily recalled. Its a good idea to register multiple extensions to the same name (.com, .info, .org, etc.) to prevent others from copying or registering similar names. If you are going to rely on search engines for traffic, use major keywords in your domain name instead of your company name. Once youve registered your domain name, choose a web host depending on the size and type of site you are planning to create, and transfer your domain name to it. A web host will provide you the necessary space to build your web pages, set up email accounts if required and make provisions for additional functionality such as order forms, chat rooms, etc. Once youve signed up with a web hosting company, you can start creating your web site. Many web hosts offer online tools for those unfamiliar with the HTML program required to write the pages. A hosting company will charge around $10 per month for an average web site.Remember, a good web site must be simple to use and navigate. Opt for the services of a web design company if you want that magnetic quality that attracts viewers like bees to a honey pot! Create A Web Site provides detailed information on Create A Web Site, Create A Free Web Site, Create Your Own Web Site, How To Create A Web Site and more. Create A Web Site is affliated with Affordable Web Design And Hosting Services.

Category : General Web Development

ATM Cards Mean Less Check Writing

2008-03-23T00:00:00.001-07:00

Author : Lance Winslow
There are currently some issues with currency flows and as the flow of money is sped up electronically there are fewer people writing checks, instead we are all using plastic credit cards or ATM cards, which is good for retailers and it speeds up the flow of money. This would be simulated as more money in the flow, yet the money in flow at all times is the same and maybe even less as we see it as it has flowed off shore to other countries and unfortunately also effecting their markets and causing serious inflation. Almost the peak before the fall, thinking of course of China.But on a micro-level we see here in the states writing less checks which speeds up the flow of money but also means less will be employed in check clearing houses where several thousand people work in every major US City.Fewer people writing checks? Yes, so they need less in check processing right?http://www.bizjournals.com/sanantonio/stories/2004/05/17/daily19.html?f=et77Any policy in the US dealing with the economy must take into consideration the artificial increased supply of money caused by simplistic plastic-electronic flows as they are one and the same in the eyes of the user of any currency. It feels the same and needs to be understood and calculated in with the process of judging the expansion or inflation of an economy.What things did you purchase today? Did you use actual cash for everything or did you use your ATM card? See what I mean? Think about it and report back to us your purchase percentages, Paper or Plastic?Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Category : Finance

Pricing Your Home When It's For Sale By Owner

2008-03-22T21:00:00.001-07:00

Author : Jan McBee
Pricing your home correctly is the most important part of selling it. If you price it too high, you'll lose buyers. Too low, and you'll lose money. To determine the right price, you must decide how soon you need to sell your home, and you'll need to research local housing prices.A word of caution: Many sellers make the common mistake of not setting their emotions aside and placing too high a value on the wonderful memories and joy the house has brought them. Don't make this mistake. Remember, a buyer is looking for the most house for the least amount of money. They'll add their own memories later.Deciding How Soon You Must Sell
First, decide how long you can wait to sell your home. If you need to sell it quickly, you'll set a lower asking price than if you have more time. Since you're selling your home without a real estate agent, you're not paying an average 6% commission, so you have a much greater degree of flexibility in pricing your home. If you need to sell quickly, you can price your home noticeably below the price of similar homes in your area to attract more buyers.Finding the Prices of Similar Homes
Once you've decided how much time you have to sell your home, you'll need to know the asking prices of houses similar to yours that are in your general area. Finding these homes can be done easily on the Internet by going to any search engine, like Google.com, and typing in "houses for sale" plus the name of your city or town.You'll see links to local and national real estate websites that show all types of houses, most of which are listed with real estate agents. Look through these websites for houses that are similar to yours and close to yours geographically. Compare the number of bedrooms, bathrooms and the house size. Other items to compare include acreage, setting, fixtures in the home such as lighting and appliances, and other amenities.Setting Your Price
Once you've come up with a list of similar houses, compare the prices and the features of each home, then estimate what your home could sell for. The longer your list, the easier this will be.Now remember, because the houses on most of these websites are listed with real estate agents, their prices reflect real estate commissions. This is something to take into consideration when you set the asking price for your home.Buyers know that because you're selling your house on your own, you're not paying a commission. In fact, they're choosing to buy For Sale by Owner because they believe they'll get a better deal. And they've done the same research you have. Consider pricing your home just below the price of a similar home that carries a real estate commission. If you need to sell your house quickly, price it even lower. Remember, you're not paying a commission, so you're still saving money. If you have more time, price your home a little higher and be prepared to wait longer.House Appraisal
Another method of pricing your home is using a local real estate appraiser. They will inspect your home and create a detailed report that includes comparables (houses similar to yours and in your area that sold recently). An appraiser's findings are certified, which gives you solid proof that your asking price is fair. Appraisers charge between $200 and $400.Pricing Summary
Your goal is to sell your house. To do this, your price should be fair and it should reflect the prices in your market area. By following the guidelines above, you should be able to get what you need for your home while at the same time attracting the greatest number of buyers. You can always change your asking, but it's wise to price your home fairly from the beginning.Jan McBee is the chief writer and research adviser for DwellWell.com.
Category : Finance:Real-Estate-FSBO

Latest Fishing Technology and Fishing Gears

2008-03-22T20:00:00.001-07:00

Author : Dylan Miles
Fish finderImagine you're sitting out there on your fishing boat, you whip out a cool gadget you just bought from the Internet and after a couple of beeps, the device tells you that there is a school of fish some 3 meters or so away from you. Now, how cool can that be? It's almost like an ultrasound scan of the sea or the lake that tells you exactly where the fish are.But of course, this is not news because many different companies have developed their own ultrasound-like fish finding gadgets a long time ago. But Maptech's new i3 module is the first of its kind. It's the first ever touch screen, hi-resolution 3D Fishfinger. Yes, you can literally see the kind of fish that's swimming around under your boat, in super clear images and in real time.The i3 Touch Screen command on the fishing gadget can help you navigate the floor of the lake or sea with a radar, combine it with satellite communication and a weather report too.This is an absolutely MUST for those who seriously looking into easy-fishing.Monofilament fishing linesThere's absolutely nothing worse than to have a fish on the hook and have the line snap! Well, no more snapping of fishing line with the latest development in monofilament fishing lines. Monofilament fishing lines come in a wide range of colors, sizes, thickness and strength. Although it's stronger than some of the other more conventional fishing lines, they are cheaper. Monofilament fishing lines comes with special coating that keeps them from snapping easily. The only thing is that they don't stretch as good as other types of fishing lines but they make up for it with their bulk and strength.Monofilament fishing lines are also quite transparent over the water and hold knots pretty well.Fashion is always cool tooSometimes, cool has nothing to do with technology. It's got more to do with the brain and 'creativity'. If your husband, brother, or father is a fishing fanatic, you can always get them fashionable fishing gear with extra pockets to place their scissors and hooks. Perhaps the water-proof raincoat with fluorescent streak for night fishing, perhaps. And how about the water-proof watch? That'll work perfectly. And how about an X-LOOP flash mirror polarized lens? Sunglasses for baking in the sun and raincoat for fishing in the rain are exceptionally cool gears we cannot ignore.Let's take the sunglasses as an example. The sunglasses not only remove the glare and improve the quality of what you see with your naked eye, you see the same scene in deep colors and contrasts. These sunglasses are developed specifically for fishing enthusiasts.Dylan Miles, journalist, and website builder, lives in Texas. He is the owner and co-editor of http://www.fishingcreek.info on which you will find a longer, more detailed version of this article.
Category : Recreation-and-Sports:Fishing

A new Web Marketing ROI Calculator - Part 1

2008-03-22T19:00:00.001-07:00

Author : Robin Nobles

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Fishing in the Outer Banks

2008-03-22T18:00:00.001-07:00

Author : Kathryn Lively
For the fishing enthusiast, one will be hard pressed to find a more relaxing locale than the Currituck Outer Banks to partake in your favorite activity. Pleasant, year-round weather, spacious beaches, and excellent locales up the coast allow for excellent fishing on charters, area piers, and even the shore. Grab your tackle box and your best spinning rods and spend the day in Currituck. Whether you take home just one drum or an entire cooler full of spot, a day of fishing in the Outer Banks beat a day at work.Where to Fish in the Outer BanksThe northern coast of the Outer Banks and Knotts Island offer many places for serene, comfortable fishing. Residents and visitors alike often congregate at the Coinjock Marina, where one can fish off the pier or charter a boat trip for some deep sea action. The Midway Marina & Motel, on the Intracoastal Waterway, offers a number of amenities for traveling fishermen, including Internet access and clean, comfortable rooms for extended stay. On Knotts Island, there Pearl's Bay Villa Marina & Resturant across the Currituck Sound from Carova Beach. There the fish are plentiful and the views especially breathtaking.Types of Fish in the Outer BanksMany associate the Chesapeake Bay area with crabbing, and indeed you may find a number of commercial trawlers on the sea when you head out to fish. Truth is, though, there are a variety of fish to be had in the Currituck Outer Banks. On a good day, one can catch bluefish, speckled trout, spot and puppy drum, as well as some croaker, black drum, flounder, and even small sharks. When the tides are right, pier fishermen may be able to catch some red drum, while striped bass is reported found near Oregon Inlet.Weather Conditions for the Outer BanksThe best thing about fishing in the Outer Banks is that it need not be limited to the warmer months. Truth be told, the warmth in this region stretches further through the year than in most areas, and during the off-season the beaches are not crowded. Fishermen can take advantage of the time before Spring Break for uninterrupted fishing.From March through November you may see lows in the 60s in the colder months, and highs into the 80s-90s at the peak of summer. Consequently, water temperature also varies, in the 50s during colder month, warming in the summer and staying relatively warm (as high as 70 degrees) as late as October.Whether you want to fish early in the year or in the heat of summer, the Outer Banks should be a must visit for all fishing enthusiasts.Kathryn Lively is a freelance writers whose travel articles appear on many websites, including VisitCurrituck.com, the official website of Currituck County Travel and Tourism.
Category : Recreation-and-Sports:Fishing

Don't Get Caught With Your Credit Down!

2008-03-22T17:05:00.001-07:00

Author : Diana Huntress

When you think about credit cards, credit card rewards and applying quickly and easily online, what do you think of first? Which aspects of credit cards (and their possible rewards), plus easy, online application are important, which are essential, and which ones can you take or leave? You be the judge.Have you ever heard or seen, "Your credit card has been declined?" I have, and it immediately gave me a sinking feeling of frustration and inadequacy (and I kind of got a little mad, too -- both at myself and at the company who declined my credit). Guard yourself from ever experiencing those feelings and being shut out of having what you want or need (maybe at a bargain), just because your credit card is maxed out or non-existent.It's probably happened to you before. You know, you're shopping on the internet and you come across an item that retails for much lower than in the stores. With free shipping included, the furniture you found online can be ordered today, shipped tomorrow, and at your front door by the weekend. You don't have to spend time (and your patience) fighting traffic to go to the mall, no searching for a parking space, and no lifting of a bulky box and trying to fit it into the back of your car. However, you may soon realize you have a very big problem: your credit card is maxed out or, even worse, you don't have a credit card.What can you do? Here's a simple solution: apply for a new credit card, one that you can begin using today. Now, you don't have to pass up that bargain. You can take control of the situation now, but I recommend you do it wisely, also. Why not get rewards for spending, too?Not only do you want to use the credit card ASAP, but you want one that offers great rates and rewards you for making purchases on your new card. You can find low introductory rates, free balance transfers, no annual fee, and a low fixed rate after the introductory period ends. Best of all, you can even find credit cards that offer cash back on purchases or rewards points redeemable for airline tickets, free hotel stays, a car rental, and so much more.You may think that, in order to get great benefits, you have to submit to high interest rates with "fly-by-night" banks. Not true. That's why I suggest you do a little research before choosing a credit card or cards. With just a little investigation, you can find what you're looking for with large, respectable and reputable companies.You may not consider everything you just read to be crucial information about credit cards. But don't be surprised if you find yourself recalling and using this very information in the next few days.Get instant information and compare rates and rewards online, then choose (from trusted providers), fill out a simple application and immediately receive the power of credit with the rewards that suit you. Select the card that works best with your lifestyle and reap the rewards of both accumulating points and getting what you want quickly.Now that wasn't hard at all, was it? And you've earned a wealth of knowledge, just from taking some time to study an expert's word on credit cards. Diana Huntress is a financial consultant and senior staff writer for http://www.creditcarddirectoryhome.com . She began writing articles about consumer credit issues in 2001. Check out: http://www.creditcarddirectoryhome.com to get answers to your questions and/or for an online application.

Category : GEneral Business: Finance

Hello

2008-03-22T17:03:00.001-07:00

Author : Royane Real

Hi there - I couldn't think of any other way to contact you.I just found your site at arcanaweb, and I have submitted a few things. I hope you like them.I read your editorial guidelines, and the reason I am writing to you is to tell you I am very impressed. I too am fed up with the amount of badly written garbage on the net.Royane

Category : Editing

Protecting Your Important Files

2008-03-09T01:00:00.001-08:00

Author : Ramona Creel
So, you've created the perfect filing system, you can put your hands on any piece of paper in 30 seconds or less, and your desk is in order. What happens if your house burns down tomorrow -- would all of your vital records go up in smoke? If you had to go into the hospital or (heaven forbid) died next week, would your loved ones be able to find what they need to manage your affairs? There is much more to organizing than just making sure everything has a home. You need to make sure your important paperwork is PROTECTED and easy to access in the case of an EMERGENCY.FIRE, FLOOD, OR TORNADOI first started thinking about the value of protecting important records when my sister's neighborhood was hit with an F5 tornado. The houses I had grown up around were decimated -- in some places, there was nothing left but the foundation. Fortunately, there were very few casualties, but I watched on the news as the community tried to put itself back together again. As I thought about all of the things these people had lost -- their homes, their cars, their personal possessions -- I realized how difficult it would be to REBUILD your life without paperwork. How long would it take you to file a claim with your insurance company, if you didn't know your policy number? How difficult would it be to handle your finances if your checks, bank statements, and credit card info was destroyed? How could you get the help you needed without birth certificates, social security cards, and other personal information?The goal here is not to be pessimistic, but PREPARED. You should keep a list of all your important numbers (bank account, credit card, insurance policies, social security) and contact information (addresses, phone numbers, and your contact person) for anything that you would need if disaster struck. You should also consider storing your vital records (birth certificates, wills, insurance policies) and your list someplace safe -- keeping copies in your everyday files for quick reference. Someplace safe means a safe deposit box, a locked drawer at your place of employment, your mother's house, or a fire safe in your closet. And it's also a good idea to leave copies of this information with your attorney and CPA -- the two professionals who will be most involved with your situation if you do face a major emergency.IF YOU HAVE TO FILE A CLAIMAnother important piece of paperwork to consider is your HOUSEHOLD INVENTORY. If your personal possessions are damaged or destroyed, the insurance company isn't just going to write you a check for the amount printed on your policy. They are going to ask you to ITEMIZE everything that you lost and ESTIMATE its value. If you had to, right now, could you make a list of everything that you own and how much it is worth? Probably not. And it would be even more difficult during a time of crisis when you aren't thinking straight. So the key is to create your list before you are put into that situation.You have several different options for creating a household inventory. The best choice is to walk around your house with a VIDEO CAMERA and record everything that you own. You are welcome to make comments about your belongings as you film -- "We bought that TV last year and it cost $600," or "Grandma Miller gave us that table; it was made in 1865." If you don't have a video camera, just take still SNAPSHOTS of each item. Then, you will need to estimate the year of purchase and the value at purchase of each piece. If you have the receipt, make a copy and clip it to your list. If an item is particularly valuable or an antique, you may wish to have an APPRAISAL done and include the appraisal with your list. Your household inventory should be stored with your other important papers -- but don't just stick it away and forget about it. You need to plan a time each year to update your list -- adding on any new items you have acquired since the last inventory.MAKING IT EASY ON YOUR HEIRSNo one likes to think about death, but it is a fact of life. Grief is hard enough to handle, without having to deal with confusion over the deceased's paperwork and final wishes. You can make things easier on your loved ones by getting your affairs in order now. Start by creating a DOCUMENT LOCATOR -- listing where all of your important papers are stored. And remember that safe deposit boxes are often sealed at death, so keep your funeral arrangements and wills somewhere more accessible. Your family will need to know the location of the following records:• legal (wills, powers of attorney, trust documents, special bequests, safe combination)• family (birth/adoption/guardian, social security, citizenship, marriage/divorce, military)• banking (trusts, loans, list of accounts, statements/cancelled checks, check/passbooks)• investments (CD, securities, stock/bond/mutual fund, retirement plan, IRA, annuities)• business (incorporation papers, contracts/agreements, computer back-up)• deeds/titles/registrations (title insurance, property, home inventory, vehicles)• insurance (life, other death benefits, property and casualty, health, homeowners, auto)• funeral instructions (burial instructions, cemetery plot deeds)• contacts (friends/relatives/business, attorney, CPA, insurance, broker, executor)Indicate the location of each -- at your residence, office, in a safe deposit box (and where the key is!), or with your attorney, accountant, or brokerage house. Be sure to include the address, direction, and any other important contact information.MEMORIES COUNT AS VITAL RECORDS TOOEverything we've talked about so far related to legal or financial records. But what about your memorabilia? It is just as devastating (if not more so) to lose years worth of photographs and love letters as it is to have your important files destroyed. But you can take some preventative measures to protect your beloved memories, as well. If you are computer savvy, think about scanning your photos and storing them on a CD-ROM (which you put in your fire safe or safe deposit box). If you don't have access to that kind of technology, at least store your negatives (clearly labeled and organized chronologically or categorically) away someplace safe. In either instance, you can always have your photos reprinted if you need to.You can do the same thing with physical objects as well. Take PHOTOS of your most beloved possessions, copy your favorite correspondence, and stash them all away in your fire safe. You might even consider getting a fire safe big enough to hold some of your original memorabilia. I purchased a fire safe that looks like a 2-drawer file cabinet -- the top drawer holds my photo albums and the bottom drawer is for important paperwork. Just remember that photos and negatives are more sensitive to heat than paper -- you will want a different grade of "fire proof" for these items.acing a personal crisis is stressful enough, without the headaches of dealing with lost paperwork and missing information. But by taking a proactive stance, and a few preventative measures, you can save yourself and your loved ones a great deal of pain -- make the recovery process a lot quicker and easier.Ramona Creel is a Professional Organizer and the founder of OnlineOrganizing.com -- offering "a world of organizing solutions!" Visit http://www.onlineorganizing.com for organizing products, free tips, a speakers bureau -- and even get a referral for a Professional Organizer near you. And if you are interested in becoming a Professional Organizer, we have all the tools you need to succeed. If you would like to reprint this article, please send in an e-mail request to ramona@onlineorganizing.com
Keyword : organize, paper, files, vital records, documents, disaster, emergency, will, insurance, estate

Contesting a Will or a Trust. Can it Be Done?

2008-03-09T00:31:00.001-08:00

Author : Phil Craig
First, we must ask, what is contesting a will or a trust? Basically, contesting a will or a trust means that you are challenging the validity of the will or trust document.It is similar to the flag that is thrown in a pro football game after a call by the referee.In this case, the will or trust is assumed valid by the probate court judge. You are throwing out the flag and contesting the validity of
the document in question.Contesting a will or trust usually rests on one or
two of the following factors: undue influence in executing the will
or trust, or that the person executing the will or trust lacked
mental capacity to execute the will or trust at the time it was
executed.What is undue influence in executing a will or trust?Here is the definition of undue influence:Undue Influence - Influence of another that destroys the freedom of a testator or donor and creates a ground for nullifying a will or invalidating a future gift. The exercise of undue influence is suggested by excessive insistence, superiority of will or mind, the relationship of the parties or pressure on the donor or testator by any other means to do what he is unable, practically, to refuse.So, if you can prove that the person who executed the will or trust was acting with undue influence, that is, was acting under pressure that was unable to refuse, you may have a basis to claim undue influence. This would give you one reason to contest a will or trust.The other method to contest a will or trust is that there was a lack of testamentary capacity.Testamentary capacity is the legal ability to make a will. In California,
for example, Probate Code Section 812 says, in part, that a person lacks the capacity to make a decision unless the person has the ability to commnicate verbally, or by any other means, the decision, and to understand and appreciate,
to the extent relevant, all of the following:(a) The rights, duties, and responsibilities created by, or
affected by the decision.(b) The probable consequences for the decision maker and, where
appropriate, the persons affected by the decision.(c) The significant risks, benefits, and reasonable alternatives
involved in the decision.So, here, to contest a will or trust due to lack or testamentary capacity, you would have to show all three elements.This is a tough case but is not impossible. In my early legal career, I was able to obtain a $1,000,000 plus settlement for a client using the above elements.You can find more information about wills or trusts: Click Here.Good luck and until next time,Phil CraigPhil Craig is a licensed attorney and entrepreneur.
He started practicing law at age 25 in 1979.
He does not take on any more clients, but is
advisor to some of the biggest names in the internet
world. He shares his knowledge gained over the
last 25 years at his Living Trust Secrets newsletter site:
click here: http://www.LivingTrustSecrets.com** Attn Ezine editors / Site owners **
Feel free to reprint this article in its entirety
in your ezine or on your site so long as you leave
all links in place, do not modify the content and
include our resource box as listed above.If you do use the material please send us a note
so we can take a look. Thanks.
Keyword : contesting a will or trust, will contest, trust contest

Case Watchers Make It Easy To Keep Up With Criminal Trial News

2008-03-09T00:00:00.001-08:00

Author : Marti Talbott
Nothing is more frustrating than trying to search for news about a specific trial, especially when the mainstream media isn't interested. Now, Case Watchers keeps readers apprised in an easy to read format.Updated daily, Case Watchers provides a summary of the case, links to the latest news stories and comments from readers. Our hottest and most frustrating current trial is the case against Francis Zarro accused of casino fraud in NY. News about this trial has been difficult to find, but our readers are great about letting us know when news is breaking. Other interesting cases include the man with nine wives, a judge on trial for bribery, the Tri-State Crematory case, a teen accused of killing his grandparents, the Seattle spammer trial, two serial killers, hired hits and many, many more. New cases are regularly added and are often suggested by readers.The Jerry Dean trial, covered by Court TV, ended well before the story aired and we were there first. Jerry Dean was accused of killing a woman who filed a sexual harassment charge against him. However, the jury acquitted Mr. Dean and the case remains unsolved. Another troubling case is the "Deer Hunters Trial" involving the Duvall brothers. Although this case is closed, it remains active to capture the post criminal trial civil cases, such as the wife of the victim suing the wife of the defendant.In addition, Case Watchers brings new attention to the plight of missing people. To date, we have eleven "cold cases" profiled and are offering awards to those willing to sponsor a missing person page by adding a link to their home page. In addition to the profile pages, each missing person has a poster page readers can print and distribute in their area. Families of other missing people are invited to send us a link for our "Missing" page.Casewatcher.com is owned and operated by Marti Talbott, author of: "Colorado Cold Case – the Botham/Miracle Murders."About The AuthorMarti Talbott is the mother of two and the grandmother of six living in Seattle. Aside from being an author, she enjoys acrylic painting.
Keyword : casewatchers,trials,trial lawyers,criminals,criminal cases,law,courts,judge,crime,media

Database Hacks - Are Banks Required To Notify You?

