Civil Rights Law Articles

In the United States, the US Constitution's 4th Amendment provides protection for US citizens from unreasonable search and seizure.

The protection of consumer rights is one of the great responsibility of UAE Government. By availing these services the consumers can save their money and time through long court litigations while having cost effective and prompt justice for them through dispute resolution proceedings.

In the EU, the “right of access” to one’s personal data has existed for over a decade. The US, on the other hand, seemed to be moving in a vastly different direction.

In order to avoid the danger of assuming an inheritance that is still to be taxed, the heirs should have the estate thoroughly reviewed with respect to its notification requirement.

It is not unusual for creditors to find themselves in the situation where debtors do not acquit their liabilities towards them and consequently the existing claims against them have to be compulsorily enforced.

Though many people today take advantage of modern technology and record meetings or conversations for their own purposes or preservation, it would behoove them to know about the liabilities listed in the New Jersey Wiretapping and Electronic Surveillance Control Act.

The Federal Supreme Court has ruled in its recent judgment (BGH, judgment of 19.09.2012 - XII ZR 136/10) concerning the determination of a claim for compensation of marriage-related benefits.

The Federal Supreme Court has decided (judgment of 07/16/2012, case No.: ZR 55/11) that an early reappointment of directors of a corporation may be possible.

The Federal Constitutional Court has ruled that the preference of spouses to registered partners for tax purposes violates the constitution.

The Federal Supreme Court has ruled in its recent judgment (BGH, judgment of 19.09.2012 - XII ZR 136/10) concerning the determination of a claim for compensation of marriage-related benefits.

The law of foreclosure provides creditors a lot of ways to enforce their claims against the debtor. Garnishment (the seizure of assets) is one of the most popular among them.

Those, who watch the real estate market, may note that after the crisis of recent years, new buildings began to appear in Kyiv again as rapidly as mushrooms after rain. The construction industry is slowly recovering and hopes to go beyond the 3% of the Ukrainian GDP.

The Higher Regional Court in Hamm has ruled: a will is usually deemed invalid when it has been prepared with the help of transcripts produced by third parties.

All the heirs are advised to check carefully whether an inheritance could fully or partially consist of so called black money.

The State Court of Tubingen has ruled that an online encyclopaedia falls within the scope of the freedom of the media in case of publication of articles about individuals.

Whether the candidate has eventually been prosecuted or not, is irrelevant both to the current interview and the potential future employer.

According to the transparency requirement it is illegal to formulate incomprehensibly clauses of labour contracts regarding voluntary additional payments by the employer.

Trademarks allow the proprietor to distinguish different product identifications from each other. This is why trademarks play a very important role in everyday life.

The director of a limited company has to make sure to have an extensive overview of the economic and financial situation of the company. Otherwise, he is not able to assume his responsibilities properly. This is evident from the recent judgment of the German Federal Supreme Court (BGH, II Reference Number 243/11 of the 19.06.2012).

In general a will in the original characterizes a valid proof of inheritance of a property. However, in individual cases it should be also possible to use a photocopy of the testament as a proof. This was decided lately by the Naumburg Higher Regional Court at the 3/29/2012 (Case No.: 2 Wx 60/11).

According to the transparency requirement set forth in § 305c p. 1 of the Federal Legislation of Germany (BGB), it is illegal to express ambiguously provisions of labour contracts regarding voluntary extra payments by the employer.

Ltd. companies can be accountable for bad investment guidance through a business with a similar name.

As a rule, a will in the original represents a valid proof of inheritance of a property. In individual cases, however, according to the Naumburg Higher Regional Court’s recent decision of 29.03.2012 (Case No.: 2 Wx 60/11), even a photocopy of the will may be deemed sufficient to prove the heir’s rights.

Bequest claims might expire at the conclusion of the year, because of legislation alteration of acquiescence using the inheritance reform. The actual inheritance reform by the new year has evolved. The particular issue and its rules could show its side effects the very first time this current year.

