neither haste :: nor waste

Guarantees are Legal

January 5, 2009

What is a Guarantee?
A guarantee is a written promise by you (the guarantor) that the person who is obtaining credit (the debtor or borrower) will keep to all the terms and conditions of their contract (the credit contract, or loan agreement). The guarantee means that if the person borrowing the money is unable to repay the loan then you, as the guarantor, will become legally liable to pay whatever is owed. Your guarantee may either be oral or written. A written guarantee is best because it will withstand any attacks, whereas an oral one is difficult to prove.

Who is a Guarantor?
The guarantor is the party who agrees to be responsible for the payment of someone else’s debts. That is, you are the guarantor if you promise to repay a loan that the borrower of the money does not repay. The lender will usually ask for a guarantee when lending money especially if they think the borrower will have difficulty repaying the loan.

The guarantor makes the promise or guarantee to a creditor or lender so that the lender will have a certain amount of confidence in the deal because he/she will know that should the borrower not be in a position to repay the amount taken, the guarantor will take responsibility for it.

Most guarantees provide that the lender or creditor can call on the guarantor to pay the debt in full without requiring any payments from the borrower and without seeking any other normal remedies against the borrower.

Why ask for Guarantees?
People on low incomes and many young people, often find it hard to get a loan without having someone guarantee it. The lender may have doubts about the person’s ability to repay the loan, especially if they are not in a good job or if they are not earning sufficient income to provide for the loan as well as their living costs. So the lender seeks a guarantor.

The lender will be happier arranging a loan if there is an adult guarantor with the means to meet the repayments should the borrower default. When you, as the guarantor, sign the contract of guarantee you will be agreeing to meet all the terms and conditions of the borrower’s loan if the borrower stops paying.

It’s a Legal Contract
Guaranteeing a loan is a contract and is therefore a legally binding arrangement between the parties. It is what as known as a contract to perform a promise or discharge liability (of the third person who is the borrower) in case of his/her default.

There are basically 3 parties involved:

  1. The surety or guarantor.
  2. The principle debtor or borrower.
  3. The creditor or lender.

If you are guaranteeing a loan for a purpose, you can withdraw any time before the credit is approved. If you are called on to honour a guarantee you have given, the first thing you need to do is see a lawyer straight away. In any event you should not enter into any guarantee without getting advice, preferably from a lawyer or your accountant.

Guarantee in Writing
To be enforceable against you, the guarantee of another person’s debt has to be in writing and must be signed by you.

Copyright 2005 StartRunGrow
http://www.startrungrow.com

StartRunGrow (http://www.startrungrow.com) is a global online information organization that specializes in creating, developing and marketing business help information specifically with the aim of “making business easier” for entrepreneurs around the world. The StartRunGrow objective is to become a dominant player in the business help arena providing end to end solutions for the millions of small and medium businesses worldwide who continue to struggle daily with the difficulties of starting, running and growing a successful business.

Blind Skiers See the Light

January 3, 2009

About three hours west of Denver lies Snow Mountain Ranch, one of the top cross-country ski centers in the United States. Known as the “YMCA of the Rockies”, it boasts a large ski chalet and over 90 kilometers of packed and groomed trails.

From January 30 to February 6, 2005, the center will host the 30th annual Ski for Light International event, a week that brings blind and mobility-impaired adults together with sighted ski instructors for cross-country skiing and fun social activities. Participants come from the United States, Norway, and several other countries to either learn skiing for the first time, or improve on previously developed skills.

The first Ski for Light was held in Norway in 1964, and was so successful that a nonprofit all-volunteer organization was formed. Chapters began spreading to other parts of the world, and the program was first introduced to the United States in 1975. The idea is to provide the blind and mobility-impaired a chance to experience the freedom and benefits of physical activity through cross-country skiing.

At the beginning of the event, each skiier is paired with an instructor/guide, according to experience level. Beginners are taught basic fundamentals of the sport, while more advanced skiiers work on improving their techniques and endurance.