2008-03-08T23:31:00.001-08:00

Author : Richard Chapo
Ever wonder if banks are required to tell customers when
their systems are hacked? You may be shocked to learn that
they are not. The only exception to this standard has been
database hacks that effect California residents. Companies
doing business in California are required to give such
notice under the California Security Breach Information Act.
The situation is changing quickly on the federal level.Regulations have been issued by federal finance agencies
that now force banks to tell customers when their personal
data has been exposed to unauthorized third parties. The
regulations are issued pursuant to the Gramm-Leach-Bliley
Act, which contains language requiring financial
institutions to prevent unauthorized access and use of
consumer information.The new regulations appear to be a reaction to several
recent high-profile data leaks. They include incidents such
as Bank of America losing data tapes containing information
for over 1 million government employees and the breach of
databases for LexisNexis and ChoicePoint. It is well known
that numerous other banks have also been hacked over the
years, but the information has been hushed up.The new regulations require financial institutions to notify
account holders if the institution becomes aware of
unauthorized access to sensitive customer information. The
directives apply to banks and savings and loan companies,
but not credit unions.There are two serious loopholes in the regulations. First, a
financial institution that discovers a database breach must
only notify account holders if it is "reasonably possible"
that personal details will be misused. Second, the
regulations only apply to personal data, not business or
commercial accounts.While these new regulations are a positive step, one could
drive a truck through the two loopholes. Determining whether
it is "reasonably possible" that your information will be
misused is a vague standard that many financial institutions
will use to withhold information. Put bluntly, the
notification regulations are gutless.The best method for keeping an eye on database breaches is
to look for stories in the news. Under California law,
companies are required to give notice to California
residents when breaches occur. If you see a story about your
bank giving notice of a hack to California residents, your
personal information may have also been exposed. Hackers do
not restrict their attacks to California residents.Richard Chapo is an attorney with
http://www.sandiegobusinesslawfirm.com - a law firm
providing legal advice to California businesses. This
article is for general education purposes and does not
address every facet of the subject matter. Nothing in this
article creates an attorney-client relationship.
Keyword : database, hacked, banks, institutions, credit unions, savings and loans

Law School Students Often Say They Want to Help People

2008-03-08T23:00:00.001-08:00

Author : Lance Winslow
I recently started taking a survey as I travel what is left of our nation from the over letigiousness terrorist attacks from lawyers; I ask students in coffee shops studying law why they want to be a lawyer. They have to reasons; One, to make money and two, to help people. Yes it is true; law School students often say they want to help people.When I discuss this with these young folks they say, I want to help people. If someone slips on a banana peal outside of business and breaks their leg, I can collect for them? What? I say? No matter if the company is a third generation steak house with all you can eat ribs and Porterhouse steaks? No bananas have been sold there in over 45 years? And that the life savings of the couple who owns the establishment has two kids in college and one who needs soccer shoes and all that need health coverage which is also thru the roof for the same reason? Tort Law.We need to address this problem and I like some of Ceasars ideas the best, we need this in place now, not later, if this were to be proposed in Congress today? Fat chance since the Congress is mostly made up of lawyers and they get big bucks from the trial lawyer lobbyists. But if it were to be voted on you would see the biggest onslaught of high dollar lawsuits to be filed ahead of such enactment of law to get it while it is still available. Yep, and this is our idea of reality? Get it while you can, sue every company into bankruptcy? No wonder people are moving jobs to India, China, etc. I would too. To get away from the tort law issues, much safer there. We are our own worst enemy, because we refuse to live in reality, instead choosing to live in front of the curtain of OZ, in a promised utopia that is non-existent and not yet earned.If we want our country back and make this the model for the world, then shouldn't we fix these issues of tort law and establish a livable and acceptable tort reform policy that is based on reality and fairness. You know that justice thing we as Americans are always talking about? The sooner we have tort reform the faster we can get back to our promise to the people. We need not destroy all we are and all we have built based on the pie in the sky promise of the regulation of morality by those who abuse, extort and hijack the law for their own personal gain at the expense of ourselves and our ancestors. Too harsh of comments? I think not. I certainly would like to hear from others on this issue. Think about it.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : Law school, schools, lawyers

The Qualities of a Mediator

2008-03-08T22:31:00.001-08:00

Author : Charles Parselle
A mediator needs to develop several abilities: 1) attentiveness 2) ethics 3) emotional intelligence 4) subject matter expertise 5) decisiveness.ATTENTIVENESSThe most important ability for a mediator is to pay attention. One eminent historian has written that our entire society suffers from attention deficit. [Niall Ferguson: Colossus, 2004] The plain and awful truth is that people do not pay attention. They live their lives in information overload, thinking about what to do or say next.The word "attend" comes from the Latin attendere to bend to, notice. Attend has a number of meanings including 1) to be present at, 2) to accompany, 3) to take care of: minister to, devote one's services to, 4) to wait upon, 5) to take charge of, 6) to listen to, 7) to apply oneself, 8) to pay attention: listen or watch attentively, 9) to be present.If a mediator did literally nothing else but pay attention, the results would be remarkable.Attention is an interesting quality. It can be fixed or floating. It can be focused or scattered. It can concentrate on one thing, or several things or many things. It can take in many things at once. A person who practices paying attention will find it is ability easily developed, and will greatly increase one's awareness of what is going on.Paying attention, properly understood, is not terribly hard work but on the contrary, has a light and airy quality. For example, a person absorbed in a book or a movie or a piece of music or a football game is paying close attention, but without a great deal of effort. It is easy to pay attention when one is interested in the subject matter.The opposite of attention is distraction.Chaos is complex; order is simple. Parties in conflict are entangled in complexity. The job of the mediator is disentanglement and simplicity."Don't just do something; stand there." Albert CamusETHICSEthical means: 1) pertaining to or dealing with morals or the principals of morality; pertaining to right and wrong in conduct. 2) In accordance with the rules or standards for right conduct or practice, especially if the standards of a profession: "it is not considered ethical for physicians to advertise." Synonym: moral, upright, honest, righteous, virtuous, honorable. [Webster's Dictionary]The subject of ethics concerns itself with action, with right or wrong conduct. Perhaps many people may not think much about ethical implications, as such, as they go about their daily business, but in fact, every day contains choices and decisions that implicate oneself and other people. Maybe some are more conscious than others about consequences: nonetheless, all choices and decisions have consequences, and this is the subject of ethics.The daily human preoccupation with ethics was never better expressed than by John Bunyan in the opening paragraph of his great work written in Bedford jail."And behold, I saw a man clothed with rags standing in a certain place, with his face from his own house, a book in his hand, and a great burden upon his back. I watched, and beheld him open the book and read therein, and as he read he wept and trembled, and not being longer able to contain, he brake out with a lamentable cry, saying: 'What shall I do?'""Pilgrim's Progress"The question is not "who am I?" or "where have I come from?" or "why do I have to die?" or "what is my destiny?" but "what shall I do?" That question contains two qualities: (1) it refers to action, (2) it pertains to the future.Because ethics concerns itself with right action, it pertains to the mediator who has a duty to be impartial as between the parties. Mediators are also called "neutrals", but, although that word has stuck, it does not successfully describe the function of a mediator.Neutral means: "(of a person or government) not taking part or giving assistance is a dispute or war between others." It is a condition in which the third party stays out of the conflict, giving no help to either side. If a mediator were truly neutral, there would be little point in seeking her assistance; the parties could use a stuffed doll instead."The hottest place in Hell is reserved for those who remain neutral in times of great moral conflict." Martin Luther King, Jr."Impartial" is a different word with a different meaning. It means: "not partial or biased; fair; just: 'an impartial judge.'" Yet a judge has the responsibility of judgment, of deciding in favor of one side; the judge may be impartial at the beginning of a case, but is entirely partial by the end. That is the function of a judge, but not a mediator. As used in connection with mediation, "impartiality" suggests full yet even-handed involvement, giving as much assistance as ethically possible to all sides in the conflict. Of course, the question always is: How much is ethically possible? That is why the distinction between evaluative and facilitative mediation is not merely a matter of style. A facilitative mediator has made the choice not to evaluate for the parties, while an evaluative mediator is willing to state an opinion. Such decisions necessarily involve considerations of right or wrong conduct in the context of mediation, that is to say, ethics.
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There is always a power imbalance between parties to a dispute. Does the mediator seek to address, and adjust, the power imbalance, by lending a bit more weight to the weaker side? Is such "tipping the scales" in favor of greater balance between the parties to be considered an exercise in partiality or impartiality? Sometimes one party appears with an attorney, the other without one; the person with the attorney is nearly always at an advantage. Should the mediator attempt to redress the power imbalance by helping the unrepresented party understand the legal ramifications of the situation, and the possible perils buried within it? Or is the correct action simply to recognize the power imbalance, and do nothing to prejudice the stronger position of one of the parties?What if both parties are represented, one by an attorney who knows the file, the other by an attorney who is clearly unprepared? Should an experienced lend a hand to an inexperienced lawyer, or unrepresented party?What if one attorney has overlooked something that will tilt the balance of the negotiation in favor of her client? What is the mediator's responsibility?Is impartiality even possible, particularly after meeting the disputants and hearing their respective stories? Does the mediator not naturally incline to one side? The Standards of Mediation Practice simply advise: "A mediator shall avoid conduct that gives the appearance of partiality to towards one of the parties." How does one reconcile that standard with the duty of honesty and transparency? This is not the problem of bias or prejudice, which is conceptually simple because it is clearly not acceptable, but a question of ethical conduct, because after the two sides of a conflict are laid out, often it is plain that one side has the better of it; then should the mediator close her eyes to the obvious, or join the parties in denial, or simply dissemble, presenting the mask of an impartiality she does not feel? And if not, then what is she to do? This is the concern of ethics."Every word is a bias or an inclination" NietscheDuring the course of the mediation, a mediator may come to have a clear view of the respective merits of the parties' positions; should she express her own views to the parties? Sometimes, parties do want such an evaluation from the mediator, which is why they may choose a retired judge, who is has spent years in the courtroom making such judgments, but what if the parties do not ask for an evaluation? What if one party is stubborn in insisting on a position that is wrong, unjust, and cannot possibly win? Should the mediator take that person to one side, privately, and explain to him the realities of the situation?Mediation practice standards stress three essentials (1) impartiality (2) confidentiality (3) voluntary participation. What if one party desires to speak privately with the mediator, and then confesses to a crime? What if the confession involves an offence with a child? What is the mediator's obligation (a) if she in an attorney (b) if she is a mental health provider (c) neither?EMOTIONAL INTELLIGENCE"Le Coeur a ses raisons que le raison ne comprend pas." Blaise PascalThe heart has its reasons that reason does not comprehend, Pascal's famous aphorism, is the subject of the study of emotional intelligence.The phrase "emotional intelligence" refers to an ability that is not much prized, and certainly not taught, in our society and educational systems, though it certainly should be. There are some excellent books on the subject. The phrase itself is something of a deliberate oxymoron, because the emotions are normally distinguished from the activity of the intelligence, but it expresses the need to relate empathetically to what is being communicated by another person, including the emotional drives underlying such communication.The topic of "body language," concerns itself with developing emotional intelligence, which is not an abstract or esoteric ability, but can easily be learned by taking the trouble closely to observe the behavior of other people. It helps the mediator to learn to relate empathetically to the parties, if they are to feel that they have truly been heard in expressing their grievances and needs, which is an essential step in the mediation process, because it leads to a willingness to negotiate a resolution.In considering broad categories, any person is either more or less open, or more or less concealed. Some people are deliberately concealing themselves, trying to deceive, while others just do not know how to be more open. The latter are not concealing so much as protecting themselves. Some people pretend to be open, while in fact concealing a great deal. Everyone is on a continuum between being completely closed and completely open, and people may vary a great deal in the course of an hour as to how much they are willing to reveal, and how much they wish to conceal.The mediator is not a therapist, and is not trying, generally speaking, to achieve a breakthrough in openness, except for those mediators who regard themselves as transformational, and their mediations are generally designed to take a good deal longer than a regular mediation. Where parties have come together to talk about their differences, and negotiate a solution, the mediator is only interested in achieving enough honest communication between them that they can achieve the result that they came for.With emotion, it needs only to be remembered that emotion is a movement, and there are only four possible movements (1) movement forward; (2) movement backward; (3) movement splattered in all directions; (4) no movement at all. The emotional state in which the mediator would like the parties, is the emotion of "interest," in which the parties are moving forward, interested in the situation they are in, and willing to work on resolving it.SUBJECT MATTER EXPERTISESubject matter expertise is something that can be learned by a mediator, by which is meant expertise in the subject matter of the particular dispute, for example, construction, family relationships, childcare, commercial relationships, contracts, labor relations, environmental, governmental, tort, contract, and so on. Some parties, in choosing a mediator, deliberately seek some subject matter experience, and therefore, as a matter of marketing, it may be helpful for a mediator to acquire and therefore be able to advertise certain subject matter expertise.However, it will be found that, once the mediator has mastered or become proficient in the craft of mediation, that the skills can be applied across a wide variety of subject matters. Some people always insist on choosing a retired judge, because judges have experience in the conduct of trials, even though a judge may know less than the attorneys – this is because attorneys nearly always specialize, whereas judges, once they are on the bench, take a random variety of cases that come before them.The particular expertise of an experienced judge is in predicting the likely of a case. But if a mediator wishes to mediate in the area of, say international relations or environmental controversies, then in order to acquire business, it will probably be necessary to acquire some expertise in the subject matter, in order to be able to present credentials that will serve to enforce credibility.DECISIVENESSDecisiveness is essential in a mediator, because she cannot allow a mediation to wallow for any great length of time, without the parties becoming impatient, except in those relatively uncommon instances where the mediation is designed to be "transformational" and partakes of many of the qualities of therapy. The mediator has to decide, generally, who to speak to, when to speak to them, what to say to them, how much to allow them to say, because she has an obligation to create a momentum and keep it going. There is a purpose in view, and there is generally a time limit, and unless the parties feel they are making some progress, they are likely to be discouraged and the mediation may fail to achieve its purpose, which is to affect resolution.In summary, these five qualities are skills that can be learned and developed. They are basic yet profound. Attentiveness is the foundation of communication skills, but must be combined with decisiveness because it is up to the mediator to make things happen. Action must happen but it must be right action, which is the subject of ethics. The mediator must develop sensitivities that are not accessible to pure reason, and this is the subject of emotional intelligence. The mediator must be able to talk the same language as the disputants, which means some subject matter expertise.The scarcity of these qualities is why the mediation is happening at all. The mediator supplies what is missing to enable the disputants to settle their dispute and move on with their lives.It has been said that people get attached to their problems and conflicts, but the reality of conflict was never better expressed than by General William Tecumseh Sherman: "War is hell," and it is a service to people to help them find resolution.Charles B. Parselle is a mediator, arbitrator and attorney. He graduated from Oxford University's Honor School of Jurisprudence and is a member of the English bar, then joined the California Bar in 1983. A prolific author and sought-after mediator, he is the author of the book, "The Complete Mediator."For a free consultation, please contact him through his website: http://www.parsellemediation.com
Keyword : article submission, articles, writers, writing, publishing, ezine, email marketing, email newsletter, email

Evidential Standards for the Admission of E-Records Before the Court of Law

2008-03-08T22:00:00.001-08:00

Author : Adil Waseem
In any legal proceedings before the court of law, the application of the rules of evidence apply so as to accept the admissibility of a data message in evidence, the ground which data message and electronic communication be accepted before courts and how the course of legal proceeding best evidence can be produced and admitted. The civil proceeding it is the legal obligation shouldered on plaintiff to produce electronic evidence and plaintiff adducing it could reasonably be expected to obtain and produce before the court on the grounds that it is in its original form. The admission of electronic often not accepted as computer based file or records, the plaintiff have to produce it, some how, he has to produce into paper based form for acceptance as evidence before the court of law.The information produced in the form of a data message shall be given due evidential weight as comparison with paper based evidence irrespective fact of non-admission before court and their inability to interpret the same because technicality of evidence. In evidence what ever form it is produced must fulfill certain assessment standards and the electronic message must be given same the evidential weight as paper based evidence, there are various factors they have to rely on the manner in which the data message was generated, stored, communicated and produced before the court of law. The integrity of the information the manner it is recorded by authenticated authorities and the manner in which its originator was identified, and any other relevant factor .The admissibility of electronic record has recognized in electronic transaction ordinance 2002,"…No document, record, information, communication or transaction shall be denied legal recognition, admissibility, effect, validity, proof or enforceability on the ground that it is in electronic form and has not been attested by any witness."First if we cannot meet the evidential standard of evidence acceptable to court of law then we cannot produce it as evidence to proof something. The secondly issue relates to whether a courts have been prepared and trained to consider the digital document as evidence in the case at all and if the courts are unable to adjudicate the matter because of their inability to comprehend the technicality of subject. We have to legislate on legal issue how the digital evidence can be exhibited meeting the legal standards required for it to be admitted into evidence, then it simply be used as proof of anything. The third issue is credibility of evidence; rather we have to do with persuading the court about the extent to which it can rely upon the digital document and integrity of procedure adopted to preserve the digital evidence. In other words, even if a digital document is admitted into evidence, the court still has to determine how much weight it is willing to give it.For addressing these issues amendments have been made qunun-e-shahadat Order 1984 (law of evidence) have incorporated the provisions in our laws of evidence that can be used to allow for the admission of digital documents into evidence. Unfortunately, these are neither as modern nor as comprehensive as they should be and there is dire need of time for proper adjudication of dispute related with digital evidence we have to promulgate comprehensive laws on digital evidence.This kind of uncertainty and question of reliance of evidence and admissibility have a severe chilling effect on the adoption of digital technologies and aggrieved parties are becoming reluctant to put file their dispute for legal adjudication before the courts. The authentication of electronic evidence and its admission as evidence is acceptable if these are printed and kept as record and the procedural requirement are fulfilled. The reliability of these types of evidence is becoming big challenge for our legal system.The legal issue which tax system are confronting how to keep accurate books and records, although many taxpayers rely on computerized record keeping systems to a large extent for purpose of attaching evidence of transactions which has been originated as paper records in order to verify the accuracy of the electronic records. The credibility has to do with persuading the court about the extent to which it can rely upon the digital documents. In other words, even if a digital document is admitted into evidence, the court still has to determine how much weight it is willing to give to it. The electronic "documents" must be verified in order to minimize tax evasion.Even taxpayers engaged in the sale of physical, as opposed to electronic goods can receive orders and issue invoices electronically. This is also an issue for non-tax businesses reasons. A recipient of an electronic order needs to verify and authenticate both that the order was sent by the proper person, and also needs to verify that the order was not altered in transit. There are various methods are available for authentication of documents, for example the public key encryption techniques, which are used by digital certification authorities identify digital locations of buyer and seller, and these technique can also be used to verify that electronic documents and records have not been tampered with. The "digital notarization" systems have been proposed in electronic transaction ordinance which intend to make it possible to verify the electronic documents and records rather they have been altered or not. In many countries certification of the digital document equivalent of a notary stamp which can be used to certify and seal digital records in content and time so that it can later be proved that the electronic record was created when claimed and was not altered. Taxing authorities within limit the auditing power can use these techniques to verify the authenticity of electronic transactions.The central board of revenue provides necessary conditions for maintenance of the digital records as important as the business records that they have traditionally maintained on paper. In this context, they want to examine or retention policies for digital documents. However, for many companies, it is not sufficient for them to retain their digital documents for appropriate periods. If they become involved in litigation they may need to rely on these documentary documents to support their case. In such matter two issues emerge are important and interrelated. Firstly, will their documentary documents be admissible as evidence before a court of law as certificate copy of digital records? And secondly, if so, will the court consider these paper based record a credible source of information for imposition of e-commerce taxation?The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. Author can be contacted by Adil Law Company (Advocates and Immigration lawyers) Office No.3 2nd Flr Hafeez Chambers 85 The Mall Rd Lahore Pakistan Telephone: +9242-6306195 +9242- 6360108 Fax: + 9242 6360108 Cell: +92300 4254910 E-mail: adil.waseem@lawyer.com
Keyword : ecommerce tax,online tax,internet tax,internet tax usage,ecommerce jurisdiction

