Junk Faxes – New California Law Challenged

Junk Faxes – New California Law Challenged

Word Count:
410

Summary:
I hate junk faxes. You hate junk faxes. We all hate junk faxes! California legislators passed a law banning them, but it has been delayed to a legal challenge.

Keywords:
junk fax, faxes

Article Body:
I hate junk faxes. You hate junk faxes. We all hate junk faxes! California legislators passed a law banning them, but it has been delayed to a legal challenge.

Junk Fax Prevention Act

In 2005, the State of California passed the Junk Fax Prevention Act. Legislators were reacting to the bevy of businesses screaming about the junk faxes being received daily. The problem with junk faxes, besides being annoying, is they put wear and tear on fax machines as well as using up paper and toner. In passing the new law, legislators sought to help businesses. In truth, I imagine they just wanted to free up their own faxes, but I digress.

The Junk Fax Prevention Act was set to go into force on January 1, 2006. In a rather shocking move, the U.S. Chamber of Commerce filed for an injunction, which was granted. Joining the Chamber of Commerce is Xpedite Systems, a fax company. Filed in federal court, the injunction was granted and the law stayed from being enforced. A hearing on the matter will be held January 23, 2006 with the earliest resolution of the matter being January 30, 2006.

At the heart of the dispute is an exemption to the law known as the previous business relationship exemption. Under federal law, a person may send a fax to a person or business with which they have had a previous business relationship. The problem, however, is there is no particular test for determining a previous business relationship. The California law seeks to require proof of such a business relationship.

Ironically, the U.S. Chamber of Commerce was one of the biggest and boisterous supporters of the federal junk fax law. In a mysterious change of position, the Chamber of Commerce is now taking the position the California law is unduly burdensome on medium and small businesses.

This position is so much hogwash, a typical stance for the Chamber of Commerce. When evaluating such bland statement positions, it is always important to use common sense. In this case, a business sending faxes to clients is easily going to have proof of such relationships. Indeed, most businesses now communicate by email with their clients in lieu of a fax. If something written needs to go out, it is typically done by snail mail.

Intentionally or not, the only parties the U.S. Chamber of Commerce is protecting are the junk fax senders. What a shame. Let's hope the court puts the Chamber in its place.

 

IT - Negotiating certain Terms in IT Contracts

IT - Negotiating certain Terms in IT Contracts

Word Count:
420

Summary:
Do you know how to successfully negotiate an IT contract?

n Vogon International Limited v The Serious Fraud Office [2005], a dispute arose in relation to the interpretation of the payment terms in the contract between the parties.

Keywords:
IT Contracts, Intellectual Property, Copyright Law, Software Agreements, Find an IT Lawyer in London, Find an IT Law firm, IT solicitors, IT development contracts, Internet lawyers, Patent Lawyers

Article Body:
n Vogon International Limited v The Serious Fraud Office [2005], a dispute arose in relation to the interpretation of the payment terms in the contract between the parties.

The Serious Fraud Office ("SFO") hired Vogan International Limited ("Vogon") to retrieve email data from computerised tapes used during a criminal investigation. Prior to entering into the agreement, Vogon calculated its estimated fee based upon number of completed backups. When Vogon later submitted its quotation to the SFO, the costs were determined in relation to number of completed Microsoft Exchange databases.

Vogon processed 39 backups from the tapes provided by the SFO in relation to two Microsoft Exchange Databases. Vogon sent an invoice to the SFO for £314,375 for the 10 days' work needed to process the 39 backups.

The SFO claimed that the sum due was based upon the number of completed Microsoft Exchange databases, so paid Vogon £22,500.

The court ruled in the SFO's favour as follows:-

the word "database" had no single meaning and so it was necessary to consider the word in its contextual meaning;
the question was not what the word "database" was capable of meaning, but what it meant within the contract;
in the context of the quotation and the accompanying cover letter, all references to databases were references to a server;
furthermore, Vogon's construction of "database" was commercially unlikely, given the difference between the resulting charges;
Vogon could not claim a case of mistake or estoppel as this would be contrary to legal principle; and
Vogon should pay the SFO's costs as Vogon's invoice for such a large sum had been dishonest and opportunistic.
Vogon appealed this decision to the Court of Appeal ("CA"). The CA held that:-

the court was correct in its interpretation of the contract and awarding the SFO its costs;
however, court was wrong to make a finding against Vogon that it had been dishonest and opportunistic where dishonesty had not been argued by the SFO nor did Vogon have the opportunity to defend itself against such findings.
Comment : Parties should seek legal advice at the outset of negotiations. This could avoid excessive legal fees and save valuable time, in the event of a dispute.

 

Identity theft, what can be done to prevent it?

Identity theft, what can be done to prevent it?

Word Count:
314

Summary:
Identity theft, prevention  and recovery

Keywords:
identity theft, id theft,

Article Body:
The Associated Press just reported on November 28th 2007 the results of a survey done by the Federal Trade Commission, the results the FTC came up with stated that the occurrence of ID theft was down 16 percent, from an anticipated 9.9 million victims to 8.3 for people over the age of 18, of course a few consumer advocacy groups disputed their findings stating that it was difficult to get a precise handle on the number of victims due to a number of factors one of them is that people don't often know what exactly is in their credit report.

one of the reasons given for the FTC survey understating the actual numbers, was that the conclusion is not statistically significant since it was a phone survey where a small sample was used, another reason was that a separate survey was done by the Gartner Group using the same research firm McLean VA. based Synovate. The difference was in the fact that Gartner's survey used a web based data collection method that does not account for non web users so it's results should be statistically be lower.