If for example, the main priority of a community trademark over a national trade mark is in question, the day of registration is applicable. The precise time of the brand registration should not be assessed.

When granting publishers exclusive rights, the photo-artist does not always lose the right to use individual photos of a series.

Heirs of tax evaders can eventually face prosecution, as lately tax investigation is more and more concerned about tax evasion.

According to the German Civil Code (BGB), at the moment of the company transfer the new company owner takes over the rights and obligations that result from the existing labour relations.

Even inheritors of tax evaders should eventually take criminal prosecution against them in account, since more and more tax investigations due to fiscal fraud were lately brought to light.

The Trayvon Martin case in Florida has received national attention on the Stand Your Ground law and now many states that have the Stand Your Ground law in place are looking at their current legislation regarding the Stand Your Ground law. However, the Stand Your Ground law has a rational basis and dates years back. This is a discussion on investigating self defense cases under the Stand Your Ground statutes.

In its Judgment of the 04.07.2012, the German Federal Finance Court (BFH) determined that the final income taxes to be paid by the legatee, in his quality as universal successor, on behalf of the legator on the year of the latter’s death, is a liability deductible of the legacy according to § 10 section 5 Nr. 1 of the German Inheritance Tax Law.

In its Judgment of the 04.07.2012, the German Federal Finance Court (BFH) determined that the final income taxes to be paid by the legatee, in his quality as universal successor, on behalf of the legator on the year of the latter’s death, is a liability deductible of the legacy according to § 10 section 5 Nr. 1 of the German Inheritance Tax Law.

Herzeine Inlandsch Reglement ("HIR") and Reglement Buiten Govesten ("RBg") do not regulate the provisions of changing of claim. The legal basis for changing of claim is regulated under Article 127 Reglement op de Rechsvordering ("Rv").

Exception, in Civil Procedural Law context, has the meaning as an objection. Exception can also be defined as a defense (plea) proposed by the defendant against the plaintiff’s claim.

Certain rights to indemnification could prescribe with the year’s end. Such a negative prescription would have extensive consequences on the creditor. If the prescription of rights has entered into effect, the debtor can refuse payment. Thus, rights to indemnification can become unenforceable by the creditor.

Inheritance claims may expire at the end of the year, due to a law change in accordance with the inheritance reform. The inheritance reform from 2010 has changed the limitation rules and could show its effects for the first time this year.

Attorneys and Disabled Clients - What Attorneys Need to Know When Setting Up The Initial Appointment - What attorneys need to know when working with disabled clients in Nashville, Tennessee and throughout the United States: Your law office just received a phone call from a deaf or hearing-impaired potential client. The potential-client is requesting a meeting to retain your services. The potential-client has also requested that you provide an interpreter for the meeting.

Service providers in the mobile and ICT sectors are currently calling for a review of the existing EU level framework concerning the protection of personal data. They have pointed out that the 2002 “ePrivacy Directive” and the newly proposed “Data Protection Regulation”, if left as they are, would create discrepancies in data protection standards that would be detrimental to industry, consumer and operator alike.

The aim of present article is to explain the specifics and the organization of the Bulgarian judicial system in regards to the civil claims. It does not concern the criminal and administrative cases. The judicial system in Bulgaria includes the following courts: • District Courts; • Regional Courts /Court of Appeal; and • Supreme Court of Cassation.

Up until recently, Skechers, USA has been profiting tremendously from the toning shoe craze that hit U.S. markets. With an estimated $10 million in sales from 2011 alone, the leading toning shoe manufacturer made billions in profit from the sale of potentially dangerous shoes.

This is an article on Nigerian Constitution. - From the inception of its current Constitution in 1999, Nigeria has been in search of a new one to put its federal system and general governmental structures in a more satisfactory form. The country was on the verge of complete disintegration when General Sani Abacha suddenly died on June 8, 1998, thus ending his five years of brutal and nihilist dictatorship.