Closure

2008-03-08T21:31:00.001-08:00

Author : Charles Parselle
Closure represents the triumph of reality over illusion, recognition that things are the way they are, not the way we wish them to be."A man has got to know his limitations." Clint Eastwood, Magnum ForceSettlement is a peace treaty declared on agreed terms. It represents the triumph of reality over illusion, rationality over expectation, calculation over emotion, and the cessation of conflict between parties who, in many cases, will go their separate ways.Reconciliation is different from a peace treaty, and harder to achieve. It represents a collaborative harmonization of emotional needs and perceived realities, where the parties want or need to continue living in relationship with one another.After the defeat of Hitler in 1945, Europe, for a thousand years the cockpit of war was utterly devastated. Yet today, twenty-five European nations with different languages, histories, and economies have achieved gradual reconciliation so thorough that today a general European war is not conceivable. Neither today can we conceive of California attacking Idaho, or Alabama marching on Ohio. Reconciliation is possible.Some litigators are quite withering about mediation: "I try my cases," they boast, a variation on the theme "real men don't eat quiche." The reality is that these "real men" do settle their cases 96% of the time.Without war we would have no word for peace, without peace no word for war; they are a dichotomy. The classical Greek word for "the natural state of things" was stasis, from which we derive the word static, but which to them meant perpetual conflict. The task of the mediator is a little more complicated than simply asking: "Can't we all just get along?"The mediator has the task of maintaining the process between the parties, whether the goal is settlement or reconciliation, through convening, opening, communicating, negotiating, until the final step, which is closure.It will be found that parties often negotiate to a short distance from each other, but the final step that each side has to make proves elusive. They are like a horses that gallop right up to a jump, but then screech to a halt, sometimes throwing the rider – and as far as mediation is concerned, this is a moment when the whole process may blow up.At this final stage, suddenly emotion may again take over, and the impulses of the ego thrust themselves forward. With only a small concession needed to achieve resolution, the desire to win, to score a victory over the opponent, to stick it to the other side, to achieve a tiny measure of revenge, reasserts itself.How is a mediator to proceed? Some mediators talk about the dignity of being able to say "No" and walk away. Others take the view that the dignity of saying "No" is an insufficient reward to exchange for the benefits of achieving resolution. Such mediators see, in their mind's eye, the parties as having entered the room with a great burden upon their backs, or a ball and chain around their ankle that with just a little more effort can be removed. Even if the parties, having settled, walk out of the room with some reluctance, which is called buyer's remorse or seller's remorse, the buyer wondering if he took too little, the seller wondering if he paid too much, the match is over. The reason the parties chose mediation in the first place was to achieve that cessation. It is not just a matter of money, and certainly not a matter of ego. There is a great deal of time and stress, and waste of energy and resources, involved in disputes, so that the benefit the parties receive in the form of "getting their lives back" is a very important consideration."You've got to know when to hold 'em, know when to fold 'em." Kenny RogersCharles B. Parselle is a mediator, arbitrator and attorney. He graduated from Oxford University's Honor School of Jurisprudence and is a member of the English bar, then was admitted to the California Bar in 1983. A practicing attorney, he is a prolific author and sought-after mediator. To consult him, please contact him through his website: http://www.parsellemediation.com
Keyword : mediation, mediator, arbitrate, arbitrator, lawyer, law, attorney, parselle, charles parselle, case

Choosing a Boston Personal Injury Lawyer

2008-03-08T21:00:00.001-08:00

Author : Dave Hoffman
If you have had the misfortune to suffer a personal injury, you will understand just how deeply such an event can change your life. You will probably encounter huge medical bills, and may need ongoing medical care for a long period of time. You may be unable to work, perhaps even permanently, and you may have a spouse or family who are shaken by both the financial implications and changes in their life situation and routine. While obtaining the right settlement will not erase the impact of your accident, either in physical or emotional terms, right attorney will be able to arrange a deal for you that will at least help ease your monetary worries. For those of you living within the confines of this city, here are some tips to help you find a Boston personal injury lawyer who will help you make the most of this difficult time in your life.Firstly, ensure that your lawyer has direct experience in personal injury law. The law is an enormous area, and specialisations within it have developed for a reason. By choosing a professional who deals primarily with this type of case, you will be ensuring that you are dealing with a lawyer who understands this particular area of the law in detail, which in turn means they will be equipped with the knowledge and experience to get you the best deal possible.While the majority of personal injury cases are not resolved in the trial court, you should still ensure that your Boston personal injury lawyer is prepared to go the distance if necessary. Select a lawyer who provides a personal service too, one who is accessible to you, and with whom you feel comfortable working. Your initial first impression can go a long way in helping you choose the right lawyer - ensure that at your initial meeting he or she is timely, professional, and communicative. If this is not the case, you may be better off continuing your search.Above all, do your homework before selecting a Boston personal injury lawyer. Research the credentials of the professional you choose, and, if possible, find personal and professional testimonials regarding your prospective professional. They will all advertise themselves as the best - but try to make that decision for yourself. The settlement you receive could depend upon it.Dave Hoffman is the founder of Injury Lawyer Search a website dedicated to injury attorneys.
Keyword : law, injury law, injury attonreys

Why You Need a Durable Power of Attorney Now!

2008-03-08T20:31:00.001-08:00

Author : John Pollock
Planning for unfortunate events such as serious illness or injury is rarely on anyone's list of favorite pastimes. Sometimes, though, enduring the small discomfort that may accompany preparing for the unexpected will avoid untold anguish on the part of your family and friends. This is certainly the case with the Durable Power of Attorney, an often simple document that becomes so very important if sickness or injury renders you unable to take care of your own affairs.Power of Attorney DefinedA Power of Attorney is a document in which you (as the "Principal") allow someone else (the "Agent" or "Attorney-in-fact") to act legally on your behalf. The Power of Attorney may be limited to very specific actions that the Agent is authorized to take on your behalf. On the other hand it may give the Agent very broad powers. In either event, the Agent you appoint in the Power of Attorney should be someone that you trust without reservation. That could be a family member, an advisor, a trustworthy friend or a bank or similar institution.The "Durable" Power of Attorney The significance of having a "Durable" Power of Attorney is best understood if you know what can happen with the plain old garden variety of Power of Attorney.If you sign a Power of Attorney that is not "durable," the document remains effective only while you are alive and competent to handle your own affairs. If you become incompetent or die, the Power of Attorney is automatically revoked by law and your Agent is no longer able to act on your behalf. This prevents a Power of Attorney from becoming irrevocable inadvertently, and, until recent times, it was the only way a Power of Attorney could be prepared.The non-durable Power of Attorney has limited usefulness for family and estate planning purposes, though, because the Power of Attorney is often most needed when you have become incapacitated! That is when you really need someone else that is able to make legal decisions or take other actions on your behalf.All fifty states now permit the use of a "durable" Power of Attorney that is not revoked simply because the Principal becomes incapacitated or mentally incompetent. This makes the Durable Power of Attorney a far more reliable document, particularly for family and estate planning purposes, since you may now authorize your Agent to act on your behalf even after illness, injury or other cause has rendered you unable to manage your own affairs. Even with a Durable Power of Attorney, however, the Principal's death causes an immediate revocation of the document and termination of the powers that are given to the Agent.A Matter of ConvenienceThe Durable Power of Attorney is often used as a matter of convenience.Suppose, for example, you have your home listed for sale. You have also planned a long awaited trip to visit Aunt Trixie in Deadwood, South Dakota, and you are concerned that an interested buyer may come along while you are on the road. A Durable Power of Attorney would be handy here to appoint someone you trust to act in your absence to negotiate the sale and sign any documents that are needed to make the deal binding.The Durable Power of Attorney could be prepared so that it is effective only until the date you plan to return from your trip, and it might describe specific terms that your Agent must include in the sale, such as the minimum sale price that is acceptable to you.A Matter of Protecting Loved OnesWhat happens if, from illness, injury or another cause, you become physically or mentally incapacitated to the point that you are no longer able to handle your own legal affairs?Let's suppose again that while you are incapacitated it becomes necessary to mortgage your home to pay your medical bills. Who will sign the mortgage? Even if your home is jointly owned with your spouse, he cannot obtain a mortgage without your signature.In those circumstances it would be necessary to request the local probate court to appoint a guardian for you that has the power to handle your legal affairs. In many states, this type of guardian is referred to as a "conservator". Included in the conservator's powers might be the power to borrow money and sign a mortgage on your behalf making it possible to obtain the funds needed to pay the medical bills.However, you may have heard that it is advantageous to avoid probate whenever possible, particularly if there is a good alternative available. The delay and expense associated with probate proceedings and the fact that they are conducted in the probate court, a public forum, make that good advice in most circumstances. And there is a better alternative than probate, but it requires you to act before the incapacity arises – you need to sign a Durable Power of Attorney.When used in this estate planning context, the Durable Power of Attorney is generally worded very broadly to give your Agent the power to step into your legal shoes in almost any circumstance. In effect, you tell your Agent "You can do anything I can do."Now, if you have prepared the Durable Power of Attorney and then become incapacitated, no one has to go through a probate proceeding to appoint a guardian or conservator to act for you – you have already given your Agent the power to do so. As you can see, the Durable Power of Attorney can save precious time and expense in critical situations and avoid having your personal affairs become the subject of a public proceeding.Appointing a Successor AgentIt is often a good idea to appoint one or more successor Agents. The Agent you appoint in your Durable Power of Attorney may die or for some other reason become unable or unwilling to act as your Agent. In that case, you may be left without someone to act for you when you most need that assistance.Appointing successors to your first choice of Agent helps insure that someone is always available to handle your affairs. Of course, each successor that you appoint should be someone that has your complete trust.Revoking a Power of AttorneyAs long as you are competent, you have the power to revoke your Durable Power of Attorney. To do so, send written notice to your Agent notifying him or her that the document has been revoked. Once the Agent has notice of your revocation, the Agent may take no further action under the Durable Power of Attorney. However, your revocation will not undo any permissible actions that the Agent has taken prior to being notified that the Power of Attorney has been terminated.You must also notify third parties with whom your Agent has been dealing that the Durable Power of Attorney has been revoked. For example, if the Agent has been dealing with a stockbroker, you must notify the stockbroker as soon as possible. Do this in writing, as well, and do it immediately. Third parties who do not receive notice of the revocation are entitled to, and probably will, continue to rely on the Durable Power of Attorney.Making the Durable Power of Attorney Effective upon Incapacity.It is possible to have a Durable Power of Attorney that only becomes effective if and when you become incapacitated. This document is referred as a "springing" Durable Power of Attorney because it "springs to life" on the occurrence of a future event – your incapacity. The document should include a detailed definition of "disability" to make clear the circumstances in which your Agent may act on your behalf.Knowing that your Agent is unable to exercise his or her powers until you are actually unable to do so yourself may make using the Durable Power of Attorney more comfortable for you. Unfortunately, even with a good definition of incapacity in the springing Durable Power of Attorney, your Agent may find that third parties are simply not willing to make the judgment that you are indeed disabled. If they are wrong, they may be held liable to you for any damages that you sustain as a result of the error in judgment. You may therefore find the springing document cannot be relied upon in all circumstances.Don't Procrastinate!Estate planning is easy to put off. But don't! Advance planning, such as executing a Durable Power of Attorney, may make a horrible circumstance for you and your family just a bit more bearable.John Pollock is an attorney that specializes in estate planning. He is also the webmaster of http://www.forms-free-4-all.com, a website offering free legal forms with easy to understand explanations of the relevant law.
Keyword : durable power of attorney, power of attorney, estate planning, incapacity, avoiding probate

Filing A Mesothelioma Lawsuit

2008-03-08T20:00:00.001-08:00

Author : Craig Rowe
Mesothelioma is a deadly cancer that is caused by exposure to asbestos fibers, and this cancer can reduce lifespan to a matter of months from the onset of symptoms. Over recent years, the number of mesothelioma cases coming to light has risen quite dramatically, and in line with this, the number of mesothelioma lawsuits being filed has also increased. Because mesothelioma lawsuits have become such big business, many law firms and lawyers now specialize in this area, making it easier for those affected by this disease to get the legal assistance they need to file a mesothelioma lawsuit.The first thing to remember about filing a mesothelioma lawsuit is that you have to act quickly. Each state operates within a statute of limitation, which means that those affected by this disease have a certain time within which to act. These statutes of limitation apply to both affected parties and to relations that may be filing a mesothelioma lawsuit in the event that the affected party has already passed away. The faster you act with regards to getting legal assistance the better. Filing your mesothelioma lawsuit as early as possible could make the difference between a successful and unsuccessful compensation claim.Many people worry about the cost of filing a mesothelioma lawsuit, but the majority of mesothelioma lawyers and law firms now operate on a contingency fee basis. This means that clients do not have to pay any money up front, and the lawyer takes his fee from any compensation awarded as a result of the mesothelioma lawsuit. If no compensation is awarded, then you do not have to pay any fees for the legal action that has been taken.An experienced mesothelioma lawyer will be able to offer advice on the likely success of your mesothelioma lawsuit based upon your own individual circumstances. Although it is impossible to predict how much will be awarded as part of the mesothelioma lawsuit, an experienced lawyer will be able to draw on experience from past cases to give you an idea of how much you might get. The compensation received as a result of filing a mesothelioma lawsuit is designed to cover a range of costs. Compensation often runs into six figures for claimants, and this is to cover medical expenses, pain and suffering, and also to secure a financially stable future for their families. Although the exact compensation awarded can vary from one lawsuit to another, a mesothelioma lawyer will aim to get as much compensation as possible for an affected client.Taking early action when filing a mesothelioma lawsuit could really benefit you, and will enable your mesothelioma lawyer to collate all the necessary facts and information in order to put together a watertight case. This can make a big difference to the success of your mesothelioma lawsuit, and acting quickly will help to ensure that your case is actioned within the time limitations set by the state. Although thinking about legal action can be difficult when you have been diagnosed with a cancer such as mesothelioma, it is important to seek legal assistance as soon as possible following diagnosis. This is to ensure that you and your loved ones stand as high a chance as possible of getting the compensation to which you are entitled.MesotheliomaFirms.com offers listings of experienced mesothelioma attorneys and law firms as well as asbestos and mesothelioma information and articles.
To find a mesothelioma attorney visit http://www.MesotheliomaFirms.com
Keyword : mesothelioma, asbestos, lawyers, legal, attorneys

Tax Benefits of 'C' Corporations - Business Failure

2008-03-08T19:31:00.001-08:00

Author : Richard Chapo
"C" CorporationThe "C" in C corporation has a few legal ramifications, but it is primary a designation for tax purposes. Put in layman's terms, the designation simply means the corporation will act as its own tax entity. To become a shareholder in the corporation, you must exchange property, cash or services in exchange for stock.The Internet Revenue Code sets out the law on tax and it contains a few juicy provisions for corporations. In the case of a business failure, the code delineates some favorable tax write-offs for the investment you made in stock.Taking A LossAssume you and I go come to the conclusion that we can start a new search engine that will wipe Google, Yahoo and MSN off the map. Noting the litigious nature of those companies, a lawyer advises us to form a C corporation. We do so and each of us contribute $20,000 in cash for stock. In exchange for our contribution, we receive shares totaling 90 percent of the shares issued by the corporation. We are ready to go.After a year passes, we come to realize that the search engine game isn't so easy. In fact, the corporation is broke and neither of us are going to throw any additional funds at this turkey of a business. We decide to close shop and swear to never speak of the venture again.From a tax perspective, all is not lost in the above scenario. When it comes time to file taxes, each of us will be able to deduct all or part of the $20,000 we spent to acquire stock in the C corporation. The specific percentage is going to depend on your exact situation, but you can expect to get a sizeable deduction.As always, there are qualifies and restrictions to this write-off. Make sure you speak with a tax professional, so you can at least get something out of that turkey of a business.Richard Chapo is with http://www.sandiegobusinesslawfirm.com - providing legal services to San Diego businesses.
Keyword : c corporation, close business, tax benefits, business bankruptcy, business failure,

Personal Injury Claim - Win Without A Doubt!

2008-03-08T19:00:00.001-08:00

Author : Mumtaz Shah
Everyone likes winning! If you win by an inch or a mile, winning is winning! Now winning at personal injury is a different ball game altogether. Do you want to claim compensation in direct result of an accident or injury? Okay, that's fine go ahead, you deserve it!Life Before A Personal Injury ClaimI bet it was awesome... You were having the time of your life. Winning at everything, football, cricket, racing, baseball and even at work. Met targets, been promoted and of the likes. You were at the top of Mount Everest, going crazy like Rocky at the top of the stadium.You've heard about accident injury claims and injury compensation claims meaning all the same thing. But never had the pleasure of feeling it and you DON'T want to. You think it can't be that bad except when you get involved in a car accident. Those I believe are painful!Anyway reaching the pinnacle of success couldn't get any better.Then one day an accident injury occurs... to YOU!Your life falls apart. You can't win a single thing! Not even a date. You become a goof in the eyes of other people. You use to go out every Friday night. But now thanks to the accident injury, your bed is the only Friday night entertainment... well for the time being.Life During An Injury Or Injury ClaimYou feel like crap. PERIOD!You were the first person everyone called when there was something going on everyday. You were like an operator, call after call after call. You had to specifically buy a phone that had a battery life for enough talk time in a whole day.Now you don't even charge it for days and still your battery's full!The PictureThere's nothing much you can do, beside catch up on films you kept thinking you'd get round to one day. Now you can watch movies all day or keep up to date with the news. What's happening around the world?Before you hear about an accident and think how awful. But now you have absolute sincere remorse for those people in such situations. Just like Hurricane Katrina. How terrible is that?The FeelingYou feel for other people, their losses, regardless how large or small.Considering the best you can do is watch TV, soap after soap, movies after movie. There's one thing you should never watch are the music channels!These are happy, joyful 5 minute clips of people dancing, clapping, rocking their body and of the likes. If after a couple of clips your favourite tune comes on. You wanna move. You'll remember how it felt to be in such a happy position, singing and dancing.You forget about your injury and move... 'OUCH!'You remember you're injured and feel like crap again. Then you'll start wishing you weren't in that position and how the hell did you even get in that position in the first place. Just the thought of not moving let alone winning the games makes you think about your life in a different perspective.The MoveAfter days of thoughts, it's time to do something about it. Get the best medication possible for pain relief, get a physiotherapy arranged, anything that gets you out of bed. Anything to be part of the real world again.But what about the time lost? How are you going to get that back as once it's gone it's gone. You can't recover that, practically impossible!The Injury ClaimMake an accident claim or an injury claim, both giving the same result. Choose the best no win no fee solicitor around and go for it. Then pour your feelings out! Sounds crazy even stupid for some people to mention their emotions to an accident solicitor let alone a stranger. It tends to be more difficult for men than women.A compensation solicitor knows how you feel, they see many of the likes day in day out. However, if you don't mention your feelings including your injury then they can't make the 'ultimate winning personal injury claim'.The SettlementCompensation settlements cheques are based on various factors. It's not just your physical ability that's affected, so are your feelings.For example if you were the best center forward in your neighbourhood, everyone wants you on their team. You can't play for anyone and after a while they don't want you on their team. How would you feel?Hundreds of professional players around the world have to give up their careers cause of an accident injury. They also have to choose a different profession. It kills them psychologically! So what helps them to forget and move on? A compensation claim! Not exactly getting them back in the profession, but does compensate them to carry on with their lives.Think about it? It's easy to win a personal injury claim and gain maximum results without the hassle, costs and confusion. Discover the 12 revolutions of personal injury at http://www.100Percent-Compensation.co.uk/articles/personal-injury.html
Keyword : personal injury, personal injury claim, injury claim, accident solicitor, compensation claim, claim

Car Accident Compensation?

