Mumia abu jamal: Cointelpros then and now.

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FBI Agent and NOI Secretary John Ali Announces The Suspension of Malcolm X

Law Offices - FBI Agent and NOI Secretary John Ali Announces The Suspension of Malcolm X

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Top 15 Goals Quotations

David Stern - Top 15 Goals Quotations

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Examine your own personal goals and find methods to perform your desires with these valuable quotations about setting goals...

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David Stern

"The most leading thing about having goals is having one."-- Geoffrey F. Abert "It takes a miniature courage, and a miniature self-control. And some grim determination, If you want to reach the goal. It takes a deal of striving, and a firm and stern-set chin. No matter what the battle, If you legitimately want to win. There's no easy path to glory, There's no road to fame. Life, any way we may view it, Is no easy parlor game; But it's prizes call for fighting, For endurance and for grit; For a rugged routine and don't know when to quit."-- Anonymous "No set goal achieved satisfies. Success only breeds a new goal. The golden apple devoured has seeds. It is endless."-- Bette Davis "A goal is a dream that has an ending. "-- Duke Ellington "The timid and fearful first failures dismay, but the stout heart stays trying by night and by day. He values his failures as lessons that teach The one way to get to the goal he would reach."-- Edgar A. Guest "Know what you want to do, hold the thought firmly, and do every day what should be done, and every sunset will see you that much nearer to your goal."-- Elbert Hubbard "Nothing can stop the man with the right reasoning attitude from achieving his goal; nothing on earth can help the man with the wrong reasoning attitude."-- Thomas Jefferson "It is for us to pray not for tasks equal to our powers, but for powers equal to our tasks, to go transmit with a great desire forever beating at the door of our hearts as we voyage toward our distant goal."-- Helen Keller "A goal properly set is halfway reached."-- Abraham Lincoln "It must be borne in mind that the tragedy of life does not lie in not reaching your goal. The tragedy of life lies in having no goal to reach."-- Benjamin E. Mays "Each of us has a fire in our hearts for something. It's our goal in life to find it and to keep it lit."-- Mary Lou Retton "Reach high, for stars lie private in your soul. Dream deep, for every dream precedes the goal."-- Ralph Vaull Starr "We must walk consciously only part way toward our goal, and then leap in the dark to our success."-- Henry David Thoreau "Goals are your personal statements of what you are truly willing to do to perform what you legitimately want to achieve."-- Denis Waitley "What you get by achieving your goals is to as leading as what you come to be by achieving your goals."-- Zig Ziglar

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Marriage Fraud - US Immigration Lawyer's Definition

Law Offices - Marriage Fraud - US Immigration Lawyer's Definition

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The Effectiveness of Sarbanes-Oxley on Fraud stoppage

Fraud - The Effectiveness of Sarbanes-Oxley on Fraud stoppage

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With the cheaper in shambles and investors as weary as ever, one might start to wonder if the Sarbanes-Oxley act has actually done whatever to forestall fraud. While we have not seen any fraud quite as ugly as the kind that brought down Enron and WorldCom, it is still plentiful. Fraud, it seems, has been slightly deterred at the corporate level, but still runs rampant throughout the financial industry. These ponzi schemes seem to be happening more and more, with old chairman of Nasdaq Bernie Madeoff being involved in one worth nearby fifty billion dollars recently.

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Fraud

In the early 2000s, investors and employees of the associates involved were devastated when huge corporate fraud cases emerged. This fraud, administered from the highest offices in the corporations, left investors with worthless shares and employees with no job, and depleted resignation funds. It was time for reform, and the federal government stepped in. The social firm Accounting Reform and Investor safety Act of 2002, or Sarbanes-Oxley, was their respond to corporate fraud. Sox was intended to make these high ranking officials responsible for the legitimacy of all financial statements released to the public. It also put measures in place to forestall social accounting firms from getting too involved in the corporations in which they ready financial statements for.

While Sarbanes-Oxley was no doubt a good idea, but it turned out to be very high-priced for associates trying to implement these new processes in order to comply. Now there is a situation where the associates that were responsible for the start of this fraud panic have folded, and the ones that were honest are paying a stiff penalty. Now these honest associates are struggling to survive in the middle of the poor cheaper and heavy costs to keep their financials fraud-free.

Even with Sarbanes-Oxley in effect, there are news reports normally describing the latest ponzi task unearthed in the financial world. These are not your median crooks either, these are great minds of the financial world detecting an exploit and taking advantage of it. We only hear about the ones who get caught, but there are no doubt many who skim constantly and get away with it. With the cheaper on the fritz, it only increases the motive for fraud. Fund managers and financial advisors are on the chopping block. They are the ones getting the blame for poor performing stocks, and the ones with their jobs on the line. With all this added pressure it is clear why fraud can look like an easy solution.

So now what do we do? More legislation? Legislation is not the respond here. Sarbanes-Oxley proved that legislation could only take us so far. The respond is ethics. Ethics must be emphasized by businesses instead of profits. If we start leaning towards ethics training and taking a slight pressure of execution it will gradually turn our financial ship back in the right direction. Honesty should be the number one priority, and profits should be number two. If you only emphasize profits and performance, eventually fraud will rear its ugly head and the whole firm could be at stake. If you emphasize ethics and honesty, the profits may not be as stupendous but at least you know them to be true. This sets the groundwork for a firm to prosper for many years as an ethical honest corporation rather than burn out quickly like a behalf driven supernova.

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Increase Immune Function Guaranteed, Your Immune System Needs Help

Law Offices - Increase Immune Function Guaranteed, Your Immune System Needs Help

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NH: Court official explains snafu over swiped cameras

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A Psychological Profile of Tony Soprano

Law Offices Of David J Stern - A Psychological Profile of Tony Soprano

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Tony Soprano is one of the most provocative and enigmatic characters in the history of television. Insight him psychologically is a difficult proposition, although many of the shows other character's have proffered some ideas. In one early episode, Dr. Melfi's husband Richard refers to Tony as Alexithymic, the short definition being "the inability to talk about feelings due to a lack of emotional awareness." This definition is certainly somewhat accurate, as Tony often reacts with rage during periods of confusion and frustration.

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Law Offices Of David J Stern

One excellent example of this comes when Tony enters his office and sees that person has purchased a "Big Mouth Billy Bass" and settled it on his desk. Finding the singing fish reminds Tony of his dream about Big Pussy, and this memory floods Tony with multiple emotions that he is unable to process or understand. Tony reacts to this emotional flooding by beating Georgie, (A popular pastime) who he learns settled the fish in his office, as this selection allows him to temporarily exorcise his uncomfortable feelings through this physically violent reaction.

At one point Dr. Melfi suggests Tony has an Anti-Social Personality Disorder. Population with this disorder often show a persistent pattern of conduct disorder in their teen years which involves breaking the law, poor academic performance, disrespect for authority as well as some other more severe criteria including torturing animals and starting fires. Throughout the series we learn some things about Tony's younger years. In Season 1, we learn from Uncle Junior and Livia that Tony and his friends stole a car, and also that Tony used to sell stolen lobsters in an effort to earn some extras cash. In another chapter we see him skipping school, breaking into his father's car, and ordinarily being very willing to bend the rules.

