English Law

2011-07-10T10:30:00.000-07:00

The Legal Lexicographer Bouvier defines credit & debt as:

CREDIT, common law, contracts.

The ability to borrow, on the opinion conceived by the lender that he will be repaid. This definition includes the effect and the immediate cause of credit. The debt due in consequence of such a contract is also called a credit; as, administrator of an the goods, chattels, effects and credits, &c.
The time extended for the payment of goods sold, is also called a credit; as, the goods were sold at six months credit.
In commercial law, credit is understood as opposed to debit; credit is what is due to a merchant, debit, what is due by him
According to M. Duvergier, credit also signifies that influence acquired by intrigue connected with certain social positions. 20 Toull. n. 19. This last species of credit is not, of such value as to be the object of commerce. Vide generally, 5 Taunt. R. 338.

CREDITOR, persons, contracts.

A creditor is he who has a right to require the fulfilment of an obligation. or contract.
Creditors may; be divided into personal and real.
The former are so called, because their claims are mainly against the person, who can reach the property of their debtors only by; virtue ofthe general rule by which he who has become personally obligated, is bound to fulfill his engagements, with all his property acquired and to be acquired, Which is a common guaranty for all his creditors.
The latter are called real, because they have mortgages or other securities binding on the real estates of their debtors.
It is proper to state that personal creditors may be divided into two classes first, those who have a right on all the property of their debtors, without considering the origin, or the nature of their claims; secondly, those who, in consequence of some provision of law, are entitled to some special prerogative, either in the manner of recovery, or in the rank they are to hold among creditors; these are entitled to preference. As an example, may be mentioned the case of the United State; when they are creditors, they have always a preference in case of insolvent estates.
A creditor sometimes becomes so, unknown to his debtor, as is the case when the former receives an assignment of commercial; paper, the title to recover which may be conveyed either by endorsement, or, in some cases, by mere delivery. But in general it is essential there should be a privity of contract between the parties. Vide, generally, 7 Vin. Ab. 42; 3 Com. Dig. 343; 8 Com. Dig. 388; 1 Supp. to Ves. Jr. 302 2 Sup. to Ves. Jr. 305 Code, 7, 72, 6; Id. 8, 18; Dig 42, 6, 17; Nov. 97 ch. t3 Bouv. Inst. Index, h.t.

DEBT, contracts.

A sum of money due by certain and express agreement. 3 Bl. Com. 154. In a less technical sense, as in the "act to regulate arbitrations and proceedings in courts of justice" of Pennsylvania, passed the 21st of March, 1806, s. 5, it means an claim for money. In a still more enlarged sense, it denotes any kind of a just demand; as, the debts of a bankrupt. 4 S. & R. 506.
Debts arise or are proved by matter of record, as judgment debts; by bonds or specialties; and by simple contracts, where the quantity is fixed and specific, and does not depend upon any future valuation to settle it. 3 Bl. Com. 154; 2 Hill. R. 220.
According to the civilians, debts are divided into active and passive. By the former is meant what is due to us, by the latter, what we owe. By liquid debt, they understand one, the payment of which may be immediately enforced, and not one which is due at a future time, or is subject to a condition; by hypothecary debt is meant, one which is a lien over an estate and a doubtful debt, is one the payment of which is uncertain. Clef des Lois Rom. h.t.
Debts are discharged in various ways, but principally by payment. See Accord and Satisfaction; Bankruptcy; Confusion Compensation; Delegation; Defeasance; Discharge of a contract; Extinction; Extinguishment; Former recovery; Lapse of time; Novation; Payment; Release; Rescission; Set off.
In payment of debts, some are to be paid before others, in cases of insolvent estates first, in consequence of the character of the creditor, as debts due to the United States are generally to be first paid; and secondly, in consequence of the nature of the debt, as funeral expenses and servants' wages, which are generally paid in preference to other debts. See Preference; Privilege; Priority.

DEBT, remedies.

The name of an action used for the recovery of a debt eo nomine and in numero though damages are generally awarded for the detention of the debt; these are, however, in most instances, merely nominal. 1 H. Bl. 550; Bull. N. P. 167 Cowp. 588.

The subject will be considered with reference, 1. To the kind of claim or obligation on which this action may be maintained. 2. The form of the declaration. 3. The plea. 4. The judgment.

Debt is a more extensive remedy for the recovery of money than assumpsit or covenant, for it lies to recover money due upon legal liabilities, as, for money lent, paid, had and received, due on an account stated; Com. Dig. Dett, A; for work and labor, or for the price of goods, and a quantum valebant thereon; Com. Dig. Dett, B Holt, 206; or upon simple contracts, express or implied, whether verbal or written, or upon contracts under seal, or of record, or by a common informer, whenever the demand for a sum is certain, or is capable of being reduced to certainty. Bull. N. P. 167. It also lies to recover money due on, any specialty or contract under seal to pay money. Str. 1089; Com. Dig. Dett, A 4; 1 T. R. 40. This action lies on a record, or upon a judgment of a court of record; Gilb. Debt, 891; Salk. 109; 17 S. & R. 1; or upon a foreign judgment. 3 Shepl. 167; 3 Brev. 395. Debt is a frequent remedy on statutes, either at the suit of the party grieved, or of a common informer. Com. Dig. Action on Statute, E; Bac. Ab. Debt, A. See, generally, Bouv. Inst. Index, h.t.; Com. Dig. h.t.; Dane's Ab. h.t.. Vin. Ab. h.t.; Chit. Pl. 100 to 109; Selw. N. P. 553 to 682; Leigh's N. P. Index, h.t. Debt also lies, in the detinet, for goods; which action differs from detinue, because it is not essential in this action, as in detinue, that the property in any specific goods should be vested in the plaintiff, at the time the action is brought; Dy. 24 b; and debt in the debet and detinet may be maintained on an instrument by which the defendant is bound to pay a sum of money lent, which might have been discharged, on or before the day of payment, in articles of merchandise. 4 Yerg. R. 171; see, Com. Dig. Dett, A 5; Bac. Ab. Debt, F; 3 Wood. 103, 4; 1 Dall. R. 458.

When the action is on a simple contract, the declaration must show the consideration of the contract, precisely as in assumpsit; and it should state either a legal liability or an express agreement, though not a promise to pay the debt. 2 T. R. 28, 30. When the action is founded on a specialty or record, no consideration need be shown, unless the performance of the consideration constitutes a condition precedent, when performance of such consideration must be averred. When the action is founded on a deed, it must be declared upon, except in the case of debt for rent. 1 New R. 104.

The plea to an action of debt is either general or special. 1. The plea of general issue to debt on simple contracts, or on statutes, or when the deed is only matter of inducement, is nil debet. See Nil debet. In general, when the action is on a specialty, the plea denying the existence of the contract is non est factum; 2 Ld. Raym. 1500; to debt on record, nul tiel record. 16 John. 55. Other matters must, in general, be pleaded specially.