2008-03-08T18:31:00.001-08:00

Author : Mohammad Latif
A car accident compensation claim is even for drivers who are the utmost careful drivers in the world as there are no guarantees that a car accident can occur.As a matter of fact, you could have some sort of accident sooner or later. Possibly the fault of someone else's stupidity.Therefore you should know how to react in such a situation, how to avoid any problems and how to make a successful compensation claim.I Had A Car Accident - What Should I Do?Right after an accident you should have at least done the following - exchanged details with all parties involved: name, address, phone number, policy number and insurance company's name, car and registration plate number.If any of the drivers isn't the owner of the car he was driving, you still need that person's name, as he was driving at the time.If possible, you should write down the names, address and numbers of any witnesses who saw what happened, take any statements if possible.As soon as possible write down all the circumstances, including the details concerning other cars: model, damage caused and received. If you have a camera, take some pictures.If you don't, it may be useful to draw a schematic picture of the accident scene, including road junctions, any traffic lights and position of all vehicles participating in the accident.If for any reasons you can't stop at the accident scene, you must report it to your insurance company within 24 hours.Medical AssistanceEven though you may feel normal right after the car accident, it doesn't mean that you didn't suffer any injuries. Symptoms of car accident injuries may appear even 48 hours later. Seek medical assistance and keep a daily record of your injuries, the medication and treatment of it. Write down all your expenses, keep all bills and - if possible - all receipts as well.What Can I Include In A Car Accident Claim?Car accident compensation may cover numerous losses. First of all, you can make an injury claim and get compensation for any personal injuries to you or any passengers, as well as for the costs of any medical treatment. Pain and suffering - any psychological damage may be compensated, too.Furthermore, you can claim costs for damage to your car and property, including diminution of your vehicle's value and insurance policy excess. Any loss of your income caused by the accident and even reduced job prospects in the future may be the subject of a car accident claim.Use of a replacement car or courtesy car while yours is either being repaired or evaluated, can also be compensated. As you can see a car accident compensation claim is a very broad subject and it includes not only an accident injury claim, but much more details - important both in your private and working life.Too Many Details?All these details seem complicated when you read about them. But there is no reason why you should take care of everything by yourself. When you suffer from a car injury it's better for you to leave all the procedures to a professional personal injury specialist and let them take care of the paperwork. You on the other hand just take care of your health, leave the other worries in the hands of a quality accident solicitor.If you were injured in a car accident, you're hurt and tired, so it's easy to forget about some important issues. That is why you should contact an accident solicitor - proficient and experienced - and let them do all the necessary work to grant you good compensation. Thanks to 'no win no fee' you don't risk any money and if you lose your claim, the solicitor pays all the fees and bills.It's easy to seek car accident compensation, if you know how. Learn the 12 revolutions of the new compensation claim culture at http://www.compensationsecrets.co.uk/car-accident-compensation.html and get a free assessment.
Keyword : car accident compensation, car accident, car injury claim, personal injury specialist, accident soli

Should You Create a Power of Attorney?

2008-03-08T18:00:00.000-08:00

Author : Jeffrey Broobin
There are some few exceptions as the right to get married or vote. As an individual and principal you can grant unlimited power known as a general power of attorney.The attorney-in-fact generally can only carry out an action if the individual and principal can exercise the same power. This stops the attorney-in-fact from acting when the principal is incapacitated. If an individual is unable to sign a contract the attorney-in-fact is also unable to sign a contract for the principal. But if you have a Durable Power of Attorney the attorney-in-fact is allowed to execute the powers granted by the principal even after the principal becomes ill.At the Time of Death A Power of Attorney EndsWhether you have a Durable Power of Attorney or you do not, at the time of death all power of attorney ends. If the individual and principal has granted attorney-in-fact rights to perform certain tasks, upon death all those rights are terminated.How A Power of Attorney is RevokedAs long as you are alive you have the power to revoke the power of attorney. To revoke the power of attorney you must contact your attorney-in-fact that the power of attorney has been revoked. You can also detail at what date the power of attorney will expire.A Springing Power of AttorneyA power of attorney can be designed to spring into effect if you become disabled or at some predetermined time or event. This is a springing power of attorney. The springing power of attorney prevents your attorney-in-fact from using the powers while you are able to take care of them yourself.The attorney-in-fact must prove that the individual where your powers are concerned is in fact disabled and can not perform the tasks needed. You will need a written document from the physician or hospital that you are incapacitated.It should be a current document and not several days old or it could be questioned as to whether you are still ill or disabled. So to save yourself, added turmoil, and be required to furnish a more current document take care of it the same day.Instant Power of AttorneyYour powers of attorney can become effective immediately, as soon as it is signed, This is the type of power of attorney people use when they will be in another country for a long period of time and will not be available to handle such matters. It is generally a durable power of attorney that will expire in one year. You can also have provisions built into the powers of attorney will you can extent it. If you become incompetent or ill when the power of attorney expires, and you're attorney-in-fact or agent, will need to go before the court to get approval to continue.Medical DecisionsWhen you have a durable power of attorney it can be used to allow your attorney-in-fact the power to make medical decisions in case you become incapacitated. Most individuals have separate power of attorneys for medical and financial affairs. Sometimes the same person handles both powers of attorneys.How to Choose your Attorney- In-FactSince this is one of the most important documents of your life it goes without saying it should be the most trusted of people with impeccably credentials who understand your wishes And how to handle your business. One other thing to bear in mind is when you give someone this power they have the ability to do as they wish, and may not follow your instructions. That's why you must be very careful. When it comes to money sometimes people do things for their own interest. Your attorney-in-fact is a fiduciary. Which means that they are there to manage your assets to help you, and not themselves. The person you choose will be called under difficult circumstances. So generally it will be a family member or a close friend and sometimes an attorney you trust and respect. If you do not have a power of attorney in place it will fall to the laws of the state.Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website: http://www.legalhelpmate.com Email: jeffreyb@legalhelpmate.com
Keyword : article submission, articles, writers, writing, publishing, ezine, email marketing, email newsletter, email

A Substantive Due Process Challenge to the War on Drugs

2008-03-08T17:31:00.001-08:00

Author : Warren Redlich
Substantive Due Process Analysis of the Incarceration of Drug OffendersA. FrameworkIn Washington v. Glucksberg, Chief Justice Rehnquist described the framework for substantive due process analysis:Our established method of substantive-due-process analysis has two primary features: First, we have regularly observed that the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, "deeply rooted in this Nation's history and tradition," and "implicit in the concept of ordered liberty," such that "neither liberty nor justice would exist if they were sacrificed." Second, we have required in substantive-due-process cases a "careful description" of the asserted fundamental liberty interest. Our Nation's history, legal traditions, and practices thus provide the crucial "guideposts for responsible decisionmaking," that direct and restrain our exposition of the Due Process Clause. As we stated recently in Flores, the Fourteenth Amendment "forbids the government to infringe . . . 'fundamental' liberty interests at all, no matter what process is provided, unless the infringement is narrowly tailored to serve a compelling state interest."Applying this method, one must first examine freedom from incarceration to determine if it is a fundamental right. If so, government policies that require the incarceration of offenders, including drug offenders, must serve compelling interests and be narrowly tailored to achieve them. This article assumes for the sake of argument that drug problems give rise to compelling state interests. It then reviews the interests asserted by the government in its pursuit of its drug war policies and the results of those policies to determine whether the policy of incarcerating drug offenders is narrowly tailored to those asserted interests.B. The Fundamental Liberty Interest: Freedom from IncarcerationFederal and state laws subject drug offenders to incarceration. Incarceration is a tremendous deprivation of liberty that triggers the protections of the Due Process Clause. The Supreme Court has recognized this right on a number of occasions. In DeShaney v. Winnebago County DSS for example, the court held:
[I]t is the State's affirmative act of restraining the individual's freedom to act on his own behalf--through incarceration, institutionalization, or other similar restraint of personal liberty--which is the "deprivation of liberty" triggering the protections of the Due Process Clause . . . .Perhaps the earliest explicit recognition by the Supreme Court of freedom from incarceration as a fundamental right under substantive due process came in Allgeyer:The 'liberty' mentioned in [the fourteenth] amendment means, not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation; and for that purpose to enter into all contracts which may be proper, necessary, and essential to his carrying out to a successful conclusion the purposes above mentioned.An 1891 law review article noted that Blackstone described "freedom from restraint of the person" as "perhaps the most important of all civil rights," and that Lord Coke felt "the liberty of a man's person is more precious to him than everything else that is mentioned [in the Magna Charta]." Blackstone states that "the rights of all mankind . . . may be reduced to three principal or primary articles; the right of personal security, the right of personal liberty, and the right of private property." Indeed, the original Latin in the Magna Charta's "law of the land" clause uses the term "imprisonetur."No court has invalidated a criminal statute through the application of substantive due process analysis to the fundamental right of freedom from incarceration. At the same time, no court has ruled to the contrary. The Supreme Court avoided the question in Reno v. Flores:The "freedom from physical restraint" invoked by respondents is not at issue in this case. Surely not in the sense of shackles, chains, or barred cells, given the Juvenile Care Agreement. Nor even in the sense of a right to come and go at will, since, as we have said elsewhere, "juveniles, unlike adults, are always in some form of custody," and where the custody of the parent or legal guardian fails, the government may (indeed, we have said must) either exercise custody itself or appoint someone else to do so.This analysis would not apply to adult drug offenders. The Fourth Circuit also avoided addressing freedom from incarceration as a fundamental right in Hawkins v. Freeman:Hawkins's rhetorical reference to the right as being "freedom from unjust incarceration," and that of amicus, American Civil Liberties Union of North Carolina, as the "right to be free from arbitrary incarceration," are issue-begging generalizations that cannot serve the inquiry. A properly precise description can, however, be found in the facts and legal authorities relied upon by Hawkins in support of his claim. From these, we deduce that the precise right asserted is that of a prisoner to remain free on erroneously granted parole so long as he did not contribute to or know of the error and has for an appreciable time remained on good behavior to the point that his expectations for continued freedom from incarceration have "crystallized."Hawkins is distinguishable because it deals with an inmate whose parole was revoked. In any event, the casual dismissal as an "issue-begging generalization" flies in the face of nearly 800 years of common law tradition and over a century of Supreme Court decisions recognizing freedom from incarceration as a fundamental right. Indeed the language of the Supreme Court's Ingraham decision supports the application of substantive due process proposed in this paper:While the contours of this historic liberty interest in the context of our federal system of government have not been defined precisely, they always have been thought to encompass freedom from bodily restraint and punishment. It is fundamental that the state cannot hold and physically punish an individual except in accordance with due process of law.The Court also stressed this fundamental liberty interest in Foucha v. Louisiana, a case involving the confinement of a person found not guilty by reason of insanity:Freedom from bodily restraint has always been at the core of the liberty protected by the Due Process Clause from arbitrary governmental action. "It is clear that commitment for any purpose constitutes a significant deprivation of liberty that requires due process protection." We have always been careful not to "minimize the importance and fundamental nature" of the individual's right to liberty.While the Foucha Court indicated that "a State may imprison convicted criminals for the purposes of deterrence and retribution," the remark was dicta and did not involve any discussion of substantive limits on the police power. In Meachum v. Fano the Court made a similar remark in the context of a case dealing with prison conditions: "[G]iven a valid conviction, the criminal defendant has been constitutionally deprived of his liberty to the extent that the State may confine him." Again there was no discussion of substantive limits on the police power. Indeed the previous sentence noted: "The Due Process Clause by its own force forbids the State from convicting any person of crime and depriving him of his liberty without complying fully with the requirements of the Clause."Recently in Zadvydas v. Davis, the Court noted:The Fifth Amendment's Due Process Clause forbids the Government to "depriv[e]" any "person ... of ... liberty ... without due process of law." Freedom from imprisonment--from government custody, detention, or other forms of physical restraint--lies at the heart of the liberty that Clause protects.Freedom from incarceration is not just a fundamental right. It is the one of the most fundamental of rights.C. Identifying the State's InterestsGovernmental drug policy interests identified in federal statutes include "demand reduction," "supply reduction," and "reducing drug abuse and the consequences of drug abuse in the United States, by limiting the availability of and reducing the demand for illegal drugs."Federal law sets specific goals for the National Drug Control Strategy. These include:"Reduction of unlawful drug use to 3 percent of the population";"Reduction of adolescent unlawful drug use to 3 percent of the adolescent population";"Reduction of the availability of cocaine, heroin, marijuana, and methamphetamine";
"Reduction of the respective nationwide average street purity levels for cocaine, heroin, marijuana, and methamphetamine"; and"Reduction of drug-related crime."
Goals are also set forth with regard to drug-related crime:
(i) reduction of State and Federal unlawful drug trafficking and distribution; (ii) reduction of State and Federal crimes committed by persons under the influence of unlawful drugs; (iii) reduction of State and Federal crimes committed for the purpose of obtaining unlawful drugs or obtaining property that is intended to be used for the purchase of unlawful drugs; and (iv) reduction of drug-related emergency room incidents . . . .D. Defining "Narrow Tailoring" in the Context of Substantive Due ProcessAssuming that the governmental interests are compelling, we must determine whether the incarceration of drug offenders is narrowly tailored to achieving them. The government must show that its policy passes strict scrutiny. The concept of narrow tailoring is not well defined in the context of substantive due process, but has been fairly well defined in regard to the First Amendment and Equal Protection. Equal Protection cases also arise out of the Fourteenth Amendment. In Wygant v. Jackson Bd. of Education the Supreme Court held: "Under strict scrutiny the means chosen to accomplish the State's asserted purpose must be specifically and narrowly framed to accomplish that purpose." In a footnote, the Court described narrow tailoring in even further detail:
The term "narrowly tailored," so frequently used in our cases, has acquired a secondary meaning. More specifically, as commentators have indicated, the term may be used to require consideration of whether lawful alternative and less restrictive means could have been used. Or, as Professor Ely has noted, the classification at issue must "fit" with greater precision than any alternative means. "[Courts] should give particularly intense scrutiny to whether a nonracial approach or a more narrowly-tailored racial classification could promote the substantial interest about as well and at tolerable administrative expense."It is important to note here that a policy that does not advance the government's interests violates substantive due process regardless of how it compares with the alternatives. If it does not accomplish its purpose, logic dictates it cannot be specifically and narrowly framed to accomplish its purpose.E. Advancing Governmental InterestsCongress has identified certain tools for assessing the national drug control strategy. The National Household Survey is the measure for "unlawful drug use." Similarly, "adolescent unlawful drug use" is to be measured "by the Monitoring the Future Survey of the University of Michigan or the National PRIDE Survey conducted by the National Parents' Resource Institute for Drug Education." On these measures, the goals are not being reached.The measure of adolescent drug use that was specifically identified by Congress, illicit drug use in the past 30 days, worsened in 2001. More than 25% of US twelfth graders reported using illicit drugs in the past 30 days. That is nearly double the figure for 1992 and more than eight times the stated goal of 3%. Over 40% of 12th graders tried an illicit drug in the past year.The PRIDE Survey and National Household Survey show similar results.The drug war has also failed in its other goals. The Monitoring the Future Survey tracks how twelfth graders perceive the availability of drugs. Reducing availability is an explicit goal of the drug war. The perceived availability of marijuana in 2001 was slightly higher than in 1975. The figures for harder drugs are more disturbing. From 1975 to 1986, roughly 20% of twelfth graders said heroin was easy to get. That number shot up in the late 1980s and has remained consistently higher than 30%. Cocaine remains widely available to our youth, with nearly 50% of twelfth graders saying it is easy to get. The survey began measuring the availability of ecstasy in 1989, when only 22% of twelfth graders felt it was easy to get. In 2001, that number went over 61%, having jumped from 51% the year before.Drug war policies are not achieving the stated drug war goals. They cannot be "specifically and narrowly framed to accomplish their purpose" because they are not accomplishing their purpose. Drug use has not been reduced in any significant way, and levels of drug use are far above the stated goals. Our children have easy access to drugs. We can't even keep drugs out of jails. The drug war and the incarceration of drug offenders have also failed to achieve secondary goals regarding supply, demand, purity, drug-related health problems and drug-related crime. The policy of incarcerating drug offenders does not "directly advance[] the governmental interest asserted." The War on Drugs is not working.F. Alternative MeansEven if a court is persuaded that incarceration advances the government's interests, the government must also show that its policy choice fits better than the alternatives. Critics of the drug war encompass a broad spectrum of backgrounds, and the range of "solutions" is just as wide. Libertarians and others favor outright legalization of drugs. The legalization of marijuana is a somewhat popular variation of overall legalization, and there are other variations such as the legalization of marijuana for medical purposes and decriminalization of drugs or marijuana. Another leading approach, known as harm reduction, looks at drugs from a public health perspective.The effectiveness of some of these alternatives is difficult to assess. Even so, certain comparisons can be made. Advocates of treatment point to studies showing that treatment is much more effective than incarceration. Spencer notes:
The recidivism rate for first time Dade County drug offenders was sixty percent, but for those who successfully completed the Dade County Drug Court treatment programs, the recidivism rate reported by Dade County officials was only seven percent. Drug court treatment programs are also cost effective. It costs Florida only $2,000 to put a drug offender through a drug court program, as compared to $17,000 per drug offender for incarceration. As a result, other drug court programs are being established throughout the country.Similarly, a Rand study found treatment to be seven times more cost-effective than current supply-control policy in reducing cocaine consumption.G. The Incarceration of Drug Offenders is Not Narrowly TailoredIncarceration involves a far greater infringement of fundamental rights than alternatives which are both more effective and less intrusive. The incarceration of offenders is not advancing the state's asserted interests. The drug war is not narrowly tailored, failing the Supreme Court's "established method of substantive-due-process analysis" as described by Chief Justice Rehnquist. The laws requiring the incarceration of drug offenders are therefore unconstitutional, if substantive due process analysis is applied.IV. CONCLUSIONIt is true that the approach suggested in this paper would limit the police power. Constitutional protection of individual rights exists for that very purpose. We face coercive government action, carried out in a corrupt and racist manner, with military and paramilitary assaults on our homes, leading to mass incarceration and innocent deaths. We can never forget the tyranny of a government unrestrained by an independent judiciary. Our courts must end the War on Drugs.For the full article, with endnotes, see: http://www.redlichlaw.com/crim/substantive-due-process-drug-war.pdfAlbany Lawyer Warren Redlich graduated from Albany Law School in 1994. He also has a Masters degree from Stanford and a BA from Rice. He practices law in Albany, NY, handling criminal defense (including drug cases) and personal injury, along with a variety of other litigation.
Keyword : substantive due process, due process, drug war, war on drugs, marijuana, lawyer, law, supreme court

Don't Always Believe What They Tell You at the Social Security Office

2008-03-08T17:00:00.001-08:00

Author : Timothy Moore
I have a dear friend who used to work for the Department of Social Services - I used to work there too, once upon a time as a medicaid caseworker, afdc caseworker, and food stamp caseworker. Well, she just filed for title II benefits today. For those who aren't aware, title II benefits are social security disability benefits A.K.A ssd ssdi, rsdi, title II, and dib, or disability insurance benefits (leave it to the federal government to make even nomenclature a fuzzy proposition).My friend called me up after her phone interview and was a combination of all the following: indignant, irritated, and incredulous. Want to know why? Here's my recreation of the
conversation we had this afternoon (I'm no script writer, but I think I can recall most of the salient points).Me: So, you did the application?MyFriend: Yes, and I can't believe some of the things that woman said.Me: What do you mean? Was she rude?MyFriend: No, she was very nice.Me: That's good. Take it from me. That's not always the case.MyFriend: She was very nice and helpful. But if I hadn't talked to you about filing for benefits, I would have actually believed all the stuff she said.Me: Like what?MyFriend: Oh, god, you should have heard her. Everything she said to me, she was acting like I was going to get it (approved for disability) for sure. And I would probably get an answer in a few weeks, and she even started talking about what would happen when I got approved, some five month thing---Me: ---The five month waiting period.MyFriend: Yeah, she talked about that and she kept saying I wouldn't have a problem at all. Which is not even close to what you and I discussed.Me: Yep, I've heard this before. The problem is, these people at social security who take disability applications don't WORK ON THEM. All they do is take the application and send it to
DDS where the decision is made. Most of these social security field office people don't even have a clue how a case gets approved or denied.MyFriend: I remember you telling me that before. But why she did say all this stuff, like I won't have to worry and I'll get it for sure.Me: Because for one, they are clueless. Second, they want to make you feel good. I'm sure with all the disability apps they take, they got a lot of crying and anger, and the easiest way to
deal with that is to give out this spiell that has nothing to do with reality. I mean, hey, you MAY get approved on your initial application, but, statistically, the numbers say you probably
won't. And how the heck is a claims rep at the social security office going to know if you will or won't get approved? They don't work on your case. They don't order your medical records. They don't read them. But the real problem with them giving out these rosy predictions is that people absolutely take them at their word. And I've talked to a lot of people who just blindly assumed that their claim was going to get approved, just like that.MyFriend: I know it. And that's how I would have felt if we hadn't talked so much about me filing for benefits. I just would have believed that, with my condition, I should have nothing
to worry about.Me: And maybe it will turn out to be the case that you really don't have anything to worry about. You could be one of the fifteen percent (in some states) that gets approved on the
initial application. But, if I were applying, I would want to be told what my chances, statistically, really are. So I could at least prepare. Mentally and emotionally, maybe even financially.MyFriend: Yeah, if we hadn't talked, I would have just believed everything she said. In fact, I kept correcting her. Everytime she said "when you get approved", I said to her "you mean 'if' I
get approved, right?". I think finally I just said to her "How do you know I'll get approved?"Me: What did she say?MyFriend: She said it sounded like I had a good case.Me: I think you do have a good case. Your cane is prescribed and it sounds like your docs will fill out medical source statements for you. The thing is, though, the claims rep has no way to
know what will happen with your medical decision. And chances are, she doesn't even know what happens in a medical evaluation. The claims reps at the social security office don't really know squat about disability. They just take the application and pass it on to DDS where it gets worked on by an examiner.MyFriend: Well, I'm just going to assume that I'll get denied. And if I actually get approved, that'll be a nice surprise.Me: That's my advice. Assume the worst. Then, if the worst doesn't happen, it'll feel like a bonus.And that's basically how the conversation went. And the moral of the story is: don't believe everything that the social security office tells you. And here's some extra advice: always check
behind them and never assume that they really did what they were supposed to do. I know for a fact that they are understaffed and have a TON of work in these field offices. But if you're
filing a claim for benefits, those are not your concerns. Your only concern is what gets done ON YOUR CASE. And since social security disability and ssi disability are fundamentally red-tape bureaucratic creations, you're simply better off not trusting them and following behind them every step of the way.The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He
publishes a helpful FAQ on the disability process at
http://www.disabilitysecrets.com/questions.html
Keyword : article submission, articles, writers, writing, publishing, ezine, email marketing, email newsletter, email

Kelo V City of New London - Is Your Property In Good Hands?