The Gartner survey showed that the number of victims of Identity Theft actually rose from 10 million to 15 million people in 2006.
 Furthermore the people most likely to be contacted first, Banks, and Mortgage companies are not required to report these losses nor are they likely to call attention to their own fraud problems, and most victims won't bother contacting the Government because they won't get the victims money back or correct credit problems.

The bottom line is that Identity Fraud cost consumers at least 1.2 Billion dollars directly, and businesses 55.7 Billion in annual losses, the cost to businesses gets past on to consumers in the form of higher rates and fees. The end result is the same, ID theft costs you regardless if you are an Identity Theft Victim, or a person borrowing money.

 

How To Give Notice of Copyright On Your Works

How To Give Notice of Copyright On Your Works

Word Count:
361

Summary:
The use of a copyright notice is no longer required under U. S. law, but you should still give notice whenever possible. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.

Keywords:
copyright, notice

Article Body:
The use of a copyright notice is no longer required under U. S. law, but you should still give notice whenever possible. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.

Under the 1976 Copyright Act, creators of covered works were required to give notice of copyright on the work in question. This requirement was eliminated when the United States signed onto the Berne Convention in March 1989.

You should give notice of copyright whenever possible because it puts the public on notice that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then the defendant can't claim innocent infringement as a defense. Innocent infringement occurs when the infringer did not realize that the work was protected.

The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.

Form of Notice for Visually Perceptible Copies

The notice for visually perceptible copies should contain all the following three elements:

1. The symbol © (the letter C in a circle), or the word "Copyright";

2. The year of first publication of the work. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article; and

3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized.

Here's an example: © 2002 Jane Doe

Position of Notice

The copyright notice should be affixed to copies in such a way as to "give reasonable notice of the claim of copyright." The three elements of the notice should ordinarily appear together on the copies or container.

In Closing

You work hard to create books, articles, music and other items. Make sure you protect them by giving copyright notice.

 

How to fill an intake information form for a lemon car ?

How to fill an intake information form for a lemon car ?

Word Count:
465

Summary:
This article describes the principal information needed to correctly fill an intake
information form concerning a lemon car.

Keywords:
lemon law, lemon law form, automobile lemon law

Article Body:
This article describes the principal information needed to correctly fill an intake
information form concerning a lemon car.

Besides elementary information such as your name, address, phone, fax and or email,
mandatory information concerning your vehicle must be precised. More than 8 information  concern your vehicle, and you have to be ready to provide the following :

* Year, make and model of your car.
* Date it was purchased.
* Was your car a leased or a purchased car ?
* Tthe approximate mileage of your car when you took possession.
* The current mileage.
* Where was this car bought ?
* While in your possession, has this vehicle been damaged or eventually wrecked ? You
will have to be as precise as possible when describing the damages.
* Is this car used for your personal use or for business ? If it is for business, you should be able to give a % of the total mileage.

After this, problems concerning your car will have to be detailed as precisely as possible.
Once more, you should be ready to answer the following 11 questions :

* Has your vehicle been in the repair shop ? How many times?
* Does the problem/defect still exist ?
* How many calendar days has your car been out of service because of maintenance at the repair shop ?
* Where was it repaired ?
* Do you have repairs orders for all the repair attempts ?
* Do you also have repairs orders that can help you determine the number of days
the vehicle was out of service because of repairs ? If you are not in possession of
all these precious documents, ask your dealer to provide them for you.
* You should make a list of all experimented problems, the number of kilometers to
the dealer for each problem and whether you think the problem is fixed or not.
* Do you think the dealer lied about the car during the negotiations before its purchase?
And why ?
* Are you in possession of written and dated communication with the manufacturer ?
* Are you in possession of written and dated communication with the dealer ?
* Have you asked for a refund ? if yes, what was the response ?

Now, you will have to tell about the purchase of your vehicle.

* How did you finance your vehicle ? Was it through the dealer and were you encouraged to finance it through them ?
* If financed, please provide your interest rate loan, the name and address of the bank.
* What is the monthly payment and how many payments have already been made ?
* What was your down payment ?
* If any, what was given for you trade-in value ?

Filing an intake information form for a lemon car will, as you see, require a lot of information about the vehicle and its history. If you expect good results, we advice you to keep a written track of every fact in the history of you car.

 

How To Choose An Adoption Attorney

How To Choose An Adoption Attorney

Word Count:
848

Summary:
No matter where you are in the adoption process, whether you have just started your Home Study or have already connected with a Birthparent, choosing an attorney to help you through the process is one of the most important choices you will have to make. I have worked in adoptions for over nine years and I want to stress to you that choosing an attorney that specializes in adoptions or has significant adoption experience is highly important. Although as an agency we do a lot o...

Keywords:
adoption,family

Article Body:
No matter where you are in the adoption process, whether you have just started your Home Study or have already connected with a Birthparent, choosing an attorney to help you through the process is one of the most important choices you will have to make. I have worked in adoptions for over nine years and I want to stress to you that choosing an attorney that specializes in adoptions or has significant adoption experience is highly important. Although as an agency we do a lot of the legal work ourselves with our own attorney, we also conduct Home Studies for couples who are doing independent adoptions, meaning they are going through an attorney rather than an agency. Most of the mix-ups and botched adoptions we see are typically associated with attorneys that do not practice adoption law or who know very little about adoption law.