For the form of the judgment, see Judgment in debt. Vide Remedy.

DEBTEE.

One to whom a debt is due a creditor, as, debtee executor. 3 Bl. Com. 18.

DEBTOR, contracts.

One who owes a debt; he who may be constrained to pay what he owes.
A debtor is bound to pay his debt personally, and all the estate he possesses or may acquire, is also liable for his debt.
Debtors are joint or several; joint, when they all equally owe the debt in solido; in this case if a suit should be necessary to recover the debt, all the debtors must be sued together or, when some are dead, the survivors must be sued, but each is bound for the whole debt, having a right to contribution from the others; they are several, when each promises severally to pay the whole debt; and obligations are generally binding on both or all debtors jointly and severally. When they are severally bound each may be sued separately, and on the payment of debt by one, the others will be bound to contribution, where all had participated in the money or property, which was the cause of the debt.
Debtors are also principal and surety; the principal debtor is bound as between him and his surety to pay the whole debt. and if the surety pay it, he will be entitled to recover against the principal. Vide Bouv. Inst. Index, h.t.; Vin. Ab. Creditor and Debtor; Id. Debt; 8 Com. Dig. 288; Dig. 50, 16, 108 Id. 50, 16, 178, 3; Toull. liv. 2, n. 250.

Sources:

Mojo Law

2011-07-09T21:57:00.000-07:00

Before You File for Personal Bankruptcy:
Information About Credit Counseling and Debtor Education

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 launched a new era: With limited exceptions, people who plan to file for bankruptcy protection must get credit counseling from a government-approved organization within 180 days before they file. They also must complete a debtor education course to have their debts discharged. The Department of Justice's U.S. Trustee Program approves organizations to provide the mandatory credit counseling and debtor education. Only the counselors and educators that appear on the U.S. Trustee Program's lists can advertise that they are, indeed, approved to provide the required counseling and debtor education. By law, the U.S. Trustee Program does not operate in Alabama and North Carolina; in these states, court officials called Bankruptcy Administrators approve pre-bankruptcy credit counseling organizations and pre-discharge debtor education course providers.

Counseling and Education Requirements

As a rule, pre-bankruptcy credit counseling and pre-discharge debtor education may not be provided at the same time. Credit counseling must take place before you file for bankruptcy; debtor education must take place after you file. In general, you must file a certificate of credit counseling completion when you file for bankruptcy, and evidence of completion of debtor education after you file for bankruptcy - but before your debts are discharged. Only credit counseling organizations and debtor education course providers that have been approved by the U.S. Trustee Program may issue these certificates. To protect against fraud, the certificates are produced through a central automated system and are numbered.

Pre-bankruptcy Counseling

A pre-bankruptcy counseling session with an approved credit counseling organization should include an evaluation of your personal financial situation, a discussion of alternatives to bankruptcy, and a personal budget plan. A typical counseling session should last about 60 to 90 minutes, and can take place in person, on the phone, or online. Th e counseling organization is required to provide the counseling free of charge for those consumers who cannot afford to pay. If you cannot afford to pay a fee for credit counseling, you should request a fee waiver from the counseling organization before the session begins. Otherwise, you may be charged a fee for the counseling, which will generally be about $50, depending on where you live, the types of services you receive, and other factors. Th e counseling organization is required to discuss any fees with you before starting the counseling session. Once you have completed the required counseling, you must get a certificate as proof. Check the U.S. Trustee's website to be sure that you receive the certificate from a counseling organization that is approved in the judicial district where you are fi ling bankruptcy. Credit counseling organizations may not charge an extra fee for the certificate.

Post-Filing Debtor Education

A debtor education course by an approved provider should include information on developing a budget, managing money, using credit wisely, and other resources. Like pre-filing counseling, debtor education may be provided in person, on the phone, or online. Th e debtor education session might last longer than the pre-filing counseling – about two hours – and the typical fee is between $50 and $100. As with pre-fi ling counseling, if you are unable to pay the session fee, you should seek a fee waiver from the debtor education provider. Check the list of approved debtor education providers at www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm or at the bankruptcy clerk's office in your district. Once you have completed the required debtor education course, you should receive a certificate as proof. Th is certificate is separate from the certificate you received after completing your pre-filing credit counseling. Check the U.S. Trustee's website to be sure that you receive the certificate from a debtor education provider that is approved in the judicial district where you filed bankruptcy. Unless they have disclosed a charge to you before the counseling session begins, debtor education providers may not charge an extra fee for the certificate.

Important Questions to Ask When Choosing a Credit Counselor

It's wise to do some research when choosing a credit counseling organization. If you are in search of credit counseling to fulfill the bankruptcy law requirements, make sure you receive services only from approved providers for your judicial district. Once you have completed the required counseling, you must get a certificate as proof. Check the list at www.usdoj.gov/ust/eo/bapcpa/ ccde/cc_approved.htm or at the bankruptcy clerk's offi ce for the district where you will file. Once you have the list of approved organizations in your judicial district, call several to gather information before you make your choice. Some key questions to ask are: What services do you offer? Will you help me develop a plan for avoiding problems in the future? What are your fees? What if I can't afford to pay your fees? What qualifications do your counselors have? Are they accredited or certified by an outside organization?What training do they receive? What do you do to keep information about me (including my address, phone number, and financial information) confidential and secure? How are your employees paid?Are they paid more if I sign up for certain services, if I pay a fee, or if I make a contribution to your organization?

For More Information and Assistance The U.S. Trustee Program promotes integrity and efficiency in the nation's bankruptcy system by enforcing bankruptcy laws, providing oversight of private trustees, and maintaining operational excellence. The Program has 21 regions and 95 field offices, and oversees the administration of bankruptcy in all states except Alabama and North Carolina. For more information, visit www.usdoj.gov/ust.

The Federal Trade Commission works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. For more information about credit issues and choosing a credit counselor, visit ftc.gov/ credit. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866- 653-4261. If a credit counseling organization falsely advertises it is approved by the U.S. Trustee, please report this to the FTC via the toll-free number.

The Federal Trade Commission (FTC) is the nation's consumer protection agency. Here are some tips from the FTC to help you be a more savvy consumer:

Know who you are dealing with. Do business only with companies that clearly provide their name, street address, and phone number.
Protect your personal information. Share credit card or other personal information only when buying from a company you know and trust.
Take your time. Resist the urge to 'act now.' Most any off er that's good today will be good tomorrow, too.
Rate the risks. Every potentially high-profit investment is a high-risk investment. That means you could lose your investment - all of it.
Read the small print. Get all promises in writing and read all paperwork before making any payments or signing any contracts. Pay special attention to the small print.
'Free' means free. Throw out any offer that says you have to pay to get a gift or a 'free' gift. If something is free or a gift, you don't have to pay for it. Period.
Report fraud. If you think you've been a victim of fraud, report it. It's one way to get even with a scam artist who cheated you. By reporting your complaint to 1-877-FTC-HELP or www.ftc.gov, you are providing important information to help law enforcement officials track down scam artists and stop them!