2008-03-08T16:31:00.001-08:00

Author : Michael Pancheri
The House of Representatives overwhelmingly approved a bill last Thursday to restrict the eminent domain powers of state and local governments. The Bill, which passed by a 376-38 margin, would withhold federal money from state and local governments if they used their eminent domain powers to confiscate private property and sell it to private developers.The action by the House is in response to the Supreme Court's ruling in Kelo vs. City of New London. In that landmark case, which was decided on June 23rd of this year, the Supreme Court held that the City of New London, Connecticut, could take private property from working-class citizens and sell it to a wealthy developer to build a riverfront hotel and office complex.The ruling sent shock waves throughout the ranks of property owners everywhere and caused politicians at all levels to propose legislation that would restrict the taking of private property. The House bill that passed last Thursday is a direct reaction to the Kelo ruling. But, whether the bill ever becomes law or not, the real concern is a growing trend in this country toward the concentration of power and wealth among a few individuals at the expense of ordinary citizens.For those not totally familiar with the Kelo case, a brief summary may be helpful. In 1998, the City of New London adopted a development plan for approximately 90 acres of its Fort Trumbull area. The plan included a waterfront conference hotel, a riverwalk, restaurants, shops, 80 new residences, a new U.S. Coast Guard Museum, and a renovated marina - all of which would be immediately adjacent to a $300 million research facility to be built by Pfizer, Inc., the pharmaceutical company.In January of 2000, the city counsel approved the plan and authorized the NLDC, its development agent, to purchase the property or acquire it by eminent domain. Most of the properties were purchases but a few, notably that of Susette Kelo and several others, refused to sell. As a result, the NLDC initiated condemnation proceedings, which gave rise to the Kelo case.Susette Kelo and the other opponents argued that the City of New London's attempt to take their property by eminent domain was a violation of their constitutional rights because their property was not being taken for public use. Instead, it was being sold to private developers to build a riverfront hotel, which would be privately owned and operated. The opponents cited the Fifth Amendment to the Constitution, which reads - in relevant part - as follows:". . . ; nor shall private property be taken for public use, without just compensation." [Emphasis added.]In a 5-4 decision, the Supreme Court held that the City of New London did not violate the opponent's rights under the Fifth Amendment's so-called "taking clause." The rationale for the decision, according to Justice Steven's majority opinion, was not whether the property to be condemned by the City of New London would be put to a public use, but whether the City of New London's development plan - as a whole - served a "public purpose." In deciding that question, he noted that the Court had a history of construing a "public purpose" broadly and that deference had to be given to a legislature's determination in that regard. "When the legislature's purpose is legitimate and its means are not irrational," the Supreme Court will not second guess the legislature. In this case, the City of New London's development plan was, according to the Court, "carefully formatted" and the city believed that the development would "provide appreciable benefits to the community, including--but by no means limited to--new jobs and increased tax revenue."However one defines the rationale of the Court, it is clear that property rights under the Fifth Amendment were substantially eroded by the Kelo decision. Before the Kelo decision, private property could only be taken for a public use; i.e., for use as a road, a museum, a public office building, etc. Now, following Kelo, a local or state government is able to take private property and transfer it to a private developer as part of a so-called development plan.The Court made it clear, however, that a local or state government can only give confiscated property to private developers when it is part of a development plan that serves a "public purpose." The Court did not define "public purpose." Instead, it said that the term "public purpose" had to be broadly defined and that deference had to be given to a legislature's determination in that regard. So, not only did the Court give local and state governments the right to take private property and give it to private developers, it also left it up to local and state governments to decide for itself when it was appropriate to do so. In so doing, the Court gave every local and state government the right to take private property without so much as a wink and a nob from the Courts.But that's not the end of it. Legislators are, for the most part, good and decent people who generally want to do right by their constituencies. The problem comes from big corporations and wealthy individuals who want more. In the past, their efforts to acquire property were relegated solely to negotiating with property owners, who often demanded a premium for their property or sometimes refused to sell altogether. Now, following Kelo, if their efforts to negotiate with property owners are not successful, they'll go directly to the politicians to have the property confiscated.Can we be comforted by the fact that our local and state politicians will not be unduly influenced by big corporations and wealthy individuals? Certainly, the citizens of Connecticut already know how undue influence and corruption can affect their politicians - their former governor and a host of his lieutenants are already in jail or packing their bags because they steered lucrative land deals to private developers. In his dissenting opinion in the Kelo case, Justice Thomas also recognized this inherent danger when he stated that, "It encourages 'those citizens with disproportionate influence and power in the political process, including large corporations and development firms' to victimize the weak."Justice Stevens also recognized the danger inherent in the Court's decision. In the final paragraph of his opinion he states that, "We emphasize that nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power." Of course, if private interest groups will try to influence local and state politicians in order to obtain private property through eminent domain, then it's not unreasonable to believe that they will also try to influence those same politicians in order to defeat any restrictions on their eminent domain powers.So, we come back to the bill overwhelmingly approved by the House of Representatives. The question now is what effect will private interest groups have on the upcoming Senate vote. If they are successful in killing this bill, then we can be fairly sure that local and state politicians, as well as property owners everywhere, will have to brace themselves for a tough ride.Attorney Michael P. Pancheri is the founder and CEO of the Living Trust Network. You may contact him by email at info@livingtrustnetwork.com. You may also contact him at the Living Trust Network's web site. Its URL is http://www.livingtrustnetwork.comCopyright 2005. LivingTrustNetwork, LLC.
Keyword : eminent domain,Kelo v. City of New London, U.S. Constitution,5th Amendment

Is Small Claims Court For You?

2008-03-08T16:00:00.001-08:00

Author : Gerry Oginski
The Benefits Of Small Claims CourtJohnny B. Good walked into the photo store with seven rolls of film to develop. "I'd like my honeymoon photos developed as soon as possible. We were in Italy and I took the most amazing pictures in my life," he said. "No problem," answered the clerk at the photo store. "We'll have them ready by the end of the day," she replied. After work, Johnny returned to the photo store to claim his developed pictures. "Uh, are you sure you brought them in?" asked a different clerk. She looked everywhere, they couldn't be found. The next day the clerk who took the film learned that the cleaning person inadvertently threw 10 rolls of undeveloped film in the trash. Furious, Johnny demanded justice. "These are irreplaceable memories. Memories of a lifetime! What am I going to do?"Q: Does Johnny need a lawyer? Can he handle it himself in small claims court?A: Johnny doesn't need a lawyer. Small claims court is the perfect place for this claim.Johnny needs to file a claim in his local small claims court. There's a small fee to start the case, and they give you forms telling you what to do. Make sure that you keep all documents and on the day you are scheduled to appear in Court, make sure you arrive with all of your witnesses to support your claim. There's only a Judge, no jury in small claims court, and make sure you are dressed neatly and cleanly.The rules of evidence are the same in small claims court, but there is a tendency to be less formal since the litigants are not lawyers. Do not forget that the Court is still entitled to respect and the proceedings are recorded either by tape recorder or by court stenographer. After all witnesses tell the Judge their version of what happened, the Judge will usually put his decision in writing and mail it to the litigants. (They do this so that the losing party doesn't start screaming, yelling, and disrupting the courtroom immediately after a decision.).IS IT WORTH IT TO GO TO
SMALL CLAIMS COURT?The short answer is yes. The long answer may be no. In small claims court in New York, you will get to present your case to the Judge rather quickly after you've filed your claim.But if there are adjournments by either side, then you will have appeared multiple times, lost time from work on each occasion, and waited endlessly in the courtroom, simply to be told that you must come back on another day.Remember, there are hundreds of small claims filed every week. On any given day, the Judge might have 20-40 cases to dispose of. Not each case requires a trial, and many cases get put off for another day. Some cases may be resolved in a binding mediation with a lawyer appointed by the Court.You must determine whether the time you are going to spend waiting around a courtroom for justice is worth missing at least partial days off from work. If you choose to have your case heard in the evening session because you can't get off from work, just keep in mind that you're not alone. Lots of other folks will also be there waiting to have their case heard.While in the courtroom, you can expect to hear cases that are very trivial. You might even wonder why someone would bother to bring a claim for such nonsense, or why they'd spend any of their valuable time pursuing such a ridiculous claim.The answer to the question stems from the right every citizen of this State has- the right to bring suit if they feel they've been wronged by someone else. That's the price of freedom. Democratic countries allow its' citizens the right to seek compensation for damages, whether it's personal injury or a contract that was broken. A promise is a promise. People should be held accountable for their actions.Are there cases that even in small claims court don't belong there? Probably yes. But we, as spectators, don't have the right to criticize the claim, only the process. Does it make for interesting viewing? You bet. Even better than daytime TV or the latest reality show! Why? Because this is real life. This is reality.So, to answer the question 'Is it worth it to go?' Yes. Everyone should go at least once, if only to observe the small matters that are important to people.Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
Keyword : small claims court, small claims, lawsuit, grievance, injury, injustice, fraud, justice, lawyer, law

HIPAA Compliance 101

2008-03-08T15:31:00.001-08:00

Author : Chris Tolamalu
What is HIPAA?The U.S. Congress ordained the Health Insurance Portability and Accountability Act (HIPAA) in 1996. Title I of HIPAA protects health insurance coverage for workers and their families when they lose or change their jobs. According to title II of HIPAA, the Administrative Simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers. The AS provisions also address the security and privacy of health data. The purpose of all these standards is to improve the efficiency and effectiveness of the nation's health care system by encouraging the widespread use of electronic data interchange in health care.The AS provisions are applicable to only 'covered entities'. Covered entities are those health care providers (e.g. doctors offices and hospitals) which engage in electronic transactions as per the HIPAA/EDI rules, health plans (which includes health insurance companies and employer-sponsored 'group health plans'), and health care clearing houses.Applying HIPAA ProvisionsCertain key provisions need to be followed for HIPAA compliance. Individuals should be able to access their records and request correction of errors. Also, they should be informed about how their personal information will be used. The 'protected health information' (PHI) indicates that the information cannot be used for marketing purposes without the explicit consent of the patients in question. People should be able to ask their covered entities (which maintain PHI about them), to ensure that their communications with the patient are confidential. It should be possible for people to file formal privacy-related complaints to the Department of Health and Human Services (HHS) Office for Civil Rights. Covered entities should document their privacy procedures, however, they have discretion on what to include in their privacy procedure. Covered entities are required to designate a privacy officer and train their employees. Covered entities can use an individual's information without the individual's consent if the purposes is to provide treatment, obtain payment for services and to perform the non-treatment operational tasks of the provider's business.Chris Tolamalu is interested in HIPAA compliance. See http://www.hipaacompliancejournal.com for more information.
Keyword : HIPAA,health insurance,insurance

What About Alabama Child Support!

2008-03-08T15:00:00.001-08:00

Author : Holcy Thompson III
Alabama Child SupportIn order to receive Alabama child support you must first establish child support. In order to establish child support in the state of Alabama, you must make sure you have a court order verifying the amount of medical support and payment required. You must also locate the non-custodial parent who is avoiding child support. Some parents avoid paying child support by relocating to another state. If you have difficulties locating the non-custodial parent, there are several agencies the will help assist you on locating the missing parent.Child Support PaymentsAlabama child support payment can be collected by using a system called Alabama Location Enforcement Collection System. Once payments are received at the Alabama Child Support Payment Center, they are distributed to the payee. Alabama has a voice response system which provides automated information on payments and distributions. It is a 24 hour a day service and you can find the number at the address below.Alabama Child Support EnforcementIf a non-custodial parent refuses to pay child support, then the Alabama child support office has several actions on enforcing those child support laws. One action it to intercept the tax refund checks. Anytime that a non-custodial parent owes or is refusing to pay child support , the state of Alabama has the right to confiscate any tax refund checks made to the non-custodial parent. Another action would be to garnish the wages from the non-custodial parents pay check. The Alabama Child Support Office will contact the employer of the non-custodial parent and informed them on how much needs to be deducted in order to satisfy the child support payments.End of Alabama Child SupportChild support usually ends when the child reaches the age of 19 or when they graduate from high school, or if they are emancipated,whichever happens later. However, if the child attends college and is not working, the non-custodial parent still has an obligation to continue the child support payments.In these hard times it is very important that single parents files for child support. Every child deserves the right to a healthy and prosperous life. Receiving the child support you and your child deserves will help both the parent and the child live that healthy and prosperous life.Click for more info on Alabama Child SupportOrVisit the Child Support Laws Home Page
Keyword : alabama child support, child support laws, alabama, child support, child, support

Virginia Workers Compensation Mistakes: Ten You Should Avoid

2008-03-08T14:31:00.001-08:00

Author : Jerry Lutkenhaus
I have been practicing Workers Comp Law for 30 years as a Virginia Workers Compensation Lawyer and these are the mistakes I see claimants repeat again and again which often means a denial of their comp claim.FIRST, many claimants fail to report an injury right away thinking it is trivial or that they will shake it off. Many claimants do this because they don't want to be fired. However, many employers have a policy requiring reporting of an injury immediately to a superior within 24 hours. If a claimant violates this policy, the employer will usually deny the claim. Also, the Virginia Workers' Compensation Law requires reporting of an accident to an employer within 30 days of the accident.SECOND, many claimants delay going to a doctor for an injury. This can be a big mistake because most employers only acknowledge an injury if the claimant goes to a doctor. Moreover, the longer one waits to go to a doctor, the more difficult it can be for the doctor to link the impairment to the accident.THIRD, most claimants provide the adjuster a recorded statement about the accident without obtaining professional advice. If there is a problem with the claim, the adjuster will use the recorded statement to pin down the claimant's version of the story without the claimant knowing he or she even has a problem.FOURTH, many claimants think they can switch doctors. The law requires the employer or its insurer to provide a panel of three doctors to the claimant. From that panel, the claimant is required to pick his/her doctor. Once this doctor is chosen then the doctor becomes the treating doctor for the claim. It is then very difficult to switch doctors.FIFTH, many claimants settle their claims without knowing the real value of the claim. Every claim has the potential for lifetime medical coverage and 500 weeks of compensation in Virginia. The claimant needs to speak to a knowledgeable workers' compensation attorney before settling any claim.SIXTH, many claimants go to a hearing without an attorney. They do not know the insurance company will always be represented by an attorney. They do not know their claim may involve technicalities that will lose them their claim. Many think if they lose they can always appeal and then obtain an attorney. Of course, this violates the old saying that says "he who represents himself has a fool for an attorney." They also do not know that mistakes made at the hearing can rarely be corrected on appeal because no "new evidence" is allowed on appeal.SEVENTH, many claimants think the claims adjusters or the insurance company nurse or the insurance company rehabilitation worker is working for them. They don't realize they are in an adversarial relationship and that any confidences they volunteer can be used against them.EIGHTH, even if the insurance adjuster accepts the claim the claimant has to be careful. The adjuster will be sending the claimant an AGREEMENT TO PAY form. The claimant has to check to make sure all the injuries he/she has suffered in the accident are recorded on the agreement form. If they are not, then the injuries left off can be lost if they are not added to the claim within two years of the accident. For example, often an arm or shoulder injury will mask a neck injury. If the neck injury is not recorded, then it can be lost even if the doctor is treating the neck injury.NINTH, many claimants do not realize the insurers may continue to investigate a claim even after the claim has been accepted. Especially, if the claimant is on compensation for "chronic pain," the insurers will often have the claimant secretly videotaped hoping to show the claimant doing activities demonstrating he/she is not disabled.TENTH, many claimants do not realize once they are released to light duty work the insurers will try to have the claimants placed in light duty work. They will first try to place the claimant back with the original employer. Next, they will hire a vocational rehabilitation specialist to place the claimant in alternative light duty work. Many claimants do not realize they have to be available from 9-5 five days a week to do a job search with the job specialist. Missed appointments or any failure to cooperate can result in a suspension of compensation.IN SUMMARY, many of the above mistakes listed above can be avoided if the claimant consults early on with an attorney who is a specialist in Virginia workers' compensation law.This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.Gerald G. Lutkenhaus has been representing claimants in Virginia for over 30 years. In the July 1999 issue of Richmond Magazine he was rated one of the Best Workers' Compensation Lawyes in Central Virginia. In 2003 he received the "AV" rating from Martindale-Hubbell, its highest rating for lawyers. In 2005 he was selected for the Bar Register of Preeminent Lawyers.
You can get more information from http://www.virginiadisabilitylawyer.com or http://www.geraldlutkenhaus.com.

You can call Jerry Lutkenhaus now for a free consultation at 804-358-4766.
Keyword : virginia workers compensation attorney, virginia workers compensation lawyer,virginia injury lawyer

Road Accident Compensation

2008-03-08T14:00:00.001-08:00

Author : Julian Hall
Before making a road accident compensation claim, there are special issues which may affect liability.Council Immunity: This states that a victims injury may limit an injury victim's ability to sue when the driver of the vehicle that causes an accident is a council employee who is working at the time of the accident, or where the accident involves a council-owned vehicle in view of a road accident compensation claim.Owner Liability: This states that even if a vehicle is borrowed to a third party, if an accident ensues, the owner may be jointly liable for damages caused by the third parties fault.Company / Employer Liability: This states that here an employee is driving a vehicle "on the job", or within the course and scope of employment, the employer can be jointly liable for injuries caused by the employee's negligent driving conduct.Mobile Phone Usage: Mobile phone usage whilst driving is banned in the UK. Employers may want to consider the following best practice guidelines. Mobile phones should be switched to voicemail when the user is driving. Emergency calls only should be made / received when on the move
Employees should be encouraged to only make or receive calls - even with a hands-free kit – when they are safely parked away from the road. Any accident caused in this way will affect any road accident compensation claim .Insurance Cover
The insurance problems car accident victims have with insurance coverage typically fall into three categories:Uninsured Driver - Unfortunately there are a growing number of people who are driving without any car insurance, an MOT and in some cases a driving license. In the UK, there is an organisation called the MIB (no they don't wear black suits) which stands for the "Motor Insurers Bureau" who deal with paying out claims against uninsured drivers. This was set up to offer victims of uninsured drivers a way to gain a Aroad accident compensation claim that could then be reclaimed from the uninsured.Underinsured Driver - Underinsured Motorist coverage is the term used when the other vehicle's policy limit is inadequate to pay for all your damages.
Provided you have a Standard Policy, your own insurance company may pay for damages to your vehicle caused by; any person or organization who did not have liability insurance at the time of the accident. Any person or organization who had adequate liability insurance coverage at the time of the accident, but for some reason, the company writing the insurance denies that their policy provides coverage for the loss. Any person or organization who did not carry enough insurance to pay for your damages in full. If you only have a Basic Policy, you do not have any protection if your vehicle is damaged by either an uninsured or underinsured driver.
Insurance Company Bad Faith - Anxiety and distress are natural emotions caused when an insurance company refuses to pay. In many circumstances there may be a legitimate reason for the insurer not paying, but there have also been a number of cases where the insurance company's refusal has been considered unreasonable, unfair and in 'bad faith'. In legal terms, the insurance company has acted in breach of contract.****************************************************************If you need advice or would just like to speak to someone, please don't hesitate to give Claims Master Group a call on 08000 71 22 71.The Personal Injury, Accident Claim, No Win No Fee, Road Accident Compensation specialists.ClaimsMasterGroup.comJulian Hall is the director of Claims Master GroupThe Personal Injury, Accident Claim, No Win No Fee, Road Traffic Accidents specialists.
Keyword : Personal Injury,Accident Claim,Personal injury,accident at work,road accident,road traffic accident,

Personal Injury Lawyers - What to Look for in a Personal Injury Attorney

2008-03-08T13:31:00.001-08:00

Author : C.L. Haehl
Choosing a good and capable personal injury attorney is essential to winning a personal injury case and receiving restitution. If you were injured in an automobile accident or work-related accident, getting compensated for medical bills and loss of income may require the assistance of an experienced attorney. Those at fault may offer a settlement. However, the settlement is usually far les than what the injured party is entitled. Personal injury lawyers know several tactics and methods that will ensure maximum compensation.Before the initial meeting, a personal injury attorney will request clients to provide specific documentations. This may include medical bills, filed police report, insurance company documents, etc. Prior to accepting a case, most personal injury attorneys will carefully review your claim, and discern whether you have a chance of winning. Some personal injury attorneys only receive payment if the case wins; thus, they will not pursue an unsupported claim.There are a few basic guidelines to consider when choosing a good personal injury lawyer1. Is the lawyer experienced? There is nothing inappropriate about wanting a well-trained or skilled personal injury attorney. During the initial consultation, inquire of the attorney's level of expertise. How long has he or she been practicing law? How many personal injury cases have they won? If the attorney has little experience in this area, you might consider contacting a more knowledgeable attorney. In fact, the less qualified attorney may be willing to recommend a veteran associate.2. If possible, choose a personal injury lawyer that primarily represents the plaintiff. Some lawyers represent both types of clients. However, a lawyer that specializes in plaintiff cases may show more dedication to your claim, and go the extra mile to guarantee a large recovery. On the contrary, if someone files a personal injury claim against you, consult a defense attorney.3. Furthermore, it is important to choose a "quick to respond" personal injury attorney. The lawyer handling your claim should return your phone calls within an acceptable time frame, and keep you up-to-date on their progress. If the other party is reacting with harassing correspondences or telephone calls, the personal injury attorney selected should express concern and immediately respond to the problem. Failure to do so may indicate an unconcerned or apathetic attorney.Visit this page for Recommended Personal Injury Attorneys in Your Area.
Keyword : personal injury attorneys, lawyers