This Q&A provides an analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and clients in respect of Corporate Immigration in Mozambique. This article is reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Corporate Immigration 2013, (published in August 2012; contributing editor: Julia Onslow-Cole of PwC Legal).

In the wake of Apple’s recent announcement of the iPhone 5, the Brussels based consumer standardisation group ANEC has expressed its “dismay” at Apple’s decision to market its new product with yet another new “stand-alone” piece of technology.

Under a “no-fault” attendance policy, an employee accrues one point per absence, regardless of the reason for the absence. After an employee accumulates a pre-designated number of absences, the employee is usually subject to increasing levels of discipline (a “progressive disciplinary policy”), ending with termination.

On the 20th of July, Boston mayor Thomas Menino sent Dan Cathy, President of Chick-Fil-A, a strongly worded letter discouraging him from expanding his enterprise into his city. Proponents of both figures hastily emerged to voice their opinions on this issue. It seems that the scale ultimately tipped in favor of Cathy, as evidenced in Chick-Fil-A’s record breaking sales in the aftermath known as “appreciation day.”

This article explains the Florida statutes that dictate an individual’s consequences if he/she is arrested during a protest or demonstration. When you’re in a crowd for a political, religious, or social gathering, your actions will be strictly observed and judged by the police. While this differential treatment is necessary for law enforcement to maintain control, their demands may seem ridiculous or irrational, causing many to disregard them.

Clients who were convicted of a felony often ask the attorneys at the Law Office of Randolph H. Wolf about their right to vote. In the United States, conviction of a felony carries collateral civil consequences apart from penal sanctions such as fines or incarceration. Thus, offenders may lose the right to vote, to serve on a jury, or to hold public office, among other things.

In a civil case, there are two parties as the plaintiff and defendant. If the plaintiff feels disadvantaged, then he/she would make the claim letter which is registered to the authorized local district court and by the district court, it would be sent to defendant. In the matter of the claim letter which has been registered by plaintiff, then the plaintiff may perform the amendment of claim.

Exception, in Civil Procedural Law context, is defined as objection. Exception can also be defined as defense (plea) proposed by the defendant against the plaintiff’s lawsuits material. However, the objection which is proposed in the form of exception is aimed on the formality requirement of a lawsuit, for example, if the lawsuit has a defect or formal violation which can cause the lawsuits tobe unlawful.

Full Article - Title VII of the Civil Rights Act and many state-level anti-discrimination and sexual harassment statutes prohibit sexual harassment in the workplace. There are two common types of sexual harassment: quid pro quo harassment and hostile work environment.

Probable cause is necessary in an arrest and conviction, keeping law enforcement accountable and unable to arrest just anyone. Regardless of this restriction, many people are wrongfully taken into custody and some of them even found guilty.

When a married couple decides to separate, they will be required to make numerous decisions regarding their future lives apart from one another. Some of the most highly contested decisions involve the division of property and the spousal maintenance that one spouse pays to the other. These decisions can become so heated that spouses have been known to use every bit of information to gain an advantage over the other.

A class action lawsuit is brought collectively by a large number of people who harbor the same legal complaint against the same defendant. Products liability is a common area in which class action lawsuits are commenced. In general, you don’t have to “join” a class action lawsuit to participate.

The aftermath of the 1974 occupation by Turkey of the northern part of Cyprus and subsequent division of the island is still keenly felt by citizens of both the Republic of Cyprus in the south and the Turkish Republic of Northern Cyprus (TRNC) in the North.

Pursuant to article 20 of the Malta Financial Services Authority Act (Chapter 330 of the Laws of Malta), the MFSA is required to appoint a Consumer Complaints Manager (“CCM”) empowered to investigate complaints from private consumers (as opposed to companies or enterprises) in connection with any financial services transaction involving a financial entity regulated by the MFSA...

One fact is that women are five times more likely to get osteoporosis than men. Physicians know there is no way to stop osteoporosis or to cure osteoporosis. Physicians do know that their patients can slow down this process by taking enough calcium, vitamin D, exercising, not smoking and limiting alcohol intake to no more than one glass per day.