When choosing an attorney to use in an independent adoption, I always recommend choosing one that is a member of the American Academy of Adoption Attorneys (also known as AAAA or Quad A Attorneys). Adoption law is typically state specific except for a few federal laws, so you want an adoption attorney that is well versed in the adoption laws of your state. Things get even more complicated if Birthparents live in one state and the adoptive family lives in another. This is called an interstate adoption. Not only are you dealing with the laws in each state, but you are also dealing with the Interstate Compact on the Placement of Children, a Federal law that regulates children being placed for adoption in a different state than where they were born. The adoption disruptions that we see played out in the media typically happen because something was not done legally the way it was supposed to be done. For this reason it is imperative that you use an attorney that knows the adoption laws for your state.

I teach monthly adoption seminars, which include a section on adoption law. During this session I always share the example of how both the lawyer and judge in a rural county in my state did not do things correctly, which ended in an adoption disruption. In this case the adoption was finalized in Juvenile Court, which cannot happen in my state as adoptions are finalized in Chancery or Fourth Circuit Court. But, even worse, the Birthmother never signed a Surrender to surrender her parental rights. You cannot finalize an adoption if one or both of the Birthparents still have parental rights to the child. Since her parental rights were still in place, when she went to the court five years later the adoption was overturned and her daughter was returned to her.

The purpose of sharing this story is not to scare prospective adoptive parents. I share it to educate them and to reinforce the importance of using an attorney who just practices adoption law or one who has done adoptions in their practice for at least five years. By doing adoptions for five years I don't mean two or three adoptions over the past five years. I mean someone who does them on a regular basis. Even if you know a lawyer who is a good friend or one who is doing the adoption just to help you, if they do not know adoption law they could end up hurting the adoption in the end.

Even if there is not a AAAA Attorney in your area, you should contact the AAAA Attorney that practices closest to you. They might travel to you or they could recommend someone in your area that knows adoption law. For instance, the AAAA Attorney that my agency uses along with most other agencies and adoptive families in the area has a list of attorneys that she contacts for adoptions in counties that are about two hours or more from her. If she is not busy, she will travel, but because she has such a good reputation she usually stays busy and she often refers families who live further away to other attorneys. She also will tell you which attorney to not use if she knows an attorney who has repeatedly done adoptions not according to the law, which is important information for adoptive families to have.

If you are beginning to search for an attorney to help with your adoption, the first thing you should do is to see if there is a AAAA Attorney in your area. You should always check their credentials and talk to families who have used them. It is also good to talk with other adoptive parents to see which attorneys they used and to find out if they had positive or negative experiences. The way an attorney handles or mishandles an adoption can literally make or break it. This is not a chance that you want to take when it comes to your family. You need to choose an attorney that will follow adoption law correctly and one that will make sure that the needs of everyone involved in the adoption process are met.

 

How to Behave in Divorce Court

How to Behave in Divorce Court

Word Count:
568

Summary:
If you or your spouse are unable to agree on the terms of your divorce, everything will be decided by a judge in a final court trial. You have a right to request a jury trial. In many states, including Florida, the "bench trial" is the trial of choice for a divorce case. A bench trial has no jury. So in a typical divorce, the judge is the most important person in your life. So it is best to always "play to the judge" throughout your case.

Keywords:
tampa divorce, tampa divorce attorney, tampa divorce lawyer, hillsborough county divorce, hillsborough divorce attorney, hillsborough divorce lawyer

Article Body:
Copyright 2006 The Divorce Center P.A.

If you or your spouse are unable to agree on the terms of your divorce, everything will be decided by a judge in a final court trial.  You have a right to request a jury trial.  Most people are familiar with jury trials -  where a jury of citizens from your community will decide the issues.

But family law courts are overcrowded and overworked.  While a jury trial is your right to request, asking for one will give the judge a negative impression of you before your case ever begins.  In many states, including Florida, the "bench trial" is the trial of choice for a divorce case.  A bench trial has no jury.  The judge serves as the jury and also serves as the judge.  The bench trial concentrates all the decision making power in one person, the judge.  So in a typical divorce,  the judge is the most important person in your life.  So it is best to always "play to the judge" throughout your case.

The vast majority of judges are intelligent, compassionate, and concerned with doing the right thing.  But judges are human and you must guide your behavior in, and out of court, by how you may appear to another person.  From the start of your divorce to the final judgment (and possibly beyond) you must take "the high road."  This means you should act rational and with integrity.  Don't act up, or do anything the judge may use in a decision to punish you.

Always tell the truth and do what you promise to do.  If your actions don't match your words, a judge will pick up on that.  Be the person everyone admires throughout your divorce and the judge will pick up on that as well.  A judge will frequently give the benefit of the doubt to a person that appears to be rational and honest.  Further, a judge that gives you the benefit of the doubt will go out of his or her way to do the right thing.

However, you must be aware that as human beings, judges can act unpredictably.  You may get a certain ruling because the judge "woke up on the wrong side of the bed" that day and you looked like the bad-guy in court.  Again, you will always come out best if you maintain a squeaky clean image.  During your hearing, avoid appearances of instability.  Even if you don't speak during your trial, the judge is probably looking at and evaluating you.

Don't:

• interrupt your attorney every 3 minutes
• glare at your spouse or the opposing attorney
• speak directly to the other party or attorney
• speak to the judge if you have an attorney - unless asked to
• furiously write notes in a compulsive-looking manner
• wear revealing or dirty clothing

The rules strictly prohibit any communication with the judge outside the presence of the other party.  So do not attempt to speak to the judge in private.  Letters to the judge are also prohibited.  All communications with the judge must be conducted in the presence of the opposing party.  And in practice, any communications must be done at a mutually arranged hearing in front of the judge.  Finally, always be aware your actions and words are being measured and analyzed by a stranger.  But in this case, the stranger is a judge and has power over your life and your divorce.