Skip to Tony's teen years and we learn that Tony has become good adequate at sports to become a "varsity athlete" despite Junior's claim that he wasn't. He graduates from High School and attends Seton Hall for a semester and a half, before he "got into some trouble" (revealed to Meadow during the chapter "College") and goes to prison for a short while. While Tony is insisting to Dr. Melfi that he never engaged in Homosexual activities, we learn his time in prison was relatively short, and we can therefore assume his crime was relatively minor. Nearby this same time Tony robbed Feech Lamana's card game, which was a major turning point in his life where he became officially respected as a gangster.

From this brief look at Tony's adolescence we learn he probably did meet many of the characteristics for conduct disorder but possibly not adequate to make a firm diagnoses. Which moves us to the diagnoses of Anti-Social personality disorder, which according to the Dsm-Iv, involves "a pervasive pattern of disregard for and violation of the proprietary of others occurring since age 15 years, as indicated by three (or more) of the following:

(1) failure to conform to collective norms with respect to lawful behaviors as indicated by repeatedly performing acts that are grounds for arrest

(2) deceitfulness, as indicated by repeated lying, use of aliases, or conning others for personal behalf or pleasure

(3) impulsivity or failure to plan ahead

(4) irritability and aggressiveness, as indicated by repeated physical fights or assaults

(5) reckless disregard for security of self or others

(6) consistent irresponsibility, as indicated by repeated failure to support consistent work behavior or honor financial obligations

(7) lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another

B. The personel is at least age 18 years.

C. There is evidence of conduct Disorder with onset before age 15 years.

D. The occurrence of antisocial behavior is not exclusively during the procedure of Schizophrenia or a Manic Episode.

So, does Tony meet at least three of these criteria? The answer seems to be that yes of procedure he does. Although he does not seem to meet the criteria for amount 6, there have been multiple examples of his actions meeting the criteria for the other 6 components. But does this diagnosis truly encapsulate Tony Soprano? It doesn't appear to. The fact is that Tony is capable of unselfish and very kind acts, although often these actions have ulterior motives. Therefore to truly get a sense of the patterns of Tony Soprano's life, it is very useful to use an Adlerian model to contemplate the patterns of his basic convictions. The Adlerian model looks at key components of a person's life, and also at their early recollections in an effort to contemplate some key determinants that Adler believed made up a person's unique lifestyle.

Gender Role making ready perceived through Gender Guiding Lines and Role Models

Through observing their parents and the gender patterns they adopt in their relations, a person learns to conceptualize a personal definition of what a man is and what a woman is. From watching his father, "Johnny Boy" Soprano, a respected and feared Mafioso, Tony formed some impression of what it is to be a man. First and leading Tony learned that the man is the breadwinner in the family, and that he needs to do anything it takes, regardless of the law, to contribute for his family.

Tony also learned a great deal about friction resolution from watching his father deal with Population from Nearby the neighborhood. One particularly leading consideration was watching his father cope a man named Satriale who had been avoiding him because he owed him a debt. When Tony watches his father chop off the man's finger as a supervene of this dispute, Tony formed an early impression that a man goes to any lengths, despite the law, when that man owes him a debt. This impression was again confirmed when he watched his father brutally pummel a neighbor named Rocco, who also owed Johnny a debt.

Tony also learned a great deal from watching his father's work habits throughout the years, and this affected his own adult attitude towards work. The beatings Tony witnessed in the old situations were both over an effort to gather a debt, and Tony saw that a great deal of Johnny's wage was plainly taken by force or the threat of violence. Therefore he learned that men don't need to work if they can take things from others, and this was a chapter that appeared to resonate.

In one renowned event that occurred in Tony's teen years, he covers for his father to his mother when she correctly assumes he's been with another woman. In this situation, Tony, who has most likely learned through watching his father lie many times before, that it's Ok for a man to lie when confronted by an uncomfortable situation.

Through Tony's interactions with his mother he learned that a woman, although she works in the home, holds a great deal of power and operate in interpersonal relationships. One early impression came from watching his father and mother interact after his father brings home a large order of meat, and Tony observes that this was the only time his mother was ever genuinely happy. Tony also makes the association that when his father brought gifts it was "probably the only time he got laid" which also created the impression for Tony that a woman only provides sexual gratification to men when they are given gifts, and this was an idea that also seemed to translate to his adult life.

Interpersonal Style perceived through palpate of house Atmosphere

The house climate in the Soprano house was one of storm and strife. As Tony's sister Janice correctly explains to her husband Bobby, "In my house it was dog eat dog." This was an exact report of the Soprano household, and much of this strangeness stemmed from the interactions between Livia and Johnny which were based on repetitive patterns of incessant nagging on Livia's part and ultimate deceit on Johnny's. Livia's tyranny over the house may have even finally contributed to Johnny's physical decline, as in Tony's assessment she wore this very strong man into a "little nub."

Livia Soprano's love was conditional love. Livia was very necessary of her children and she did not demonstrate encouragement and support of their endeavors which appeared to stimulate a lifelong pattern of self-doubt in both Tony as well as his sister Janice. Discouraged children often grow up to be angry and unfulfilled adults, as they begin to feel that all things they do will not live up to someone's standards. In these situations a kind of "learned helplessness" (Seligman 1965) can take place, where kids plainly give up rather than chronic to compete in a seemingly hopeless situation. This appeared to be the case with Janice Soprano, who spends a lifetime avoiding any kind of useful operation rather than have to be judged a failure as she has so many times before.

Tony on the other hand compensated for this lack of love like his father did by lashing out at others, Finding temporary gratification though many sexual conquests, and Finding solace in acquiring material possessions.

Livia also talked openly of killing her children when Tony was a young man, which he must have seen as a great devaluation of his importance and worth in his mother's life. In one renowned instance Livia tells Tony she could "smother him with a pillow" which terrifies Tony and makes him question how far his mother might genuinely go in enforcing punishment in the Soprano household. Johnny Soprano on the other hand freely used physical punishment in the house, and in Tony's words, "the belt was his popular child development tool." Johnny clearly demonstrated though many of his actions in the house that violence was an approved response to frustration, and this was also a value that Tony seemed to inherit.

Johnny Soprano was also consistently deceitful in his dealings with his family, and his constant deceit was often the trigger that sent Livia flying into a rage. One early example of Johnny's deceit came following his arrest at a kid's carnival, where he tells his children the cops made a terrible mistake and arrested the wrong guys, which would be difficult for even a child to believe.

Another leading event that confirms Johnny's constant deceit occurred when Tony was a teenager and Livia was in the hospital having suffered a miscarriage where she was in dire physical danger. Johnny, who was staying overnight with his mistress, concocts an explicate lie that hinged on Tony supporting the lie and confirming the story for his hospitalized mother. Tony does go along with the lie, and this event marked as major turning point where he embraces the deceitful lifestyle and begins to head down the path his father has paved for him.

Personal Code of conduct perceived through Acceptance / Rejection of house Values

When Tony embraced his father's lying ways, he was essentially accepting the Soprano house values, all of which were also modeled by Tony's Uncle Junior. Although Tony made a brief effort at following a different path by going to college, his robbery of Feech Lamana's card game demonstrated an early chapter learned from his father that if person wants something that it is easier to plainly take it from others than to genuinely work for it. This idea was strongly reinforced when Tony was caught for this act and he was not only not punished, but in supervene promoted into the "family" following this brazen and irresponsible action.

