The finance charge is the total of all money paid for credit; it includes the interest paid over the life of the loan and all processing charges medications to treat bipolar residronate 35 mg mastercard. The annual percentage rate is the true rate of interest for money or credit actually available to the borrower treatment hepatitis c discount 35 mg residronate otc. Fair Credit and Charge Card Disclosure In 1989, the Fair Credit and Charge Card Disclosure Act went into effect. In 2009, Congress passed and President Obama signed the Credit Card Accountability, Responsibility, and Disclosure Act of 2009 (the Credit Card Act). Some of the salient parts of the act are as follows: Restricts all interest rate increases during the first year, with some exceptions. Limits fees and penalty interest and requires statements to clearly state the required due date and late payment penalty. Amounts in excess of the minimum payment must be applied to the highest interest rate (with some exceptions). Restricts card issuers from providing tangible gifts to students on college campuses in exchange for filling out a credit card application. Requires colleges to publicly disclose any marketing contracts made with a card issuer. Requires issuers to disclose the period of time and the total interest it will take to pay off the card balance if only minimum monthly payments are made. As to the Credit Card Act of 2009, the issuing companies were not happy with the reforms. Before the law went into effect, the companies-as one commentator put it- unleashed a "frenzy of retaliation," [2] by repricing customer accounts, changing fixed rates to variable rates, lowering credit limits, and increasing fees. It is designed to protect consumers who buy goods and services on credit by simplifying, clarifying, and updating legislation governing consumer credit and usury. After discovering how much credit will cost, a person might decide to go for it: get a loan or a credit card. The potential creditor, of course, should want to know if the applicant is a good risk; that requires a credit check. Divorced women discovered that they could not open store charge accounts because they lacked a prior credit history, even though they had contributed to the family income on which previous accounts had been based. In all these cases, the premise of the refusal to treat women equally was the unstated-and usually false-belief that women would quit work to have children or simply to stay home. The act prohibits any creditor from discriminating "against any applicant on the basis of sex or marital status with respect to any aspect of a credit transaction. And unless the applicant is seeking a joint loan or account or lives in a community-property state, the creditor may not ask for a statement of marital status or, if you have voluntarily disclosed that you are married, for information about your spouse, nor may one spouse be required to cosign if the other is deemed independently creditworthy. In assessing the creditworthiness of an applicant, the creditor must consider all sources of income, including regularly received alimony and child support payments. And if credit is refused, the creditor must, on demand, tell you the specific reasons for rejection. This is the practice by a financial institution of refusing to grant home loans or home-improvement loans to people living in low-income neighborhoods. From these reports it is possible to determine what is happening to home prices in a particular area, whether investment in one neighborhood lags compared with that in others, if the racial or economic composition of borrowers changed over time, whether minorities or women had trouble accessing mortgage credit, in what kinds of neighborhoods subprime loans are concentrated, and what types of borrowers are most likely to receive subprime loans, among others. Because credit is such a big business, a number of support industries have grown up around it. One of the most important is the credit-reporting industry, which addresses this issue of checking creditworthiness. Certain companies-credit bureaus-collect information about borrowers, holders of credit cards, store accounts, and installment purchasers. For a fee, this information-currently held on tens of millions of Americans-is sold to companies anxious to know whether applicants are creditworthy. If the information is inaccurate, it can lead to rejection of a credit application that should be approved, and it can wind up in other files where it can live to do more damage. Under this statute, an applicant denied credit has the right to be told the name and address of the credit bureau (called "consumer reporting agency" in the act) that prepared the report on which the denial was based. An investigative-type report is one that results from personal interviews and may contain nonfinancial information, like drinking and other personal habits, character, or participation in dangerous sports. Since the investigators rely on talks with neighbors and coworkers, their reports are usually subjective and can often be misleading and inaccurate.