 

How to Become a Notary Public

How to Become a Notary Public

Word Count:
402

Summary:
Notary Publics first became prominent during the 1500's, at the height of the Roman Empire.  They were chosen either by the Pope, or the Archbishop of Canterbury to whom the Pope delegated authority.  During those years notaries were well versed in foreign languages, as well as the principles and practices of law.

Keywords:
Notary Public, How to Become a Notary Public, Notary Public Supplies, Notary Public Service Locations

Article Body:
Notary Publics first became prominent during the 1500's, at the height of the Roman Empire.  They were chosen either by the Pope, or the Archbishop of Canterbury to whom the Pope delegated authority.  During those years notaries were well versed in foreign languages, as well as the principles and practices of law. 

On the other hand, becoming a notary public in the U.S., thereby serving as witness to the signing of documents and an administrator of oaths, does not require special training or experience.  It is a relatively easy position to secure, in most cases only requiring the candidate to pass a short test and undergo a background check.  With this in mind, the rights and privileges accorded to a notary public do not extend beyond the basic duties of an impartial witness.  More specifically, they are not permitted to give any form of legal counsel, prepare legal documents or otherwise practice law. 

For those interested in becoming a licensed notary, there are three basic steps to follow:

First, fill out an application, providing your name, address and other contact info.  You will also answer questions regarding age, residency and any previous notary commissions held.  (Application procedures vary from state to state.  For more information regarding the application process, you can visit the National Notary Association website,    Second, applicants are next required to pay a fee to the commissioning authority.  Finally, applicants must take an oath of office, which may be incorporated into the application or filed with a county clerk.

There are other possible steps that may include taking an educational course, passing a test or obtaining a notary bond.  These requirements vary from state to state, therefore applicants are encouraged to consult their local official or contact the National Notary Association for more info.

Many states offer notary public classes to help aspiring notaries gain their commission.  Pat Meyer, an instructor at a Northern California Notary instruction course has helped thousands of notaries or future notaries obtain or renew their notary commission.  The course offers same day classes and exams.  For more information about this service, log onto those residing in the state of New York, log onto , where one can purchase a New York Notary Application Kit, which includes sample notary test questions, as well as the official New York Notary Laws and Procedures handbook.

 

How To Appeal Your Denied Social Security Claims?

How To Appeal Your Denied Social Security Claims?

Word Count:
411

Summary:
Social Security is an agency of rules and regulations. These rules and regulations command for strict compliance among its members. During the processing of claims it cannot be helped that some claims are rejected or denied.

Keywords:
Appeal, Denied, Social, Security, Claims

Article Body:
Social Security is an agency of rules and regulations. These rules and regulations command for strict compliance among its members. During the processing of claims it cannot be helped that some claims are rejected or denied. The rejections of the claims are based on a thorough analysis of all supporting documents and papers submitted to the agency. Nevertheless, it is also natural for members to challenge the decision of the agency. But as I mentioned the agency has rules and guidelines to follow so if ever a member would like to complain he or she should know the proper procedures involved in appealing.

Members are given sixty days or two months to file for an appeal. There are four levels of appeal which members may apply to and these are as follows: reconsideration, hearing by an administrative law judge, review by the appeals council and the federal court review.

Appealing for reconsideration means that you are asking for another complete review of your submitted claim but this time the reviewer would be a different agency personnel. This person will try to review every minuet detail of your claims as well as your submitted documents and will try to look for new evidences that will help you in your appeal for claims.

The hearing by an administrative law judge is usually held within 75 miles away from the member's home. The administrative judge will simply notify the appealing member of the time and place where the hearing will take place. A member is allowed to employ the service of a Social Security Lawyer to help provide him or her with the necessary legal assistance. The administrative judge may also request for some witnesses so it is important that a member to have their witnesses present especially during hearings.

The appeals council is called upon if ever after the hearing still the member disagrees with the verdict. However, not all requests for appeals in appeals council are granted especially when after a thorough deliberation of the hearings result shows that the decision was correct. And if after again filing for an appeal on the appeals council a member is still not satisfied of the decision he or she may brought the whole matter to the federal court. The federal court is actually a member's last resort.

And lastly hire the services of a Social Security Lawyer so that you will be ensured of a much greater chance of getting your claims approved.

How does child custody in Canada work?

How does child custody in Canada work?

Word Count:
670

Summary:
In the confusion of divorce, most parents never consider the issue of child custody beforehand.  Often communication between the spouses has broken down and both parents presume their assumptions about child custody

Keywords:
Ontario divorce laws, Canadian family law, Canada divorce laws, child custody laws

Article Body:
In the confusion of divorce, most parents never consider the issue of child custody beforehand.  Often communication between the spouses has broken down and both parents presume their assumptions about child custody to be accepted by the other parent.  Often this is not the case.  As a result, many divorcing parents find themselves confused and surprised by the prospect of child custody issues in divorce.

The greatest misconception is that the primary caretaker is the presumed de-facto custodial parent.  So, most parents who take the lead role in providing for the child in marriage simply assume that the law will recognize this role by giving him or her primary custody after divorce.  Historical care, however, does not automatically guarantee child custody. If you have filed for a divorce and your ex has gone ahead and obtained a legal order to take custody of your child – the child can be legally taken away from you despite any caretaking role you may have had in your child's life.  As a result, unprepared divorcing parents often find themselves in a position in which they don't have the legal right to make any important decisions regarding their child – on issues such as education, religion and medical treatment.