For Tony the term "family values" obviously had more than one meaning, but upon close examination the values modeled in the Sopranos household were the same that were necessary to survive and even thrive in the mafia "family" Tony was also a part of. For instance Livia used the threat of killing person weaker than her to support order in the house and get Population to comply with her wishes. The exact same thing is used by the mafia family, as the threat of pending violence is one of the key ways the house perpetuates its wealth.

The house value of deceit in the house was also a necessary value to supervene in the larger Mafia family. The code of "Omerta" implies silence and avoidance of even discussing the organization, and this is an provocative association to make inspecting the fact that Livia was so against Tony going to therapy as she felt he was there to "talk about his mother." Livia, who beloved the house secrets stay buried, was so consumed by feelings of anger from mental that Tony would retell her secrets to a therapist, that she in essence convinced Junior to have him killed. Returning to the occasion of the idea Tony is Alexithymic, one can presuppose that this condition might stem from his mother's absolute inability to promote the sharing of feelings in the Soprano household.

Perspective on the World perceived through palpate of Psychological Birth Order

As the second born child of three, Tony's assumed the position of the excellent middle child. The second born child often takes their cues from the oldest child, who has been in the world longer and provides a roadmap for the second child to follow. Second born children are often the rebels in the family, as the first borns tend to be responsible and can often even be like a second parent. The second child therefore often finds belonging through acting distinctively different than the first, as the first is plainly great at things because of their industrialized age and physical development. This was partially true in Tony's case, as Janis appeared to enjoy flaunting her position as the eldest, and at least in her early childhood convinced her father she was a well-behaved and complete child. Tony on the other hand showed immediate rebellious behavior, and found belonging through being as Junior described a "little hellion" who learned to fit in and get attentiveness through misbehavior.

Adler made a strong point of emphasizing that birth order also had a psychological component to it, where the literal birth order may differ from the physical birth order. This can happen when the first born son usurps the first born female child and becomes the de facto leader of the children, as he comes from a culture that values males over women. This dynamic appeared to manifest itself in the Soprano household. In Tony's case Janis, who enjoyed the power of being the first born but not the responsibility, in supervene passed the torch of responsibility as the first born to Tony, who became responsible for the house as he entered into adulthood.

Range of collective Interest perceived through Other Particularities

Adler believed that the extent and degree that a person takes an interest in his or her fellow human beings was an excellent predictor of their mental health. Tony never industrialized this interest in others, and instead came to value others based on their personal usefulness to him. There are many examples of this in Tony's life, one example being his association with Paulie, who fell out of Tony's favor following a financial downturn in Season 4. Even in his dealings with Artie Bucco Tony often sizes up how Artie can be useful to him, and despite their imbalance of power Tony finds limited ways to exploit this friendship for his personal gain.

Tony's odd obsession with animals also demonstrates his inability to share emotions with other human beings, and again this behavior might have some its roots in the lack of love and support he received from his mother. Tony often projects feelings onto animals that he is unable to feel for human beings, and this trait shows how confusing and upset Tony gets when confronted by negative emotions.

Conclusion

In windup Tony Sopano's life is one lived with limited Insight or mindfulness. This lack of Insight has lead to an external locus of operate where he views the bad things that happen to him as bad luck His statements "I can't catch a break" and "I'm like king Midas in reverse" are example of this behavior, and these claims don't jibe with the many, many fortuitous events in Tony's life.

Tony also likes to gift the idea that he is a "sad clown" but again the evidence in his life does not seem to support this. When Tony is angry or hurt he nearly all the time responds with physical violence, and occasionally with em0tional violence such as when he calls Melfi a "cunt" following her rebuke of his advances. The sad clown motif indicates the sense of pity Tony often feels for himself, and his normal pessimistic attitude towards life.

Adler felt that by gaining Insight into your behavior you could begin to understand the patterns and faulty mental and logic that these patterns then created. Melfi, after many years has uncovered some of these patterns, but doesn't seem to offer much assistance as to how to process this information. The supervene has been that Tony continues to repeat many of the patterns directly inherited from watching his parents, and despite his often empty promises to turn his life, this is genuinely not possible without going back to the beginning.

Adler referred to this idea as "soft" determinism, meaning a person's patterns of behavior were firmly and deeply entrenched, and very, very difficult to turn without a gigantic amount of insight. Although nearly dying was a kind of apotheosis for Tony, it is likely he will return to much of his old behavior as he falls back into these familiar patterns.

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7. The Mixed Regime and the Rule of Law: Aristotle's Politics, I, III

Law Offices - 7. The Mixed Regime and the Rule of Law: Aristotle's Politics, I, III

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Mr. Smith Goes to Washington - "Liberty is too Precious a thing to be buried in books"

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President Mary Robinson of Ireland - Irish Diaspora & Belfast

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Fastest Ways to Stop Foreclosure and Sheriff Sale

Foreclosure - Fastest Ways to Stop Foreclosure and Sheriff Sale

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Homeowners in foreclosure, for one reckon or another, often find that they have run out of time to stop foreclosure before they have run out of options that could save their homes. Often, this is due to one plan falling straight through at the last minute, or a uncomplicated inability of some foreclosure victims to make a decision on what to do to save their homes. By the time they have decided which option would work best for them, there is just not sufficient time to perfect the method and easily prevent the foreclosure. When this happens, though, homeowners will often be scrambling around, finding for the most effective way that they can put the foreclosure process on hold or stop the sheriff sale.

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Foreclosure

The fastest way to delay a foreclosure is to touch the bank as soon as the homeowners know they may begin missing payments. By holding in touch with them throughout a financial hardship, the mortgage company will often be willing to postpone confident dates, like the preliminary foreclosure filing and the sheriff sale date. Obviously, this may not be applicable for homeowners who have avoided talking to the lender throughout the foreclosure process, but it is foremost to touch that bank as soon as possible. The lender will not always sass negatively, and they may be willing to work with the foreclosure victims to give more time or put together a solution to foreclosure. The foremost thing is to call the lender, though, and forewarn them of the situation and what is being done to avoid foreclosure.

Two dates that lenders are often willing to postpone are the sheriff sale date and the customary foreclosure filing. The bank may be willing to hold off on filing the actual foreclosure paperwork, in order to give their clients more time to come up with the money to reinstate the loan, or come to be grand for an affordable reimbursement plan or loan modification. Once the foreclosure is filed, though, interest is often accelerated and court costs and attorney fees are added into the equilibrium of the loan, making it more difficult to qualify for a solution.

We have discussed stopping a sheriff sale in other articles and on our blog, so readers are referred to those entries, but lenders will often delay a sheriff sale if there is a reasonable solution being offered them. A thirty-day prolongation is often all homeowners need to work out a long-term solution to foreclosure, and banks will be glad to avoid the foreclosure auction if there is a good occasion they will get the mortgage paid off in other ways.

However, lenders are much more correct on the end of redemption, unfortunately. They do not like postponing this foremost foreclosure date, since they have waited such a long time to take the property back in the first place. If the homeowners have been in touch with them, though, they may be willing to contribute more time to move out, postponing the actual eviction process for a few weeks. This may not help homeowners dramatically, and will not follow in recovery the house, but lenders do not want to forcefully evict previous clients, either. Giving an extra consolidate of weeks to follow a peaceful exchange of the property and prevent damage is in the bank's best interests.

