Online Forex Trading Legalese

Legalese is a term used to describe legal jargon which is used in legal documents. If you want to trade forex online it is a good idea to know some of the trading legalese you will come across.

Limitation of Liability

This is a major part of many contracts. It is a clause that does not hold the company liable for any losses including incidental, consequential, or indirect damages. This means that if any sort of losses occur, such as money or loss of business, then the trading company will not be held responsible when you trade forex online. Basically, you will not be able to sue them.

Indemnification

This appears under the clause “Limitation of Liability”. It means that the forex site you are trading with will not be liable for any losses, expenses or damages that occur as a direct result from violating the agreement. In layman’s terms it means that if you break the agreement and then incur losses because of that, you will not be able to recoup your losses from the trading company.

Trademarks

Products, publications or any sort of content which is available on the trading site you have signed up to will usually not be available for use by you. Many trading companies develop their own software, publications and content and do not want it being used or displayed anywhere on the Internet other than on their website.

If you are unsure of anything in an agreement, have it looked at by a professional

 

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Legal Tips for Refinancing After Bankruptcy

You filed bankruptcy. The worst is over. Now, it is time to find ways to improve your financial future. For some, this may mean looking at your current loans to ensure they offer you the best financial start possible.

Refinancing After Bankruptcy

Legally, once your bankruptcy discharge occurs, you are no longer required to repay any loan part of the bankruptcy estate. However, vehicles and mortgage loans can continue after the bankruptcy, if you choose to allow that to happen. Keeping that in mind, consider the following things:

  • Getting a new loan after bankruptcy can be challenging. Most lenders will not finance a loan to you for a range of 18 months to two years after filing. However, there is no law that states how long lenders must wait. Rather, it is up to the lender to determine when you are a good risk again.
  • Some lenders will consider refinancing loans before agreeing to a new loan for a bankruptcy filer. You may be able to get a car refinance, for example, to take advantage of a lower interest rate or lower monthly payments. This may also apply to your mortgage.

The longer you wait to refinance, the better your credit score will be. Making good financial decisions over time will ensure that your credit score improves. The higher your credit score is at the time of refinancing, the lower the interest on the loan will be.

In addition to these things, remember that every lender is different. Keep working to pay down your debt and to rebuild your credit so you can qualify for loans with better terms.

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Where do Your Neighbor’s Rights End?

It has often been stated that the practice of law, and even the invocation of law primarily concerns where your rights end and where your neighbor’s rights begin. In some cases, this means the people who live right next door to you. In other cases, however, “neighbor” is more of a relative term that refers to anyone with whom you share a society. The rights of one person must interlap and dovetail with the rights of other people in a society.

So where do your neighbor’s rights end? In a case such as if a neighbor’s tree overlaps your property, you may be facing a slippery legal slope. In this kind of situation, you would be wise to contact your neighbor first, in the friendliest manner possible, and the police second if that ends up failing. While you could be held legally liable if your neighbor’s tree or one of its component branches falls on and damages your house, you probably do not have carte blanche to go hacking down foliage that doesn’t belong to you.

On the other hand, what happens when someone from who knows where dumps garbage on your property? In cases like that, technically the owner of the property from whence the trash originated is legally responsible, but good luck finding out who that is. The general de facto rule is, unless you actually catch someone dumping garbage on your property, there isn’t much you can do besides have it properly hauled away- or you could just hire someone with a truck to take it down the street and continue the cycle on some other anonymous person’s property the same way.

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Understanding a DUI Arrest

A traffic stop is always a blood-pressure raising event; even more so when it is for driving under the influence (DUI). The stress related to a DUI offense doesn’t end with the arrest. Much of what follows depends on whether you are being tried, and possibly convicted, for a misdemeanor or a felony.

Is a DUI a misdemeanor? Blood alcohol level and number of previous offenses play a major factor in determining if your DUI is or is not a misdemeanor. The number of previous offenses, and if other automobiles or people are involved also plays into categorizing the offense.

