Civil Rights Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Civil Rights.
The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by agents of the government. This does not mean that individuals are free from all searches and seizures, but only that they are protected from “unreasonable” ones.
While many Americans know that they have a right to free speech, the lay opinion often views the degree of protection afforded by the United State Constitution as much broader than it is in reality. The First Amendment does not protect all types of speech.
While many people associate the Fifth Amendment with not incriminating themselves, there are other important aspects of this Amendment to the United States Constitution. This Amendment provides a number of important rights.
January 4, 2015 By HG.org
Before a court can have jurisdiction over a defendant, the plaintiff must serve him or her with the legal documents that show that a legal action is pending against him or her. Here are a few ways that you may be able to use to locate the other party and to ultimately have him or her served.
January 4, 2015 By HG.org
In order for a plaintiff to proceed with a case, he or she must notify the defendant of a pending action against him or her. Through service of process, the defendant can receive this important information.
December 30, 2014 By GRP Rainer LLP
The finance ministers of the G20 are continuing to expedite the fight against tax evasion. Account data is rapidly set to be automatically exchanged among them.
December 17, 2014 By GRP Rainer LLP
Voluntary declarations leading to immunity serve as an incentive to return to a state of legal tax affairs, yet they will only succeed if they are error-free.
A New Procedure for Notifying the Federal Migration Service in Russia on Attracting and Using Highly Qualified Specialists
December 15, 2014 By Levine Bridge Law Firm
From 1 January 2015, the procedure for notifying authorities about attracting and using highly qualified specialists will be changed.
December 14, 2014 By HG.org
The United States Constitution provides protection for individuals from illegal searches and seizures. Whether a search is constitutional depends on the particular circumstances of the case.
December 12, 2014 By Cindemir Law Office
Paternity Suits in Turkey under Turkish Family Law. Results of Paternity suits will enable the mother to request financial support from the father.
December 12, 2014 By GRP Rainer LLP
The state looks to profit even from gifts, levying gift tax as soon as the tax allowance is exceeded. There are, however, different possible arrangements in connection with gift tax.
December 8, 2014 By GRP Rainer LLP
For many people, tax law is a closed book. Expert help is frequently necessary in order to pay taxes correctly and at the same time avoid giving away too much money.
December 4, 2014 By GRP Rainer LLP
On September 24, the federal government adopted a tightening of the rules for voluntary disclosure in the event of tax evasion. Amounts shall only remain unpunished up to 25,000 EUR.
Risk Of Discovery Continues To Increase – Return To A State Of Legal Tax Affairs Via Voluntary Declaration
December 3, 2014 By GRP Rainer LLP
Owing to so-called group enquiries, German tax investigators are able to retroactively search for tax evaders in Switzerland up to February 1, 2013.
Russian President Vladimir Putin signed a federal law limiting the participation of foreigners in the Russian media.
The Deputy Minister of Labor, Migration and youth of Kyrgyzstan proposed a simplified procedure in Russia, Belarus and Kazakhstan for citizens of Kyrgyzstan.
According to a bill signed by the President of the Russian Federation, foreign citizens of countries in the Eurasian Economic Union will be able to receive a pension in Russia.
Currently, the Moscow City Duma is considering a bill to increase the value of the patent (the size of the tax on personal income, charged monthly) to 4,000 rubles.
December 2, 2014 By GRP Rainer LLP
Anyone coming into an inheritance generally has to pay inheritance tax. However, by observing certain regulations, they can ensure that the tax authorities take a smaller share.
December 1, 2014 By Law Offices of Kenneth Hiller, PLLC
Most lemon laws apply to dealers only, not to private sellers. Because of this some unscrupulous dealers attempt to sidestep the laws altogether by using a system called curbstoning.
November 17, 2014 By Kassouni Law
A question of free market vs. government over-regulation to address the issue of environmental sustainability.