Unless the foreclosure victims need more than a few weeks, though, it may be a good idea to start finding for other places to live once the end of redemption comes close. Obviously, the mortgage company will not let them live in the house for a long time until their earnings recovers or they can qualify for a new mortgage, since the bank will want to get the property ready to sell to make back the money they lost on the loan they made that went into foreclosure.

Often, the fastest way to delay an foremost date in the foreclosure process is naturally to keep the bank informed and ask for more time, based on the chances for success of the method being pursued to stop foreclosure. Gaining more time during the foreclosure process can be an easy course or it can be like pulling teeth, depending on how much transportation there has been in the middle of the homeowners and the lender. As early in the financial hardship as is possible, foreclosure victims need to begin working with their banks to find solutions to foreclosure, and work on discrete options on their own, as well. Then, in the event a plan falls straight through at the last minute, the bank will much more willing to put a hold on things in order to give the homeowners, who have been working hard on finding solutions, more time to perfect a plan and save their homes from foreclosure.

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Martin Luther King reacts to the Assassination of Malcolm X

Law Offices - Martin Luther King reacts to the Assassination of Malcolm X

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How is Martin Luther King reacts to the Assassination of Malcolm X

Martin Luther King reacts to the Assassination of Malcolm X Video Clips. Duration : 1.05 Mins.

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Mexican Timeshare Fraud - Your Right to Cancel a Timeshare Purchased in Mexico

Fraud - Mexican Timeshare Fraud - Your Right to Cancel a Timeshare Purchased in Mexico

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While the timeshare commerce doesn't have the best reputation for being fully forthcoming about how timeshares indubitably work, usually a lot of what the sales person says can be regarded as hype rather than outright fraud. Unfortunately though, this isn't the case in Mexico where fraud is pretty ordinary in timeshare sales.

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Fraud

If you purchase a timeshare during a tour in Mexico, you should be aware that Mexican law requires a 5 enterprise day cooling off duration for timeshare purchases. This is also known as the rescission period. But getting this rescission duration honored by the timeshare sales force is other matter all together.

Most of the fraud that occurs in the Mexican timeshare commerce has to do with the rescission period. It is not uncommon that this law is fully ignored and some timeshare resorts require you to sign your rights away even though Mexican law does not allow this either.

Let me reiterate. The "cooling off" duration is a right guaranteed to you by Mexican law and you cannot waive this right away, even though many timeshare sales personnel will insist that you must do so. It does not matter if they are selling you a "used" timeshare or if you are turning in a timeshare you own to cover part of the purchase price. You still have the right to cancel the sale within five enterprise days.

Of course, enforcing the rights you do have is other matter altogether. If you do find yourself in a situation where you are trying to cancel the purchase of a timeshare that you bought in Mexico, make sure to feel your reputation card enterprise and dispute the charges if you paid by reputation card.

In addition to your reputation card company, you should also immediately feel Mexico's consumer security department, called Profeco. Their phone estimate is (+52) 55 5211-1723. You will need to send them a complaint letter and fill out some paperwork, but they will be a big help manufacture sure that you get your money back, though it may take a while.

This is just other speculate why I would recommend buying your Mexican timeshare from eBay or other reseller located in the Us rather than buying it in Mexico itself. You will save money and a great deal of hassle.

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Constitutional improvement in Sierra Leone - The Blackhall perceive

Law Offices Of David J Stern - Constitutional improvement in Sierra Leone - The Blackhall perceive

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The Colony of Sierra Leone

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Law Offices Of David J Stern

Henry Smeathman, the botanist, recommended Sierra Leone as the most advantageous place for the preparing of a settlement.1 Established as a Crown Colony in 1808, the Sierra Leone peninsula and the areas directly to the south of it were governed by a Governor-in-Council who combined both menagerial and Legislative authority. This theory prevailed until 1863 when the menagerial and Legislative functions were divided in the middle of an menagerial Council and a Legislative Council. Though the new councils marked a step away from the earlier form of colonial autocracy, it is argued that they were not intended as a move towards self-government.2 The Colony of Sierra Leone then was inspired by the humanitarian opposition to the convention of slavery and nurtured by the British determination to end the Slave Trade. By the middle of the eighteen century, the theory of slavery was not too beloved with the English. On any occasions, social concentration was drawn to the interrogate as to either a slave should become free after arriving on English soil. The philanthropist Granville Sharp struck an effective blow in 1772 when "a test case was provided in the case of a slave named James Somerset, who had been brought to England from Jamaica by his scholar and had subsequently run away from him"3. The theory laid by Lord Chief Justice Mansfield of the English High Court in the case Somerset v. Stewart implied that any slave setting foot in England should be deemed a freeman. He noted that "the state of slavery... Is incapable of being introduced on any reasons...I cannot say this is allowed or stylish by the law of England and therefore the black man must be discharged".4 This noted Mansfield Decision stimulated the Christian philanthropy of men like Sharp and Wilberforce.

The consequence of this judgement was the liberation of hundreds of slaves living in England. During the American War of Independence (1776-1983), the British encouraged slaves in America to desert their masters to join the British army in return for relaxation and land. After the War - which Britain lost- some of these slaves went to Nova Scotia (Canada) and some to London. In London, these former slaves were beset with many problems. Their relaxation assuredly did not mean equality with British subjects. Often destitute, most of these freed slaves wandered about the streets of England distressing the kindhearted and men of property. They posed an awkward social problem. The victor and hero of the Somerset case, Granville Sharp, maintained a growing number of these slaves collectively referred to as the Black Poor. It did not take long for Granville Sharp to realize that the problem was more than incommunicable charity would cope with. As a remedial agency, a necessary number of philanthropists formed a Committee for relieving the Black Poor in 1986 known as the Committee of the Black Poor. This Committee was chaired by Jonas Hanway. It was During this period of uncertainty that a certain private Dr. Henry Smeathman, alias flycatcher, who had lived for about three years in the vicinity of Sierra Leone strongly proposed the area as a suitable settlement. In 1785, this botanist certified Sierra Leone unhealthy for the preparing of a concrete settlement. However, in February 1786, he declared the area suitable for human habitation, crop yield and cattle rearing. His foresight for the hamlet was principally economic and commercial. Granville Sharp, the leading abolitionist, Jonas Hanway, John and Thomas Clarkson (and subsequently Thomas Fowell Buxton) resorted to a scheme of colonialization. Inadequate finances prevented them from acting along. They appealed to the British government for assistance which the latter willingly gave since it wanted to end the problems posed by the Black Poor.

The Colony of Sierra Leone (which started on 11th May, 1787), began, not as a Colony of Britain, but rather, as a fully independent colony with an African governor, Richard Weaver. Needless to state, this was the dawn or coming of a brand new experiment in the relationship in the middle of the Africans and the Europeans. This experiment was a reverse drive of the so-called African Diaspora for "instead of the old 'middle passage' traffic when negroes were taken from Africa and sold into slavery in the markets of Europe and the New World, the new 'middle passage' traffic of these years consisted in Negroes making the return journey from Europe and the New World, not for purposes of slavery, but that they might have the opportunity of living their lives as freemen on their own native continent".5 This hamlet was no doubt a tiny one but had nearly all the essentials of a state. This Governor and the coarse Council might have been dubbed President and Parliament respectively. The hamlet was administered under the old English theory of frankpledge whereby the colony was divided into tithings and hundreds. Tithingmen and Hundredors (who were duly elected representatives) made rules for the good government of the settlement. These rules may be called laws. In effect, there existed an independent political community composed of free and independent blackmen (and women).6 Such a brief consulation reminds one of the old Greek city state which practised democracy, though differently. Naturally defined, "democracy in Africa or in any place else, is government by the people"7. As Mr. Guy Clutton-Brock - writing about a typical African hamlet community - put it, "the elders sit under the big tree and talk until they agree"8. This form of democracy (similar to that practiced by the City States of old Greece) was slightly different from that practiced by the settlers in Sierra Leone. In the latter, the right of the settlers to make political decisions was not exercised directly but "through representatives chosen by and responsible to them, known as representative democracy"9. The early constitution of Sierra Leone has its point as the first instance in modern history of a self-governing colonial community of non-European population, where colour was no disqualification and negro relaxation were allowed the political and civil possession of Europeans. As hundredors and tithingmen the black settlers of Sierra Leone had fulfilled menagerial duties that had industrialized into legislative duties; as jurymen they had shown judgement and intelligence that won the praise of Europeans."10 The constitutional right or privilege to elect representatives was only a respite.