Courts Decide Custody

According to Canadian law, until courts decide otherwise, both parents have equal rights of custody to any and all children. Cutting through the legalese, what that means is: get the courts to grant you custody – only then you are safe against any counter motions by your spouse. In order to navigate the courts, however, you need to educate yourself about Canadian custody battles to ensure that you, and not your ex, manage to convince the courts to give custody of your child to you.

A Child's Best Interest

In Canada, as in many other countries, courts focus on only one issue in child custody cases: they decide what in their view would be in the child's best interests and grant custody accordingly.  This is a somewhat vague standard as you may imagine, and as a consequence it will serve you well to understand the underlying factors which will influence a court in reaching a decision regarding the best interest of a child.

-each parent's ability to provide for the child's needs both financially and emotionally,

-the relationship each parent has with the child,

-your child's wishes, if he or she is of an age of maturity to convey to the court their wishes,

-if you have more than one child, the court normally prefers to keep them together,

-the court will try to minimize the disruption of the child's life (the status quo),

-who the primary caregiver of the child was during the marriage,

-time available to spend with the children (working hours, out of town trips),

-one parent's interference with the other parent's relationship with the children,

-any special needs of the child.

Common Presumptions of the Courts

The portrait painted above indicates that there are a great many factors, which a court will use to determine the best interest of a child.  That said, however, there are three cardinal rules that generally prevail for most courts:

1) Stay at home mother: A devoted stay at home mom, almost always gains custody of the child over a working husband. This presumption is based upon the fact that, especially for young children, the court likes to place children in an environment where the parent is certain to be around often.

2) Established status quo: If either party has, for all practical purposes, already taken control of the child after separation but before any official declaration by the courts, the judge will typically interpret the current living arrangement as the default arrangement and all things being equal will uphold it. 

3) Primary caregiver: If you can establish that you have been the primary care giver for a child then the law will typically presume that you are best situated to care for the child in the future and as a result grant you custody.

 

How an employee background check works

How an employee background check works

Word Count:
449

Summary:
Over the past few years pre-employment background checks have gained significance for employers big and small. Companies can either execute the required activities in-house or can outsource them to human resource companies that specialize in carrying out background checks.

Keywords:
Employee background check, software

Article Body:
Over the past few years pre-employment background checks have gained significance for employers big and small. Companies can either execute the required activities in-house or can outsource them to human resource companies that specialize in carrying out background checks. 

There is a lot of paper-work, co-coordination, and follow-up that goes into conducting a background check and for this reasons companies prefer to get the job done by an outside agency. The background checks have to be done in accordance with the Fair Credit Reporting Act (FCRA). According to the FCRA, an individual who earns less than $ 75,000 per annum cannot be reported for criminal acts that are more than seven years old. Also, the checks can only be done with the signed consent of a job seeker.

Companies that wish to execute background checks should do so as a matter of policy and should make this known to job seekers. This acts as a deterrent for applicants who intend to hide information. if an external agency is hired to do the check then one should check if the agency is conversant with FCRA requirements, relevant state and federal laws, and the equal employment opportunity laws. The sources from which the company obtains its information should be verifiable. Normally, the information is acquired from consumer reporting agencies that report on education, credit history, and criminal records. 

A standard employee background check verifies driving and credit records, employment background, Social Security Number, education, and military background. The check can also include drug tests and checking on references provided. The nature of the background check varies with job requirements, for example drivers are normally subjected to a stricter reference check and their motor-vehicle records are looked at more closely. Similarly, the credit records of accountants and those who may be required to manage a company's finances are scrutinized more than the records of others.

When availing the services of an outside agency, factors such as the extent of the check, nature of information desired, contact points at both ends, and person assuring the accuracy of information provided should be decided beforehand. The contract between an employer and a third party Human Resource company should address privacy and discrimination laws, timeframe for submitting information, indemnities, insurance against errors and omissions, and evidence of professional liability. 

Employers should compare the data obtained from various sources during the process of a background check. Information in a job applicant's resume should be checked with facts stated in the job application. There should be no inconsistencies in the information provided in the cover letter and facts offered during the interview. Common things that are cross-checked include the Social Security number, education, and the date of birth.

 

How a Living Trust Can Help You Disinherit Uncle Sam

How a Living Trust Can Help You Disinherit Uncle Sam

Word Count:
481

Summary:
A Living Trust can help your family save hundres of thousands, if not millions of dollars in Federal Estate Tax liabilties.

Keywords:
living trust, will, estate plan, estate planning, tax, estate tax, probate, trust

Article Body:
Copyright 2006 Ainer & Fraker, L.L.P.

A living trust can help you reduce your estate tax liability to Uncle Sam.  To see how this tax reduction works, let's examine the following hypothetical case:

Client Family has an estate of $4 million. The husband dies in 2006, leaving his entire estate to his Wife.

Under the 2006 tax rate, each spouse is entitled to an exemption of $2 million (known as Unified Credit Amount), which is not subject to Federal Estate Tax.  Any amount over $2 million is subject to taxation at a rate up to a maximum of 46%.

According to the current law, here is the likely scenario without a Living Trust. The husband is able to transfer his entire estate to his wife, and pay no taxes at his death.  This transfer is referred to as the Unlimited Marital Deduction, and it allows the husband, upon his death, to transfer any amount to his wife, free from estate tax.