November 17, 2014 By Advocate Md Mahmudul Hasan and Associates
Immigration laws are very important factor for the developing countries who used to export manpower to developed countries. In the developed countries, the immigration practices are handled by skilled lawyers but unfortunately in Bangladesh it is mainly handled by brokers,agents, Travel Agencies and illiterate people. That is why the applicants are not getting proper legal advice and facing serious problems as well as harassment regarding Immigration matters.
November 5, 2014 By Levine Bridge Law Firm
As of August 27th, apartment owners are required to notify the relevant departments of the FMS not only about foreigners living in the apartment, but also about citizens of the Russian Federation living in the apartment, in the event their period of stay in the apartment exceeds 90 day.
Trading in your old car to help pay for a new one at the dealership may seem like a good way to shave off the cost of a new car. However, not all trade-in transactions are handled in an honest manner, and this can lead to unfortunate results for consumers.
Five points you should know about breach of trust before you accuse somebody
It is not a secret that an average childbearing age in the developed countries has significantly increased. Many people in developed countries live for a long time "for him(her)self" and start thinking about children only at the age of 40. And if such an age is not a problem for a man, a woman, even with modern medicine, may have some difficulties with the childbirth. In most cases the surrogacy is the only way.
Partnerships between agents and principals in agency relationships don’t always go smoothly. In this case, a dispute arose between a travel agent and a travel operator related to ‘price manipulation’.
At times, a criminal defendant may find that he or she is not satisfied with the attorney that was hired for one reason or another. Generally speaking, a defendant who has been appointed a public defender or who hired a private attorney can fire the original attorney and hire a new private attorney when he or she wants to do so. Usually, the defendant does not need court approval in order to take this action. However, there may be consequences to taking this action.
If someone has evaded taxes and would like to submit an amended tax return leading to immunity from punishment, they should have sufficient liquidity. The tax liability must be discharged within a short timescale.
While many criminal defendants decide to plead guilty early in the process in order to save time or to get a deal with the prosecutor, there are many times when it is reasonable to consult with a criminal defense lawyer. If one of the following applies to you, consider speaking with a criminal defense lawyer.
If you have been injured in another accident that was caused by another party, you may be able to pursue a civil lawsuit against the responsible party. However, a lawyer may evaluate certain factors of your case to determine whether or not to take your case.
Most people do not anticipate that they will need an attorney and as such do not save for such an expensive need. While many lawyers charge hundreds of dollars per hour for their services, there are a few options available for individuals who are unable to pay for an attorney.
Whether a life insurance policy can still be cancelled years later depends to a large extent on whether the policyholder’s possibilities of cancellation were properly explained to him.
World trade, important for merchant shipping and thus also those investing in ship funds, appears to be losing momentum. This is demonstrated by the current figures.
By Donovan & Ho
The Malaysian Personal Data Protection Act 2010 (“the Act”) came into force on 15 November 2013. With it, businesses in Malaysia are now faced with additional responsibilities and requirements when it comes to dealing with personal data of their employees, suppliers, and customers. This article summarizes the key issues to note under the Act.
When purchasing a product in terms of the Maltese Consumer Affairs Act, consumers have clear-cut legal rights. The warranty provided by the supplier or the manufacturer cannot curtail or negatively affect the consumer’s rights.
In the case of larger transactions, including in particular the acquisition of companies, shares in companies or investment property such as real estate, a careful risk assessment is indispensable. This kind of due diligence review provides all the relevant information for the planned purchase.
Injured victims of crime can use civil lawsuits to seek justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives.
A strict Voter ID law was struck down in Wisconsin, just as Virginia prepares to implement its own similar law.
California education employment codes found unconstitutional. Tenure struck down.
By STA Law Firm
The UAE Competition law published in October 2012 and aims at regulating business and trading entities operating within the United Arab Emirates. The Competition law safeguards rights and interests of consumers at large and also aims at maintaining market sentiments.
I rose to shake hands with my client and asked her to sit down. You see, at first I didn’t recognize her. It was only when I glanced down at her hand and saw the ring that I knew it was she. An old and now estranged friend had given it to her.