Skiiers navigate the slopes in pre-set tracks or grooves in the snow, while their instructors ski on a parallel set of tracks. The guide advises when to change direction, speed up and slow down, and describes any changes in the level and direction of the tracks. Skiiers with mobility impairments use sit-skis, while their guides give instructional tips and offer physical assistance if needed. In addition to cross-country skiing, mobility-impaired participants also have the chance to learn the sport of sled-hockey during the week.

The sighted instructors are volunteers from all over the United States who pay their own way to attend, just like the other participants. Duane Farrar, a blind skiier and chairman of Ski for Light’s Public Relations Committee, says their role is vital to the success of the program.

“They are there because they love cross-country skiing and wish to share that love with someone like myself who otherwise might not have the opportunity to experience the sport and the exhilarating sense of freedom that it brings,” Farrar explains.

The highlight of the event is a 5-K rally and 10-K race, complete with national anthems and Olympic-style finish line. Skiiers get the chance to showcase the skills they’ve learned during the week over a measured distance, but don’t have to be competitive or athletic. The only thing asked of them is to give skiing a try, and have fun.

Mary Kozy, a blind clinical social worker from Chicago, was a bit apprehensive when she attended her first Ski for Light in 1978. But it didn’t take her long to discover the joy of learning to ski, and meeting other people with positive attitudes.

After attending Ski for Light, I caught the “if I can do this, I can do anything” attitude, and went on to love skiing,” Kozy recalls. “It is a real high to go to SFL for a week and be around so many enthusiastic people.”

While skiing is the big attraction, it is only part of the total experience. After a day on the slopes, skiiers and guides return to their hotel for dinner, talent shows, music and dancing, or just lounging in a heated pool or hot-tub. Even poor snow conditions can’t stop the event. In cases of extremely low temperatures or not enough snow, participants organize games, field trips, exercises, and other activities.

Many skiiers believe the most rewarding aspect of Ski for Light is the memories and camaraderie they share with each other and their guides.

“The friendships I’ve made through SFL are deep, and those I will have all my life,” Mary Kozy says. “People come through town and visit, and we are now like a big family.”

Deborah Kendrick, a freelance writer and devoted participant, agrees. “I believe there is no other environment in which participants suspend, so completely, the sense of who is and who is not a person with a disability,” she says. “People of all walks of life come together for that one week to share a love of skiing, the outdoors, learning, and loving life.”

To find out more about Ski for Light, or the upcoming event in Granby, Colorado, visit:

www.sfl.org

Stephen Michael Kerr is a blind radio broadcaster, freelance writer, and publisher of Adaptive Sports And Recreation, a free ezine devoted to sports for people with disabilities. To subscribe, visit: http://zinester.com/mpb/ml_fs.cgi?topic=41809

For a sample issue, send an e-mail to: mailto:stevekerr@ev1.net with “Sample Issue” in the subject.

stevekerr@ev1.net

Beating a speeding ticket

Have you ever got a speeding ticket that you didn’t feel you deserved? I know that the majority of people who receive speeding tickets feel that they do not deserve it, but more often than the average person would suspect, they do not deserve. And, I would like to give you some suggestions on beating a speeding ticket

You may have seen similar advice to this on websites such as ihatespeedingtickets.com

The next time you pass a “speed trap” pay attention to how it is set up. Quite often the Police use a two or thee man system.

The first officer will be operating the radar equipment. His responsibility is to record the speed of oncoming vehicles and accurately identify the vehicle that he has recorded the speed for. He then conveys by radio information to his partner or partners so that they can identify and pull over the correct offending vehicle.

Does that sound simple?

Not so simple or easy! Trust me! This type of speed trap is not used on a regular basis but most often as part of a “blitz”. The Police department will use a blitz like this on very busy highways or expressways where it would normally be very difficult to catch speeders. It still provides them with very little time to complete the necessary steps to catch and ticket offending drivers.

First of all, the officer operating the radar has to make very quick judgments and decisions and this is quite often how you can get out of a speeding ticket. The officer has to record the speed and quickly identify the vehicle by color or model and pass that onto the second officer who is down the road ready to pull you over.

The first mistake that the radar officer can make is that he might match the speed he recorded to the wrong vehicle. This can easily happen on multiple lane highways. The offending driver catches sight of the radar and quickly ducks behind vehicles in the inside lanes. That can often leave an unsuspecting motorist to be the wrongly accused traffic offender.