Sources:

Mojo Law
Federal Trade Commission - ftc.gov

2011-07-09T21:56:00.000-07:00

Personal Bankruptcy

Personal bankruptcy generally is considered the debt management option of last resort because the results are long lasting and far reaching. A bankruptcy stays on your credit report for 10 years, and can make it difficult to obtain credit, buy a home, get life insurance, or sometimes get a job. Still, it is a legal procedure that offers a fresh start for people who can't satisfy their debts. People who follow the bankruptcy rules receive a discharge — a court order that says they don't have to repay certain debts.

The consequences of bankruptcy are significant and require careful consideration. Other factors to think about: Effective October 2005, Congress made sweeping changes to the bankruptcy laws. The net effect of these changes is to give consumers more incentive to seek bankruptcy relief under Chapter 13 rather than Chapter 7. Chapter 13 allows you, if you have a steady income, to keep property, such as a mortgaged house or car, that you might otherwise lose. In Chapter 13, the court approves a repayment plan that allows you to use your future income to pay off your debts during a three-to-five-year period, rather than surrender any property. After you have made all the payments under the plan, you receive a discharge of your debts.

Chapter 7, known as straight bankruptcy, involves the sale of all assets that are not exempt. Exempt property may include cars, work-related tools, and basic household furnishings. Some of your property may be sold by a court-appointed official — a trustee — or turned over to your creditors. The new bankruptcy laws have changed the time period during which you can receive a discharge through Chapter 7. You now must wait eight years after receiving a dis- charge in Chapter 7 before you can file again under that chapter. The Chapter 13 waiting period is much shorter and can be as little as two years between filings.

Both types of bankruptcy may get rid of unsecured debts and stop foreclosures, repossessions, garnishments and utility shut-offs, and debt collection activities. Both also provide exemptions that allow you to keep certain assets, although exemption amounts vary by state. Personal bankruptcy usually does not erase child support, alimony, fines, taxes, and some student loan obligations. Also, unless you have an acceptable plan to catch up on your debt under Chapter 13, bankruptcy usually does not allow you to keep property when your creditor has an unpaid mortgage or security lien on it.

Another major change to the bankruptcy laws involves certain hurdles that you must clear before even filing for bankruptcy, no matter what the chapter. You must get credit counseling from a government-approved organization within six months before you file for any bankruptcy relief. You can find a state-by-state list of government approved organizations at www.usdoj.gov/ust. That is the website of the U.S. Trustee Program, the organization within the U.S. Department of Justice that supervises bankruptcy cases and trustees. Also, before you file a Chapter 7 bankruptcy case, you must satisfy a "means test." This test requires you to confirm that your income does not exceed a certain amount. The amount varies by state and is publicized by the U.S. Trustee Program at www.usdoj.gov/ust.

Sources:

Mojo Law
Federal Trade Commission - ftc.gov

2011-07-09T21:55:00.000-07:00

Credit Tips

Under the FCRA, both the consumer reporting company and the information provider (the person, company, or organization that provides information about you to a consumer reporting company) are responsible for correcting inaccurate or incomplete information in your report. To take advantage of all your rights under the FCRA, contact the consumer reporting company and the information provider if you see inaccurate or incomplete information.

Tell the consumer reporting company, in writing, what information you think is inaccurate. Include copies (NOT originals) of documents that support your position. In addition to providing your complete name and address, your letter should clearly identify each item in your report that you dispute, state the facts and explain why you dispute the information, and request that the information be deleted or corrected. You may want to enclose a copy of your report with the items in question circled. Your letter may look something like the one on page 8. Send your letter by certified mail, return receipt requested, so you can document what the consumer reporting company received. Keep copies of your dispute letter and enclosures.

Consumer reporting companies must investigate the items in question — usually within 30 days — unless they consider your dispute frivolous. They also must forward all the relevant data you provide about the inaccuracy to the organization that provided the information. After the information provider receives notice of a dispute from the consumer reporting company, it must investigate, review the relevant information, and report the results back to the consumer reporting company. If the information provider finds the disputed information is inaccurate, it must notify all three nationwide consumer reporting companies so they can correct the information in your file.

When the investigation is complete, the consumer reporting company must give you the written results and a free copy of your report if the dispute results in a change. (This free report does not count as your annual free report under the FACT Act.) If an item is changed or deleted, the consumer reporting company cannot put the disputed information back in your file unless the information provider verifies that the information is, indeed, accurate and complete. The consumer reporting company also must send you written notice that includes the name, address, and phone number of the information provider.

If you request, the consumer reporting company must send notices of any correction to anyone who received your report in the past six months. A corrected copy of your report can be sent to anyone who received a copy during the past two years for employment purposes.

If an investigation doesn't resolve your dispute with the consumer reporting company, you can ask that a statement of the dispute be included in your file and in future reports. You also can ask the consumer reporting company to provide your statement to anyone who received a copy of your report in the recent past. Expect to pay a fee for this service.

When negative information in your report is accurate, only the passage of time can assure its removal. A consumer reporting company can report most accurate negative information for seven years and bankruptcy information for 10 years. Information about an unpaid judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer. There is no time limit on reporting information about criminal convictions; information reported in response to your application for a job that pays more than $75,000 a year; and information reported because you've applied for more than $150,000 worth of credit or life insurance. There is a standard method for calculating the seven-year reporting period. Generally, the period runs from the date that the event took place.

Sources:

Mojo Law
Federal Trade Commission - ftc.gov

2011-07-09T21:53:00.001-07:00

Home & Auto Loans

Your debts can be secured or unsecured. Secured debts usually are tied to an asset, like your car for a car loan, or your house for a mortgage. If you stop making payments, lenders can repossess your car or foreclose on your house. Unsecured debts are not tied to any asset, and include most credit card debt, bills for medical care, signature loans, and debts for other types of services.

Most automobile financing agreements allow a creditor to repossess your car any time you're in default. No notice is required. If your car is repossessed, you may have to pay the balance due on the loan, as well as towing and storage costs, to get it back. If you can't do this, the creditor may sell the car. If you see default approaching, you may be better off selling the car yourself and paying off the debt: You'll avoid the added costs of repossession and a negative entry on your credit report.

If you fall behind on your mortgage, contact your lender immediately to avoid foreclosure. Most lenders are willing to work with you if they believe you're acting in good faith and the situation is temporary. Some lenders may reduce or suspend your payments for a short time. When you resume regular payments, though, you may have to pay an additional amount toward the past due total. Other lenders may agree to change the terms of the mortgage by extending the repayment period to reduce the monthly debt. Ask whether additional fees would be assessed for these changes, and calculate how much they total in the long term.

If you and your lender cannot work out a plan, contact a housing counseling agency. Some agencies limit their counseling services to homeowners with FHA mortgages, but many offer free help to any homeowner who's having trouble making mortgage payments. Call the local office of the Department of Housing and Urban Development or the housing authority in your state, city, or county for help in finding a legitimate housing counseling agency near you.

