Civil Rights Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Civil Rights.
“Unverzüglich” Is an Acceptable Deadline for Taking Remedial Action for Defective Products in Germany
October 20, 2016 By GRP Rainer LLP
If a purchased item is defective, the buyer can demand that subsequent remedial action be taken. According to a recent ruling of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, “unverzüglich” (immediately) is an acceptable deadline in relation to this remedial work.
October 19, 2016 By Palermo Tuohy Bruno, PLLC
Car accident cases involving personal injury can be stressful, tedious, and confusing. They are not to be handled alone. A highly-experienced personal injury lawyer will be able to guide you in the right direction and ensure that you don’t make any mistakes that can hurt your case. But little mistakes can put huge dents in your car accident case. Some result from traps set up by defense attorneys and insurance companies. Here’s a list of 13 mistakes that could hurt your car accident case.
October 19, 2016 By GRP Rainer LLP
The inheritance tax reforms have still yet to be finalized. With the Bundesrat, the upper house of the German parliament, having blocked the draft legislation on July 8, no further decision is expected to be taken before the autumn.
May 14, 2010 By HG.org
Both debt collection agency and debt collection law firms perform similar roles by pursuing unpaid debts. Additionally, both are regulated by the Fair Debt Collection Practices Act. However, the manner in which the agency or firm collects debt can be different, along with other characteristics of the firm or agency.
October 8, 2016 By HG.org
The Confrontation Clause of the Sixth Amendment to the United States Constitution gives a defendant the right to confront his or her accuser. This includes any witnesses who speak out against him. The interpretation of this right has changed over time.
The Second Amendment to the United States Constitution, gun control laws and the prevalence of mass shootings made up an ongoing debate during the second decade of the 21st century. During recent years, there have been additional measurements put in place to help safeguard communities from mass murderers.
When most people think of the right to bear arms, they think about guns. However, there are other weapons that may be used for self-defense, such as a dirk, dagger or knife. There may be laws that infringe on the general right to bear arms when it comes to these weapons as well as guns.
A prosecutor has the duty to disclose certain information to the defense. This helps aid the defendant in being able to lodge a proper defense.
Evidentiary privileges concern confidential communications, such as those between spouses or between a lawyer and his or her client. The United States Supreme Court has dealt with evidentiary privileges more than any other part of the Federal Rules of Evidence, indicating the importance that society has on these privileges.
October 5, 2016 By GRP Rainer LLP
According to a ruling of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, from July 12, it is possible to effectively withdraw from loan agreements featuring the wording that the withdrawal period shall commence “frühestens mit dem Erhalt dieser Belehrung” [at the earliest upon receipt of this guidance] (Az.: XI ZR 564/15).
October 5, 2016 By GRP Rainer LLP
Guidance on the right of withdrawal featuring the footnote “Nicht für Fernabsatzgeschäfte” (not for long-distance transactions) is ineffective. The Oberlandesgericht (OLG) Düsseldorf [Higher Regional Court of Düsseldorf] ruled that it is possible to effectively withdraw from loans accompanied by this kind of guidance.
October 3, 2016 By The Sehat Law Firm, PLC
Police brutality in the United States has always been a huge problem, though it is more visible now that widespread ownership of handheld electronic devices gives ordinary people the unprecedented power to record instances of police using extreme force against the unarmed and the powerless.
September 29, 2016 By HG.org
There are a number of privileges that criminal defendants have that protect certain communications. These privileges include clergy privilege, spousal privilege, doctor-patient privilege and the attorney-client privilege.
The insanity defense is one of th emost controversial defenses. Additionally, it has one of the lowest success rates among all criminal defenses. Knowing about the insanity defense and when this defense may apply has the potential to help a criminal defendant who may be able to assert this defense.
September 28, 2016 By Sidney L. Gold & Associates, PC
Congressional leaders are in heated arguments over a proposed bill that would protect religious freedom, but could also allow members of the LGBT community to suffer legal discrimination. The proposed bill titled, The First Amendment Defense Act, would prohibit anyone from bringing legal action against a person exercising their religious beliefs.