You have undoubtedly heard the old axiom "Life's not fair." We all know that it's true. We would like to believe that on some level, things even out and that as society progresses, things will get fairer. Maybe it will someday. But, that day is not today as most LGBT couples know all too well.

Regulation of social media from a global prospective. Jan Dhont comments on transatlantic differences. Social media policies attempt to grapple with the impact that employee conduct online may have on the reputation, business interests, and legal obligations of an organization. They do this by guiding employees on appropriate online behavior and prohibiting certain conduct.

In the workplace, there are several different types of discrimination which employees could have to deal with. From age to pregnancy to religion to gender, employees could receive lower wages, be passed over for promotions, or be wrongfully terminated based on these issues.

Florida Statutes (2011) §§559.55-559.785, also known as the Florida Consumer Collections Practices Act, is designed to help protect consumers from illegal practices by collection agencies. Those who violate these laws could be held criminally as well as civilly responsible.

Dominican Republic has best legal framework for the Foreign Investment - Legal System - The Constitution of the Dominican Republic defines the government system as being democratic, republican and presidential. It also provides that the exercise of power is divided among three independent branches: executive, legislative and judicial.

Constitutional Law - International Passport: Power of Minister of Internal Affairs - Constitutional Law - Fundamental Human Rights: Extent of the powers of State Security Service - Constitutional Law - Fundamental Human Right: Freedom of Movement - Right of Nigerian Citizen to hold International Passport: Whether Absolute. The Supreme Court: Whither the Principles:

Two Privileges Protecting the Husband-Wife Relationship: Confidential Communications and Refusal to Testify in Criminal Proceedings - As we pointed out in a 2008 post, there are two marital/spousal privileges in Texas: the confidential communication privilege as defined by Rule 504(a) and the privilege not to testify in a criminal trial as defined by Rule 504(b) of the Texas Rules of Evidence.

Writing in the Pittsburgh Law Review, University of California Law Professor Edward J. Inwinkelried discussed in detail the history and legal parameters of evidentiary privileges. He opened his treatise with this observation: “From society’s perspective, the rules governing privileged communications, such as those between a client and his or her attorney are arguably the most important doctrines in evidence law.”

This article is an overview of the Minnesota Human Rights Act. The reader will learn about protected areas covered by this law and what actions are deemed unlawful. When the concept of civil rights is brought up, most people tend to think of broad, historical events like the civil rights movement, women's suffrage, and the Rodney King riots.

Criminal Charges against Veterans who complete the Rhode Island Veterans Diversion Program are dismissed. The program itself is therapeutic, including confidential therapy and counseling. The Rhode Island Veterans Diversion Program is State wide and is available to all Rhode Island Veterans who are charged with criminal misdemeanors.

With even the President of the United States openly supporting the rights of same-sex couples to marry the future looks brighter than ever for gay couples who want to enter into a legal marriage. For now, however, statistics tell us that as many as one million same-sex couples in America continue to struggle with providing similar rights and protections to their partner that a traditional marriage provides when it comes to estate planning.

At sentencing, the judge indicated that he believed the defendant, yet because of mandatory minimum sentencing, he was obligated to sentence him to serve time behind bars anyway. A 45-year-old tow truck operator, searching for adult pornography on the Internet, claimed to have accidentally stumbled on a site linked to child pornography. The man then made a big mistake: he unintentionally downloaded 25 images of child pornography onto his home computer.

The Brady Rule requires prosecutors to disclose any evidence they discover that is favorable to the defendant – but all too often, prosecutors fail to comply, citing their duty to zealously prosecute the alleged crime. In a criminal case, prosecutors have enormous resources available, including police investigators to conduct in-depth interviews and research, extensive databases, and facilities and staff to analyze evidence with sophisticated (but not infallible) laboratory testing and analysis.