Debt Consolidation

You may be able to lower your cost of credit by consolidating your debt through a second mortgage or a home equity line of credit. Remember that these loans require you to put up your home as collateral. If you can’t make the payments — or if your payments are late — you could lose your home.

What's more, the costs of consolidation loans can add up. In addition to interest on the loans, you may have to pay "points," with one point equal to one percent of the amount you borrow. Still, these loans may provide certain tax advantages that are not available with other kinds of credit.

Sources:

Mojo Law
Federal Trade Commission - ftc.gov

2011-07-09T21:52:00.000-07:00

Credit Score

What is a Credit Score, and how does it affect my ability to get credit?

Credit scoring is a system creditors use to help determine whether to give you credit, and how much to charge you for it.

Information about you and your credit experiences, like your bill payment history, the number and type of accounts you have, late payments, collection actions, outstanding debt, and the age of your accounts, is collected from your credit application and your credit report.

Using a statistical formula, creditors compare this information to the credit performance of consumers with similar profiles. A credit scoring system awards points for each factor. A total number of points — a credit score — helps predict how creditworthy you are, that is, how likely it is that you will repay a loan and make the payments on time.

Generally, consumers with good credit risks have higher credit scores.

You can get your credit score from the three nationwide consumer reporting companies, but you will usually need to pay a fee for it. Many other companies also offer credit scores for sale alone or as part of a package of products.

For more information, see Credit Scoring at ftc.gov/credit.

Sources:

Mojo Law
Federal Trade Commission - ftc.gov

2011-07-09T21:51:00.000-07:00

Reduce Debt & Improve Credit

Having trouble paying your bills? Getting dunning notices from creditors? Are your accounts being turned over to debt collectors? Are you worried about losing your home or your car?

You're not alone. Many people face financial crises at some time in their lives. Whether the crisis is caused by personal or family illness, the loss of a job, or simple overspending, it can seem overwhelming. But often, it can be overcome. The fact is that your financial situation doesn't have to go from bad to worse.

If you or someone you know is in financial hot water, consider these options: realistic budget- ing, credit counseling from a reputable organization, debt consolidation, or bankruptcy. How do you know which will work best for you? It depends on your level of debt, your level of discipline, and your prospects for the future.

Develop A Budget

The first step toward taking control of your financial situation is to do a realistic assessment of how much money you take in and how much money you spend. Start by listing your income from all sources. Then, list your "fixed" expenses — those that are the same each month — like mortgage payments or rent, car payments, and insurance premiums. Next, list the expenses that vary — like entertainment, recreation, and clothing. Writing down all your expenses, even those that seem insignificant, is a helpful way to track your spending patterns, identify necessary expenses, and prioritize the rest. The goal is to make sure you can make ends meet on the basics: housing, food, health care, insurance, and education.

Your public library and bookstores have information about budgeting and money management techniques. In addition, computer software programs can be useful tools for developing and maintaining a budget, balancing your checkbook, and creating plans to save money and pay down your debt.

Contact Your Creditors

Contact your creditors immediately if you're having trouble making ends meet. Tell them why it's difficult for you, and try to work out a modified payment plan that reduces your payments to a more manageable level. Don't wait until your accounts have been turned over to a debt collector. At that point, your creditors have given up on you.

Dealing With Debt Collectors

The Fair Debt Collection Practices Act is the federal law that dictates how and when a debt collector may contact you. A debt collector may not call you before 8 a.m., after 9 p.m., or while you're at work if the collector knows that your employer doesn't approve of the calls. Collectors may not harass you, lie, or use unfair practices when they try to collect a debt. And they must honor a written request from you to stop further contact.

Sources:

Mojo Law
Federal Trade Commission - ftc.gov

2011-07-09T21:46:00.000-07:00

Advance Fee Loan Sharks

A breed of "loan shark" lurks, preying on unwary consumers by taking their money for the promise of a loan, credit card or other extension of credit. Advertisements and promotions for advance-fee loans "guarantee" or suggest that there’s a high likelihood of success that the loan will be awarded, regardless of the applicant’s credit history. But, to take advantage of the offer, the consumer first has to pay a fee. And that's the catch: The consumer pays the fee, the scam artist takes off with the money, and the loan never materializes.

Legitimate guaranteed offers of credit do not require payments up front. Legitimate lenders may require consumers to pay application, appraisal or credit report fees, but these fees seldom are required before the lender is identified and the application completed. In addition, the fees generally are paid to the lender, not to the broker or arranger of the "guaranteed" loan.

Legitimate lenders may guarantee firm offers of credit to credit-worthy consumers, but they rarely do this before evaluating a consumer's creditworthiness.

Advertisements for advance-fee loans generally appear in the classified section of daily and weekly newspapers and magazines. Often, the ads feature "900" numbers, which result in charges on your phone bill. Advance-fee loans also are promoted through direct mail, e-mail (often spam), radio and cable TV spots. The appearance of ads in media outlets that you recognize — like your local newspaper or radio station — is no guarantee of the legitimacy of the company behind the ad.

The Federal Trade Commission offers tips to avoid being scammed by advance-fee loan sharks:

Don’t pay for a promise. It’s illegal for companies doing business by phone to promise you a loan and ask you to pay for it before they deliver.
Ignore any ad — or hang up on any caller — that guarantees a loan in exchange for an advance fee. Legitimate lenders never "guarantee” or say that you will receive a loan before you apply, especially if you have bad credit or no credit record.
Never give your credit card or bank account numbers, or Social Security Number, over the telephone unless you are familiar with the company and know why the information is necessary.

Sources:

Mojo Law
Federal Trade Commission - ftc.gov

2011-07-09T21:43:00.000-07:00

The Legal Lexicographer Bouvier defines credit & debt as:

CREDIT, common law, contracts.

The ability to borrow, on the opinion conceived by the lender that he will be repaid. This definition includes the effect and the immediate cause of credit. The debt due in consequence of such a contract is also called a credit; as, administrator of an the goods, chattels, effects and credits, &c.
The time extended for the payment of goods sold, is also called a credit; as, the goods were sold at six months credit.
In commercial law, credit is understood as opposed to debit; credit is what is due to a merchant, debit, what is due by him
According to M. Duvergier, credit also signifies that influence acquired by intrigue connected with certain social positions. 20 Toull. n. 19. This last species of credit is not, of such value as to be the object of commerce. Vide generally, 5 Taunt. R. 338.

CREDITOR, persons, contracts.