In the United States, all criminal defendants have the right to receive a fair trial. There are numerous constitutional safeguards in place to help protect these rights.
When someone is suspected of committing a crime, one of the most effective ways to convict the individual is to present a confession from him or her admitting to the crime.
September 26, 2016 By HG.org
One of the most common pieces of advice that a lawyer gives to his or her client is not to say anything. This is especially true when dealing with statements made to the police.
September 25, 2016 By HG.org
When one or both spouses are in legal trouble, the question of privileges and testimonial exceptions may arise. This is an important concept as it may prohibit one spouse from talking out against another.
September 25, 2016 By HG.org
Every US citizen has the right to a speedy trial as provided by the United States Constitution. Many state constitutions also contain similar provisions that guarantee that a person’s criminal case will be handled expediently. Looking at how this right can be treated in a particular state can give a criminal defendant a better sense of his or her rights and possible arguments that can be asserted to get criminal charges dismissed.
In many cases, a criminal defendant can leave police custody by posting bail. The amount that bail is ordered at is different in each case depending on a number of factors.
Given the significant number of exonerations that have been issued in recent years, it is important to consider what events led to these exonerations and the flaws in the American criminal justice system. Many exonerations were the result of false confessions.
Rather than trying every criminal case, the prosecutor and criminal defense lawyer may resolve a case by agreeing to a plea agreement. Many criminal cases are disposed of through this type of agreement. Some of the common questions related to plea bargains include:
The Eighth Amendment to the United States Constitution prohibits the issuance of excessive bail. However, courts have found that excessive bail does not simply mean that the defendant cannot afford bail. When bail is too high, a defendant may not be able to pay it and may need to look into other arrangements.
Individuals who are facing criminal charges have a number of key rights that must be honored throughout the process. By being aware of this information, criminal defendants can take necessary steps to protect these important rights.
A criminal defense lawyer may be able to negotiate an agreement between a criminal defendant and a prosecutor. This agreement is referred to as a “plea bargain” or “plea agreement.” There are a number of benefits of plea bargaining.
A plea bargain is a negotiated agreement for a criminal defendant whereby he or she agrees to plead guilty in exchange for a more favorable outcome. This outcome may be the dropping of additional charges, a reduction in the sentence or being charged with a lesser crime.
September 16, 2016 By HG.org
Any citizen in the United States who is facing criminal charges is guaranteed the right to legal counsel. If he or she cannot afford his or her own lawyer, one will be appointed to him or her. Despite this fundamental right, many individuals are not aware of this right, how far this right extends, the rights associated with the right to legal counsel and when a person qualifies to have a lawyer appointed by the court.
September 16, 2016 By HG.org
When a person is accused of a crime, the consequences at stake are significant. A conviction can mean the loss of freedom with years behind bars. Having a criminal record can impact the rest of a person’s life and limit career and educational opportunities. Due to these possibilities, many criminal defendants seek legal counsel.
September 14, 2016 By HG.org
When someone imagines someone else resisting arrest, they often have a mental image of a person violently thrashing around and physically resisting an officer who is simply attempting to handcuff him or her. Many people equate this scenario with resisting arrest and realize that this can often be a criminal act.
September 14, 2016 By HG.org
It is not uncommon for a person to happen upon a law enforcement officer. He or she may be stopped by the law enforcement officer and asked questions. If a person runs into this situation, it is important that he or she understands his or her rights.
September 13, 2016 By HG.org
The Fourth Amendment to the United States Constitution protects Americans from unreasonable searches and seizures. Despite this important freedom, there are limitations to it. For example, stop and frisk allows a law enforcement officer to briefly detain a person when no probable cause exists.
September 13, 2016 By HG.org
The term “stop and frisk” refers to a law enforcement officer’s limited right to detain a person momentarily and inspect him or her for weapons. While this right seems to be at odds with constitutional protections, the United States Supreme Court has upheld this practice as constitutional.