That sounds like a pretty good deal, until you learn why Uncle Sam supports it.  Uncle Sam knows that he is not giving up his right to collect the Estate Tax, but merely postponing it.  By postponing it, Uncle Sam can collect a higher rate of taxes than he can by taking it immediately because both spouses did not use their exemption.

The husband has transferred his entire estate to his wife, and she now has an estate of $4 million. When the wife dies, Uncle Sam will allow her to use her $2 million tax exemption, but the remainder is taxed up to a maximum rate of 46%.

The result is that the wife will pay nearly $900,000 in estate tax on the $2 million of her estate that is not excluded from the estate tax.

Why will the wife have to pay nearly a million dollars in estate taxes?

Remember that the $2 million exclusion is allocated to each spouse.  When the husband died, he did not use his exemption, and therefore, it was not available to help his wife upon her death.

The Unified Credit is a "use it or lose it" tax exemption.  If you fail to use it at the first spouse's death, it is gone forever.  Fortunately, this outcome can be avoided through some basic estate planning.

Let's examine what happens if Client Family has a Living Trust.  At the husband's death, $2 million passes outright to his wife in the Marital trust. $2 million passes to a Bypass Trust.  In this scenario, both Unified Credit exemptions are used.  The wife's $2 million exemption is applied against the Marital trust, and her husband's $2 million exemption is applied against the Bypass Trust.

The result?

Client Family passes on $4 million to their children, and the children pay no estate tax.  For the price of a Living Trust, Client Family saved nearly a million dollars in estate taxes.

Which result do you prefer for your family?

 

Help! Finding a lawyer

Help! Finding a lawyer

Word Count:
477

Summary:
Chances are if you are looking for a lawyer you are at a very stressful time in your life, and are overwhelmed. It doesn't have to be as hard or as costly as you think to find a good lawyer. Provided below are some tips that can take the stress out of finding a lawyer
What is it that you wantWhen first starting out the whole process take time to jot down exactly what it is that you want in a lawyer and in your legal case in general. This will help save you cost and aid greatly

Keywords:
Help! Finding a lawyer

Article Body:
Chances are if you are looking for a lawyer you are at a very stressful time in your life, and are overwhelmed. It doesn't have to be as hard or as costly as you think to find a good lawyer. Provided below are some tips that can take the stress out of finding a lawyer

What is it that you want -
When first starting out the whole process take time to jot down exactly what it is that you want in a lawyer and in your legal case in general. This will help save you cost and aid greatly in finding a lawyer. Have a detailed layout of your whole case, what it is that has happened, and what it is you want to happen as a result of the legal case. Another very important question to ask yourself is: How much can you afford to spend on a lawyer?

Where to Look for a lawyer -
Are first instinct when looking for a lawyer is to flip through the yellow pages and to see which ad, or slogan sounds right. This isn't the worst idea, although setting up consultations can be very timely and time consuming. I would recommend talking to friends and family first to see if they or anyone they know have had experience working with lawyers in your area and what they would recommend. Several people have gone through the same situation as you, ask around, and I'm sure they will gladly help you out as they understand what it is like to be in your shoes. There are also several places online where you can search for lawyers. Be careful when searching online as often times sources aren't as creditable as they would give themselves credit for.

What to look for in a lawyer -
I think the most important aspect in finding a lawyer is finding someone that you can work with. You might find the best lawyer in the world, but if your personalities don't mesh, your going to have a really hard time working through your case. Make sure the lawyer you seek out has experience and expertise in the matter that you need him or her for. For Example if you need a divorce lawyer, there is no sense going to a lawyer who specializes in Corporate Law. This will help save in legal fee's and also give you a much better chance in the case you are fighting. Look into the Lawyer's experience and history. Is this lawyer qualified to handle your case?

If you take these things into consideration I have no doubt that you will have success in finding a great lawyer.

Feel free to reprint this article as long as you keep the following caption and author biography in tact with all hyperlinks.

 

Gem State Idaho Child Support

Gem State Idaho Child Support

Word Count:
485

Summary:
Establishing and Enforcing Idaho Child Support OrdersIf you do not already have a child support order, Idaho Child Support Services office can help you navigate the legal requirements to get one.

Keywords:
idaho child support, child support laws, child support, child support enforcement

Article Body:
Establishing and Enforcing Idaho Child Support Orders
If you do not already have a child support order, Idaho Child Support Services office can help you navigate the legal requirements to get one.  To begin the process, you must provide as much information as possible to the child support office regarding your child and the non-custodial parent.  Information that may be requested includes contact information, birth dates, Social Security numbers, and employment details. Child support orders are established through the court system.  Therefore, Idaho Child Support Services office does charge fees for this service.  If the other parent does not contest the child support order, you will be charged $330-$360.  If it is necessary to go to court to establish the child support order, you will be charged $475.  In most cases, the non-custodial parent will be required to pay the legal costs associated with getting the child support order.<BR>

Once a child support order exists, Idaho child support office can enforce it through such actions as income withholding, intercepting tax refunds, suspending licenses, or reporting debts to credit agencies. 