Blood alcohol level – The legal blood alcohol limit in most states is 0.08 percent. In some states, a higher blood alcohol level can lead to a felony arrest.

Previous offenses – Multiple previous DUI convictions can lead to a felony conviction. New York and Wyoming convict a second-time offender with a Class E felony if the event takes place within 10 years. Georgia and Texas, in addition to some other states, don’t consider a DUI an automatic felony offense until the fourth conviction.

As for prison sentence, if you are convicted of a misdemeanor DUI and are sentenced to jail time, it will be served in a city jail rather than in a state prison where sentencing for felony convictions are carried out.

If you have a DUI arrest on your record and you are trying to figure out whether you are being tried for a misdemeanor or a felony, it is best to talk to a lawyer.

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Court Rulings to Be Thankful For

People don’t often think about court rulings and how they can affect individual rights every day. Some Supreme Court rulings have made such an impact that they continue to play a part in your daily life on even the most mundane of days.

We may take for granted the fact that the law is equally applied to everyone, and preferential treatment to persons of a different class is unlawful. This was a case decided in 1954, known as Hernandez v. Texas, where a Mexican laborer was convicted of murder by an all-white jury. The need to create diverse juries developed this trial, and no jury today will ever consist of solely one race.

That same year, in the Brown v. Board of Education case, the law determined that you are free to interact with people who don’t look like you. And, interestingly enough, it wasn’t until 1965 that the Griswold v. Connecticut trial ruled in favor of contraception. Prior to that, “any drug, medicinal article or instrument for the purpose of preventing conception” was against the law.

This is Swampyank's copy of "The Jury&quo...

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From abolishing the prohibition on interracial marriage to ruling it legal to record television shows for later viewing, the court system has ruled in favor of our freedoms many times over. Without these trials, we wouldn’t be free to associate with someone of another race, let alone marry him or her, and with no birth control who knows what numbers the population would reach. And of course TiVo would be nonexistent, but with so many kids who would have time for recorded shows anyway?

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Check Fraud is More Severe Than You Might Think

It seems like just about every transaction is subject to fraud these days. People tell us to be careful about our online transactions, to watch our credit-card receipts and to be conscious of gathering the mail every day to avoid letting people gain access to our personal information.

One of the most common forms of theft still revolves around the ever-present threat of someone getting their hands on your checks. Blank checks often are left in a closet or drawer somewhere and thieves have easy access to free money while never thinking about check fraud punishment.

There are new laws across the country, with some variance from state to state, that convict people who are caught abusing checks. Most of those laws center around whether a person committing embezzlement, forgery or check kiting is caught for the first time, or whether the incident is a repeat offense. In many cases, even a first offense necessitates some jail time, while a second offense can warrant some serious time in a federal penal institution.

If you have recently been convicted of check fraud, the first and best thing you can do is consult a lawyer. A qualified lawyer can ascertain if there is any kind of defense to mount against your possible conviction. A felony conviction means this incident is going to be known by all future employers and could make it much more difficult for you to get a home or a new car.

Check fraud is a serious crime and the punishment for offenses related to check fraud is becoming more severe as states take action to prevent this criminal activity.

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New Zealand’s new internet piracy law draws fire

New Zealand has just passed a major anti-online piracy law, drawing a mixture of outrage among netizens and praise from online copyright proponents and the European Union.

The Copyright (Infringing File Sharing) Amendment Bill allows for three strikes against people who illegally download copyrighted material: internet service providers (ISPs) will give three written warnings before penalties including internet disconnection for up to six months and fines of up to $NZ15,000 can be incurred.

The EU Commission said the law was in line with international best practice.

New Zealand is targeting the EU as a key trading partner, and Privacy Commissioner Marie Shroff said the new law was “a key step towards obtaining a formal legal finding from the European Commission that New Zealand is a safe destination for European companies to send personal data for processing.”