September 12, 2016 By Sidney L. Gold & Associates, PC
Americans in the Lesbian Gay Bisexual and Transgender Community (LGBT) have fought for and won many rights in the past few years. While individuals in the LGBT community and their allies have made progress, much remains to be accomplished.
September 8, 2016 By GRP Rainer LLP
Consumers could potentially save several thousand euros at the last minute by withdrawing from their loans. However, the withdrawal period is set to come to an end at exactly 12am on June 21.
September 6, 2016 By GRP Rainer LLP
It is still possible to withdraw from a large number of real estate loans. The end of the withdrawal period only concerns loans that were concluded between November 2002 and June 2010.
September 1, 2016 By GRP Rainer LLP
While the right of withdrawal for real estate loans concluded between 2002 and 2010 is set to come to an end on June 21, the courts will continue to grapple with the subject of withdrawal beyond this date.
August 31, 2016 By GRP Rainer LLP
The right of withdrawal for real estate loans concluded between November 2, 2002 and June 10, 2010 is set to come to an end on June 21, 2016. In the case of more recent agreements, withdrawal remains an option.
August 30, 2016 By GRP Rainer LLP
Anyone who still wants to make timely use of their get-out-of-jail-free card before June 20, 2016 and withdraw from a loan can benefit from low interest rates or reclaim an early repayment penalty
August 19, 2016 By GRP Rainer LLP
Video surveillance at the workplace does not inevitably give rise to claims for damages. That was the verdict of the Landesarbeitsgericht (LAG) Sachsen-Anhalt [Regional Labour Court of Saxony-Anhalt] (Az.: 6 Sa 301/14).
August 19, 2016 By MMLC Group
On August 5, 2016, the State Administration of Industry & Commerce (“SAIC”), released a draft of the Regulations on the Implementation of the Law on the Protection of Consumer Rights and Interests (“the Regulations”) for public opinion solicitation. This article reviews the main issues raised.
August 17, 2016 By Law Offices of Michele Finizio
Police misconduct is a major issue across the nation. Major cases have recently shed a nationwide light on this problem. Police brutality in New Jersey is just as much of an issue as it is elsewhere.
August 17, 2016 By GRP Rainer LLP
The Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, was supposed to rule on May 31 on withdrawing from a loan in the case of a so-called “verbundenes Geschäft” (linked transaction). This will no longer happen because the bank has withdrawn its appeal.
August 18, 2016 By Law Offices of Kisha M. Hebbon, LLC
Many New Jersey LGBTQ couples consider 2013 to be a landmark year. In that year, a key part of the Defense of Marriage Act (DOMA) was overturned, and New Jersey recognized the right for same-sex couples to marry.
August 16, 2016 By Sidney L. Gold & Associates, PC
In today’s day and age, it is easy to assume that many of the hot button issues of days past have come and gone. The same jokes used in Hollywood films years ago are no longer regarded as funny, and each day women have more career and educational opportunities.
August 16, 2016 By Sidney L. Gold & Associates, PC
Currently, Title VII prohibits employers from discriminating against employees on the basis of sex, but does not explicitly cover sexual orientation or transgender status. The Equal Employment Opportunity Commission (EEOC) has taken a continuously expansive view of Title VII, aggressively enforcing violations of all types of sex discrimination.
August 15, 2016 By GRP Rainer LLP
Those who still want to withdraw from real estate loans concluded between 2002 and 2010 should take action now while the right of withdrawal is on its last legs. This get-out-of-jail-free card is set to lapse shortly.
"Nettopolicen" - Insurance Intermediaries in Germany Subject to Strict Documentation Requirements & Duty to Inform
August 11, 2016 By GRP Rainer LLP
“Nettopolicen” are insurance policies with respect to which the premiums do not include commission for brokering the insurance contract. When concluding these insurance policies, insurance intermediaries have to point out and document that the separate payment arrangements continue to apply even if the policies are cancelled.
August 10, 2016 By GRP Rainer LLP
Loans can be tied to a specific purpose when they are issued. A case involving withdrawal from a loan tied to what is termed a “verbundenes Geschäft” [linked transaction] will come before the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, on May 31 (Az.: XI ZR 511/15).