The Rulings of the Protection of Personal Data Information Law were enacted on March 5th, 2013, which entered into force on the same date. This new regulation pretends to ensure the implementation of the above-mentioned law, by assigning the “Agencia de Protección de Datos de los Habitantes (PRODHAB)” as the competent authority to hear complaints, being responsible for implementing this new liability regime.
On the 13th May 2014 the Norwegian Consumer Council lodged a complaint against Apple with Norway’s Consumer Ombudsman. According to the complaint, Apple’s iCloud service violates European consumer law by allowing Apple to change its terms and conditions at any time without giving notice to its customers.
The payment of the cheque (check in American English) should not be conditional. Whereas, if the payment of the cheque was related to some conditions, and those conditions were not fulfilled, the cheque will still remain due on its date
Cheque (Check in American English) is a replacement for money. It is one of the most common methods to execute payments especially in commercial transactions. Since a cheque is meant to replace money, people must have trust in it. Therefore the UAE penal law levied a punishment against anyone issuing insufficient funds its due date. Such a crime is known as the bounce cheque crime.
The Change Of Company Object Of A GmbH (limited liability company) Can Be Considered A Re-establishment
On 03.06.2012, the Federal Supreme Court (BGH) held that the resumption of business operations associated with a new company object should be classified as an economic re-establishment. This must be disclosed to the court of registration; otherwise liability was likely to arise.
Since coming into effect in the year 2000, the Labour Court Acceleration Act changed procedural rules of the Labour Court Act, but also set down an important new provision in substantive labour law. Its goal is to simplify and speed up labour court proceedings.
Trade agents contractual commission regulations can be ineffective if they are contradictory according to § 307 para. 1 sentence 2 BGB (Federal code of law).
Prospectuses on investment opportunities are designed to provide investors with essential information for their investment decisions. Therefore, the prospectus must fully and accurately inform potential investors or purchasers about all circumstances of the offered investment model that are relevant or may be essential to his or her decision. In the case of negligence, improper or fraudulent misrepresentation in a prospectus, liability for the prospectus might arise.
In this present case the Federal Court of Justice of Germany was concerned with the question of the shareholders’ liability in a GmbH in case of an economic re-establishment.
Two-person Ltd Liability Company: Requirements for the Dismissal of One of the Two Managing Partners
An important reason for dismissal and immediate termination of the service contract of managing directors of limited liability companies who are shareholders is given when the relationship between the two directors is profoundly disrupted and a normal cooperation is no longer possible. Prerequisite is that the managing director to be dismissed has significantly contributed to the discord. The fault or even preponderant fault of said director is not required.
When a federal judge ruled that a voter ID law citing it violated the U.S. Constitution’s guarantee of equal protection, they upheld the rights of all in the face of political motives.
A common law system (one where previous court opinions define the meaning of the law) can be very useful. It can also result in some rather bizarre arguments being taken seriously, and even garnering the support of some members of the Supreme Court. Case in point: the plaintiffs position in Schuette v BAMN which the Supreme Court decided this week.
Trade agents contractual commission regulations can be ineffective according to § 307 para. 1 sentence 2 BGB (Federal code of law) if they are contradictory.
In the wake of new turmoil in eastern regions of Ukraine, the European Union has decided to expand the list of sanctioned persons subject to a freezing of their assets. Irrespective of a number of exemptions provided for in the relevant EU Regulations, the sanctioned persons have the possibility of challenging the freezing measures before the EU Courts in Luxembourg.
In terms of the overall responsibility, a managing director is also liable for the income tax of employed workers that is not paid to the tax office.
Since 01/05/2000, the Labour Court Acceleration Act is in force, a law to simplify and speed up labour court proceedings.
Combined offers are when merchandise, often of high quality, is offered at an extremely low price and only in connection with the purchase of a main product. This sales method is increasingly used by some companies as a marketing strategy.
The contractual commission regulations of trade agents can be invalid if they are contradictory.
Trust is good, control is better. This is especially true when making the first delivery to a new customer. A lawyer can support your company by assessing customer creditworthiness. Experienced lawyers will also discuss strategies to protect you against the risk of default.