“The finding will be significant for cross-border trade and will open doors for New Zealand business,” she added.

However, New Zealanders came out against the law for the way in which it was passed (under urgency without the usual level of debate), the lack of clarity in the legislation, and for what many see as harsh punitive measures that could see innocent people punished. Creative Freedom Foundation director Bronwyn Holloway-Smith said that disconnecting internet access was “unnecessary and it’s disproportionate”.

ISPs say they will help police the new law but are concerned about who will pay for the cost of providing users’ information to copyright holders.

The latest law is a watered-down version of one withdrawn in March 2009 that would have made ISPs responsible for dealing with people accused of breaches, even if the assertion was unproven.

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Protecting Your Cash in Divorce

If you find yourself in the beginning stages of a divorce there is no doubt you have a lot on your mind and it’s important to stay focused on some of the things that you can control. One of those things is your money. Your spouse might be interested in making a very civil financial split, but there are others who aren’t that kind. Regardless, you cannot take your money for granted or you might end up on the losing end, no matter what the judge rules.

The first thing you should do is make a document listing every financial asset the two of you have. You have to make sure that there are no surprises when you go to negotiate your money. You have to be right and fair and make sure you are doing your due diligence.

This might include keeping a close eye on everything your spouse spends. Everything you do will help you in making sure that you get a fair settlement in court. You’ll want to write down any activity that isn’t agreed upon by you and your spouse, especially if it’s coming from a shared income and a shared account.

You will want to make copies of your banking statements and also make sure that you are photo copying tax statements. Of course you’ll want to look into talking to a tax accountant and a divorce lawyer so you can be given completely sound advice.

Getting divorced isn’t easy, but doing it with a messy financial debate will make it harder. Do yourself a favor and protect yourself from the beginning—it will help soften the blow.

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The Difference Between Spending Bills And Regular Bills

The Wisconsin controversy has brought a new awareness to the subject of the spending bill. By stripping the spending bill of its spending, they passed a law even with the missing Democrats. What Wisconsin did was bring to light the difference between a spending bill and a regular bill without the spending clauses.

A spending bill is exactly what it sounds like. A bill created for the sole purpose of spending taxpayer dollars. By law, the spending bill must originate in the House of Representatives. The only exception to this rule is that of the budget which is handed down by either the President or the Governor of the State.

A regular bill is a piece of legislation that either adds a new law or refutes an old one. It does not direct the use of taxpayer money. Thus, it escapes the stricter rules that are associated with a spending bill. For most cases, this means that a simple majority is needed in both houses and the Governor or the President has to sign it to become law.

For a spending bill, the voting process is much different. Instead of the simple majority, you need a quorum. That means that a certain amount of people have to be present to bring the spending bill up for a vote. That is why the Wisconsin bill could not get passed when the Democrats in that state went missing. By stripping it of its spending, they no longer needed that extra person.

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Costs Associated With Court Judgements

Most people don’t realize it but a court judgement can carry a heavy price. There are many overlooked fees associated with just going to court. Unfortunately, many are finding out the hard way exactly how much courts cost. It also explains why seemingly rich people can declare bankruptcy shortly after a judgement.

One of the obvious and most hefty price tags comes with the lawyers. Most lawyers work on an hourly fee. This hourly fee includes all of the work put into your case before even stepping foot in a court room. You can easily rack up thousands of dollars without realizing the amount of work that is going toward your case.

Another price tag comes if you arrested. Usually, that is in the process of making bail. In some cases, even ten percent is quite unaffordable. You also lose money in the process of not making bail because of lost time at work.

Getting a court judgement against you will automatically add to the overall court bill. Usually, there is a fine associated with other penalties. Depending on the severity, the fine can be from a couple of hundred to millions of dollars.

Finally, there are just basic court costs. Usually, this is laid upon the guilty party and can include the fees for the lawyers of the other side. Even something as small as a traffic ticket gets hit with court costs.

Even winners in the court room sometimes lose when it comes down to it.

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