Fraud - Check Fraud Statistics

2008-03-08T13:00:00.001-08:00

Author : Michael Russell
In this article we're going to cover check fraud. Check fraud is the copying and/or duplicating of checks, usually using desktop publishing programs, for the purpose of purchasing goods or services using someone else's account. The victims of this fraud include financial institutions, businesses who still accept checks and the consumer himself who has had his checking account compromised. In most cases the crimes begin with the theft of the document. This is as easy to do as somebody breaking into your home and stealing a blank check or even going through your garbage to steal an old canceled check. After that, it is a simple matter to forge your bank account number to go with a new ID. While it doesn't make up the majority of financial fraud, now that we have credit cards and online shopping, it is still a problem that accounts for a great amount of money each year. How much? Let's take a look at some statistics.In one year merchants take in over $13 billion dollars in bad checks. Each year shows an increase of about 18 percent. This number is still expected to grow in spite of the fact that more and more purchases are made online or with credit cards.It is estimated that 75% of the vendors use third party verification services. This makes it more likely that bad checks are going to get through as opposed to vendors who use manual approval methods or some in house system. Unfortunately, it is cheaper to go with a third party service and that is why most vendors do so.It is estimated that more than 2.2 million bad checks enter the system each day and they expect this number to increase anywhere from 2 to 4 percent over the coming years. This is a staggering figure when you project this out over the course of a year.On the average, banks charge about $20 per each bad check to the person who issued the check and $5 per check to the person who deposited the check. Of course in many cases of stolen checks, the person being charged back doesn't even realize a purchase had been made.According to the American Collectors Association, Americans write about 1.7 million bad checks each day totaling more than $50 million in bad check losses. This is the largest figure world wide and it is growing daily.As to the checks that are stolen or forged, the number of these that are written each year comes out to about 500 million checks and over $10 billion in lost revenue. Check fraud in itself is expected to grow at a rate of about 2.5% each year according to the current trend.The average number of fraudulent checks written daily is about 1.4 million which comes out to about $27.3 million worth of fraudulent checks written everyday.According to the National Check Fraud Center, check fraud and counterfeiting are the largest and fastest growing problem that the United States financial system now faces. The estimated losses produced annually are over $10 billion and is expected to rise substantially over the coming years.
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Michael Russell
Your Independent guide to Fraud
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Keyword : fraud,checks,cheques

California DUI Records

2008-03-08T12:31:00.001-08:00

Author : Ken Marlborough
A DUI record is the information book of an individual's DUI arrests. Offenses that can be considered criminal in any DUI related accident are reported in DUI records. Registrations of DUI records are done by agencies like the legal system, the motor vehicles department and law enforcement agencies. DUI records remain with these organizations for years and can be easily accessible at any point of time by anybody. Factors like repeating offenses, higher blood alcohol level, children involvement in the accident, vehicle's speed, injuries, etc. could increase the harshness of DUI records.Drunk driving is the worst crime and could hamper your life if you have any DUI records. You should clear the DUI records to lead a normal life. Having a DUI record means you are criminal and thus cause considerable damage. The whole process is confused and fearful so that person could not repeat it again. You could lose your job because no one wants to hire a person who has DUI records. It gives you emotional and mental frustration and a state of helplessness. Besides, you have to take alcohol classes, pay enormous fines, high insurance costs, etc as a punishment. The effect of the punishments will harm you for many years to come.A well-qualified and professional DUI attorney can help to minimize the severity of DUI records and in some cases they can eliminate your DUI records completely. Removing DUI records from a personal profile is a great relief to the person charged in a DUI case. You should clear your DUI record and minimize your personal damage. DUI record is a criminal label and thus causes damage and confusion. On one hand it is important that it teaches the drunk driver a lesson but on the other DUI records affect your life badly even after the incident. So you should take immediate action to minimize the damage and clear your DUI record as soon as possible, with the help of any reputable attorney.California DUI Lawyers provides detailed information about California DUI lawyers, California alcohol treatment, California DUI arrests, California DUI defense and more. California DUI Lawyers is the sister site of Florida DUI Attorneys.
Keyword : California DUI lawyers, California alcohol treatment, California DUI arrests, California DUI defense

Louisiana Probate Lawyers

2008-03-08T12:00:00.000-08:00

Author : Eric Morris
Though the Louisiana state laws may ostensibly appear similar to the laws in other American states, they are essentially different and have to be presented and interpreted in a manner very specific to the court system prevalent in the state of Louisiana. Therefore, it is advisable to hire a lawyer who is well versed with the finer points and knows the ins and outs of the Louisiana Probate Law.Probate law deals with the estate left by a dead man, to ensure that the assets are justly distributed among the heirs and the descendants in his family, and the creditors are paid properly. A probate is a petition presented before a court to name the representative of the deceased so that his legacy is properly administered. The court publishes a public notification and the parties involved appear before it and are paid their due.Though the process appears quite simple at its face, it is quite complicated when the depositions of the claimants run at cross-purposes against each other. This happens more often in the state of Louisiana, where the laws are different from other American states.So if you are involved in a similar case in the state of Louisiana, be sure to hire a lawyer who is well versed with the special probate laws of the state and understands the importance of the legal procedures there. The state of Louisiana requires a certain format for preparing documentation, and only a specialist can understand exactly the procedures and standards set by the state. Failure to understand the state law and follow it up properly may delay the determination of the case. It is therefore advisable to hire a lawyer right in the beginning of the case, rather than trying to settle it through one's own efforts and be frustrated later on.A Louisiana Probate Lawyer may have to prepare a notarized testament in accordance with the probate laws of the state before it is executed. Only a lawyer can write it. Like the common cold with multitudinous strains, which can be differentiated and diagnosed by a doctor only, probate problems are sometimes very singular in nature and therefore require a unique approach and presentation for their resolution. Thorough enquiries should therefore be made before selecting a lawyer to deal with your probate problems in Louisiana.Louisiana Lawyers provides detailed information about Louisiana lawyers, Louisiana probate lawyers, Louisiana real estate lawyers, Louisiana divorce lawyers and more. Louisiana Lawyers is the sister site of New Jersey Business Lawyers.
Keyword : Louisiana lawyers, Louisiana probate lawyers, Louisiana real estate lawyers, Louisiana divorce lawye

How To Talk To The Police When Stopped For A Traffic Violation

2008-03-08T11:31:00.000-08:00

Author : David Quinn
When I first started police work about 10 years ago, I would never of guessed in a million years I would see what I see daily. I'm not talking about the stuff that everyone associates with police work, like murder scenes, accidents, gangs, etc., those are a given. I'm talking about traffic stops specifically, and how you're talked to as an officer on these stops at times.Let me explain. Here's a situation I was in one time where I was working a school zone area. We had received numerous complaints from the school that people were constantly speeding up and down the road. Of course, there were children in the area so it was somewhat serious. Let me also add, my general rule as an individual officer is (and every officer is different), is stopping for 15 MPH over, and issuing the ticket for 5 MPH over. I think that's more then fair, and most people are happy to hear that. But there's always that one guy or girl that wants to give you a hard time as a police officer.I can remember stopping a guy that was going 19 over (54 MPH in a 35 MPH zone). The guy was very polite until I came back with the ticket for 5 over. That's when all hell broke lose. He started yelling at me, and even tried getting out of his car (I pushed it back shut and told him to deal with it in court, not here). Literally, for about 4 minutes, I listened to him yelling at me telling me he was having a bad day and that he didn't deserve a ticket because of that. He was yelling so loud that he was spitting as he was talking. If you were driving by, you might think he was having a seizure or something (this example is a little more extreme then most).The whole time, I'm trying to be nice explaining that its only for 5 over; that other people were cited for the same amount; etc. But he didn't care (one thing you learn after working the streets for awhile is no matter how much you talk, how convincing, how much proof, etc. you have, some people DO NOT want to hear what you're saying).Long story short, I finally got mad and told him to wait in his car. I went back to my cruiser for a moment and put the ticket back to the original amount of 19 MPH over (as the ticket was never actually issued since he refused to take it originally). When I returned, I listened for about 10 seconds, and tossed the ticket in his car since he wouldn't take it, and walked away. There was no point in standing there as he had his mind made up.The whole point to this is all I wanted to do was issue the ticket while at the same time giving him a break. But some people don't want breaks. I can't tell you how many people I've dealt with that are rude and disrespectful during a stop. I don't mind people asking me why I stopped them, or even explaining why they did what they did; that's all fine, but yelling at me isn't going to help.So I've put together some examples of things NOT to do to help yourself on a traffic stop:1. Be respectful just as you would when talking to a friend or family member. You don't have to kiss up, but you should try to be professional and polite when talking to the officer. Its important to remember that officers take in a lot everyday, and their patience starts to wear thin.2. Don't yell out immediately "Why did you stop me!" I can't tell you many times this actually happens. I even get a lot of "Why the f**k did you stop me?" It still amazes me. Obviously this will not help you at all.3. Showing off in front of your friends in the car is not good. For instance, ignoring the officer while he's standing there, keeping your radio turned up loud, looking away, etc.4. Blatant lying. Probably 7 out of every 10 people I stop tell me they didn't do what I just saw them do. If you're going to do this, at least be a little bit convincing. For example, I've had people tell me far fetched versions of coming to a complete stop at a stop sign for instance, when they went through it so fast I've had to look up to make sure the sign was still posted. I can tell you from personal experience, the people that are honest with me, apologize, and tell me the reason (i.e. I'm running late for work, I apologize) will usually get the breaks. My personal attitude is since its been my experience that since I feel that most are being dishonest with me, why not reward the ones that are honest.5. Fake tears. If an experienced officer suspects that you are crying purposely to get out of a ticket, you will almost always get the ticket and no break.6. Telling the officer things like "You don't have anything better to do with your time?" and "You mean to tell me this is more important then catching a bank robber?" These statements are all too often used, and will not help you at all.These are just a few things you can do to help yourself when getting pulled over. Just remember, these officers are just doing their jobs. The more resistance you give them in doing their jobs, the more resistance you're likely to get yourself. If you're convinced you did nothing wrong, don't argue with the officer; handle it in court. Explaining your case to a judge or magistrate in a calm, professional and logical manner will go much farther then arguing or giving the officer a hard time in the street.You can find more information at http://realpolice.net on legal questions, research, police reviews, police vidoes, news, and much more.(This article may be placed on your website as long as the above paragraph and active link is not removed or altered in any way).
Keyword : police,police officer,cops,ask a cop,legal,police question,traffic stop,speeding,attorney

Legal Will Forms

2008-03-08T11:00:00.000-08:00

Author : Jason Gluckman
A will is a very important document, which may affect the life and the fortunes of your loved ones, and all those you want to benefit after your death. It should, therefore, be prepared with utmost care and consideration. There are certain important points that must be considered before using the Legal Will Forms.The first point to be noted is that the form which you choose should conform to the latest provisions in the law regarding the formation of Wills. There are numerous types of Legal Forms available free on the web. You can download any number of them just by clicking your mouse. But these forms may not be current with the latest legal provisions.An outdated Legal Form may kill the very purpose of your Will and land your beneficiaries, which may include your family, friends and charities, into endless litigation, harassment and other problems. A free form may save you a few bucks, but may defeat its purpose. A good Legal Will Form should take care of such and important issues in your Will.It is therefore advisable to choose a Legal Will Form prepared by a reputable law firm specializing in preparing wills and testaments. Make sure your Will conforms to the laws of your state. If you have any apprehensions, check them out with some expert.As regards finding a reputable law firm publishing Legal Forms, you can always consult the Internet. You may also consult your friends, especially those who have already made Wills. Some of them may have confronted some unexpected problems and can guide you to beware of the same. The best course, however, is to consult some legal expert in this regard.Legal Forms provides detailed information about legal forms, business legal forms, divorce legal forms, free legal forms and more. Legal Forms is the sister site of Medical Power Of Attorney.
Keyword : legal forms, business legal forms, divorce legal forms, free legal forms

Florida DUI

2008-03-08T10:31:00.000-08:00

Author : Max Bellamy
Like most states, there is a DUI law in Florida. DUI stands for "driving under the influence of alcohol." Getting arrested and charged with a dui is a criminal offense, because you are not only endangering yourself but those with or around you.When the alcohol percentage in human blood is 0.08% or higher, the person may be booked under DUI in Florida. It is important to remember that DUI laws vary from state to state in their severity, and some states may have a law that is a bit more relaxed than others. However, all states are unanimous in their views that driving while drunk is a crime that can end or destroy a lot of lives, and there must be steps to curb it.When a person is arrested on DUI charges in Florida, he has approximately ten days to ask for a hearing with the Florida Department of Highway Safety and Motor Vehicle (FDHSMV) to protect his license from being confiscated permanently. If the person fails to request such a hearing, it may lead to a six-month jail term that could drag on for 18 months.Punishments in Florida DUI arrests are varied with far-reaching consequences. There are fines that start at a $250 but could shoot up to $2000 or beyond, depending on the nature of the damage done and the number of times the person has been caught committing the same offense. There are severe jail terms too that a person might have to face. These jail terms could be between six months to five years. Community service, with alcohol education classes is also a mandatory requirement.If you are arrested in Florida for a DUI, it is extremely important to get in touch with an expert DUI attorney without delay. Other than retaining a good lawyer, visiting highly informative websites that talk about Florida DUI are a big help. However, it is always advisable to drive in a sober state so that such unfortunate incidents can easily be avoided.Florida DUI provides detailed information about Florida DUI, Florida DUI arrests, Florida DUI attorneys, Florida DUI laws and more. Florida DUI is the sister site of California DUI Lawyers Info.
Keyword : Florida DUI, Florida DUI arrests, Florida DUI attorneys, Florida DUI laws

DNA Paternity Testing 5 Key Questions You Should Ask Your DNA Testing Provider

2008-03-08T10:00:00.001-08:00

Author : Peter Vine
DNA paternity testing in its purest form is the application of DNA technology to provide information about the parentage of an individual (usually a child). The mother of the child is rarely disputed, and most of the time DNA testing is requested to inform the likely father of a child.DNA is inherited from our parents, with half coming from the mother, and the other half from the father. This pattern of inheritance allows the opportunity where the mother of the child is not disputed, to produce a putative DNA profile of the biological father. The process is relatively simple in that the final DNA profile of the child is composed of a series of bands which can only come from the two parents. If the mother's bands are deducted from the child profile the remainder must come from the biological father. Any male that may consider himself the father can have a DNA profile produced and compared against the remaining bands in the child's profile.There can only be two outcomes from this type of comparison. The first is a 'no-match' scenario where the remaining bands in the child's profile could not have come from the sample obtained from the alleged father. This is known as exclusion and eliminates the possibility of this individual being the biological father of the child. The second is a 'match' scenario where the remaining bands in the child's profile could all be accounted for by comparison with the alleged father. If this is the case the significance of the match needs to be assessed by a DNA interpretation expert who will provide a degree of certainty associated with the likelihood that the alleged male is the biological father of the child.Before you commission any Paternity DNA testing you should be sure you have clear answers to the following 5 key questions:1. Has the DNA testing facility been accredited by a validated external body such as the American Association of Blood Banks (AABB). If the answer is no, do not have your testing done by this company, you may not be able to rely on the results.2. Does the company carrying out the DNA testing have a thorough track-record in this area of work, and have they proved their technology in court? Be wary of companies that sub-contract their testing. DNA profile interpretation can be a tricky business, and there is a lot at stake when you commission a DNA test, and you want reassurance on the reliability of your service provider.3. Is the company you are planning to use an accredited laboratory or merely a broker? Brokers are simply in this game to make money, and have no interest in the quality or the impact of this life changing technology. Avoid them irrespective of the tempting pricing they may offer you.4. What degree of certainty does the company provide in relation to the results of the tests? An exclusion should be 100% with an inclusion at, at least 99.99% confidence levels. These are the figures that are expected in a court of law.5. Does the internal quality standard require duplication of all results before they are reported to the customer? This is an industry standard requirement which is often overlooked by some of the 'cheaper' DNA testing providers.If the answer to any of these questions is unclear, my strong advice is to find an alternative provider. You simply do not want to trust such an important piece of work to a company that does not guarantee a top quality product, with excellent customer care back-up.If you want to find out more about DNA Paternity Testing click on the links in the author section below.Peter Vine is a successful online publisher of Home-DNA-Test-Expert.com
He provides practical advice and the latest information on all aspects of DNA Paternity Testing, which you can readily research on his website.
Keyword : DNA Paternity Testing, DNA testing, Home DNA testing, DNA Paternity Test