A creditor is he who has a right to require the fulfilment of an obligation. or contract.
Creditors may; be divided into personal and real.
The former are so called, because their claims are mainly against the person, who can reach the property of their debtors only by; virtue ofthe general rule by which he who has become personally obligated, is bound to fulfill his engagements, with all his property acquired and to be acquired, Which is a common guaranty for all his creditors.
The latter are called real, because they have mortgages or other securities binding on the real estates of their debtors.
It is proper to state that personal creditors may be divided into two classes first, those who have a right on all the property of their debtors, without considering the origin, or the nature of their claims; secondly, those who, in consequence of some provision of law, are entitled to some special prerogative, either in the manner of recovery, or in the rank they are to hold among creditors; these are entitled to preference. As an example, may be mentioned the case of the United State; when they are creditors, they have always a preference in case of insolvent estates.
A creditor sometimes becomes so, unknown to his debtor, as is the case when the former receives an assignment of commercial; paper, the title to recover which may be conveyed either by endorsement, or, in some cases, by mere delivery. But in general it is essential there should be a privity of contract between the parties. Vide, generally, 7 Vin. Ab. 42; 3 Com. Dig. 343; 8 Com. Dig. 388; 1 Supp. to Ves. Jr. 302 2 Sup. to Ves. Jr. 305 Code, 7, 72, 6; Id. 8, 18; Dig 42, 6, 17; Nov. 97 ch. t3 Bouv. Inst. Index, h.t.

DEBT, contracts.

A sum of money due by certain and express agreement. 3 Bl. Com. 154. In a less technical sense, as in the "act to regulate arbitrations and proceedings in courts of justice" of Pennsylvania, passed the 21st of March, 1806, s. 5, it means an claim for money. In a still more enlarged sense, it denotes any kind of a just demand; as, the debts of a bankrupt. 4 S. & R. 506.
Debts arise or are proved by matter of record, as judgment debts; by bonds or specialties; and by simple contracts, where the quantity is fixed and specific, and does not depend upon any future valuation to settle it. 3 Bl. Com. 154; 2 Hill. R. 220.
According to the civilians, debts are divided into active and passive. By the former is meant what is due to us, by the latter, what we owe. By liquid debt, they understand one, the payment of which may be immediately enforced, and not one which is due at a future time, or is subject to a condition; by hypothecary debt is meant, one which is a lien over an estate and a doubtful debt, is one the payment of which is uncertain. Clef des Lois Rom. h.t.
Debts are discharged in various ways, but principally by payment. See Accord and Satisfaction; Bankruptcy; Confusion Compensation; Delegation; Defeasance; Discharge of a contract; Extinction; Extinguishment; Former recovery; Lapse of time; Novation; Payment; Release; Rescission; Set off.
In payment of debts, some are to be paid before others, in cases of insolvent estates first, in consequence of the character of the creditor, as debts due to the United States are generally to be first paid; and secondly, in consequence of the nature of the debt, as funeral expenses and servants' wages, which are generally paid in preference to other debts. See Preference; Privilege; Priority.

DEBT, remedies.

The subject will be considered with reference, 1. To the kind of claim or obligation on which this action may be maintained. 2. The form of the declaration. 3. The plea. 4. The judgment.

For the form of the judgment, see Judgment in debt. Vide Remedy.

DEBTEE.

One to whom a debt is due a creditor, as, debtee executor. 3 Bl. Com. 18.

DEBTOR, contracts.

One who owes a debt; he who may be constrained to pay what he owes.
A debtor is bound to pay his debt personally, and all the estate he possesses or may acquire, is also liable for his debt.
Debtors are joint or several; joint, when they all equally owe the debt in solido; in this case if a suit should be necessary to recover the debt, all the debtors must be sued together or, when some are dead, the survivors must be sued, but each is bound for the whole debt, having a right to contribution from the others; they are several, when each promises severally to pay the whole debt; and obligations are generally binding on both or all debtors jointly and severally. When they are severally bound each may be sued separately, and on the payment of debt by one, the others will be bound to contribution, where all had participated in the money or property, which was the cause of the debt.
Debtors are also principal and surety; the principal debtor is bound as between him and his surety to pay the whole debt. and if the surety pay it, he will be entitled to recover against the principal. Vide Bouv. Inst. Index, h.t.; Vin. Ab. Creditor and Debtor; Id. Debt; 8 Com. Dig. 288; Dig. 50, 16, 108 Id. 50, 16, 178, 3; Toull. liv. 2, n. 250.

Sources:

Mojo Law

2011-07-09T21:41:00.000-07:00

Creating a Better Credit Report

If you've ever applied for a credit card, a personal loan, or insurance, there's a file about you. This file is known as your credit report. It is packed full of information on where you live, how you pay your bills, and whether you've been sued, arrested, or filed for bankruptcy. Consumer reporting companies sell the information in your report to creditors, insurers, employers, and other businesses with a legitimate need for it. They use the information to evaluate your applications for credit, insurance, employment, or a lease.

Having a good credit report means it will be easier for you to get loans and lower interest rates. Lower interest rates usually translate into smaller monthly payments, and a lower re-payment of the loan.

Nevertheless, newspapers, radio, TV, and the Internet are filled with ads for companies and services that promise to erase accurate negative information in your credit report in exchange for a fee. The scam artists who run these ads not only don't deliver — they can't deliver. Only time, a deliberate effort, and a plan to repay your bills will improve your credit as it's detailed in your credit report.

You have the right to know what's in your report, but you have to ask for the information. The consumer reporting company must tell you everything in your report, and give you a list of everyone who has requested your report within the past year — or the past two years if the requests were related to employment.

Consumer reporting companies collect and sell four basic types of information:

Identification and employment information: Your name, birth date, Social Security number, employer, and spouse's name are noted routinely. The consumer reporting company also may provide information about your employment history, home owner- ship, income, and previous address, if a creditor asks.
Payment history: Your accounts with different creditors are listed, showing how much credit has been extended and whether you've paid on time. Related events, such as the referral of an overdue account to a collection agency, also may be noted.
Inquiries: Consumer reporting companies must maintain a record of all creditors who have asked for your credit history within the past year, and a record of individuals or businesses that have asked for your credit history for employment purposes for the past two years.
Public record information: Events that are a matter of public record, such as bankruptcies, foreclosures, or tax liens, may appear in your report.

Sources:

Mojo Law
Federal Trade Commission - ftc.gov

2011-07-09T21:39:00.000-07:00

Credit Counseling

If you're not disciplined enough to create a workable budget and stick to it, can't work out a repayment plan with your creditors, or can't keep track of mounting bills, consider contacting a credit counseling organization. Many credit counseling organizations are nonprofit and work with you to solve your financial problems. But be aware that just because an organization says it's "nonprofit," there's no guarantee that its services are free, affordable, or even legitimate. In fact, some credit counseling organizations charge high fees, which may be hidden, or pressure consumers to make large "voluntary" contributions that can cause more debt.

Most credit counselors offer services through local offices, the Internet, or on the telephone. If possible, find an organization that offers in-person counseling. Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs. Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals.

Reputable credit counseling organizations can advise you on managing your money and debts, help you develop a budget, and offer free educational materials and workshops. Their counse- lors are certified and trained in the areas of consumer credit, money and debt management, and budgeting. Counselors discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems. An initial counseling session typically lasts an hour, with an offer of follow-up sessions.