The Sierra Leone business Act of 1790 which transformed the St. George's Bay business into the Sierra Leone business with a Royal hire signaled the start of a marathon period of settler suppression and entailment of independence. Porter outlines four major developments in the middle of 1807 and 1808 which not only altered by reshaped and restructured the history of the Colony of Sierra Leone. First, the Slave Trade was abolished in 1807 by the British Parliament. Second, the African convention (mainly composed of members of the Sierra Leone Company) was formed for the physical regeneration of Africa. The members hoped or rather attempted straight through this African convention to continue exercising their interest and influence in the Colony. Third, partly as a succeed of the bankruptcy of the exhausted Sierra Leone business and partly to suppress the inhuman Atlantic Traffic, a Crown Colony was established over Sierra Leone on 1st January 1808. Fourth, the Order in Council of 16th March, 1808 established a Vice-Admiralty Court in Sierra Leone for trying both captured slaves and their owners.11 A catastrophic implication of these developments was the abrogation of the legal jurisdiction of the settlers. They lost all possession of participation and representation. Since 1863 "although(ugh) the size of the Legislative Council gradually increased, its necessary features remained unchanged."12 It would, therefore, not be farfetched to briefly look at the changes in the state of the colony and the Blackhall Constitution for "this structure did not change much until 1924...."13 The Colony of Sierra Leone was partly established in 1978 to "secure a home on the continent of Africa for natives of Africa and their descendants who for one reckon or another, primarily, because of slavery and the Slave Trade, had left their native shores and were perforce living abroad."14 One could identify four groups of settlers in the Colony of Sierra Leone. The first was the Black Poor who arrived in 1787. The second group of settlers, the Nova Scotians, arrived in 1792. The next two groups of settlers, the Maroons and Liberated Africans/Recaptives, arrived in the nineteenth century, the former in 1800 and the latter from 1808 onwards. Relations in the middle of and among these various groups of settlers were initially hostile and the Freetown community or community was hierarchically stratified. There was that recognized social distance in the middle of the Settlers and the Liberated Africans. With time however, Freetown became a melting pot of cultures. Faced with the western cultural patterns as interpreted by the New World Settlers (that is the Nova Scotians predominantly), which patterns were reinforced by the patronage and favour of the European supervision and other ancillary agencies like the missionary societies, the Liberated Africans, as the fourth group of immigrants came to be known "began to copy these patterns which soon became the high credit for all groups in the territory."15 This 'new' land enabled settlers to mould themselves and the succeed was a new nation with a certain and unique identity. Religion, study and trade were three factors which aided the transformation of the lives of the settlers whose descendants were designated the Krios. Religion and education, agreeing to Porter were "indicators of status in the Freetown community and as avenues by which an private or family, properly motivated, can move vertically in the stratification ladder."16 It was therefore coarse by 1850 to see descendants of settlers and Liberated Africans (Krios) in the registers of the C.M.S. (now Sierra Leone) Grammar School (1845) and the Female Insituttion (1849), later known as the Annie Walsh Memorial School. As families became prosperous, they moved from the independent chapels to the big churches. The role or point of study for instance must not be underestimated. It opened the eyes of the Krios.

The 1850s ushered in a new era of political activity. There was a revolution in ideas as a succeed of the emergence of the new elite. study "made men more ready when the need arose to interrogate the whole foundation of the old order."17 But what was this old order? This was the political or constitutional arrangement in the Colony. Supreme power - legislative, menagerial and judicial - rested with the Governors who were all whitemen. Her Majesty would not intervene in colonial affairs without the guidance of the Secretary of State for the Colonies, or to the Cabinet. These Colonial governors were responsible not to the habitancy they governed, but to the Queen, the British Parliament or the British electorate.

Events leading to the 1863 Constitution

Why were the Krios not adequately represented in the Council which governed the Colony? As Wyse caustically realized, "the Krios contributed to the amelioration of politics in West Africa. Education, the Christian religion and relationship with the white man adequate the Krios with the necessary tools to understand European government and western political ideology, and to use their options, restricted as they assuredly were, to challenge the European ruling caste system".18 The Krio community was aware of the reasons behind the preparing of Granville Town in 1787. Granville Sharp intended the hamlet to be more than a receptacle for indigent blacks. He dreamt of a free settlement. The Krios now wished for a return of the period when ancestors enjoyed free black rule. They perceived their introductory role of agents in the transport of western civilization and Christianity with utmost pride. Krios, the educated class, were disappointed by British unwillingness to introduce democratic government into the Colony, though the British themselves enjoyed democracy at home. They became all the more interested when they compared what was happening in the Colony with what was happening in Liberia, where the habitancy governed themselves. They started to assault the Crown Colony theory of government which was imposed on them.19 Other developments aggravated the desire of the educated elite in the Colony of Sierra Leone to interrogate the entire foundation of the old theory of colonial administration. Sierra Leone produced the first group of western educated elite in British West Africa and was fulfilling the dream of Governor Charles McCarthy (1814-1824). She acted as a base for the spread of religion, civilization and western study in West Africa.

Fourah Bay College (1827) served British West Africa and was the only university in the region until the turn of the century. It was therefore very painful to the Krios that the Colony of Sierra Leone ran a much slower constitutional race than the other British West African countries which had won more 'advanced' constitutions which provided for isolate Legislative and menagerial Councils. When the Gambia was separated from Sierra Leone in 1843, an menagerial and a Legislative Council were constituted there and the business community, dominated by a few European firms, given representation. In the Gold Coast too, menagerial and Legislative Councils were set up in 1850. The Liberian Republic was self governing. But the constitution of Sierra Leone remained, with only small amendment, what it had been in 1821. Its citizens were taxed but still unrepresented. Deprived even of the social voice of a Grand Jury, they could still only present their views in petitions.20 The settlers in the colony had no recognized political party in the 1850s to interrogate the Constitution of 1808 which was obsolete in the face of new social development. However, the absence of a political party was a low wall which did not frustrate the efforts of the settlers. As Porter observed, "as the Colony expanded, many became discontented with the form of government in which they had no share. In 1850, the Rev. E.T. Poole, Colonial Chaplain, published a book in which he protested against the Colony being ruled by a incommunicable council in which the habitancy were not represented at all"21. This was any way an private pressure. In 1853, a marvelous organization, the Sierra Leone Committee of Correspondence was formed by a West Indian, Mr. Lenaghan to advocate for the legal and constitutional privilege of representation. This local body of businessmen was later superseded by the more marvelous or influential Mercantile Association. It is but fitting at this point to pay tribute or briefly comment on the Mercantile relationship or rather the role of the Merchant elite as the articulates of the middle-class. Trade was to become an instrument of moral upliftment. Largely straight through the efforts of Governor Charles McCarthy and the Settlers themselves, there was a marvelous change in the proper of living of the latter. By forming bidding groups and other co-operative societies, the Settlers in the Colony were able to make huge profits. It soon became clear that a merchant elite was developing. An society designed to record the interests of the growing mercantile community, the Mercantile Association, was formed by a group of prosperous merchants in 1851.