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Arbitration the idea that a forum-selection clause could symptoms 2dp5dt 35 mg residronate sale, by agreement of the parties symptoms hiatal hernia order 35 mg residronate overnight delivery, take a dispute out of one national court system and into another court system is just one step removed from the idea that the parties can select a fair resolution process that does not directly involve national court systems. In international arbitration, parties can select, either before or after a dispute arises, an arbitrator or arbitral panel that will hear the dispute. Arbitration is generally faster, can be less expensive, and is always private, being a proceeding not open to media scrutiny. Typically, an arbitration clause in the contract will specify the arbitrator or the means of selecting the arbitrator. For that purpose, there are many organizations that conduct international arbitrations, including the American Arbitration Association, the International Chamber of Commerce, the International Centre for Settlement of Investment Disputes, and the United Nations Commission on International Trade Law. Arbitrators need not be judges or lawyers; they are usually business people, lawyers, or judges who are experienced in global commercial transactions. The arbitration clause is thus in essence a forum-selection clause and usually includes a choice of law for the arbitrator or arbitral panel to follow. If the losing party refuses to pay the award, the winning party must petition a court somewhere to enforce it. Fortunately, almost every country that is engaged in international commerce has ratified the United Nations Convention on the Recognition and Enforcement of Arbitral Awards, sometimes known as the New York Convention. The United States adopted this convention in 1970 and has amended the Federal Arbitration Act accordingly. Anyone who has an arbitral award subject to the convention can attach property of the loser located in any country that has signed the convention. Explain forum non conveniens and be able to apply that in a case involving citizens from two different nation-states. Describe and explain the origins of both sovereign immunity and the act-of-state doctrine, and be able to distinguish between the two. Bases for National Jurisdiction under International Law A nation-state has jurisdiction to make and enforce laws (1) within its own borders, (2) with respect to its citizens (nationals") wherever they might be, and (3) with respect to actions taking place outside the territory but having an objective or direct impact within the territory. In the Restatement (Third) of Foreign Relations Law, these three jurisdictional bases are known as (1) the territorial principle, (2) the nationality principle, and (3) the objective territoriality principle. As we have already seen, many difficult legal issues involve jurisdictional problems. The citizens of a nation-state are subject to its laws while within the nation and beyond. United States companies may not, for example, bribe public officials of foreign countries in order to get contracts (Foreign Corrupt Practices Act of 1976). The job required helicopter pilots to occasionally land to provide emergency services. Dynalectron did not deny that they had discriminated on the basis of his religion but argued that because of the Saudi law, they had no viable choice. The principle of objective territoriality is fairly simple: acts taking place within the borders of one nation can have a direct and foreseeable impact in another nation. International law recognizes that nationstates act appropriately when they make and enforce law against actors whose conduct has such direct effects. A lawsuit in the United States against Osama bin Laden and his relatives in the Middle East was based on objective territoriality. One of the functions of treaties is to map out areas of agreement between nation-states so that when these kinds of conflicts arise, there is a clear choice of which law will govern. For example, in an extradition treaty, two nation-states will set forth rules to apply when one country wants to prosecute someone who is present in the other country. In general, these treaties will try to give priority to whichever country has the greater interest in taking jurisdiction over the person to be prosecuted. Forum Non Conveniens; Forum-Selection Clauses Forum non conveniens is a judicial doctrine that tries to determine the proper forum when the courts of two different nation-states can claim jurisdiction. That, in essence, is the question that the forum non conveniens doctrine tries to answer. Had it not been for the forum-selection clause, the claim would have been resolved in Tampa, Florida. The Bremen case, although it does have a forum non conveniens analysis, is better known for its holding that in cases where sophisticated parties engage in arms-length bargaining and select a forum in which to settle their disputes, the courts will not second-guess that selection unless there is fraud or unless one party has overwhelming bargaining power over the other.
The Co-Op is an agricultural cooperative that symptoms 7 days past ovulation order residronate 35mg on line, at the same time relevant here medicine 20th century discount residronate 35 mg without prescription, had approximately 23,000 members. Although the notes were uncollateralized and uninsured, they paid a variable rate of interest that was adjusted monthly to keep it higher than the rate paid by local financial institutions. The Co-Op offered the notes to both members and nonmembers, marketing the scheme as an "Investment Program. At the time of the filing, over 1,600 people held notes worth a total of $10 million. After the Co-Op filed for bankruptcy, petitioners, a class of holders of the notes, filed suit against Arthur Young & Co. Petitioners claimed that Arthur Young violated these principles in an effort to inflate the assets and net worth of the Co-Op. Petitioners prevailed at trial on both their federal and state claims, receiving a $6. A panel of the Eighth Circuit, agreeing with Arthur Young on both the state and federal issues, reversed. In defining the scope of the market that it wished to regulate, Congress painted with a broad brush. Congress therefore did not attempt precisely to cabin the scope of the Securities Acts. Rather, it enacted a definition of "security" sufficiently broad to encompass virtually any instrument that might be sold as an investment. Finally, we examine whether some factor such as the existence of another regulatory scheme significantly reduces the risk of the instrument, thereby rendering application of the Securities Acts unnecessary. What are the four factors the court uses to determine whether or not the transaction involves a security How does the definition of security in this case differ from the definition inSecurities & Exchange Commission v. It is undisputed that Dirks himself was a stranger to Equity Funding, with no preexisting fiduciary duty to its shareholders. He took no action, directly, or indirectly, that induced the shareholders or officers of Equity Funding to repose trust or confidence in him. Nor did Dirks misappropriate or illegally obtain the information about Equity Funding. Unless the insiders breached their Cady, Roberts duty to shareholders in disclosing the nonpublic information to Dirks, he breached no duty when he passed it on to investors as well as to the Wall Street Journal. In the absence of a breach of duty to shareholders by the insiders, there was no derivative breach by Dirks. Prior to the merger, Basic made three public statements denying it was involved in merger negotiations. The application of this materiality standard to preliminary merger discussions is not self-evident. Where, on the other hand, the event is contingent or speculative in nature, it is difficult to ascertain whether the "reasonable investor" would have considered the omitted information significant at the time. Merger negotiations, because of the everpresent possibility that the contemplated transaction will not be effectuated, fall into the latter category. Under such circumstances, materiality "will depend at any given time upon a balancing of both the indicated probability that the event will occur and the anticipated magnitude of the event in light of the totality of the company activity. Generally, in order to assess the probability that the event will occur, a factfinder will need to look to indicia of interest in the transactions at the highest corporate levels. Without attempting to catalog all such possible factors, we note by way of example that board resolutions, instructions to investment bankers, and actual negotiations between principals or their intermediaries may serve as indicia of interest. To assess the magnitude of the transaction to the issuer of the securities allegedly manipulated, a factfinder will need to consider such facts as the size of the two corporate entities and of the potential premiums over market value. No particular event or factor short of closing the transaction need to be either necessary or sufficient by itself to render merger discussions material. As we clarify today, materiality depends on the significance the reasonable investor would place on the withheld or misrepresented information.