Advice that will help you beating a speeding ticket

Make note of the name of the officer who has pulled you over and is writing the ticket. Ask to see the radar reading. Tell the officer that you know how fast you were going and that they must have stopped the wrong vehicle. Always plead not guilty and go to court.

Your Day in Court

When you arrive in court your name will be called and you will be asked if you are representing yourself or if you have representation. You then will be asked if you are looking for a reduction in the fine or a reduction in demerit points. You then tell them that you are disputing the charge and that you believe that the officers on the scene made a mistake. You then will be allowed to speak to one of the officers that were on the scene. Because you recorded the name of the ticket writing officer you will know if you are talking to him or the officer whom was operating the radar. Because the accuracy of this system is very poor it will not take much to convince the officer that they did in fact stop the wrong vehicle and most often will use some other excuse for having the case thrown out. The most common reason they use is that one of the officers is not present. This is an easy way for them to let you off without admitting that a mistake was made.

If i could give you one bit of advice on beating a speeding ticket it would be to plead not guilty at all times and take your chances. You will find other suggestions and tips on traffic tickets at websites such as ihatespeedingtickets.com

Perhaps if more people knew beating a speeding ticket our courts would not be so crowded. If you are not comfortable with representing yourself in court you can find advice on that at www.ihatespeedingtickets.com as well as what to look for in a Representative.

Legal Age 101: When Is It Going To Be Legal?

January 2, 2009

Legal age is an age at which a person becomes entitled under the law to engage in a particular activity or becomes responsible for a particular act.

Those acts and activities include getting married, getting a license, voting and basically anything that will make you accountable for your actions. Government sets a legal minimum age for all these.

So before you head out to town for the supposedly biggest party of the season (which will probably include one or all of the following events: bringing your folks’ car and getting drunk like crazy and ending up in Vegas with some random person you’re about to marry) check out the legal ages for all your needs so you don’t end up in juvenile court or jail for that matter.

Here’s a list of the most fundamental legal ages.

Legal Age of Candidacy

It is the legal minimum age at which a person can legally qualify to hold certain elected government offices. In many cases, it also determines the age at which a person may be granted ballot access for an election.

Legal Age of Cconsent

According to the law, when a person reaches the age of consent, persons are bound by their words and acts. There are different ages at which one acquires legal capacity to consent to marriage, to choose a guardian, to conclude a contract, and the like.

For marriage, the age may be higher for males than for females if the jurisdiction does not guarantee equal rights to men and women. Age of consent also means the age below which consent of the female to sexual intercourse is not a defense to a charge of rape.

Under common law this age was 10; state statutes in the United States generally set it between 13 and 18. Basically, legal age of consent is when you become solely responsible for your own actions. It’s about taking accountability.

Legal Age of Majority In law, the age of majority is the age at which one acquires the full legal rights of an adult. This commonly includes things such as the right to vote and the ability to make contracts.

Legal Drinking Age Many nations have a legal drinking age, or the minimum age one must be to drink alcohol. In most countries this is 16 or 18; in the US it is 21. Some countries distinguish between drinks with fairly low alcohol-content (such as beer and wine) and stronger spirit-based drinks.

Legal Marriageable Age It is the age wherein an individual may decide on his or her own to marry or not. It’s different for most countries and the youngest so far is 16 with parental consent.

Legal Minimum Driving Age Minimum driving age refers to the legal age after which a person can obtain a license to operate a motor vehicle. The minimum driving age varies between jurisdictions but is generally between the ages of 14 and 18.

Legal Voting Age The voting age is the minimum legal age at which a person may vote in a governmental election. That means carrying out the right to suffrage.

Legal ages were put into law for a reason. Age comes with education and experience and who would want a reckless, drunk 13-year-old driving down our streets, right?

The Importance Of Laws On Public Transportation

December 29, 2008

Aside from private car accidents there are also a great number of related public transportation accidents. The Federal Government is the one regulating the common carriers that transport passengers and cargo across the entire state. Nevertheless, each separate state has its own regulated public transportation system all within its state’s lines. But in general it’s the Federal Government that controls the interstate transportation while the individual states are to manage the intrastate transportation.

