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Civil Rights

Civilrights, which include the right to vote, right to equality, freedom from involuntary servitude, and freedom of speech, press, assembly,is an enforceable right. Only when it is trampled upon that a person may seek redress. Civil rights law protects and preserves the liberties enjoyed by all citizens in the United States. Civil rights law also protects individuals from government conduct, which are arbitrary and which deprive individuals of their lives or property without due process of law.

The Bill of Rights in the U.S. Constitution is the primary source of civil rights law. The most important expansions of civil rights inthe United States are embodied in the Thirteenth Amendment, which abolished slavery throughout the nation, and the Fourteenth Amendment, which constitutionalizes due process of law and equalprotection of the law. The decades that followed the enactment of theThirteenth Amendment and Fourteenth Amendment saw the creation of numerous civil rights statues, most of which are still in place in the United States.

Congress passed into law the Civil Rights Act of 1964, which prohibits discrimination in public establishments connected to interstate commerce or are supported by the state. The Act defined public establishments to include places of public accommodations, restaurants, gas stations, bars, and places of entertainment. Subsequent legislation prohibited discrimination in public schools and colleges, and in federally funded problems. The Act further expanded to prohibiting discrimination in the workplace.

The Supreme Court's decisions in civil rights cases have resoundingeffects as to how civil rights are recognized throughout the nation.Supreme Court decisions also has a huge influence on how Congressenact civil rights laws and how states protect these rights.

One of main issues arising from civil rights violations is discriminationin workplace, especially with regards to gender, are common. Women,increasingly members of the LGBT community, are susceptible to sexualharassment and suffers undue disadvantage in career promotionsbecause of gender.

Another common issue is the improper conduct by law enforcement resulting toexcessive force or brutality, illegal searches and seizures, falsearrests, and unjustified police shootings. Power play often figures in lawsuits arising from police brutality, as the police or the federal government would typically argue that their act was on behalfof their duty to maintain peace and order. These lawsuits are also often emotional as surviving members of the victim's family try to seek justice for individuals killed by the police. Most often, these lawsuits are also politically charged especially in cases where race or ethnicity play a role in the police conduct.

In addition, another main issue arising from civil rights violation is malicious prosecution. As new technology are developed to probe evidence, many individuals across the nation are filing lawsuits seeking redress of their wrongful conviction. These cases involve large settlements and jury awards and would need skillful litigating tactics of a civil rights attorney. Another common abuse to civilrights is prison brutality. In recent years, inmates have gained stronger voices in telling courts of inhumane and cruel practices incorrectional facilities. Inmates, however, cannot keep a steady voice without a civil rights attorney who is ready to fight against the government.

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Foreclosure Law - Legal Information and Resources
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Foreclosure Law

A deluge of defaults in mortgages several years ago led to an unexpected financial crisis. The foreclosure of one's home, especially if it is a first home or an only home, is not just a pain in the pocket but also a pain in the heart. Many individuals who faced foreclosure of homes sought protection under bankruptcy to help them evade, or, in the least, delay the possibility of homelessness.

Foreclosure law is mainly controlled by state law. This means that each state has laid out different rules and regulations governing the process by which a mortgage lender, usually a bank, takes possession of a home and sells that home when the homeowner cannot pay the loan. Though the law and the procedures governing foreclosure varies in each state, the end result is the same: the borrower loses his or her to the home. A foreclosure proceeding begins when an individual borrows money to purchase a home or to renovate a home. The lender, usually a bank, makes the borrower sign a mortgage document stating that the bank has a lien in the home. This means that if the borrower cannot pay the loan, the bank will have the right to take the home and sell it to pay for the loan. A mortgage document is an agreement that the home will serve as the collateral of the loan.

A home is probably the most important purchase an individual will make in his or her lifetime. A home signifies an elevation in status or security. It is thus imperative that a home buyer know the different laws that would accompany when taking out a loan to buy the house. Banks and financial institutions are helpful when it comes to assisting the home buyer in securing the loan. There are also government agencies that would assist individuals when buying a home. There are, however, nuances in the law that would need the expertise of an attorney.

For instance, when the borrower defaults, foreclosure may not be necessary, especially when an attorney knows the best way to deal with the situation. Foreclosure is a lengthy and costly proceeding, thus lenders do their best to make sure borrowers pay on time. At the end of each foreclosure proceeding, the borrower loses his or her home. Foreclosure can be avoided with the help of expert foreclosure law attorneys. One of the ways to avoid foreclosure would be for the borrower to pay the loan amount in full, extinguishing the mortgage. Another way to avoid foreclosure would be for the borrower to pay only the missed payments and penalties, often in the form of interest, reinstating the loan.

Paying, however, is most often not an option for borrowers as the lack of funds is precisely the reason why they missed payments in the first place. The borrower may still avoid foreclosure by asking for a forbearance from the bank. This means the bank will temporarily halt the payments for a certain period of time before the borrower resumes payment. This option depends on the current situation of the borrower. Some banks are lenient and would likely forego payment of penalties for borrowers who are out of work. In addition, foreclosure law attorneys can help borrowers obtain a change of the terms of their loans. Modifications include extending the payment period, reducing the principal amount, or interest. Foreclosure law attorneys can also help borrowers seek subsidies from government programs.

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