Pol Pot's Perspective on Chauvinism

2008-03-08T09:31:00.000-08:00

Author : Vicheka Lay
I. IntroductionPol Pot was actually the initiator of the Revolutionary Organization, whose policy completely transformed the Cambodia’s national administration. From the time he was a child, till he was a Sisowat College professor, Pol Pot was deemed as “nationalist” by many people, especially by his students and those who attended his lectures. Though it was depicted by Keo Samuth that “Under Pol Pot, for three years, eight months, and twenty days, our people lived in hell” (Fox&Ung, 1998, p. vi). Pol Pot deployed the doctrine of “chauvinism” to craze people’s mentalities and to legitimize his aggressive revolution. Understanding Pol Pot’s chauvinism means understanding more about his way of leadership, and Cambodia’s chronology.II. Pol Pot’s ChauvinismEducated in France, highly experienced in college teaching, and simple taste, Pol Pot and his ideals represented good virtues, such as social and economic equality, anti-corruption, desired by average Cambodians. At that time of crisis, Pol Pot was deemed as a hero to bring about changes in Cambodian social order to improve basic living conditions of the poor and the uneducated. All of these ideals embraced most of the poor peasants, so they eventually accepted this view and took up arm for the impending victory.This vision is also apparently seen in the preamble of The Democratic Kampuchea’s constitution, paragraph 4;whereas the entire Kampuchean people and the entire Kampuchean Revolutionary Army desire an independent, unified, peaceful, neutral, non-aligned, sovereign Kampuchea enjoying territorial integrity, a national society informed by genuine happiness, equality, justice, and democracy without rich or poor and without exploiters or exploited, a society in which all live harmoniously in great national solidarity and join forces to do manual labour together and increase production for the construction and defense of the country . (Jennar, 1995, p. 82).In March 1988, while teaching about the domestic situation insides Cambodia, he abruptly stopped the lesson and asked, “What can we do to make the people love us?” Several brigade and division commanders suggested exposing the corruption of other factions and demonstrating the Red Khmer’s patriotism; others maintained that the key was economics…Pol Pot kept shaking his head, dissatisfied. Then a battalion commander in the back row raised his hand and responded, “We must put ourselves in the same position as the poorest of the poor, then the people will crowd around us and love us.” “Yes,” cried the teacher, delighted that one of his lowest ranking students had answered correctly. “Yes! Yes!” (Chandler, 1999, p. 175).In his September 1979 speech, Pol Pot compared the monuments of Angkor favourably with the liberation of Phnom Penh;Long ago, there was Angkor. Angkor was built in the era of slavery. Slaves like us built Angkor under the exploitation of the exploiter-classes, so that these royal people could be happy. If our people can make Angkor, they can make any thing . (Chandler, 1996, p. 246).This statement, Pol Pot might want to refer back to during-Mohanokor Cambodia, when Cambodia was a powerful empire, owned many big and small territories outside its own sovereign state. In 27 September 1977, Pol Pot made another talk to revitalize Cambodia’s past; The History of Cambodia dated back more than 2000 years. It shows that like all societies in the world, Cambodian society had experienced many social phrases (Chandler, 1996, p. 237). In the era of primitive communism, there were not yet any divisions between classes. In the era of primitive communism, there were thus no struggles between classes. When Cambodian society entered the era of slave society, society had class divisions, which is to say there were slave-owners and slaves. These were called masters of slaves, masters of workers, and those who were slaves and workers for other people (Chandler, 1996, p. 239). Pot Pot’s new regime’s existence was to bring the complete equalitarianism to the society in all fields, as stated in the preamble of the Democratic Kampuchea’s constitution.For the three ghosts, communism was the unique political ideology to make Cambodia resurgent. To legitimize this vision as the foundation for Cambodia’s eventual victory, Democratic Kampuchea spokesman claimed, “Enemies have exploited Cambodia’s poor”, he also argued that ever since the country move away from “primitive communism” some “2000 years ago” into a world of class discrimination (Chandler, 1996, p. 235).To sum up, Pol Pot is classified as chauvinistic by his charisma. His simple taste, sympathetic to the poor (as stated above “to be the poorest of the poor), insightfully understand the status quo of Sihanouk and Lon Nol government, made him legitimate to transform the former (Sihanouk and Lon Nol) administration. Though the consequence was not like what he had promised, but what he said before the 17 April victory, penetrated into most of the poor peasants, until they took up arms to build better foundation for the Revolutionary Organization’s victory.· Chauvinism Through National Unity.Criticized corruption, nepotism, class discrimination, the ruling elites looked at the peasants with contempt and disdain. Furthermore, the Lon Nol government was on the verge of total ruin and falling into the hand of Vietminh, Pol Pot regime guaranteed to bring about national solidarity and unity.From an outset, Democratic Kampuchea government ceased the international relations and aids, particularly the American aids, as Kieve Samphan claimed that American aid, designed to shore up traditional relationships, would be foresworn, but continued the French aid which he thought as less conservative. Pochentong International Airport, all the Western embassies and councils were entirely eliminated.All the Cambodian citizens, rich and poor alike, were to be evacuated to the rural areas, to form cooperatives, so that they could work growing rice, as already mentioned in the initial eight policies above. Agrarian Utopia was, of course, the political platform of the regime. Even though in the constitution, chapter five, article five started, “… Representing the peasants 150”. The party was working in the city and in the countryside with rural areas as the main base. City could not be used as the base area, because enemies was everywhere, the parliament, court, jail, police, and military were there.As the Seventeen April Nineteen-seventy-nine approached, Government soldiers were told that fighting was at an end; all Khmer were brothers who should reunite in order to recover Khmer territory lost to the Vietnamese. The reference was to Kampuchea Krom, those parts of southern Vietnam which were once part of the Khmer empire during its great age of dominance over much of mainland Southeast Asia and which were lost Vietnam between the sixteenth and nineteenth centuries. For the next three and a half years this irredentist, anti-Vietnamese theme was to be relentlessly and suicidally pursued by the Khmer Rouge. In fact, despite the Vietnamese statements welcoming the victory of the Kampuchean revolution, border provocations by Kampuchean against Vietnam began almost immediately. (Fox&Ung, 1998, p. 6).Revolutionary Organization was also called “pineapple organization”. Because all people’s routine activities were checked to make sure that the organization uprooted the enemies. In Unity Perspective, only friends were allowed to stay alive, but all enemies had to be uprooted. Not only the Vietnamese, people who were found to have connection with Vietnam, the Lon Nol regime was to be massacred.Furthermore, the ethnic groups’ cultures were unconditionally fired. Only Khmer language was allowed to be daily communicative language. The Chams were forced to eat pork which is against their religion. Unity means the organization had to embrace all the information, everybody had to be the same in term of clothes, language, food, social status, culture…etc. Any ethnic group dared to protest was murdered, because it was thought as “contradicted to the organization’s policies”. The right to expression, assembly, and vote were all abolished, because all of these were thought as “break the organization’s unity”. The evidence to uproot the ethnic Chams was clearly seen;It was Document Nº163 page 163 [?]…It said we will not spare the Chams, because if spared they will resist, and [and produce] revisionism…It said that the Cham races not to be spared because it has a history of resisting the socialist revolution, and also in the Champa period… “So we undertake a policy of discarding them now.” They were hand in hand with the Vietnamese, so they must all be killed off. It said that the Chams had already rebelled once, in the Eastern Zone…It said we had fled persecution in our Vietnamese country, and could not be trusted…The document said that now, they must be smashed to pieces. Whatever department they are in, they must be smashed to pieces .” (Kiernan, 1996, p. 280).All the religions were to be dismantled to the ground, because they would work against the Democratic Kampuchea, as the constitution, chapter fifteen, article twenty; “reactionary religions which are detrimental to Democratic Kampuchean people are absolutely forbidden” (Jennar, 1995, p. 88). In Pol Pot regime, religion would lead to conflicts between people and people and the state and the people. So Khmer Rouge decided to abolish all the pagodas and all the religious worships and they even converted pagodas to be the storehouses or other administrative offices.Unity means “no political rivalry”. In one of the elections in Maesor Prachan in 20 March 1976, more than 10,000 people, including inhabitants of other hamlets situated near the Tuol Don Teov work site, gathered to vote for the Assembly of the People’s Representatives. The 250 member Assembly was to comprise 150 peasant representatives, 50 industrial workers, and 50 from the Revolutionary Army. No other classes existed in Democratic Kampuchea. Everyone sat in rows in the newly-constructed square paddies. Several speeches were made praising Khmer Rouge Policies, then each person was given a piece of paper on which was written one name, that of the officially-selected candidate, Tum Choen. Voting consisted of rows of people in order filing past the voting box into which they placed the votes they had been given, all under the careful scrutiny of Khmer Rouge cadres. As expressed by Bun, the co-author of the book, entitled “The Murderous Revolution”, was that this Assembly vote, which had to be performed “with a smiling face”, was nothing but a “shameful face” (Fox&Ung, 1998, p. 70).III. AnalysisDemocratic Kampuchea regime did not provide equality to all its inhabitants at all. After the 17 April victory, all the evacuees were segregated between the “base people” and “new people” (or the Seventeen April people). New people were treated much harsher than the base people. Besides this, nepotism still existed. Ta Mok promoted his relatives to the high-ranking officials, and the Khmer Rouge cadres had enough food, while the people were starving. International relations were to be closed, but Pol Pot still retained his relationship to China, and even received China’s aids.I would call Democratic Kampuchea, “a totalitarian regime”. Everything, everywhere were devoted to Revolutionary Organization, even the national anthem, “the glorious seventeen April”, devoted to the organization. People had to attend the political lectures, devoted to praise the organization. The graffiti, organization’s slogans, poems, daily errands, and even the mentalities had to be organization-oriented.Two final questions have been arisen; did Pol Pot single-mindedly to gain his power? Was it a Revolution or Revenge?IV.ConclusionDemocratic Kampuchea’s administration occurred from 1975 to 1979, which the world was in the state of “forward looking”. Nationalism is right in any country’s perspective, but not chauvinism, that mean aggressive nationalism. Hitler got rid of all the Jews, presented in Germany. Pol Pot, on the other hand, massacred his own people, is it really “chauvinism” to murder millions of his own people? This question, until now, remains mysterious to the world. The lesson of Pol Pot could be a useful example for the later leaders. The world is increasingly become boundless, and interdependent. The extremism of “chauvinism” is of no use in this progressive world. The world is revolutionary, and the more we are open to criticism, acceptance, and active listening; the more we become more philosophical, and the more we are open to development.Lay Vicheka used to be a lega assistant to a Member of Parliament. He is now the translator, freelance writer for Search Newspaper and writer for different websites around the world. Address: 221H Street 93, Tuol Sangke quarter, Russey Keo district, Phnom Penh, Cambodia. Tel: 855 11 268 445, vichekalay@yahoo.com
Keyword : Pol Pot and his legacies.

Dress Codes and Apparel in Franchised Outlets and the Franchise Agreement

2008-03-08T09:00:00.000-08:00

Author : Lance Winslow
Have you ever noticed that franchise companies have employees at the franchised outlets, who wear the exact same uniform, even when you orientate completely different state. Did you know that many franchise companies have dress codes and stipulations about apparel in their confidential operations manual, which are the same for many countries. In other words the McDonald's uniform in Venezuela could be the same exact uniform, which is worn in Hawaii. Interesting isn't?There is a good reason for this it has to do with consistency and brand name image. Each franchisor needs to consider this advantage that can be used in franchising. It is for that reason that most companies address this issue in their confidential operations manual, the initial training and even in the original franchise agreement and disclosure documents. In fact, in my company we put a clause in the franchise agreement to address apparel issues in our company;3.10 ApparelFranchisee and its employees must wear shirts, jackets or other approved apparel with The Car Wash Guys logo as designated by Franchisor when performing Services for the Franchised Business. In the event Franchisee operated any business(es)other than the Franchised Business or other franchises offered by Franchisor to the extent expressly permitted in Section 3.3, the personnel employed in such other business(es) must wear apparel that does not feature any of the marks or color schemes of the Franchised Business.-- --- --- --- ---Although our company is a small franchise system operated only a couple dozen states, we still felt it was necessary to address this issue. All franchise companies should consider this no matter their size. A competent franchise attorney can best help franchise in executives determine the best legal strategies to insure consistency of uniform apparel. Consider this in 2006.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : Dress Codes, Apparel, Franchised Outlets, franchise agreement

Knowing When to Consult a Lawyer

2008-03-08T08:31:00.001-08:00

Author : Cynthia Bates
In this day and age, it's important to protect your rights in many different situations. Knowing when you require the professional services of a lawyer is important since many situations essentially demand it. Hiring a lawyer will typically cost you a large sum depending on the complexity and time required of your situation, so it is wise to understand when you really require legal services.If you have been arrested or are being sued, contact a lawyer immediately. These types of situations are very cut and dry in terms of whether or not you need legal help. However, there are many of reasons other than existing legal problems that might be reason to hire a lawyer. For instance, if you are considering firing a problem employee from your business, you may want to consult a lawyer before you find yourself embroiled in a lawsuit.If you're unsure if you need legal advice or assistance, a good question to ask yourself is what have you got to lose? If the answer is money, freedom, or other rights, then getting a lawyer is a wise decision. Again, you may not be prepared quite yet to hire a lawyer for your situation, but at least consulting one on your rights is a wise decision. For instance, if you are in the process of getting an amicable divorce, you may want to consult a lawyer to see what your rights are but not necessarily get one involved.Before contacting a lawyer, you should understand the scope of your situation. There are many different types of lawyers, each dealing with distinct types of legal problems and situations. While most will immediately let you know if you need to contact someone else, it is a good idea to have a grasp on whose expertise it is you need. There are plenty of online resources to help you decide what type of lawyer you need.If you think you may need a lawyer, it is vital that you act quickly. Certain situations are very time sensitive, such as suing for injuries sustained in an accident. There is a specific amount of time you have to file a lawsuit, so even if you're not sure what your course of action should be, consulting a lawyer is wise. They can help steer you in the right direction and let you know if they believe you have a strong case.The legal world can be very confusing, frustrating, and frightening to many of us. Understanding what your rights are is the first step in resolving any issue, whether it's criminal, business related, or anything in between. Finding a qualified lawyer is the best way to make sure someone is fighting for your rights.Cynthia Bates is an Internet specialist, and periodically writes legal help articles for Legalspring.com.
Keyword : legal, law, lawyer help, law-suit, sued, advice

Weaving Relationship Skills into the Tapestry of the Practice of Law

2008-03-08T08:00:00.000-08:00

Author : Yvonne Lapp Cryns
Law is a new career for me, after being a homemaker-mother and then a traditional midwife. Both of those vocations were involved with helping those in need, looking out for the best interests of other people, and being loyal to them. I see my career in law as a continuation or extension of these qualities that are so central to meaningful interpersonal relationships – a balancing of life and practice.My future legal commitment is to those who are poor or underserved. I hope to use my legal education, knowledge, and skills to provide the needy with access to adequate legal services. It is only through this kind of personal commitment that the barriers of social inequality are broken down and justice can be a reality for those who otherwise are priced out of equity. I believe this pursuit of legal equality to ensure justice for society's most vulnerable will be enormously challenging, yet personally satisfying.In providing legal services to the destitute, an important component of that is looking out for the client's best interest. I will be asked to assess complex legal situations and then explain them to my clients. For many clients, their best interests are served when they are aware of all their options in language they understand. Breaking down legal terms and issues into understandable information will ensure that my clients understand the complexities of their case. By communicating their legal situation in terms they understand, my clients will truly be able to consider my advice, give informed consent and be empowered to make decisions in their own best interests.Lastly, one of the most important relationship attributes of any professional is loyalty to one's clients. Family life and my work as a midwife taught me how vital loyalty is to developing and maintaining relationships. I intend to dignify the communications my clients share with me by remaining trustworthy. I will do this by keeping each client's interests insulated from competing interests. I know that confidentiality is a cornerstone of the practice of law and will keep my clients' secrets.Soon I will begin my career in law, weaving the theories I've learned in law school with my prior relationship skills into a real life legal practice. I believe my life skills, law school preparation, and commitment will assist me to be a good advocate for the rights of the poor and needy.Yvonne Lapp Cryns is the co-founder of the Go-Law-School website.
http://www.go-law-school.com/
Keyword : law,poor,legal,school,court

Medical Power of Attorney

2008-03-08T07:31:00.001-08:00

Author : Kent Pinkerton
A Medical Power of Attorney gives specific instructions, prepared in advance, that are intended to direct medical care for an individual if he or she becomes unable to do so in the future. Plainly speaking, a Medical Power of Attorney is made in anticipation of a medical emergency. If you are in an accident or suffer a disease or disorder that may leave you incapable of making a sound medical decision, a Medical Power of Attorney permits you to choose in advance who will represent and enforce your interests. The person authorizing the other to act on his behalf is the "principal" and the one authorized to act is the "agent".A Medical Power of Attorney should be given to someone whom you trust unreservedly; this is an individual who will be making decisions for you when you are incapacitated, even if you are not on life support or terminally ill. However, an agent does not have the authority to act until the principal's attending physician certifies in writing that the principal is incompetent.A Medical Power of Attorney is not legally effective unless the principal signs a disclosure statement that he or she has read and understood the contents before signing the document. If the principal is physically unable to sign, another person may sign the document in his or her presence and at his or her directive. Two qualified witnesses, who are competent adults, must witness the procedure. At least one of them must not be related to the principal, the principal's attending physician or the attending physician's employee, entitled to a part of the principal's estate, an individual who has a claim against the principal's estate, or an officer, director, partner or business office employee of the healthcare facility.An individual may revoke the Medical Power of Attorney by notifying either the agent or the principal's health care provider of his or her intent to revoke the document. This revocation will take place regardless of the principal's capability to make sound medical judgments. Further, if the principal executes a later Medical Power of Attorney, then all prior ones are revoked. If the principal designates his or her spouse to be the agent, a divorce revokes the Medical Power of Attorney.An agent, acting in good faith, will not incur criminal or civil liability for a medical decision made under a Medical Power of Attorney.Power Of Attorney provides detailed information about power of attorney, power of attorney forms, medical power of attorney, limited power of attorney and more. Power Of Attorney is the sister site of Divorce Legal Forms.
Keyword : power of attorney, power of attorney forms, medical power of attorney, limited power of attorney

Connecticut Employment Lawyers And Why You Need One

2008-03-08T07:00:00.001-08:00

Author : Stu Pearson
Having a Connecticut Employment Lawyer is very important. Whether you have problems with your employer, or just need information on how to proceed, an employment lawyer can be a valuable resource for you. These professionals can help you come to the best and the most reliable decision if you happen to be facing problems with an employer. The employment lawyer that you choose will be the one in charge and responsible for giving you assistance and aid when you encounter conflicts or have questions as is your right as an employee.At first, it may be terribly stressful to find dependable sources for references, but in time, you will find people who can help you as you go about your search for a qualified Connecticut Employment Lawyer. Primarily, you must consider all the factors that may be of importance for your unique situation, and use that list as the basis for your search. In addition, there are some attorneys that only do limited types of legal work. This should also be something you think about when making your choice. If you like this professional, you will probably want to use him or her in the future for other things — an attorney with a broad practice and lots of resources will be better able to serve you, today and in the years to come.Remember too that you should never employ an attorney who keeps on asking questions, and isn't paying attention to what you want or expect. With this kind of lawyer, you can end up with costly misunderstandings, and have conflicts that will not help you win your case. So when it comes to finding the right Connecticut Employment Lawyer, it is sensible that you ask over other people for references and help. But make sure that your sources are reliable ones. Moreover, you can search on the internet and gather sufficient information.You should choose two or three of you top prospects and have a face-to-face meeting with each of them. Through this, you will be able to tell if you are hiring the right person, and understand what he or she can do for you. Once you've found the Connecticut Employment Lawyer for you, you can settle in and work with that person to solve your problem.Stu Pearson has an interest in Business related topics. To access more information on connecticut real estate or on the map of connecticut, please click on the links.
Keyword : Connecticut Lawyer

California Lemon Law Complaint Forms

2008-03-08T06:31:00.001-08:00

Author : Richard Romando
California Lemon Law is a collective term that represents various legal codes. These are broadly prescribed by the Civil Code Section 1790-1790.4 - (Song-Beverly Consumer Warranty Act) and Civil Code Section 1793.22 - (Tanner Consumer Protection Act), statutes by the California Attorney General's Office and others.Once an attorney has told you under which code your case falls under, you will need to gather the documentation for your vehicle's defects. These documents should describe the problems with transmission, brakes, paint, engine, electrical fixtures, etc. in detail. You will also need a repair invoice history, a service record, the paperwork related to the original purchase of the vehicle (particularly the sales contract), the vehicle's owner manual and the warranty covering it.You will then have to fill out a questionnaire/interactive complaint form from the Californian Motor Vehicle Warranty Rights Act department. After this is submitted and approved, you will receive a form that outlines eligibility parameters. If you have hired an attorney, most of the paperwork is processed by the law office.To initiate the process of a claim under the California Lemon Law, your attorney will need to draft a demand letter to the manufacturer. This will inform the manufacturer that you are initiating a legal process for breach of express and/or implied warranty. A copy of this should be sent to the Consumer Affairs Department and/or Attorney General.The forms that will eventually need to be filled may include the:• Office of Consumer Protection Complaint Form• Lemon Law Complaint Form• Generic online complaint form (to be downloaded, filled out and submitted to initiate a claim under California Lemon Law.)• Forms to outline the purchase and repair history of the vehicle, also downloadable.All forms should also be available at the:• New Motor Vehicle Board - www.nmvb.ca.gov Department of Consumer Affairs Bureau of Automotive Repair• Department of Motor Vehicles Bureau of Investigations - www.dmv.ca.gov Local District Attorney's Office• Office of the Attorney General, Public Inquiry Unit - www.caag.state.ca.usCalifornia Lemon Law provides detailed information on California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law Attorneys and more. California Lemon Law is affiliated with Boat Lemon Laws.
Keyword : California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law

California Computer Lemon Law

2008-03-08T06:00:00.001-08:00

Author : Richard Romando
In California, vehicles are not the only product you can claim a refund or replacement for if it turns out to be a lemon. Next to automobiles, computers are probably the most commonly used machine, and the law knows it.If you find that your computer crashes regularly, needs a large amount of maintenance and has not performed as promised at the time of purchase, the California Computer Lemon Law works for you. Basically, a consumer is protected from any expense incurred while having a warranty-covered product replaced or repaired to complete satisfaction. This includes lawyer's fees if a lawyer is retained. All expenses are borne by the manufacturer who stands in default of the warranty.To avoid having to exercise your rights under this law, do not buy a computer or computer-related equipment from obscure outlets. Authorized dealerships are well aware of their responsibility and are less likely to sell you a lemon. You need to do a little background research on the dealership before your actual purchase. Even if it's reputable, do not settle for an exchange-only warranty in the case of computer peripherals and consumables. Keep the option of returning for a complete refund.Further, do not rely on verbal quality assurances. If they're valid, the warranty's fine print will reflect them, so pay more attention to details. If you do decide to buy, pay by credit card to protect yourself. That way, you can stop payment for a defective computer and can involve the credit card provider in any legal conflict over the purchase. Also, some credit cards will extend your warranty above and beyond the norm.If a lawsuit is called for, the way to initiate the process is to contact the dealership's customer care or quality control department and plead your case. If you have a case, the first offer may be arbitration. This is fine as long as a lawyer is consulted over jurisdiction matters. Make sure you have a complete purchase and payment record to fall back on.California Lemon Law provides detailed information on California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law Attorneys and more. California Lemon Law is affiliated with Boat Lemon Laws.
Keyword : California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law

One Message to All Law-Obedient in the World

2008-03-08T05:31:00.000-08:00

Author : Vicheka Lay
"This article was initiated while driving on the way back home."One day, due to the matter of necessity at home, I had to drive quite speedy from workplace back home; however, because the road was covered with soil during that time, my car then made up clouds of dirt to those walking on the sidewalk, those living along the road and even deteriorated the already bumpy road. Indeed, I know what I had done was wrong, immoral or even contradicted to the social norm, but the matter of necessity had forced me to do so.As I nearly arrived home, I felt guilty of what I had just done; consequently, one idea comes to my mind: at least we have on advantage behind obeying the law. And this advantage is making those habitually obey the law feel guilty after committing any deed that contradicts to even the social norm (the smallest element of social administration).Law, to me, is the steering wheel for any political, social and economic image and operation for any country in this world. Because of these merits, persuading fellow citizens to obey the law would be the hardest and even eternal vocation for any government. To help in this effort, this article wishes to inform all the world obedient citizens, "at least we have one advantage from obeying the law."First let make law obedience a prevailing habit and let this habit grows by it self; consequently, more and more people would, at least, feel guilty of contradicting any law at any time.Lay Vicheka's quote on Law: "Let your law-obedient habit prevails and allow this habit to grow exponentially and brainwash you and me." (Coined by Lay Vicheka on Wednesday, May 24, 2006, at 10:13 p.m., Phnom Penh, Cambodia)Lay Vicheka is a translator for the most celebrated translation agency in the Kingdom of Cambodia, Pyramid Translation Co.Ltd.. He is now hoding other two professions: freelance writer for Search Newspaper; focusing on social issues and students' issues and Media Liaison Officer for Asia's first free on-line IELTS consultation website. Lay Vicheka is the expert author for ezine and prolific article contributor to other websites around the world such as articlecity, 365articles, spiderden, talesofasia, etc (Just google him). He is also a volunteer Cambodian-newspapers columnist (Rasmey Kampuchea and Kampuchea Thmey). Lay Vicheka has great experience in law and politics, as he used to be legal and English-language assistant to a Cambodian member of parliament, migration experience (home-based business) and in writing. He is also member of a New York-based research company. Posting address: 221H Street 93, Tuol Sangke quarter, Russey Keo district, Phnom Penh, Cambodia. Tel: 855 11 268 445, vichekalay@yahoo.com
Keyword : Law and society