The Mercantile relationship played a very leading role in political amelioration in the Colony in the 1850s. Whereas writers like Edmund Burke believed that political authority derives from tradition, others like James Harrington have argued that political authority was the outgrowth of economic order. In other words, political power follows economic power. If anything, there is some semblance of truth in Harrington's proposition. With economic power, the Mercantile relationship (a multiracial organization) became a political mouthpiece of the habitancy as it frequently petitioned the colonial administration. (As will be seen later, this relationship was so leading that one of the appointments to the Legislative Council of 1863 was made with its consultation). The Mercantile relationship (which had some professionals) was not only numerically and lamentably stronger than the Committee of Correspondence but comprised very influential black and white settlers who assuredly controlled a gigantic part of the economy. Irrespective of this composition, this all-powerful relationship in 1958 "petitioned against abuses over taxes and duties and asked for a new constitution for Sierra Leone."22 The relationship also asked for an elected assembly. The Settlers of the Colony of Sierra Leone also had international support. The Aborigines safety community and the Anti Slavery community in England were two bodies which questioned the British House of Lords for maladministration in the Colony of Sierra Leone. One would be assuredly charged with schoraly treason for failing to riposte the role of the Press During this period. On a more general note, the African-owned newspaper During the colonial period had any general characteristics. First, it rivaled the colonial administration. It was the most effective weapon for airing long-felt political grievances and influencing the tide of events in the absence of a democratically elected government. Second, the Press was both the analyst of the ideals and aspirations of the habitancy as well as the custodian, guardian and protector of their possession and liberties. On a more particular note, the Press in Sierra Leone During the 1840s and 1850s was far from ineffective. It is sometimes argued that newspapers in the tail end of the nineteenth and early twentieth centuries were of a good capability than those of the 1840s and 1850s. That notwithstanding, newspapers in the 1840s and 1850s were very necessary of the colonial administration. One such newspaper which attacked deeply-felt political grievances, the direct rule of the unrepresentative council (in which the powers of the governor were approximately absolute) and its indirect power of patronage was the New Era.

In May 1855, William Drape, a West Indian, established the very first newspaper on African soil. This weekly publication had been expressly founded to reflect local opinion. Many finally saw the paper as "a rally point for anti-government forces..."23 It was clear by 1863 that the 1808 Constitution was outmoded as far as amelioration was concerned. It is true that with pressure only fools and gods do not change. The colonial government realized that the wind of change had been transformed into a hurricane blowing over the Colony of Sierra Leone. The incumbent governor, Governor Hill, was very obstinate. The Settlers needed a governor who was necessary enough. They found such a man in Governor Blackhall, an Irish landowner who was appointed in 1863. As Fyfe observed, this gentleman "was ready to reverse, as bidden, his predecessor's bellicose policy, and to accept a new legislature."24

The 1863 Constitution

Legislation was being passed in the Colony of Sierra Leone to prepare the way for the formal introduction of the Blackhall Constitution. The pressures of the Settlers in the Colony and their supporters in Britain for added constitutional advance were not in vain since the British or colonial government "acceded to the demands for constitutional change and introduced a hire dated 27th May, 1863 together with Royal Instructions dated 30th May, 1863 following a new constitution for the Colony of Sierra Leone."25 On 26th July, 1863, Governor Major Samuel Wensley Blackhall issued the following proclamation, "I do hereby publicly proclaim the said hire of Justice to be in full force and succeed from this date."26 The hire and the Royal Instructions which brought the Blackhall Constitution into being revoked the hire of 1799. In this novel constitution, "the Governor's Council was abolished and in its place a Legislative and an menagerial Council were set up."27 It must be noted that constitutional history allowable commenced in Sierra Leone in 1863.

Perhaps, it would not be farfetched to say that this was the beginning of our modern House of Representatives or good still Parliament. Looking intimately at the details, the menagerial Council was composed entirely of the valid members, that is to say, those forming the Legislative Council, with the governor's appointees. Members of the menagerial Council therefore were H.E. The Governor (Major S.W. Blackhall), The Chief Justice (John Carr), The Colonial Secretary (George Nicol), The Queen's Advocate (H.J. Huggins), The Officer Commanding forces (Colonel Hughes).28 The Legislative Council consisted of the governor (who bore the valid title of Governor and Commander in Chief), the valid members of the menagerial Council and "such other person or persons nominated and appointed to serve on the Council"29. The valid members were compelled to support the policies of the Governor. As Martin Wight put it, an valid member "could not be continued in the office and seat if his conscience should not permit him to give the Crown such a part of support as may be necessary to enable the governor to carry on the business of government in the Legislative."30

The Council made provisions for only two appointed unofficial members. These were chosen from among the population. In his selection, the governor was required to take into observation "not only to those who are most likely to support the government but those who will be taken to record and will inform you of the wishes of the more thoughprovoking part of the community... And adopt the guidance of any constituted body of a more or less beloved kind."31 Two conclusions could be drawn or derived from the above quotation. First, the unofficial members were nominated to record social conception and second, by seeking to know the wishes of the thoughprovoking part of the community and the guidance of any beloved body, the government used the unofficial members to bring in the speak section of the community. Thus, as Peterson observed, "when Governor Blackhall revived the Mercantile relationship in 1863 to elect an unofficial member for the newly instituted Legislative Council for Sierra Leone, it elected the leading African merchant in Freetown, John Ezzidio. As a member of the Legislative Council, Ezzidio remained a representative of the commercial community.32 The other unofficial member was the influential Charles Heddle who had sat on the former Governor's Council for many years. It was clear that the Mercantile relationship was still influential. Revived temporarily in 1863, the Mercantile relationship was reconstituted in 1864 as the chamber of Commerce. After 1863, although it was "excluded from constitutional function, the chamber still provided a forum where grievances could be ventilated and reforms suggested."33 A necessary examination or enumerate of the mixture and functions of the Councils established by the 1863 Constitution clearly reveals barriers to their amelioration as truly representative institutions. A proper examination of the Blackhall Constitution puts one in a good position to understand the Slater Constitution. The powers of the governor for instance were extraordinary. As President of both Councils, he was to preside over meetings and advise the program for discussion. Markin Kilson forces one to believe that "evidence of the prevalence of a democratic legacy in British West African colonies was apparent at the very start of the constitutional development."34 Marcus Jones' great summary of the governor's powers for instance belies Kilson's assertion that "the governor had the right to nominate and appoint whomsoever he pleased...He could summon, adjourn, prorogue or dissolve the Council at will. He was the undisputed ruler, field only to directions from the home government."35 Hargreaves discussed at distance the British theory of choice and representation in her colonies. He concluded the section by stating that though Ezzidio's choice was hardly a democratic one, it was in no way an arbitrary selection but added realistically noted that "such systems were clearly unsatisfactory to habitancy who felt they had a right to select their own representatives and to resolve how they would be governed."36 Wyse pierced the heart of the matter when he observed that Ezzidio's choice could in no way be seen as a precedent for nascent political independence. Although the consent of the Legislative Council was necessary to pass legislation and the yearly estimates, that consent was all the time assured by the valid majority. If one critically assesses the menagerial Council Minutes book of 20th July, 1863 Constitution was merely a ludicrous document. agreeing to A.Dike, Clerk of the menagerial Council, "His Excellency took the guidance of his Council on the estimates for 1864... The Board having recommend some alterations stylish of and recommended that the same be submitted to the Legislative Council at its sitting."37 This is all absurd as the Governor is all the time assured of an valid majority in the Legislative Council. But what sort of democracy was this? It is true that the 1863 Constitution provided a forum for the consulation of political issues but "ironically the Constitution marked the beginning of a declining phase in the political fortunes of Sierra Leone"38.