  
Changing a Child Support Order
Either parent can request a review of the child support order if he or she feels it should be changed.  In Idaho, all changes to child support orders must be signed by a judge, but to avoid unnecessary legal fees, you can request the Idaho's Child Support Services office reviews the child support order and circumstances before beginning the legal process.  If you would like to request a review of your child support order, you should submit a letter to your local child support office, explaining why you believe the order should change. Idaho's child support office will review a child support order every three years, or if there has been a major change in the financial or custodial circumstances of the case

 
When a review is requested, Idaho child support office will send a letter to both you and your child's other parent to request information about your case.  You will have 30 days to provide the necessary information.  When the review is complete, the child support office will send a letter to both parents explaining their decision.<BR> 

If both parents agree to the changes suggested by the child support services office, you will be asked to sign an agreement. A judge will then review the changes and sign the order.  If both parents do not agree to the suggested changes, a court date is set, and a judge will decide if changes should be made to the order. The legal process of changing a child support order may take up to a few months.  Idaho child support services office will also charge a legal fee of approximately $360 anytime a child support order is changed.  At any time throughout this process, you may hire a private attorney to represent your interests.

 

FTC Names Dirty Dozen Email Scams

FTC Names Dirty Dozen Email Scams

Word Count:
1288

Summary:
The Federal Trade Commission is responsible for issuing and enforcing rules for consumer issues on the Internet. As part of this process, the FTC has published a list of the 12 scams you are most likely to receive as email.

Keywords:
ftc, scams

Article Body:
The Federal Trade Commission is responsible for issuing and enforcing rules for consumer issues on the Internet. As part of this process, the FTC has published a list of the 12 scams you are most likely to receive as email.

The Dirty Dozen Scams

The "dirty dozen" are:

1. Business opportunities

These business opportunities make it sound easy to start a business that will bring lots of income without much work or cash outlay. The solicitations trumpet unbelievable earnings claims $1,000 a day or more without doing any work. Many business opportunity solicitations claim to offer a way to make money in an Internet-related business. Short on details but long on promises, these messages usually offer a telephone number to call for more information. In many cases, you'll be told to leave your name and telephone number so that a salesperson can call you back with the sales pitch.

The scam: Many of these are illegal pyramid schemes masquerading as legitimate opportunities to earn money.

2. Bulk email

Bulk email solicitations offer to sell you lists of email addresses, by the millions, to which you can send your own bulk solicitations. Some offer software that automates the sending of email messages to thousands or millions of recipients. Others offer the service of sending bulk email solicitations on your behalf. Some of these offers say, or imply, that you can make a lot of money using this marketing method.

The problem: Sending bulk email violates the terms of service of most Internet service providers. If you use one of the automated email programs, your ISP may shut you down. In addition, inserting a false return address into your solicitations, as some of the automated programs allow you to do, may land you in legal hot water with the owner of the address's domain name. There are also very strict rules, known as the CAN-SPAM Act, regulating bulk email marketing.

3. Chain letters

You're asked to send a small amount of money ($5 to $20) to each of four or five names on a list, replace one of the names on the list with your own, and then forward the revised message via bulk email. The letter may claim that the scheme is legal, that it's been reviewed or approved by the government; or it may refer to sections of U.S. law that legitimize the scheme.

The scam: Chain letters are almost always illegal and nearly all of the people who participate lose their money. The fact that a "product" such as a report on how to make money fast may be changing hands in the transaction does not change the legality of these schemes.

4. Work-at-home schemes

Envelope-stuffing solicitations promise steady income for minimal labor-for example, you'll earn $2 each time you fold a brochure and seal it in an envelope. Craft assembly work schemes often require an investment of hundreds of dollars in equipment or supplies, and many hours of your time producing goods for a company that has promised to buy them.

The scam: You'll pay a small fee to get started in the envelope-stuffing business. Then, you'll learn that the email sender never had real employment to offer. Instead, you'll get instructions on how to send the same envelope-stuffing ad on your own. If you earn any money, it will be from others who fall for the scheme you're perpetuating.

5. Health and diet scams

Pills that let you lose weight without exercising or changing your diet, herbal formulas that liquefy your fat cells so that they are absorbed by your body, and cures for impotence and hair loss are among the scams flooding email boxes.

The scam: These gimmicks don't work. The fact is that successful weight loss requires a reduction in calories and an increase in physical activity. Beware of case histories from "cured" consumers claiming amazing results and testimonials from "famous" medical experts you've never heard of.

6. Effortless income

The trendiest get-rich-quick schemes offer unlimited profits exchanging money on world currency markets; newsletters describing a variety of easy-money opportunities; the perfect sales letter; and the secret to making $4,000 in one day.

The scam: If these systems worked, wouldn't everyone be using them? The thought of easy money may be appealing, but success generally requires hard work.

7. Free goods

Some email messages offer valuable goods-for example, computers, other electronic items, and long-distance phone cards-for free. You're asked to pay a fee to join a club, then told that to earn the offered goods, you have to bring in a certain number of participants. You're paying for the right to earn income by recruiting other participants, but your payoff is in goods, not money.

The scam: Most of these messages are covering up pyramid schemes, operations that inevitably collapse. The payoff goes to the promoters and little or none to you.

8. Investment opportunities

Investment schemes promise outrageously high rates of return with no risk. Many are Ponzi schemes, in which early investors are paid off with money contributed by later investors. This makes the early investors believe that the system actually works, and encourages them to invest even more.

The scam: Ponzi schemes eventually collapse because there isn't enough money coming in to continue simulating earnings. Other schemes are a good investment for the promoters, but no for participants.

9. Cable descrambler kits

For a small sum of money, you can buy a kit to assemble a cable descrambler that supposedly allows you to receive cable television transmissions without paying any subscription fee.