Just what are common carriers? Common carrier is the term given to refer to one who make known to the public that his business involves the transporting of persons or cargo from one point to another within or outside the state in return for compensation and also the services rendered are available to the public. Some of the common carriers available are buses, trains, ferries and airplanes. Nevertheless, there are some exceptions especially when it comes to certain types of airplanes as well as some vessels that are included in the private charter transportation.

The importance of knowing whether a transportation service is a common carrier or not is for the implementation of specific common carrier regulations in various states. The common carrier regulations are usually applied to equipment requirements, licensing, transportation procedures, fare and rates and others that are related to the operation of the common carrier. The set regulations are provided to benefit not only the common carrier industry but more so the general public. Common carriers are required to follow strictly the regulations and standards impose in their respective states.

For accidents relating to common carriers, the Federal Government has created various regulations as to the degree of the liability that common carriers have to its passengers who are injured while making use of the common carrier services. In case of common carrier accidents individual State law applies in determining the extent of personal injuries which a common carrier may be liable. However, a great number of states follow the general rule that common carriers are liable for personal injuries sustained by its passengers. This law is based on the premise that a common carrier must and should employ the highest level of care, diligence as well as vigilance when transporting passengers to their appointed destinations. The common carrier is also expected to maintain necessary equipment coupled with a reasonable degree of skill in order to accomplish the safe transportation of passengers.

And depending on the governing state law, there are some state regulations that do not necessarily obligate a common carrier to be completely responsible for the safety of its passengers but requires that the common carrier should show a high degree of care to its passengers. But still the general rule applies that a common carrier would be held responsible for injuries sustained by its passengers in cases wherein accident would have been avoided if only the carrier had used care and diligence in transporting their passengers.

For comments and suggestions about the article kindly visit Los Angeles Vehicle Accident Attorney Services

About the Author: Jinky C. Mesias is a lover of simple things and of nature. She spends most of her time reading and writing poetry.

Source: www.isnare.com

Do You Have a Case Against Your Stock Broker? Ten ways to Te

December 28, 2008

As an attorney who represents individual investors from around the Country in claims against their stock brokers, I hear a wide variety of complaints about brokers’ fraud and misconduct. If you believe that your broker has abused or harmed you, you may want to consider whether your complaint falls within any of the following typical complaint categories. If you fall into one of these categories, you may have a meritorious complaint against your broker.

Here are some guidelines to consider whether or not you have a case:

1- Unsuitable Investments - If you tell your broker that you are a “conservative” investor with a “low” risk tolerance and you are put into, for example, risky high technology stocks.

2- Unauthorized Trades -If you notice that buys and sells are occurring in your account without your prior permission or knowledge or any contact from your broker, these trades are “unauthorized”.

3- Risk Profile Change - If you notice that the “investment objective” or “risk profile” (”aggressive” “moderate” or “conservative”) on your monthly account statements has changed, without your input, from, for example, “moderate” to “aggressive”. A “red flag” should go up if you receive documents from your broker which do not reflect your investment objective (aggressive, moderate, conservative).

4- Fraudulent Stock Research - If you bought stocks relying on stock research which was determined by the SEC and New York Attorney General to be “fraudulent” (Infospace, ICGE, WorldCom, etc).

5- Churning - If your broker is excessively trading or constantly turning over your account, for the purpose of generating sales commissions.

6- Fraudulent Statement of Risk - If you have suffered substantial losses in your account and your broker told you that you had a “low risk” portfolio.

7- Over-concentration- If your account is over-concentrated in stocks and equity mutual funds which are primarily high technology or telecommunications, you have an over-concentrated portfolio. If your broker has not allocated your assets into different classes (stocks, bonds, cash) or diversified your stocks and equity mutual funds into different industry “sectors”.

8- Excessive Use of “Margin” - If your broker buys stock with “margin” borrowings which you did not authorize.

9- “Activity” Letters - If your brokerage firm sends you an “activity” letter advising you of large losses, turnover, high commissions, high margin levels, etc. in your account and this is not consistent with your instructions to the broker.