The Texas Debt Collection Act and the Federal Fair Debt Collection Practices Act prohibit debt collectors from taking certain actions when dealing with alleged debtors. They also provide remedies for people when collectors fail to comply with the statutes. This article is to help you determine whether a debt collector has violated the law and what you can do about it.
A legatee is only entitled to restitution of a legacy gifted during the lifetime of the testator under special circumstances.
If a franchisee is not informed that turnover projections are based merely upon estimations then it is entitled to damages claims with respect to the turnover figures that have not been achieved.
Going to prison should not mean the end of someone’s potential. However, upon re-entering society, many released prisoners find fewer opportunities than when they entered the prison system.
Advisors must elucidate mistakes or information gaps in leaflets; otherwise, there has been a consultation error. The burden of proof for the disclosure lies with the advisor.
The Personal Data Protection Act (PDPA) of 2012 governs the collection, use and disclosure of personal data by private organisations. It establishes a Do Not Call (DNC) Registry, which came into effect on 2 January 2014. Here are five things you need to know about the DNC.
Termination by regular notice of an employment relationship is effective if the employee makes use of an illegal accounting method to increase his earnings.
Incomplete Disclosure Regarding Refunds With Respect to Ship Funds MT “Margara” – Capital Market Law
The Regional Court of Hamburg awarded damages to an investor of the ship funds MT “Margara” because the latter was not informed about refunds.
Circumstances may lead to the termination of a compliance manager when it comes to monitoring measures taken with regard to an employee.
If false information is provided or erroneous guaranties given in the context of a share deal, liability on the part of the managing director(s) is possible.
A manufacturer should reasonably accommodate the needs of the distributor worthy of protection and not contravene its interests without justifiable cause.
Where there is a public testamentary deed, the land registry office can correct the land register even in the absence of a certificate of inheritance.
The Hamburg Labour Court recently ruled that the strong suspicion of credit memos belonging to a business being used for private purposes can justify an extraordinary dismissal.
In Europe, online sales are set to reach 191 billion Euro by the year 2017. Faced with these numbers, businesses simply cannot afford to pass up the opportunities presented to them by online channels. Neither can they afford to remain in the dark about developments in the e-commerce regulatory sector. The ever-changing landscape of the world market necessitates a fast reaction time and a keen adaptability for businesses to remain relevant.
A series of federal and local laws were developed with the purpose of regulating relations and ensuring the stability of transactions and the safety of society.
In California any taxpayer can bring a lawsuit to stop the implementation of a law that she believes is unconstitutional provided that she is a resident taxpayer of the area affected and public funds will be spent to implement the challenged law.
Appeals Lawyers Analyze Shelby County v. Holder and the Constitutionality of Section 4 of the Voting Rights Act.
Appeals lawyers assess Underwood v. Mackay - whether occupational licensing applicants must submit to all licensing procedures and be denied a license before they can challenge the constitutionality of those procedures in court.
The rise of civil asset forfeiture as a means of increasing government revenues.
Eminent domain lawyers analyze California cities seizing underwater mortgages through eminent domain.
When facing a contested divorce situation, husbands and wives are tempted to record each other with the hope to improve their individual divorce outcome. This article is a reminder that while your high tech gizmo may enable you to intercept some valuable dirt on your ex, privacy law likely prohibits it.
Ministry of Health of Ukraine (hereinafter - the Ministry of Health of Ukraine) issued the Order № 696 from 06.08.2013 that approves hygiene requirements for infant formula products (hereinafter - the hygiene requirements).
In our modern, connected age, it seems everyone has a tablet or laptop computer that they use on a daily basis. These computers usually have built in webcams and microphones which, while very useful for legitimate purposes like video calls, can also be a vehicle for embarrassment, identity theft, and spying on your most intimate moments. So, what does the law have to say about using someone's webcam or computer microphone to spy on them?
Operating a purely informative website is not to be regarded as a business transaction, not even when it contains a link that points to the page of an online shop.