The scam: The device that you build probably won't work. Most of the cable TV systems in the U.S. use technology that these devices can't crack. What's more, even if it worked, stealing service from a cable television company is illegal.

10. Guaranteed loans or credit, on easy terms

Some email messages offer home-equity loans that don't require equity in your home. Usually, these are said to be offered by offshore banks. Sometimes they are combined with pyramid schemes, which offer you an opportunity to make money by attracting new participants to the scheme.

The scams: The home equity loans turn out to be useless lists of lenders who will turn you down. The promised credit cards never come through, and the pyramid schemes always collapse.

11. Credit repair

Credit repair scams offer to erase accurate negative information from your credit file so you can qualify for a credit card, auto loan, home mortgage, or a job.

The scam: The scam artists who promote these services can't deliver. Only time, a deliberate effort, and a personal debt repayment plan will improve your credit. The companies that advertise credit repair services appeal to consumers with poor credit histories. Not only can't they provide you with a clean credit record, but they also may be encouraging you to violate federal law. If you follow their advice by lying on a loan or credit application, misrepresenting your Social Security number, or getting an Employer Identification Number under false pretenses, you will be committing fraud.

12. Vacation prize promotions

Electronic certificates congratulating you on "winning" a fabulous vacation for a very attractive price are among the scams arriving in your email. Some say you have been "specially selected" for this opportunity.

The scam: Most unsolicited commercial email goes to thousands or millions of recipients at a time. Often, the cruise ship you're booked on may look more like a tug boat. The hotel accommodations likely are shabby, and you may be required to pay more for an upgrade. Scheduling the vacation at the time you want it also may require an additional fee.

In Closing

Don't check your common sense at the door simply because you are surfing the web. If it seems to good to be true, it is. Don't fall victim to these scams.

 

Free Criminal Records And Background Checks – Secrets You Need To Know!

Free Criminal Records And Background Checks – Secrets You Need To Know!

Word Count:
472

Summary:
The employee is a vital part of a company's business. In fact, one can even say that the employee makes a company for surely without him, the company can never be. Employees are the workforce that keeps a company going. They serve as the fuel that keeps business operations going like a well-oiled machine. For this reason, hiring individuals to become prospective employees of a company are serious matters of interest and one that can never be relegated as dismal.

Why Conduc...

Keywords:

 

Article Body:
The employee is a vital part of a company's business. In fact, one can even say that the employee makes a company for surely without him, the company can never be. Employees are the workforce that keeps a company going. They serve as the fuel that keeps business operations going like a well-oiled machine. For this reason, hiring individuals to become prospective employees of a company are serious matters of interest and one that can never be relegated as dismal.

Why Conduct Free Criminal Records and Background Checks?

That is an understandable question to ask. With the prices quoted by public records researchers these days, why indeed. However, if the hiring process is the key to keeping the business intact for a long time, then free criminal records and background checks are what make the hiring process thorough and exhaustive.

Free criminal records and background checks helps a company make better-informed decisions during the pre-employment screening. The information they provide are indispensable as they are the determinants of a person's character. In a way, free criminal records and background checks are steps that a company can take to protect its own interest. There have been too many cases in the past wherein no background checks whatsoever was made on an individual and so when that individual was hired as an employee and then later on committed a crime in the context of his or her job, the company was held liable.

Negligence particularly on issues concerning negligent hiring, supervision, security, training, and retention can not only cause loss in productivity but at the extreme end, workplace violence as well that could very well cost the lives of other employees. And thus, it is the responsibility of the company as well as a right to protect its assets and interests, including its employees from incidents that may arise due to the lack of free criminal records and background checks.

State Requirement

Several states in the U.S. have laws requiring free criminal records and background checks during the pre-employment process. States, such as Florida, are especially particular about free criminal records and background checks on certain industries where "care" is provided as a service. Thus, any prospective employee or volunteer of a facility for the elderly, children, and people with disabilities are required by state statute and by federal law to undergo free criminal records and background checks.

Today, 29 states in the United States keep central repositories for the purpose of providing information to those conducting free criminal records and background checks. As of this time, there is no known "national" database of criminal history information and the most you could do to conduct a nationwide search is to visit each state repository individually. Fortunately, the Internet has made it possible for you to do this right on your computer screen.

Florida workers compensation and information on Workers Compensation

Florida workers compensation and information on Workers Compensation

Word Count:
224

Summary:
Your treating physician has reported that you have reached maximum medical improvement and you may return to work but

Keywords:
Workers Compensation Law

Article Body:
You have a permanent impairment which has resulted in a work-related physical restriction which may affect your ability to perform the duties of your usual occupation or other appropriate employment. If this physical restriction causes you to lose wages, you may be entitled to additional benefit payments under the Florida Workers Compensation Law.

Within 5 working days of its first knowledge of the date of temporary partial disability, the claims handling entity shall mail to the employee an informational letter, which explains the employee's eligibility for temporary partial wage loss benefits,

You may be ineligible for wage loss benefits during that period. In addition, to be eligible for wage loss benefits, you must demonstrate that you have made a valid effort to obtain suitable gainful employment and that your loss of wages is due to your work-related physical restriction and NOT due to economic conditions, the unavailability of jobs, your unemployment due to misconduct or your failure to accept employment within your capabilities. To show that you have made a genuine effort to obtain employment, list the dates, names, addresses, type of work, person contacted and the telephone number of the places of employment that you have contacted.

Florida Workers' Compensation Law allows us to evaluate your efforts to obtain gainful employment beginning with the 13th week after you have reached maximum medical improvement.