Sources:

Mojo Law
Federal Trade Commission - ftc.gov

2011-07-09T21:35:00.000-07:00

Human rights in Iran: Society calls for close scrutiny

Thursday 07 July 2011

The Law Society is calling upon Ahmed Shaheed, the UN Human Rights Council's (UNHRC) special rapporteur on the human rights situation in the Islamic Republic of Iran, to look closely at the dire situation of human rights defenders and alleged 'dissidents.'

The Law Society and Solicitors Human Rights Group have welcomed the decision by the UNHRC to appoint a special rapporteur to look into the situation in Iran and has called on Shaheed to tackle a number of specific issues, including how 'dissidents', who are deemed to have threatened national security on the flimsiest of grounds, are treated in the republic.

Law Society president Linda Lee says:

'The appointment of the special rapporteur by the United Nations is a positive step. The Law Society and the Solicitors Human Rights Group have appealed to Iran several times in recent years about particular human rights cases, and we are familiar with many of the serious issues surrounding human rights in the country.

'We therefore urge the Special Rapporteur to tackle the way human rights defenders and dissidents are treated in Iran. Such 'dissidents'; include peaceful protesters who have called for the end of discrimination against women, and academics who have countered the cynical exclusion of their co-religionists from tertiary education by setting up a university to cater for excluded Baha'i youth.

'As professional legal bodies representing thousands of lawyers in England and Wales, we are particularly concerned with the detention and debarring of lawyers who have fulfilled their professional calling by defending the rights of opposition activists, journalists, ethnic and religious minorities and juvenile offenders, as well as other victims of grave human rights violations.

'The lack of due process, independence of the judiciary and equality before the law jeopardises the universal human rights of all Iranians.'

Mr Lionel Blackman, chair of the Solicitors' International Human Rights Group said:

'The rapporteur needs to boldly look beyond the explicit mistruths stated by the Iranian authorities - such as those by Mohammad-Javad Larijani, Secretary-General of the High Council for Human Rights last month, that Iran does not arrest any Baha'i in Iran just for being a Baha'i.

'A well documented record of over three decades by a range of credible sources suggests the contrary. Indeed the very national representatives of this religious minority community have just entered the third year of imprisonment of a 20 year sentence which stemmed from a highly flawed legal process.'

2011-07-09T21:20:00.000-07:00

English Law

I. Introduction

This research guide is an introduction to the basic legal materials of modern English law (see English Legal History for historical research). This research guide applies only to the law of England and Wales. Scotland and Northern Ireland have separate court systems, which, while similar, are not identical. This guide does not include information on European Community law, which may be binding on English courts. For guidance with researching EU law, see the European Union research guide. If you are beginning a comprehensive legal research project, refer to the sections of this guide that describe secondary sources first (e.g., sections IX through XI).

Some comparative notes to remember:

There is no written English constitution (i.e., there is no one single document called the constitution); "constitutional law" concerns issues such as the role of the state, the protection of individual rights, etc. (see e.g., Anthony King, The British Constitution, KD3989 .K56 2007).
There is no official codification of English statutes.
Any statute passed by Parliament is by definition valid and not subject to review by the courts. Thus a statute's "constitutionality" is not an issue a court can address; Parliament alone may act to change a law.

II. Structure of the English Court System

The chart above shows a simplified version of the English court system. The Appellate Committee of the House of Lords was the final court of appeal for civil and criminal cases from England and Wales until October 2009, when the replaced it as the highest court in the United Kingdom.

The Court of Appeal in both its civil and criminal divisions has only appellate jurisdiction, while the High Court of Justice and the Crown Court have both appellate and original jurisdiction. They will hear on original jurisdiction civil and criminal cases considered too serious to be heard by either the Magistrate's Courts (criminal) or the County Courts (civil). The English Legal Process by Terence Ingman (13th ed) (KD7111 .I53 2011) provides a detailed discussion of the organization and procedure of the courts.

III. Statutes

English statutes have never been officially codified. There are, however, unofficial publications that organize by subject the statutes currently in force. These are discussed below.

Airports Authority Act, 1965 (Eng.) is typical statute cite. Until 1963, statutes were cited by regnal year rather than calendar year. Thus, you might see a citation such as 5 Eliz. 2, c.3, referring to the third act passed during the fifth year of Elizabeth II's reign. The will help you find older statutes.

Since 1831 Her Majesty's Stationery Office (H.M.S.O., now the Office of Public Sector Information) has published the official version of the statutes as Public General Acts and General Synod Measures (KD124 .P83). The law library began receiving these in 1952. These are the equivalent of our session laws. They are compiled every year; before that they are available in slip law form. Access is through the Index to the Statutes in Force. The Public General Statutes and The Public General Acts (KD124 .P82), published by the Incorporated Council of Law Reporting, contain acts passed between 1866 and 1951 (both sets are marked Law Reports: Statutes on the spine). Current Law (KD296 .C821) also contains summaries of recent statutory developments, arranged by subject.

The official publication Statutes in Force (KD132.S72 and Microforms Room) contains all statutes in force from 1235, in subject order along with their amendments. Statutes in Force has not been updated since 1992, and while it should not be used to look for current statutes, it is still useful for historical research. There is an index for each subject as well as a general index. The previous edition, Statutes Revised (3rd ed.) (KD130 .S72), contained legislation in force as of 1948. The is the official revised database of UK legislation; the text of legislation is derived from these two publications. The SLD contains legislation in force on February 1, 1991, and all Acts passed since then, in their latest revised form.

Index to the Statutes (KD142.4.I52), which covered the period 1235 to 1990 (when publication ceased), and Chronological Table of the Statutes (KD142.3.C47), which covers the years 1235 to the present, are meant to be used with Public General Acts and Measures and Statutes in Force. The Chronological Table of the Statutes indicates repeals and amendments.

There are also several commercial versions of the statutes that are organized by subject. The best of these is Halsbury's Statutes of England and Wales (KD135 .H3 4th), currently in its fourth edition. It contains the text of virtually all English statutes still in force. It is annotated with case decisions, and statutory instruments (similar to regulations), and includes references to Halsbury's Laws of England (see below under Encyclopedias). It is updated between editions. Halsbury's Statutes Citator (KD135 .H35) and Current Law: Legislation Citator (KD296 .C831) list repeals and amendments to statutes. Current Law includes citations to cases.

Public general acts currently in force are also on LexisNexis (ENGGEN;STAT) and Westlaw (UK-ST). The Westlaw database United Kingdom Legislation Locator (UK-LEGISLOC) provides links to citing cases and secondary sources.

There are two government statutory databases on the web. The contains unamended texts of primary and secondary legislation passed since 1988. Some legislation made from 1837-1987 has been added as well. The is the official database of updated UK legislation in its latest revised form (i.e., with amendments to legislation within the text. The SLD contains the texts of all Acts that were in force on February 1, 1991, and all Acts passed since then.