August 8, 2016 By Felahy Employment Lawyers
A judge from the federal district of southern New York has decided to invalidate evidence obtained through the use of a cell phone tracking device. This decision may serve to clarify rules about when it is appropriate to use such technology with and without a warrant.
August 8, 2016 By GRP Rainer LLP
Just before the so-called “ewiges Widerrufsrecht” [perpetual right of withdrawal] was set to lapse, a ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt] has given this get-out-of-jail-free card renewed momentum. In doing so, the OLG has once again aligned itself with consumers.
August 5, 2016 By GRP Rainer LLP
If certificates or marks of origin are used for promotional purposes but the products are produced elsewhere, this may constitute an infringement of competition law. That was the verdict of the Landgericht (LG) Magdeburg [Regional Court of Magdeburg].
July 31, 2016 By HG.org
Many states require blood testing to determine blood alcohol levels for determination of impaired driving. When a person refuses to be tested, these states criminalize these actions. The United States Supreme Court has addressed this issue.
July 30, 2016 By HG.org
Cell phone use has made life simpler for drivers and passengers when it involves road issues. When another driver appears to be under the influence of alcohol, it is easier than ever to make an anonymous call to report the person. However, in many instances, the caller wants to remain anonymous for fear of being part of the trial as a witness or having to make a statement to police.
July 29, 2016 By APC Law Firm
Despite the considerable popularity of the marriage contract in Europe, the USA, and Canada, the mentality of the Ukrainian people still cannot accept this deal as normal. For Ukrainians is not acceptable to combine feeling and money, that’s why the question raises immediately: why do you marry if you are now thinking about the consequences of divorce.
July 25, 2016 By HG.org
Anything that a defendant says has the potential to be used against him or her in a criminal trial. This includes the testimony that he or she provides during grand jury testimony. The criminal defense lawyer representing the defendant should remain cognizant of this possibility and take proactive steps to protect the defendant’s legal rights.
July 25, 2016 By GRP Rainer LLP
Playing the get-out-of-jail-free card and withdrawing from expensive real estate loans is still possible until June 21 without consumers having to pay an early repayment penalty.
The increasing crimes of owning, creating and distributing child pornography are difficult for the federal government to keep up with. Despite the harsh penalties for conviction of these crimes, the number of offenders has been increasing for years. Mandatory minimum sentences are in effect for these crimes, and the United States Congress has created sentences that keep lengthening.
In North Carolina, footage from a law enforcement officer’s body or dashboard cameras is not considered a public record or personnel record according to a recently passed law that goes into effect October 1. North Carolina joins five other states—Florida, Georgia, Illinois, Oregon, and South Carolina— in making this determination.
The U.S. Supreme Court recently ruled that a North Dakota DUI law making it a crime to refuse a “deep-lung” breath test is unconstitutional.
Anyone who withdraws from a real estate loan concluded between 2002 and 2010 stands to potentially benefit from low interest rates and save a lot of money. Having said that, withdrawal only remains an option until June 21, 2016.
On July 26 the Americans with Disabilities Act turns 26 years old. This civil rights act not only barred discrimination against those with disabilities but advanced services, accommodations and access across all public agencies.
Withdrawal can prove to be an extremely attractive proposition from a financial perspective, even for consumers whose loans have already been paid off. That being said, withdrawal should certainly be carried out before June 21, 2016.
Law enforcement officers often arrest citizens for various reasons in different manners. During the arrest itself, it is important to stay calm, remain peaceful as cuffs are tightened, follow orders to get in the vehicle and ensure all behavior is completed in a composed manner. There is no reason to allow any possible incrimination or potential penalties for negative behavior when being arrested.
Often the best legal advice given in cases involving criminal law is to remain silent when a police investigation begins. This is often said for those that have been suspected of any crime. It does not matter if the individual is a suspect, a subject involved or someone that may have witnessed the crime.