The U.S. Supreme Court, which will soon rule on whether sentencing young offenders to life without parole is cruel and unusual punishment, in violation of the Eighth Amendment. Baltimore residents may recall the headlines when, in 1999, a 14-year-old youth participated in a video store robbery in which one of the other robbers shot and killed the store clerk.

In January, Pepsi Beverages entered into a pre-litigation settlement of $3.13 million to resolve race discrimination charges that were filed with the Minneapolis EEOC. Through its investigation, the EEOC found reasonable cause that the criminal background check policy previously utilized by Pepsi had an adverse impact African Americans based on their race, in violation of Title VII.

The U.S. Court of Appeals, in its published opinion, Warren v. Sessoms & Rogers, P.A., No. 10-2105, 2012 WL 76053 (4th Cir. Jan. 11, 2012), analyzes the materiality and knowledge requirements under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. The decision is significant for consumer attorneys, as it involves an interpretation in favor of consumers by a court that has a conservative reputation.

Maryland - May 18, 2012 - A new story recently emerged in the heated debate over gay marriage. Last week, Maryland's highest court held that courts in that state must apply divorce laws equally, and grant a divorce, for gay marriages that were legally formed in another state.

In an intense, heated basketball game, it is expected from players of both teams to express their emotions. It is considered normal for a player to express frustration on a referee’s call which he believes is contestable. In some instances, a player from the opposing team may instead keep mum whenever a heckling fan of the home team annoys him.

The Nigerian Constitution.

Under Italian law extradition is regulated by Law and international conventions. In general, extradition is the process whereby one nation or state (the requested state) surrenders a suspected or convicted criminal to another nation or state (the requesting state).

Has a stockbroker or financial advisor misled you, recommending a product or investment that proved to be unsafe or not suitable for you? A skilled securities fraud attorney understands these often complex issues, and will work to recover your losses.

Can my deposit be used for my last months rental and other obligations to the landlord?

Is it true that my tenant can in terms of the Consumer Protection Act (“CPA”) now cancel the lease by giving 20 business days’ notice, even if it is in the initial fixed term of the lease?

If you are in prison or headed for prison, make sure you know your rights. Unfortunately, prison officials are sometimes abusive and may interfere with your rights as a human being and a citizen of the United States. If you feel that your rights have been violated, contact an Atlanta criminal lawyer or the Atlanta branch of the American Civil Liberties Union to help you get your rights addressed.

In late January, the U.S. Supreme Court unanimously ruled to restrict law enforcement’s ability to use GPS tracking devices to follow the whereabouts of those suspected of crimes. The case represented an early test of the right-to-privacy in light of developing tracking technology.

This article outlines the basics of Maryland consumer protection law. The reader will understand how to effectively advise the client at the initial consultation. The Maryland Consumer Protection Act (CPA) is codified at Md. Code, Com. Law § 13-101 et seq. The CPA is very broad, and covers virtually any form of fraud that a business might commit or attempt against a consumer.

Pragmantic implications, applications & construction of the triplet provisions of section 143, 144 and 145 of the 1999 constitution vis a vis Nigerian constitutional democracy. - By Kayode Ajulo*

1. Introduction and Conceptual Clarifications - Human Rights - To give a generally accepted definition may be difficult to grasp but the whole idea of the concept is well known. Human rights are commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because he or she is a human being.

We’ve all heard the phrase “taking the Fifth.” A defendant in a criminal defense TV drama takes the Fifth in answer to a question as his Atlanta criminal lawyer glances from the stand. A friend jokes that she’s going to take the Fifth about what she was doing last night because her partner would be upset. But what does “taking the Fifth” mean?

Over the last year, the Ninth Circuit and more than one California Court of Appeal have ruled on the constitutionality of California’s law directing police to collect DNA from an arrestee. In a First Appellate District Court of Appeal decision in California, People v. Buza (2011 DJDAR 11741), the court reversed Buza’s misdemeanor conviction for refusing to provide a DNA sample.