Section 3.1 of provides advice on finding English legislation. Craies on Legislation: A Practitioners' Guide to the Nature, Process, Effect and Interpretation of Legislation (9th ed.) (KD691 .C73 2008) is a standard text on English statutes and statutory interpretation.

For the treatment of statutes in cases (beginning in 1947) check Current Law Statute Citator (KD296 .C831) which also lists amendments to the statutes. Once you have selected and found a statute in Westlaw, to find related acts and cases citing your statute, click on the "Links for" tab in the left frame and then choose "Analysis." While Lexis doesn't have a comparable feature, searching in the case law or statutory databases with the name of the statute may lead to cases and other statutes that refer to your statute.

IV. Statutory Instruments

Parliament may delegate to another authority the power to make rules and regulations in an area where Parliamentary language is general. These rules have the force of law and are called statutory instruments. They may also be referred to as delegated or subordinate legislation. (These instruments are similar to the federal regulations promulgated by executive departments and agencies of the U.S. Federal Government.) Statutory Instruments (KD166 .A3) are published annually. The index to this set is the biennial Index to Government Orders (KD170 .I52).

Halsbury also publishes cumulations of selected statutory instruments of general application in Halsbury's Statutory Instruments (2d Re-issue) (KD173 .H3). Recent statutory instruments are summarized in Current Law (KD296 .C821). You can also find current general (not local) statutory instruments on LexisNexis (ENGGEN;SI) and Westlaw (UK-SI). They are available on the web beginning in 1987 at and in the . From the advanced search option, select "Statutory Instruments (UK)" or browse by selecting "Statutory Instruments (UK)" from the dropdown menu under "Legislation Type."

V. Case Law

Pre-1865 Law Reports

English case reporting can be divided into two main periods, before and since 1865. Until 1865 there was no sanctioned reporter for English cases. Instead, commercial reporters published their own series, many of which consisted of only a few volumes, and which varied greatly in quality. The research guide will help you find earlier cases, beginning in the Middle Ages.

Law Reports since 1865

In 1865 the Incorporated Council of Law Reporting was formed to produce a quasi-official version of reports, the Law Reports. Originally there were eleven series of reports. Now, due to court reorganization, there are four series: Appeal Cases, Queen's Bench Division, Chancery Division and Family Division. You should cite cases to Law Reports (Bluebook, T2.42). Be aware that citations to these series refer only to the series abbreviation, and do not indicate that they are part of the Law Reports (e.g., Weston v. Remington, 1986 A.C. 135 is a citation to the Appeal Cases series of the Law Reports). Law Reports are available in Lexis (ENGGEN;ICLR) and Westlaw (UK-RPTS-ALL).

Appeal Cases (KD275.4 .L38) includes the reports from the House of Lords, the Judicial Committee of the Privy Council (a special court which prepares advisory opinions for the Queen), and Peerage Cases. Queen's Bench Division (KD277.7 .L38) contains the cases decided in the Queen’s Bench division of the High Court of Justice and appeals from there to the Court of Appeal, and cases in the criminal division of the Court of Appeal. (This set is called "King's Bench" when a king is on the throne of England.) The reporters from the Chancery (KD 276.3 .L38) and Family (KD279.3 .L38) divisions contain cases in those courts and on appeal therefrom.

The Weekly Law Reports (KD282 .W33) is another series published by the Incorporated Council. Weekly advance sheets are cumulated into three bound volumes each year. The cases in volumes 2 and 3 are generally reprinted in the Law Reports. (The first volume of the Weekly Law Reports contains cases considered to be less important.) The Weekly Law Reports have the advantage of currency; it can take up to two years for a case to appear in the Law Reports.

Some reporter series other than the Law Reports were still published after 1865, including: Law Journal Reports (1822-1949) (KD288 .A22), Times Law Reports (1884-1952) (KD288 .A5) and Law Times Reports (1843-1947) (1843-1859, Level 4; 1860-1947, KD288 .A34). Currently only one set, All England Law Reports (1936- ) (KD288 .A64) is still published. This incorporates the Law Journal Reports and the Law Times Reports. It is not wholly duplicative of the Law Reports and its headnotes are considered to be more helpful than those in the Law Reports. Weekly advance sheets are also issued.

In addition to the general series of law reports, there are commercially published reporters containing cases in a specific subject area. Examples include Criminal Appeal ReportsLloyd's Law Reports (KD1815 .A2 L56), and Ryde's Ratings Cases (KD5534 .A51). The online catalog will indicate whether the library receives a set of reports and its call number. (KD7865 .A2 C7),

In addition, many English cases from 1558 to the present, along with selected unreported transcripts of decisions in the major courts from January 1, 1980, are available on LexisNexis (ENGGEN;CASES). The UK;ALLCAS database includes reported cases from Scotland (1982-) and Northern Ireland (1945-) as well. The analogous Westlaw database (UK-RPTS-ALL) contains English reports from 1865 to the present; Westlaw also contains transcripts of decisions since 1999 (UKL-RPTS).

English cases are also published on the web. decided from 1996-2009 are available, and the Supreme Court website provides information about . makes selected cases from other courts available, as well as the website. The publishes legal news along with the full text of selected judgments.

VI. Digests

There are a number of English digests, but the most useful and comprehensive is The DigestThe English and Empire Digest until 1981) (KD296 .E52 1971), which covers cases from the Yearbooks to the present. Cases are arranged in classified order under broad subject headings and then chronologically within each topic. Each case is assigned a number that can be used to trace the later treatment of that case (thereby allowing The Digest to be used as a citator). The digest's organization is similar to that of Halsbury's Laws of England (see below under Encyclopedias). Each volume has its own index and there is a two-volume general index of subjects and of words and phrases. The third (or green band) edition of The Digest is the most current. In some instances an older case may not be in the current digest. You may find it by checking one of the older editions. Like its American counterparts, The Digest has Tables of Cases volumes allowing you to find a case if you know it by name and do not have a citation. It will refer you to the correct volume of The Digest which will then provide the full citation for the case. (called

VII. Updating Cases/Citators

To get information in Westlaw for English cases similar to that which you would find in Shepard's or KeyCite for U.S. cases, there are several paths that lead to the same result. After pulling a case (either by citation or searching for it in the UK-CASELOC database), click on the blue "History" link at the top of the page or the "Links for" tab in the left column. Each method will lead to different parts of the same document. However, this feature is available only for cases in reporters that are included in the Westlaw databases. Lexis doesn't have a comparable feature, but once you have identified a case, you can try searching in the case databases with the name of the parties to find other cases that refer to your case. (Restricting the search by date will help to limit results to cases that followed your case.)