10- Mutual Fund “Switching” - If your broker advises you to get out of one mutual fund or “variable annuity” and into another. Often brokers are “pushing” mutual funds which are “proprietary” and which may give the broker higher compensation and are not necessarily in the client’s best interest.

About The Author

Jacob H. Zamansky specializes in securities arbitration and has over twenty-six years of litigation experience at private law firms and as a federal prosecutor (FTC). He has been recognized by the press as a “big-time” litigator and legal strategist. As a frequent commentator and “source” on CNBC, CNN, National Network News and FOX Business News, He has been quoted for publication in virtually every financial and legal publication including The Wall Street Journal, New York Times, Money Magazine, The New Yorker, Business Week and Fortune Magazine.

jake@zamansky.com

Why Shouldn’t I Let My Family Lawyer Handle My New York Medical Malpractice Case?

December 23, 2008

Have you ever wondered why there’s so many lawyer advertisements?

It’s because lawyers think that injured victims don’t know how to choose an attorney on their own. Guess what? They’re right! If you’ve got a billboard in front of you after you’ve been injured that says something like “Is your car totalled? Did you break your bones? Call our law firm…” Isn’t this a call to action? Sure it is. But is this the best firm for you? Let’s see.

Your family lawyer is great to have general legal issues taken care of; preparing your will, maybe some business matters, parking tickets, small claims court, or maybe even some personal injury. When you’ve been injured by a doctor or a hospital, your family lawyer is probably the first one you’re going to turn to for advice.

But, is he the right person for the job? Maybe, maybe not.
Medical negligence, or medical malpractice is a very specialized area of law. Extensive knowledge of medicine, while not required, is often helpful in prosecuting a malpractice case. The defense lawyers who represent the doctors and hospitals are usually a sophisticated group of trial lawyers. You want your attorney to be familiar with the defense attorneys, and you want your attorney to have experience handling, prosecuting and trying malpractice cases.

It’ll do you no good if the biggest case your family lawyer has had involved a minor injury or a ’soft-tissue’ case. Ask your family lawyer if he handles malpractice cases regularly. Having a few personal injury cases, does not make him an expert trial attorney in a malpractice case.

Nor should you let your family lawyer put your case into suit to try and ’squeeze’ a few dollars out of the malpractice insurance company- for a quick settlement. Why? Because it dosen’t work with malpractice claims. They’ll quickly realize that your lawyer doesn’t have the ability to take your case to trial, and your case will suffer because of it.

A law firm that has taken cases to verdict and is not afraid to try a case stands a better chance of getting a good result, than a lawyer just looking for a quick settlement.

Just remember- your family lawyer may be a great lawyer- but think long and hard whether you want him (or her) to handle your malpractice case. Ask lots of questions, and choose wisely.

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.

New York Birth Injury Lawyers

December 14, 2008

Usually, birth injuries are caused due to the negligence of doctors or physicians. These things happen due to lack of attention of the physician, when he or she does not react quickly to signals of a patient’s distress. Birth injuries might also take place when the responsible medical professional fails to give proper medical care during the pregnancy or birthing process.

Even a small amount of negligence might result in fatal conditions both for the mother and the infant. Lifelong paralysis, brain damage, and even can occur. Some of the probable birth injuries include bone fractures, damage to the spinal cord, bruising and skin irritation, paralysis, infections, brain damage, internal bleeding, injury due to forceps, cerebral palsy and brachial plexus.

Empathy, compassion and understanding are some of the qualities that are very important to look for in a birth injury lawyer. Birth injuries may or may not be an irreconcilable fact. Every year numerous infants are subject to birth injuries in various nursing homes and hospitals in New York City as a result of medical negligence. The unexpected birth injury is not only tragic, but would also come with a lot of heavy expenses, such as hospital bills.

New York-based personal injury lawyers specializing in birth injuries render great services to the relatives of the victims by making them receive the maximum amount of compensation they deserve. To cite an example, one might mention a very successful New York law firm who claimed more than $3,900,000 for a birth injury resulting from the failure to do an emergency C-section in a timely manner.

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.