A 68-year-old California woman is claiming to have suffered the injurious consequences of abuse while in a nursing home and has filed a lawsuit against the Orange County care provider. The woman, a retired preschool teacher, claims she was drugged in an attempt to restrain her so the nursing home could begin collecting her social security check. An attorney explains the laws the nursing home may have violated.

It can be tricky to separate law from politics. Some politicians claim sincerely to believe that any Act passed by the Scottish Parliament which provided for the holding of a referendum on Scottish independence would be unlawful. Some lawyers claim to agree with them. In Scotland, we are living in exciting times and the politics may be genuinely intriguing but is the law not actually, and drily, beyond any real debate?

Someone uses your credit card to charge a Caribbean vacation. Or accesses your bank account and drains it of funds. Or uses your ID while committing a crime. Identity theft refers to a broad range of crimes, including misuse of your financial information, name, Social Security Number and reputation. Identity—it’s more than your name, it’s life as you know it.

It is a criminal offense, under Nigerian law, for any person to commit, threaten, promote, fund, assist or facilitate any act preparatory to or in furtherance of, or the actual execution of any act(s) of terrorism. It is also a criminal offense for any person or group of persons to seize, detain or attempt to seize or detain, or threaten to kill or injure another person (or property) as a basis to induce the release of a terrorist.

Due process of law rights of government contractors who are denied work or public bidding rights due to “de facto debarment“ from federal, state or local government bidding or public contracting for alleged unethical conduct or due to bid or bidder non-responsibility determinations by a public agency on a government contract.

Police in Orange County and throughout California have a long history of respected service but also of problems involving misconduct, including excessive force causing injury or death. Understanding the rights and limitations on police officers is important. An attorney examines cases that recently occurred in the state to determine whether misconduct occurred and discuss the laws.

If you are arrested by the police, you are entitled to certain rights and liberties, no matter what you are being charged with or accused of doing. The code that outlines criminal rights in Florida stipulates that certain and specific procedures must be followed by law enforcement agents when you are arrested or taken into custody. Among those, the Miranda rights feature prominently.

Following a seemingly worldwide internet protest on the 18th of January 2012, support for the controversial ‘Stop Online Piracy Act’ (SOPA) and ‘Protect Intellectual Property Act’ (PIPA) stalled abruptly as eight members of Congress withdrew their support for the bills.

In Los Angeles, a lesbian couple has filed a lawsuit against the proprietor of a bed and breakfast in Hawaii, alleging they personally suffered injurious consequences as a result of the discrimination to which they were subjected due to their sexual orientation. The owner of the establishment claims her actions were protected under her First Amendment right to religious freedom. A lawyer examines whether there are limits to religious freedom concerning discrimination based on sexual orientation.

This article addresses the “paradox between peace and justice” that has emerged in discussions about the relationship between the International Criminal Court [ICC] and traditional forms of justice, namely the Acholi tradition of "Mato Oput" in Uganda. While its sees the merit of using a traditional system this article also points out the potential danger of using these mechanisms as an excuse to avoid moral and legal accountability.

Most township officials are aware of the importance of complying with the Freedom of Information Act (FOIA). Like a number of other areas of law, compliance with such a statute has become increasingly complex as a result of shifting interpretations by the courts. Learn more about the cases that have had an effect on the interpretation of the act in recent years.

The Los Angeles, California Metropolitan Authority (MTA) obtains funding from the federal government to provide its services. As such, it is required to comply with antidiscrimination provisions found in Title VI of the Civil Rights Act of 1964. A recent federal audit of the MTA suggests that it is not in compliance with the law, the impact of which has been felt on a personal level among local riders and civil rights groups, explains an attorney in California.

Unfortunately, many complaints filed by consumers alleging deceptive trade practices or illegal contracts involve senior citizens.

The article examines the relation between Church and the State in the Democratic Republic of Congo, and to what extent those relations conflict with the right to freedom of religion or with secularism principle.