The closest print equivalent to Shepard's is the Current Law Case Citator (KD296 .C84) which traces the subsequent history and treatment of cases since 1947 (note that cases are listed alphabetically, rather than by citation as in Shepard's). For the history and treatment of cases prior to 1947, check The Digest (KD296 .E52 1971). The article by Stephen E. Young, Shepardizing® English Law, 90 Law Libr. J. 209 (1998), explains in detail how to use print citators for cases and statutes. For information about citators generally, see the .

VIII. Treaties

British treaties and agreements of international effect (including unratified treaties) are published as Command Papers, all of which appear in State Papers, the bound volume of Parliamentary Papers for each session. Treaties are indexed in the monthly and annual lists of government publications of Her Majesty's Stationery Office (now the Office of Public Sector Information). Ratified treaties, and most of the agreements and exchanges of notes, are numbered within the Treaty Series (KZ635.3 .T74), in which a new numbering commences every year. The complete set of Command Papers is available at Perkins Library. For more information on the Command Papers see the Perkins Library's .

IX. Encyclopedias & Dictionaries

Halsbury's Laws of England (KD310 .H34 2006), currently in its fifth edition, contains many of the elements of the American law dictionary, encyclopedia, digest and treatise. It is a complete narrative statement on the law of England, which has been culled from many sources, including the ancient common law, case law, statutory law and instruments, European legislation and treaties. It is supplemented by monthly current service, annual supplements, new additional volumes and an annual abridgement volume (KD296 .H34). The arrangement of the set is under title headings in alphabetical order. Means of access is through an index volume. It is an excellent resource and a recommended starting point for any UK legal research project.

Two of the leading English legal dictionaries are Stroud's Judicial Dictionary (7th ed.) (Ref. KD313 .S925 2006) and Jowitt's Dictionary of English Law (3rd ed.) (Ref. KD313 .J69 2010). Both are supplemented and cite relevant statutes and cases for their definitions. Her Majesty's Court Service also provides a .

X. Legal Periodicals

Many English law journals are indexed in the American journal indexes: Index to Legal Periodicals, Current Law Index and LegalTrac. From 1986-1994 the library received the Legal Journals Index (Reference Indexes), which indexes all British legal periodicals. This index is now available from 1986 to present on Westlaw in the LJI database. Issues of Current Law (KD 296 .C821), both monthly and annual, also contain indexes to periodical articles. The library subscribes to most of the major English legal periodicals, and they are located on Level 4. Many are also available in LexisNexis and Westlaw.

XI. Treatises

The Library contains a large collection of English treatises. Most are classified under KD, and located on Level 1. To find books in the , search by subject using the topic name followed by the subdivision "Great Britain" (e.g., contracts great britain).

The Library has a number of basic texts explaining the English legal system, including:

Fiona Cownie, et al., English Legal System in Context (4th ed.) (KD7100 .C69 2007)

Catherine Elliott and Frances Quinn, English Legal System (7th ed.) (KD662.E45 2006); updated at .

Gary Slapper & David Kelly, English Legal System (9th ed.) (KD 661 .S52 2009).

Richard Ward & Amanda Wragg, Walker & Walker's English Legal System (9th ed.) (KD660 .W34 2005)

XII. Citation Form / Abbreviations

Rules governing citation form for English materials are found in The Bluebook: A Uniform System of Citation at rule 20.3.1 (common law cases), 20.5.1 (statutes in common law systems), and in Table 2 (T2.42). A typical statute cite looks like this:

Airports Authority Act, 1965, c.16 (Eng.).

A typical case citation might look like:

Smith v. Weston, (1987) 2 Q.B. 135 (if there were more than one volume of Queen's Bench reports for 1987); or:

Weston v. Remington, (1986) A.C. 135 (if there were only one volume of Appeal Cases for 1986)

There are several resources that explain how to cite British materials in accordance with UK conventions. , produced by the Oxford Law Faculty in consultation with academic law publishers, is UK resource which most closely resembles the Bluebook. is a tutorial that explains how to cite documents using OSCOLA. Other useful titles include Derek French, How To Cite Legal Authorities (Ref. KD400.F73 1996) (which has lists of abbreviations and regnal years), and Manual of Legal Citations (Ref. KD400 .M36 1960).

Sources for abbreviations include Donald Raistrick, Index to Legal Citations and Abbreviations (Ref. KD400 .R33 1993 ); How To Cite Legal Authorities (Ref. KD400.F73 1996) and .

XIII. Research Guides

Guy Holborn, Butterworths Legal Research Guide (2nd ed.) (Ref. KD392 .H64 2001).
This very useful guide to legal research includes a section on Internet resources.

Sarah Carter, [update by Hester Swift]
This website has information about both print and electronic resources.

John Knowles & Philip A. Thomas, Effective Legal Research (Ref. KD 392 .T484 2006).
This book gives very clear and detailed descriptions of English legal materials and how to use and cite them.

This is a subject-orientated legal portal designed to make Internet research easier for students.

Glanville Williams, Learning the Law (13th ed.) (KD442 .W54 2006).
This text introduces students to legal research and other skills needed to study the law.

Manual of Law Librarianship: The Use and Organization of Legal Literature (Elizabeth M. Moys ed., 2nd ed.) (Ref. KD392 .M33 1987).
Designed for British law librarians, this book provides good descriptions of all types of British and Irish legal materials.

Peter Clinch, Using a Law Library: A Student's Guide to Legal Research Skills (2nd ed.) (Ref. KD392.C66 2001).
This book gives advice on researching the law of England, Wales and Scotland; it includes information about electronic sources.

XIV. English Law on the Web

Apart from the specific sites mentioned above, there are web sites with links to many sources for English legal materials. Two of the best are from the University of Kent at Canterbury and the

rev. Kristina Alayan

12/2010

English Law

The Legal Lexicographer Bouvier defines credit & debt as:

Sources:

Before You File for Personal Bankruptcy: Information About Credit Counseling and Debtor Education

Counseling and Education Requirements

Pre-bankruptcy Counseling

Post-Filing Debtor Education

Important Questions to Ask When Choosing a Credit Counselor

Sources:

Personal Bankruptcy

Sources:

Credit Tips

Sources:

Home & Auto Loans

Debt Consolidation

Sources:

Credit Score

Sources:

Reduce Debt & Improve Credit

Develop A Budget

Contact Your Creditors

Dealing With Debt Collectors

Sources:

Advance Fee Loan Sharks

Sources:

The Legal Lexicographer Bouvier defines credit & debt as:

Sources:

Creating a Better Credit Report

Sources:

Credit Counseling

Sources:

Human rights in Iran: Society calls for close scrutiny

English Law

I. Introduction

II. Structure of the English Court System

III. Statutes

IV. Statutory Instruments

V. Case Law

VI. Digests

VII. Updating Cases/Citators

VIII. Treaties

IX. Encyclopedias & Dictionaries

X. Legal Periodicals

XI. Treatises

XII. Citation Form / Abbreviations

XIII. Research Guides

XIV. English Law on the Web

Before You File for Personal Bankruptcy:
Information About Credit Counseling and Debtor Education