The fact that the Legislative Council on some occasions influenced colonial government procedure did not mean that it was very effective. Although John Ezzidio had a list of marvelous successors, one must not forget that anything the situation, a colonial government represented a set of or autocratic interests. Although the Legislative Council had the right to guidance the governor, the latter was not bound to accept such advice. Perhaps a fair article of the Constitution was that rendered by Blyden. As he observed, "a note worthy feature of the 1863 Constitution was the prolongation of the privilege of unofficial representation on the Legislative Council to the African settler population."39 One must note well the use of the word privilege which aptly described the situation. But why not right? assuredly the colonial government was not yet ready to concede representation. Some erroneously believe this Constitution was democratic because of the African representation. Indeed, it is very indubitable that "this amelioration could hardly be regarded as the beginning of true representative government in Sierra Leone since the British government insisted that Ezzidio was not a delegate but a nominee of the merchants, removable at the Queen's delight and not at the delight of the merchants."40 This 'new' arrangement therefore did not foreshadow any independent political community. 1863 left the Settlers in a disillusioned state. The major defects of the judicial theory that existed before this period were preserved. One dismisses the choruses of praise which recommend that it was a welcome and industrialized part as misleadingly over simplistic since it lamentably failed to meet the demands, aspirations and expectations of the Settlers. As Porter put it, "the habitancy were clearly ready for a change and this was (only) partially met in 1863...."41 It was recommend that the Colony would have profited from the taste gained by the application from and adaptation of these institutional processes of a liberal democracy which the Constitution of 1863 and its implementative devices introduced. In the light of the recommendations made by a Parliamentary Committee which investigated the conditions of the West African settlements within two years of the 1863 Constitution in Sierra Leone, the verdict appears doubtful.42

Conclusion

It is assuredly a truism that the 1963 Constitution marked an inch away from former forms of colonial autocracy. At the same time, it is also incontrovertible that this Blackhall Constitution was "essentially a gismo for the more effective government of an increasing colony, rather than a concession to the principle of representation."43

References

1. Arthur Porter, Creoledom, (London: Oxford University Press, 1963), p.10

2. Martin Kilson, Political change in a West African State, (Harvard: Harvard University Press, 1966),p.98

3. T.N. Goddard, The handbook of Sierra Leone, (London: Grant Richards Ltd, 1925), p.20

4. W.M. Macmillan, The road to self rule, (London: Faber & Faber, 1959), p.51

5. Porter, op.cit., p.19

6. W.S. Marcus Jones, "Legal amelioration and constitutional change in Sierra Leone, 1787-1971,
unpublished manuscript", p.30

7. Rupert Emerson, The political awakening of Africa, (Englewood Cliffs: Prentice Hall, 1975), p.122

8. Ibid.

9. The New Encyclopaedia Britannica, Vol.4, s.v. "Democracy", p.5.

10. Kilson, op.cit., p.98

11. Porter, op.cit., pp.35-36

12. Christopher Allen, "Constitutional change in Sierra Leone, 1863-1967", p.1

13. Ibid.

14. Porter, op.cit., p.10

15. Ibid., p.12

16. Porter, op.cit., p.78

17. David Thomson, Europe since Napoleon, (Norfolk: Lowe and Brydone Printers Limited, 1957), p.4

18. A.J.G. Wyse: cited in Joseph E. Harris, Global Dimensions of the African Diaspora, (Washington: Washington University Press, 1982), p.327

19. J.D. Omer Cooper et. Al., The growth of African Civilization, Vol. 1, (Longman: Longman Group Limited, 1968), p.154

20. Christopher Fyfe, A history of Sierra Leone, (London: Oxford University Press, 1962), pp.281-282

21. Porter, op.cit., p.56

22. Jones, op.cit., p.214

23. Frederick J.A. Omu, cited in J.D. Fage, J.R. Gray and R.A. Oliver, eds. Journal of African History, Vol.

Ix, No.2, 1968

24. Fyfe, op.cit., p.318

25. Jones, op.cit., p.11

26. Ibid., p.10

27. Cecil M. Fyle, The history of Sierra Leone, (London: Evans Brothers Ltd., 1981), p.75

28. Jones, op.cit., p.221ff

29. Blyden, op.cit., p.37

30. Martin Wight, The amelioration of the Legislative Council (1806-1945), (London: Faber and Faber, 1945), p.109

31. Jones, op.cit., p.214

32. John E. Peterson, Province of freedom, (Evanston: North Western University Press, 1969), p.295

33. Fyfe, op.cit., p.331

34. Wilson, op.cit., p.4

35. Jones, op.cit., p.213

36. J.D. Hargreaves, "Problems of constitutional amelioration in West Africa", Publication 1, agency of Extra Mural Studies

37. menagerial Council Minutes (20th July 1863-7th November 1870), Sierra Leone social Archives

38. W.S. Marcus-Jones, "The safety of underlying possession and relaxation of the private in Sierra Leone", unpublished Ph.D. Thesis, Yale (n.d.), p.31

39. Blyden, op.cit., p.42

40. Gershon Collier, Sierra Leone: Experiment in democracy in an African nation, (New York: New York University Press, 1970), p.7

41. Porter, op.cit., p.123

42. Blyden, op.cit., p.43

43. Collier, op.cit., p.7

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A Homeowner's Defense Against the Foreclosure Lawsuit

Foreclosure - A Homeowner's Defense Against the Foreclosure Lawsuit

Good evening. Yesterday, I discovered Foreclosure - A Homeowner's Defense Against the Foreclosure Lawsuit. Which is very helpful in my opinion so you. A Homeowner's Defense Against the Foreclosure Lawsuit

This is the second record in a series examining discrete normal issues of relating to foreclosures and the legal environment. Homeowners often avoid going to the preliminary foreclosure default hearing, which makes it very easy on the bank to win a case and strike for home from foreclosure to eviction. Being aware of some of these legal issues, though, can encourage foreclosure victims to make it to the hearing and present their side of the story, which may corollary in a great resolution to the qoute than a sheriff sale. Although these issues may not be come up at all, or the homeowners will find some solution exterior of the courts, being aware of these aspects of the foreclosure process can allow them to put together more backup plans if the bank does pursue the default straight through the county court system.