Mycena cyanorrhiza has a cap 3-10mm across medications qt prolongation safe residronate 35mg, hemispherical medications borderline personality disorder order 35mg residronate free shipping, campanulate, sometimes slightly indented in centre, surface dull, smooth and finely pubescent, striate almost to centre, light grey-whitish to greybrownish; margin acute and slightly undulating regularly. Gills white to grey-whitish, broad and ventricose, 10-12, with 1(-3) lamellulae between each, abruptly adnexed to almost free, edges white and sometimes peelable as an elastic thread. Originating in the East Indies, nutmeg had spread to Europe by at least the Middle Ages, initially via Arabian traders, and was a highly valued commodity in the lucrative spice trade [which actually catered for the demand for narcotics, aphrodisiacs and medicines, rather than culinary uses]. The nut and its essential oil were well-known for their intoxicating properties, and have been used almost worldwide accordingly. Nutmeg became commonly used in Europe as a soporific, aphrodisiac and mild analgesic. In Tibet, it is inhaled, alone or with other herbs, to treat depression and other neurotic symptoms, anxiety, restlessness and palpitations. The Nkopo of Papua New Guinea use what was tentatively identified as a Myristica sp. Interestingly, in India, birds-of-paradise have been observed "becoming so intoxicated from the mere whiff of nutmeg that they finished up lying prone with ants crawling all over them" (Smullen 1989)! Medicinally, nutmeg in smaller amounts treats flatulence, nausea, indigestion, diarrhoea, and insomnia; it also stimulates the appetite, and is used sparingly in many sweet and savoury dishes. Sedative and weak analgesic effects have been demonstrated in animals (Grover et al. The nutmeg itself is stupefying in large doses, and can cause delirium, hallucinations, fainting, nausea, vomiting, severe abdominal pain, sweating, decreased body temperature and headache. Sometimes the toxic effects are exhibited during the inebriation, sometimes not until the next day; for a lucky few, not at all! Ground nutmeg is usually taken by swallowing 2-3 tablespoons [or 2-3 nutmegs] or more (pers. Blending the nutmeg into a cashew milkshake has been suggested as a good method, both for taste, and ease of ingestion. Responses may vary widely between individuals, and at different times, only partly due to chemical variation in the nutmegs. The side-effects stop most people from coming back, although some claim to obtain only positive effects and adopt it as a favourite substance (pers. Anecdotal evidence suggests that smoking nutmeg may be extremely destructive to the lungs (pers. Whole ground nutmeg, as noted above, can produce a variety of toxic effects in the doses required for psychoactivity. It appears that other compounds present in whole nutmeg contribute to the full spectrum of psychoactivity. Essential oils low in myristicin required much greater doses to reach the same level of effect; however, 20ml of one essential oil sample that was found to be low in both myristicin and safrole, taken internally, produced only the toxicity normally associated with whole ground nutmeg. Some of these toxic symptoms from the essential oil may be due to irritating effects from the terpene hydrocarbon fraction, which constitutes most of the essential oil. Humans given nutmeg devoid of essential oil experienced no psychoactivity (Shulgin et al. The phenylpropenes found in the aromatic ether fraction of the essential oil have been thought to contribute to most of the psychoactivity [as mentioned above], presumably by partial or full conversion by the liver to their respective psychotropic amphetamine counterparts through amination, though this has not been demonstrated in humans [see Chemical Index]. These constituents seem to work synergistically, having relatively little activity on their own (Braun & Kalbhen 1973; Oswald et al. To obtain optimum positive effects from eating nutmeg, it is suggested to eat the dose on an empty stomach, following this with a carbohydraterich meal 1hr later. If using the essential oil, 10-15 drops may be taken orally, though some experience no effects consuming the oil directly. Massaging the essential oil into calf-muscles [if intending to dance or run] seems to result in particularly good effects.
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