The Truth About Lawyers

2008-03-08T05:00:00.001-08:00

Author : Mike Myatt
Those of you reading this article looking for the latest lawyer joke will likely be disappointed in the text that follows. This piece is not meant to be yet another bashing session directed at the legal professional, but rather to give you solid information on how to avoid the common mistakes that even the brightest and most seasoned executives make in attempting to successfully work with and manage attorneys.I grew up in a legal family, have been a managing director of a law firm, recruited and managed legal staffs as a C-suite executive and have dealt with many an outside counsel as an entrepreneur. I have both sued and been sued, and suffice it to say I know the good, the bad and the ugly about the legal profession.As with any other profession there are excellent practitioners, middle of the road journeyman, well intended light-weights who try hard but consistently find themselves in over their heads, brilliant academics with no practical experience or common sense, and yes, there are a few rouges and scoundrels as well.The reality is that most people that have a negative experience with the judicial system blame the lawyer. If the plaintiff or the defendant doesn't achieve the expected outcome it must be the attorney's fault, right? Wrong…If you retain the wrong lawyer that is not the lawyers fault, if you place yourself or your business in harm's way because you didn't recognize or manage risk, that is not the fault of the attorney who tries to help you and if you don't manage the legal action and/or the attorney with the same attention to detail you manage other areas of your business that is not the attorney's fault either.Think about this…If you found out you had an operable brain tumor, but decided not to do anything about it until you actually started to observe diminished capacity and then sought out the cheapest doctor you could find (an experienced brain surgeon would be far too expensive) to conduct the operation how do you think you would fair? OK, it is a given that no reasonable person would handle the aforementioned scenario as described, but when it comes to legal work I can't even begin to count the number of times I've witnessed someone wait too long to act or react and then rush to retain an attorney based upon little more research than the scrutiny of an hourly rate.It is this author's humble opinion that the truth about lawyers is that most people frankly get what they deserve. However if you adhere to the following best practices when entering into and managing an attorney client relationship you will fair better than most.1. Hire the best legal counsel you can afford, not the cheapest you can find. As with any profession there is value in experience and knowledge as well as a competitive advantage to be gained with talent, reputation and connections. Never hesitate to get a second opinion as there are very few stock answers to a legal issue.2. A lawyer is no different than any other vendor or supplier and they should be put through the same level of scrutiny (in my opinion a higher level of scrutiny) as anyone else in your supply chain. I adopted the practice quite sometime ago of putting my legal work out to bid through a managed request for qualifications (RFQ) and request for proposal (RFP) process. I assess my needs, identify my requirements and seek to find the best representation possible by having attorneys compete for my business on my terms.3. General Counsel is fine, but only if they are managing the right specialist. A generalist cobbling together documents by pulling a template down from a Westlaw search is a far cry from having true subject matter expertise. All attorneys are not created equal. Hire the right lawyer at the right time for the right reason.4. Along the lines of number three above, a smart attorney doesn't necessarily translate into a good attorney. Just because someone possesses a J.D. doesn't mean they have any practical experience. Most lawyers don't graduate from law school with any formal business training and fewer have any real world business experience upon graduation. It is imperative that you select counsel who is not only a subject matter expert in his/her practice area, but that also has very sound business acumen. If an attorney is not fluent in my business they won't be retained by me to represent my business…end of story.5. The best way to manage your legal risk is to be proactive not reactive. Assess your legal risks and take aggressive and proactive measures to mitigate said risks. I developed the shortest legal mission statement on record and require any attorney who represents me to use it to as their operating mantra; it simply states: "anticipate and insulate". The best defense is a great offense when it comes to legal work.6. At the end of the day you must take an active role in managing your legal affairs. As a principal owner or senior executive the buck stops with you. You need to manage the attorney and the process to the best possible outcome and this cannot be accomplished with a passive management style. You can either manage the legal process or let it manage you.As a consumer of legal services the phrase "Caveat Emptor" (Let the buyer beware) applies in spades. If you take an informed and proactive approach to managing your legal risk you will fair better than those who don't. A plus might just be that if you hire the right attorney for the right reasons you may in fact end-up developing a strong personal and professional relationship that won't end-up as subject matter for a lawyer joke.Mike Myatt is the Chief Strategy Officer at N2growth. N2growth is a leading venture growth consultancy providing a unique array of professional services to high growth companies on a venture based business model. The rare combination of branding and corporate identity services, capital formation assistance, market research and business intelligence, sales and product engineering, leadership development and talent management, as well as marketing, advertising and public relations services make N2growth the industry leader in strategic growth consulting. More information about the company can be found at http://www.N2growth.com
Keyword : Mike Myatt, N2growth, Leadership, Entreprenuership, Team Building, Coaching, Management, Consulting

Arizona Estate Planning Lawyers

2008-03-08T04:31:00.001-08:00

Author : Jason Gluckman
As defined under Arizona law, estate planning is planning the management and the disposition of your assets while you are alive and after your death. It also includes planning for your healthcare in case you become incapable of taking care of yourself. With the help of an Arizona estate planning lawyer, you can rest assured that your life's work will be well taken care of.In Arizona, if you die without a will, you may not have proper representation, and your family might be left fighting over your assets. If this is the case, Arizona will decide the successor to your property. It is best to hire a lawyer to get your affairs in order before it is too late. A good lawyer can interpret the maze of laws on property rights, taxes, probate and trusts.Arizona estate planning lawyers can help you decide how to transfer property and resolve other financial and personal matters including retirement funding and tax planning. Most importantly, they can guide you through the process of making a will. They can help you set up a trust naming who will hold your property until your death and disperse the property according to your will.Before hiring an estate-planning lawyer, you should verify his/her expertise and credentials because estate planning is a very important process in your life. To find an estate-planning lawyer, you can check with the State Bar Association of Arizona, or you can search on the Internet. There are a variety of links and resources about lawyers and law firms in Arizona.Arizona Lawyers provides detailed information on Arizona Lawyers, Arizona DUI Lawyers, Arizona Criminal Defense Lawyers, Arizona Divorce Lawyers and more. Arizona Lawyers is affiliated with Colorado Employment Lawyers.
Keyword : Arizona Lawyers, Arizona DUI Lawyers, Arizona Criminal Defense Lawyers, Arizona Divorce Lawyers

Divorce Lawyer Communication How to Enhance Your Communication with Your Attorney

2008-03-08T04:00:00.001-08:00

Author : Steven Carlson
There are several ways in which you can communicate with your divorce lawyer, but some methods may be more effective than others. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support. Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.

In-Person
Meeting with your attorney in-person when there is an extensive amount of material to go through is often a wise choice. When you meet with an attorney face-to-face there is less chance for distraction and it is more likely you will have the attorney's undivided attention. Any material you or your attorney may have can be reviewed and any questions can be addressed. Each party will have an equal opportunity to discuss and cover any important details. Additionally, the amount of time spent in an in-person meeting is traceable and should be reflected accurately on your attorney bill.

E-mail
Assuming your attorney checks his/her e-mail regularly, email communications with your attorney can be very effective, especially if a response is not needed immediately or an attachment needs to be sent. Unlike faxes, there is usually no charge to receive an e-mail. However, there will be a cost for your attorney to review and respond to your e-mail. Therefore, it is extremely important to keep your e-mail concise and to the point. This is often a difficult adjustment for those who have a tendency to write wordy e-mails. Further, depending on how savvy your attorney is with technology, he/she may spend more time in an e-mail communication than if the message were communicated via phone or fax. Further, the amount of time an attorney actually spends in an e-mail communication is virtually untraceable, so you will want to closely monitor your bill to make sure the charges are reasonable.

Telephone
One of the most common forms of communication you may have with your attorney may be via telephone. Telephone communications can be very effective, especially when you or your attorney have a quick question. Such communication is quick and timely. Additionally, the time spent on the telephone is the most traceable form of communication. The time spent on the phone may be recorded on your phone bill and should be reflected accurately on your attorney bill. However, problems may arise when more than a couple questions need to be covered. Long telephone calls can be subject to distractions and retaining large amounts of information can become an issue.

Fax
Communications with your attorney via fax can be very useful. For example, when a lengthy document needs to be reviewed or if your signature is required on a document (and a faxed copy of your signature is acceptable), faxes can save you an unnecessary trip to your attorney's office or the wait time associated with mailings. Like the postage fee for a mailing, there may be a cost associated with the fax, such as the call charge or the time a person in your attorney's office had to stand in front of the fax to send or receive documents.

Mailing
Communications with your attorney via mail can be very effective when a reviewing of a particular document is not extremely urgent. Additionally, any serious issues or requests you may need to make upon your attorney may be best done in writing. Mailings are a common way attorney's keep their client informed or on copy of all filings and communications with opposing counsel. Mailings are easy to organize and typically easy to manage.

There are several ways in which you can communicate with your divorce lawyer and choosing the right method can significantly enhance your communication with him/her. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support. Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.

© 2006 Child Custody CoachChild Custody Coach supplies information, written materials, online materials, and coaching services to parents in the field of child custody, namely, divorce, custody evaluations, parenting, and all child custody related issues. Custody Match is an online matching service to help consumers find the right family law attorney, divorce lawyer, or custody attorney in their area.
Keyword : divorce,lawyer,attorney,family,law,child,custody,dissolution,marriage,law,legal,communication

Georgia Lawyers

2008-03-08T03:31:00.001-08:00

Author : Ross Bainbridge
If you are looking for expert legal advice, you should definitely hire top notch lawyers to handle all your legal cases. This should not be hard in the State of Georgia – after all, the state has produced such historical lawyer-icons like Martin Luther King, Ty Cobb and President Carter. Its strong community extends to its law schools, such as the Mercer School of Law.You might consider hiring Georgia lawyers for your specific legal needs. Their services include (but are not limited to) the following: review of legal documents and contracts, fixing credit problems and court appearances in legal cases such as those cases involving traffic tickets.A lot of Georgia lawyers specialize in just one area of the law. General practitioner lawyers can handle a wide range of legal matters. If your legal matter involves a specialized area such as workers compensation, personal injury, medical malpractice or car accidents, it is important for you to contract a specialist for your specific legal needs. If your concern is of a general legal matter, then you might contact a general practitioner. Before hiring a lawyer, make sure you ask which field of the law he or she specializes in.Georgia lawyers charge legal fees depending on the type of case you have and the amount of time the lawyer will spend on your case. You may choose from several types of paying schemes that include hourly flat charges and contingent fees. Hourly rates are calculated by multiplying the lawyer's hourly rate with the number of hours he or she spends on your case.Contingent fees are payments whereby lawyers receive a pre-approved percentage of the amount you may receive if you win the case. A fixed rate places a ceiling on the legal fees a lawyer may charge. Lawyers normally calculate their legal fees without including court costs and filing fees that you, as the client, need to pay at once. Always ask for a detailed explanation of a lawyer's fees and payment modes before you even hire him or her.The fees charged by Georgia lawyers are based on the agreed amount that you are both comfortable with. There are no fee schedules recommended since payment varies from lawyer to lawyer.Georgia Lawyers provides detailed information on Georgia Lawyers, Georgia Injury Lawyers, Georgia Real Estate Lawyers, Georgia Divorce Lawyers and more. Georgia Lawyers is affiliated with Georgia Automobile Insurance Laws.
Keyword : Georgia Lawyers, Georgia Injury Lawyers, Georgia Real Estate Lawyers, Georgia Divorce Lawyers

New York Mesothelioma Lawyers

2008-03-08T03:00:00.001-08:00

Author : Kevin Stith
New York is the busiest city in the United States of America, where all types of people from different parts of the country make their way to earn their living. Therefore, every person has a high probability of facing an accident through the mistake of another one. In such cases, the victim who suffers such an unfortunate event has the full right to take legal action against the person responsible. This not only gives proper justice to the victim, but also gives him or her the opportunity to claim compensation for the accident.Mesothelioma is a serious lung cancer that occurs in individuals exposed to asbestos. Most of the victims have inhaled or swallowed asbestos fibers. These fibers travel through the internal organs of the victim, and through the lung. Eventually this is wedged in the thin, saran wrap-type membrane lining the lungs.More than 3,500 workers on average are diagnosed with mesothelioma and other various diseases related to asbestos each year. In recent times, New York has been the place with the highest incidence of mesothelioma.A victim might be infected with malignant mesothelioma, pleural mesothelioma or peritoneal mesothelioma. But whatever the type may be, an ordinary citizen has the right to claim compensation from various companies if he is infected with this disease. Although recently it has been seen that President Bush is shielding companies in asbestos lawsuits, the New York-based mesothelioma lawyers are equipped to fight disease-related cases. A victim of this disease can invest all his hopes for not only getting the compensation from the companies responsible for this, but also in taking a giant leap toward eradicating the whole problem.New York Personal Injury Lawyers provides detailed information on New York Personal Injury Lawyers, New York Wrongful Death Lawyers, New York Mesothelioma Lawyers, New York Birth Injury Lawyers and more. New York Personal Injury Lawyers is affiliated with New York Personal Injury Lawsuits.
Keyword : New York Personal Injury Lawyers, New York Wrongful Death Lawyers, New York Mesothelioma Lawyers, Ne

Thumbs Up? Thumbs Down?

2008-03-08T02:31:00.001-08:00

Author : Rohn Engh
Can we protect our tiny images from commercial piracy? Who says a thumbnail photo can't be swiped from the Internet?Could a legitimate company swipe thousands of thumbnail-size images and sell them to, say, a cell phone company for downloading? And still be legal?Well, presently they could, if they went through an innocent major search engine that featured image-search.This is the story of an adult-content company (Perfect-10) who leases (for $$$$) its thumbnail-sized "adult pictures" to a British cell phone entity (Fonestarz Media Ltd.), and finds that those same pictures are being offered for free on a major search engine such as Google.
Thumbnails can be marketed on the web, nowadays, in different ways, so this brings up a problem for stock photographers.A brief history: Over the years we have reported on this question. A California photographer, Leslie Kelly, sued a company called (at that time) Arriba Soft, and asked, "Can search engines tap into photographers' web photos and use them to display in their own website?"
The case took several years to decide. The courts finally came up with an answer (in layman's terms): "Yes, web search engines can display a photographer's images, if they use them in a 'thumbnail format.'"
That's why we see Google and the other search engines freely displaying the photos of photographers (and non-photographers) on the search engines' website in small (thumbnail) low-res format, with no legal problems.TECHNOLOGY CHANGESBut technology changes. In the early days of the automobile it might have been legal to place your arm out of the window of your car to signal which way you were about to turn. But with the invention of electronic turn signals, it eventually became illegal to use your arm for the signal. You are required now to have a working turn signal on the car you drive. A faulty one could lead to a fine. Who knows what future technological changes hold in store for the rules of the road.Such a change has come to stock photography. Thumbnails are used all over on the Internet, and to date, there have been few objections by photographers because they have served, usually, as mini-publicity points for the photographers. We've all thought, until recently, that thumbnails don't qualify technically to be able to be used for commercial purposes. We as photographers have been conditioned to believe thumbnails are "safe" from thievery. Here at PhotoSource International, we've heard of no thumbnail copyright infringement cases in the last decade, except for the Leslie Kelly cases.
But a recent court case has beamed a new light on this subject. The Ninth Circuit Court of Appeals originally handled the Kelly complaints. They are taking a second look.The case, Perfect 10 v. Google, Inc., brought in the United States District Court for the Central District of California, is about Google's image search function in the form of thumbnail-size images as part of its search engine services. Google, relying on the Kelly decision, declared that its use of thumbnails is considered "fair use" under the Copyright Law.According to the preliminary ruling in the Perfect 10 case, the major factor differentiating Google's use of Perfect 10's images from Arriba Softy's use of Kelly's images; was that since early 2005, Perfect 10 licensed reduced-size images of its photographs to Fonestarz Media Ltd. of the United Kingdom. Fonestarz sells reduced-size copyrighted images for download and use on cell phones worldwide. The company sells about 6,000 thumbnails per month in Britain alone. The same thumbnails which Perfect 10 holds copyright registrations for, were being made available for downloading from Google's image search engine. The images are free from Google. You have to pay to obtain the images from Fonestarz. That's not the way photo-owners like to work.This is something the courts didn't recognize in their decision back in 2004. Leslie Kelly had not established that he made sales on thumbnails. The Court, likewise, made the presumption (like we all did) that there was no market for thumbnail-size images, and that included Kelly's. IS IT FAIR USE?How's this going to turn out for stock photographers?On the one hand, searching and finding images within the Fair-Use doctrine of the Copyright Law has become imbedded in the web search culture. Can the search engines continue to offer this service, or will they start charging for thumbnails and acting as a broker for the photographers who own the copyrights to the images?The concept of this kind of micro payment is not new. Look at recording artists and composers, and radio broadcast. Originally, radio stations only broadcast performers live. Later, recordings became widely used. Performers wanted to be paid, and many composers didn't want their music performed or played for free, but the stations wouldn't pay them. The composers who were members of ASCAP boycotted radio in 1944, and no music was broadcast for several months.Eventually the broadcasters agreed to pay "royalties" for each time a musician's recorded tune was broadcast. Thus began the system of royalty micropayment.Incidentally, Google has appealed the preliminary ruling mentioned above. We'll keep you posted.
Note: for former coverage by PSI on the Kelly case, see:www.photosource.com/photoaim/kelly.html

www.photoaim.com/gen546.html

www.photoaim.com/list/380d.html

www.photosource.com/searchengine.html

www.photoaim.com/list/396A.html

Rohn Engh is director of PhotoSource International and publisher of PhotoStockNotes. Pine Lake Farm, 1910 35th Road, Osceola, WI 54020 USA. Telephone: 1 800 624 0266 Fax: 1 715 248 7394. Web site: http://www.photosource.com
Keyword : thumbnails,small photos,small images,suit,Google and Photos

Texas DWI Laws (Know Your Rights)

2008-03-08T02:00:00.001-08:00

Author : Tim Grimsley
In the State of Texas, if you are charged with a DWI, your license will usually be suspended at the time of arrest. If you appeal this suspension in 15 days, you can get your license back until your hearing, date. At the hearing should request permission to get an occupational driving certificate. You can use this to get back and forth to work. You may also win your appeal and be able to get your license back, but this is rare.It is a good idea to retain an attorney to represent you in DWI cases. Most people do not realize the serious nature of a DWI charge on your record. A DWI will cost you upfront in fines and suspensions but also, down the road for several years through points on your license. These points will be used by insurance companies to increase your premiums. Over time, you will most likely incur more expense at the hands of your insurance company than you did with the fines. By hiring a lawyer to represent you there is a chance to get the charges lessened to avoid the points on your license. Your attorney may also decide to request a trial if it appears that your rights may have been violated. If your rights are found to have been violated, the charges will almost always be dropped.DWI is a serious crime and because of the amount of people caught each year, courts are continually becoming stricter on these crimes. No one should ever drive drunk, but if do make the wrong choice you should know your rights.next
T. Grimsley
Keyword : Texas DWI laws

Houston DWI Defense

2008-03-08T01:31:00.001-08:00

Author : Max Bellamy
A Houston DWI conviction could have a far reaching effect on your life. It therefore makes sense that you know at least the fundamentals of Houston DWI laws. In case of a Houston DWI conviction, you should get in touch with a good Houston DWI lawyer to protect you. A Houston DWI attorney will be able to prepare a strong Houston DWI defense to ensure that your legal rights are not compromised. They can also help reduce charges against you.The legal limit for intoxication in Texas is 0.08 blood alcohol concentration. You should also know that Texas has a zero tolerance law. Anyone under 21 can be arrested, no matter what the amount of detected alcohol. A good Houston attorney will be able to point out the faults in the chemical testing procedure adopted by law enforcement agencies, during a DWI conviction or arrest. A forceful defense on these lines assures you of reduced punishment and protection of your legal rights. Hiring the services of a Houston DWI attorney who is well versed with the state's laws is half the battle.A Houston DWI attorney can prepare a strong argument in your favor by pointing out some of the mistakes that may have been committed by the law enforcement agencies during a DWI conviction or arrest. Your defense lawyer also knows how much is too much. For example the laws may be different depending on whether you are a male or a female. A DWI attorney can prepare a defense based on these. A DWI punishment also becomes harsher when you are convicted more than once. It is therefore vital that you hire the service of an experienced DWI attorney to present your case and defend your legal rights.Houston DWI Lawyers provides detailed information on Houston Alcohol Treatment, Houston DWI Arrests, Houston DWI Defense, Houston DWI Fines and more. Houston DWI Lawyers is affiliated with Houston Criminal Lawyers.
Keyword : Houston DWI Defense

Child Support Laws

2008-03-08T01:00:00.001-08:00

Author : Kevin Stith
Family divorce law in most states stipulates that judges may have flexibility in determining the amount of child support. Judges, therefore, also have the authority to go beyond the state guideline amounts as required by specific circumstances.IncomeTypically, the parent who earns more or has significantly larger assets is ordered by the court to shoulder most of the child support. If, for example, the parent responsible for raising the child earns more or has more assets than the non-custodial parent, then the non-custodial parent will be ordered to pay a lesser amount of support. This is still true if the situation is reversed. The standard of living enjoyed by the family before the divorce will be taken into consideration by the judge and, depending on the costs or standards, the judge may order the non-custodial parent to pay much more than the state guidelines in order to achieve the same standards for the children.Unemployment, health problems, bankruptcyIf the non-custodial parent is unemployed, suffering from health problems or has declared bankruptcy, the judge is subject to consider the inability to pay support altogether and may suspend child support payments temporarily until circumstances change or until the parent finds a better job. After getting a better job, the judge may order the non-custodial parent to reimburse the other parent for the expenses incurred in those months that payment was suspended.Split custodySplit custody is the situation wherein a child or children common between parents split the year between their parents such as being with one parent for the duration of the school year and spending the summer with the other parent. Another example of split custody is when one child lives with the mother and another child lives with the father. In cases wherein the parents opt for split custody, certain guidelines for child support may also be suspended. The judge will allocate child support based on what is already being paid by both parents each year.Child Support provides detailed information on Child Support, Child Support Calculators, Child Support Enforcement, Child Support Laws and more. Child Support is affiliated with Christian Child Sponsorship.
Keyword : Child Support Laws

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