The Superior Court (OLG) of Schleswig, in a decision of August 13, 2013 (File number: 1 U 24/13) ruled that an “under the table” worker is not entitled to claim contractual fees from his presumed contract partner or under a “special arrangement”.
In his final submissions of November 26, 2013, the Advocate General at the Court of Justice of the European Union (CJEU) explained that Internet providers may under certain circumstances be required by law to block websites that infringe copyright (File number: C-314/12).
Notwithstanding the reasoning, companies in China have yet another amorphous compliance bugbear to obey. Given the inconsistent state of existing data privacy rules and recent dicta that position personal data at the epicenter of the data protection maelstrom, one might think it counter-intuitive, if not disingenuous, that there is no legally authoritative definition of “personal data” under Chinese law.
Much of what most people know about the American justice system is derived from television and movies. Unfortunately, these are entertainment and not as focused on conveying the truth about the legal system as delivering a compelling story. Even the news has a tendency to “spin” the truth in a way that makes it more interesting to the audience in order to increase the audience. As a result, here are 5 common myths about the American justice system:
Ever stopped and wondered where your various household goods came from? Not just the country of origin, but who actually worked to produce it? Most products, even those from other countries, are produced by adults, and though their standard of living may be different than that of their counterparts in America, they are working of their own free will. However, some products and services, even today, are still being produced by children and forced labor.
Traditionally, one benefit of marriage was being able to share in a spouse's employment benefits, like health, vision, and dental insurance. Unfortunately, many same-sex couples have struggled for years to receive the same level of benefits and even the right to be married. With more and more jurisdictions recognizing same-sex marriages, are employers now required to provide same-sex couples with the same level of benefits as heterosexual couples?
The arrival of 3D printing technology has led to some amazing new possibilities for things like replicating broken parts, creating amazing works of 3D art, and manufacturing entire items from patters found online. But, as is usually the case with any new technology, someone finds a way to use it for something sinister. Several creators invented 3D printed plastic guns and made plans available online. But, are these 3D printed plastic guns legal?
Following the terrorist attacks on 9/11, the U.S. federal government enacted a number of measures meant to combat the threat of terrorism on American soil. Among these measures was the implementation of the No Fly List, created and maintained by the Terrorist Screening Center (TSC). Often the subject of jokes in TV shows and movies, many wonder what it really is and how it works. So, how does the U.S. No Fly List actually work?
In order to find ways to prevent terrible acts of violence from guns, and to reconcile those acts with our deeply-ingrained gun culture, we must first make steps to understand that culture.
Since the dawn of civilization, there has been an ongoing philosophical and political debate about who or what can legally be considered a person. Traditionally, this took on the debate of whether certain human minority groups should be afforded the same rights and obligations as those in power. But, the debate has shifted in recent years to one involving non-humans. So, what makes a “person,” legally speaking.
Finding someone who does not have a Facebook, Twitter, Google+, LinkedIn, or other social media profile is getting harder to do. Granted, there are still a few stalwart holdouts, but the vast majority of Americans use social media everyday (in fact, you may have come across this article in your social media feed). With social networking such a huge part of our lives, are there any social media laws? How are common legal issues resolved when they occur in a social network?
Sharia law is the Islamic system of moral codes that govern all aspects of Muslim life. Since 9/11, a wave of anti-Sharia legislation has swept across America. But what is Sharia law, and is it really something that Americans should be concerned about? Is anti-Sharia law actually more dangerous to American freedoms than the moral code it seeks to prohibit?
Since its inception, the U.S. has been required to take military action of one sort or another under every president and administration, even before the United States of America had a Constitution. Since the creation of the U.S. Constitution, however, the United States has had laws regarding declaring war. Certain military actions can be taken without formal declarations of war, others cannot. So what are the laws regarding declaring war?
The dismissal for reasons of a long-time employee because of long periods of absence due to illness may be subject to strict requirements.
If photos are published without authorization, this is a violation of the right of owning one’s own image. The persons depicted are entitled to receive payment of a license fee.