Personal Injury Attorneys

December 13, 2008

If you have suffered personal injury and want to get compensation from the party responsible for that injury, you should enlist the help of any personal injury attorney in your state. Personal injury attorneys know how to present your compensation claim in a convincing fashion before the courts. It’s not easy for ordinary people to independently fight their personal injury law cases in court. You may not be aware of the legal proceedings related to a personal injury law. But the personal injury attorneys are familiar with all the legal aspects of the personal injury law.

There is no harm in consulting a personal injury attorney whenever you become a victim of personal injury or negligence. You have the legal right to claim compensation from the person responsible for inflicting injury. Personal injury attorneys can help you exercise that right. Personal injury attorneys usually handle only personal injury cases. You will find various personal injury attorneys in your state offering counsel at affordable fees. They have a huge amount of knowledge and experience on personal injury law. Thanks to their experience and proficiency, you will hopefully be able to claim your compensation. However, personal injury attorneys can do nothing unless you take the initiative on time. You should contact a personal injury attorney soon after the offense takes place. This will give the attorneys ample time to carry out the necessary investigation and collect evidence in support of your claim.

You need to act on an emergency basis if you want to get justice. You can find the best personal injury attorneys in your state on the Internet. You should always try to gather information on those lawyers to make sure they are capable enough to claim the damages successfully. One has to be careful while selecting an attorney.

Personal Injury provides detailed information on Personal Injury, Personal Injury Attornies, Personal Injury Settlements, Personal Injury Lawsuits and more. Personal Injury is affiliated with Average Personal Injury Settlements.

Free Criminal Records Searches - For Every Investigator

December 10, 2008

“Don’t talk to strangers.” Echoes of this warning from our childhood days come to us briefly in certain moments. In today’s highly mobile society, it’s hard to trust just anyone. Everyday we encounter new faces of whom we know nothing about. We don’t know for one if that person we met at the subway has a record of mugging. We don’t know if the nanny we hire to care for our kids while we go to work has a history of violence against children. And then we don’t even know whether our co-workers have the same tendency to commit violence.

Before the time of free criminal records searches over the Internet, judging a person’s character requires some form of people intuition skills. But since intuition may not prove to be as reliable as we would like to believe, we feel threatened.

With the advent of free criminal records searches, that threat is lessened. The Internet has made it possible and easier for us to perform free criminal records searches on anyone. So now we can hire nannies for our children without worrying whether or not that person can be trusted to take good care of them. Now, we can hire people to work for our company, confident in the fact that we conducted free criminal records searches before accepting their applications. And we fee much safer now at the workplace where pre-employment background checks and free criminal records searches are performed, knowing that our fellow employees do not have a propensity to criminal behavior.

But like all things, information does not always come for free. You pay a high price just to stay informed. Most of the time, companies who are greater risk of negligence lawsuits hire private research firms who do their pre-employment background checks for them for charge. The costs for services rendered are high since these firms really send people out to government offices to manually retrieve information from their databases. Although the information you get from these research firms are really comprehensive and useful, not everyone can afford it. And so for the purpose of providing research sources for those who wish to conduct criminal records checks but want to save on costs, here is a short list of free websites offering databases of public records information.

State Central Repositories

Many States in the U.S. offer central repositories of criminal records where you can perform free searches. However, depending on which state, these state databases of criminal records may charge a minimum amount for each search request that you make. State databases usually include detailed information about statewide criminal records submitted by various law enforcement offices and criminal justice agencies located within the state.

City Databases

All states in the U.S. keep databases of criminal records based on reports filed in their major cities. These databases allow you to extract information on a particular subject. Hence, city databases are excellent places for you to start your free criminal records searches.

County Databases

Aside from cities, databases containing free criminal records are available county-wide. The search information you get from these sources are based on reports submitted to the county index from county courts, including district courts and circuit courts. County databases are excellent sources of free criminal records of court filings and you can use them to start your search.

Find Anyone, Anywhere, Anytime… Dig Up Dirt on Anybody… Even Uncover Secrets and Closely-Guarded Information… Plus, Do It All Legally and Without Anyone Ever Finding Out! Visit the Criminal Background Check site for more information.