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Foreclosure

The previous record discussed what elements of a case that the lender would need to prove in order to win a judgment against the homeowners. These included proving there was a legally binding contract, the lender performed as agreed under the terms of the contract, the homeowners breached some part of the agreement, and the breach caused the mortgage business to suffer actual damages. The lender must prove all of these elements in order to win; if they can not prove one of them, there is no case. For example, if the bank shows all things else but can not prove that they own the paperwork for the loan, due to it being passed nearby from lender to lender, sold to hedge funds, speculation firms, and then sold to the foreclosing bank, but the loan papers are not clear, there may be no judgment awarded.

Of course, if the homeowners do not show up to the foreclosure hearing, the bank will often be awarded a default judgment, with the judge naturally assuming that the bank's case is sound. If the homeowners are made aware of their right to defend against the lawsuit, and naturally waive that right by not answering the complaint or showing up to court, the judge will assume that silence equals consent and the lender will win.

But, for homeowners making their own defense or hiring an attorney of their own to defend them, it is foremost to be aware of safe bet techniques that can be used to write back the foreclosure. The first step should be for the homeowners to recognize in the lender's complaint the exact legal claims being made. Obviously, the most coarse one in a foreclosure lawsuit will be breach of contract, specifically in regards to the mortgage loan. But without reading the complaint, homeowners can not be sure if any other claims are made, or if the bank has failed to make any claim at all. Identifying the claim will help the foreclosure victims begin to understand exactly what they are defending against.

Then, the homeowners may want to figure out the exact elements of each claim made against them. My first record on this branch explains the exact elements that would ordinarily need to be proved in a breach of contract case, although every case will be somewhat unique. But, as stated earlier, the bank will need to show that a legally binding contract existed between it and the homeowners, that the lender did all things as agreed, the homeowners failed to perform as agreed and breached the contract, and the lender suffered actual damages as a result. Although this may seem quite straightforward in theory, mortgage companies (and all creditors) are notoriously bad at record keeping and attorneys are not always known for competence when their shaky legal claims are challenged. Homeowners who can recognize exactly what needs to be proven can often in effect poke holes in the case and originate a sense of doubt over one or more element, depending on how approved the bank has been.

The next step may be for the foreclosure victims to recognize each fact that the bank may use to prove their case. Some of these items may be the original mortgage paperwork, any assignments of mortgage showing who owns the loan at the present time, mortgage payment records showing the missed payments, and so on. Because the lender is great as a debt accumulator under the Fair Debt variety Practices Act, it is quite cheap for homeowners to request exact validation of the debt. If the bank has not kept very clear transfer records, or there is doubt of who exactly owns the loan, there may be no case against the homeowners. For example, suppose the bank can not clearly show the loan was transferred to it. The homeowners may be in danger of being sued by a dissimilar lender who in effect does own the paperwork, or maybe they have been making on time payments to a dissimilar lender who has the right to collect. The bank that can not show it owns the loan can not prove it has the legal right to try and derive payment for the loan.

This is one conjecture why homeowners may want to put together documents that they have received that can disprove the lender's claims, as well as evidence that proves the claims the homeowners will make. As long as any one element of the mortgage company's lawsuit is defeated, there can be no judgment against the homeowners for foreclosure. If the bank's transfer documents are far dissimilar from the foreclosure victims' own information, there may be doubt that a legally binding contract exists between the bank and owners. Although this may just wish more documents to be produced by the bank, rather than the whole case being thrown out, it will show the lender and their attorneys that not every homeowner is willing to be pushed nearby and intimidated by an unfamiliar court system.

Admittedly, it will be very difficult for homeowners to get the foreclosure lawsuit thoroughly thrown out of court, leaving the bank with no other alternative than to write off the loan or start over and try to prove their case some other way. This happens in only a very small number of cases. But, homeowners with some knowledge of the foreclosure process in the court system, and the normal theories of what the bank must do and how it can be defeated, will be in a much stronger position to come to a resolution that does not involve losing the home. Judges can order the parties to reconsider settlement ideas straight through mediation or arbitration, but homeowners too fearful even to show up at court will lose their opportunities for such alternatives to foreclosure. Even when homeowners are represented by an attorney, having a background understanding of the legal process will make the sense easier to comprehend.

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understanding Eviction after Foreclosure

Foreclosure - understanding Eviction after Foreclosure

Good evening. Now, I learned all about Foreclosure - understanding Eviction after Foreclosure. Which could be very helpful for me therefore you. understanding Eviction after Foreclosure

There seems to be a lack of insight among homeowners of what happens once the foreclosure process is over and the eviction process has begun. Most homeowners mistakenly believe that the sheriff may show up to evict them within hours or days after the sheriff sale. However, this is naturally untrue, as the eviction process can take even longer than the foreclosure process itself, depending on state law. If a house is unable to stop foreclosure to save their home, there may be legal protections in place to give foreclosure victims a opportunity to begin repairing the damage caused by foreclosure.

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Foreclosure

The process that the bank must ensue after the foreclosure is determined by that state's foreclosure laws. This is one of the main reasons that it is recommended that homeowners look up the relevant laws, in order to decree how the foreclosure process will be conducted and how much time they have to save their home or stay in the home after the foreclosure auction. Positive states offer foreclosure victims a redemption duration after the sale, which is a duration of time after they have lost the home that they can continue living in the property.

Once the eviction process itself begins, though, homeowners will not just be randomly kicked out to the street. They will be sent paperwork by the bank's attorneys or the court principles indicating that the lender has entered in a invite for ownership of the property. To gain ownership the bank will show that is purchased the house at the sheriff sale and is now the legal owner of the property. They will ask the court to order the county sheriff to evict any persons or belongings that are still occupying the property.

Also, in most cases the sheriff will post a consideration of eviction on the asset itself, indicating the specific date that the locks will be changed and all population and asset will be removed. This may be a five- or three-day notice, again depending on the specific state foreclosure laws and the county's own procedures. However, a consideration being posted on the asset is not always guaranteed, so it is foremost to check with the state or county to find out the exact procedures before the eviction happens.

Homeowners who are currently worried about being evicted at any time should take back control of the situation and find out how much actual time they have left. The best place to begin asking questions is with the county sheriffs department. They will be able to tip off the foreclosure victims of any pending orders for ownership of the house, or if the court has not yet ordered the eviction. If there is no scheduled eviction, homeowners should call the county court to decree if there is a hearing advent up, what the process will be after the sheriff sale, and how much time they have left to find a new place to live.

Not knowing when or if an eviction is scheduled is often much worse than knowing exactly when the sheriff will be there to evict everyone. The straightforward fact of knowing when to be out of the asset gives homeowners a great framework for planning the hereafter of their families after foreclosure.

Many homeowners are under the mistaken confidence that, once the sheriff sale of the asset has been conducted, they have lost every opportunity to stop foreclosure. However, there are legal mechanisms in place to prevent foreclosure victims from being randomly evicted at the whims of the foreclosing bank. Homeowners should not be taken in by fear-mongering, self-proclaimed foreclosure experts who threaten them with the possibility of the sheriff showing up unannounced to throw them out of the house. Even the county sheriff is a human being and the sheriffs division will know exactly when the eviction will be conducted. They would rather avoid forcefully removing anything from the asset if the homeowners are conscientiously working towards a plan to move out of the asset and have it cleaned up and empty when the sheriff does show up.

I hope you have new knowledge about Foreclosure . Where you possibly can put to used in your everyday life. And most significantly, your reaction is passed about Foreclosure .