Internet postings are subject to Philippine jurisdiction. Under Section 21 of the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), jurisdiction shall lie if any of the elements of the libel was committed within the Philippines. One of the elements of libel is publication of the charge. If the posts are published and accessible in the country, Philippines has jurisdiction.
While the immigration officers have the prerogative to decline entry of foreigners, they must do so without arbitrariness, that is, the ground for refusal must be among those provided by law.
Consumer protection is a vital, but often ignored, issue in developing countries, and Bangladesh is no exception. However, in a country like Bangladesh, with a rapidly growing consumer-base, protection measures for consumers are of paramount importance. This has now necessitated giving high priority for the protection of the consumers and promotion of a responsible consumer movement in Bangladesh.
There have been many instances of banks and savings banks using ambiguous statements in guidance on the right of withdrawal regarding the commencement of the withdrawal period. Consequently, it is still possible to withdraw from these loans even years after they were taken out in most cases.
Technology is evolving at a pace that is difficult to keep up with, especially in the area of laws protecting privacy. When the Electronic Communications Privacy Act (ECPA) was established in 1986, it was a much different world than today. Computers and email exchanges were just beginning to be used by businesses and consumers, making the laws sufficient.
A bill recently proposed in Delaware could have an impact on how other states consider homosexuality when a couple declares legal grounds for divorce. In order to file for divorce in Delaware, an individual must file a Petition for Divorce, where they declare a specific “grounds” upon which the divorce is being sought. Delaware courts can enter a decree of divorce if they find that a marriage is irretrievably broken, which is characterized in part by one spouse’s misconduct
In order to be enrolled, many states require students to provide proof of immunization to attend school, including Illinois. Until recently, parents were permitted to excuse their children due to medical or religious explanations. For religious exemption of this requirement, a letter from a parent to the school administration was all that was needed stating the children’s vaccination violates religious beliefs held by the family. Medical exemption could be proven with a letter from the doctor.
The Denver Post recently reported that applications for concealed carry permits have skyrocketed in Colorado this year. Some say this is a response to mass shootings, like the recent tragedies in Paris, San Bernardino, Colorado Springs and Orlando, others argue that this kind of increased access to weapons is part of the problem. Regardless of how you feel about guns, Coloradans should know what the rules are in our state.
The countdown is on for withdrawing from real estate loans. The deadline for withdrawing from legacy contracts is June 21, 2016. After this date, the so-called “ewiges Widerrufsrecht” (perpetual right of withdrawal) will cease to exist.
Guidelines have been put in place for healthcare professionals and staff in medical facilities that require that standards are followed closely. These guidelines are to provide proper treatment and avoid medical malpractice as much as possible. One standard is to provide safety of medical records and privacy. A physician may be held liable for breaching a patient’s confidentiality.
A new EU regulation regarding data protection came into force on 24 May 2016 and, following a two year transition period, it will apply to all member states from 25 May 2018. This is known as the General Data Protection Regulation (“GDPR”). It replaces the existing EU Directive 95/46/EC. As this is a “regulation” and not a “directive” it will apply in the UK without the need for any further implementation by Parliament.
Utah v. Strieff was a festering [sore] of a decision that will undoubtedly be used by prosecutors all over the country to overcome bad stops when additional evidence is found following an unlawful seizure. It should, however, be read as a narrow decision applying only to cases where the evidence sought to be used is entirely unconnected to the stop.
OLG Frankfurt: Unclear Commencement of Term Renders Guidance on Right of Withdrawal Ineffective in Germany
If the guidance on the right of withdrawal in a loan agreement includes the words “die Widerrufsfrist beginnt frühestens mit Erhalt dieser Belehrung” (the withdrawal period shall commence at the earliest upon receipt of this guidance), withdrawal is likely to be an option.
Another hearing before the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, concerning withdrawal from consumer loans has been scheduled for May 24 (XI ZR 366/15). The BGH will then have to rule on an appeal brought by a bank.
Since the worldwide economy crisis of 2008, we are living in the time of rising distrust towards banks and similar financial institutions. Banks have never been so closely and attentively observed, not only by the government and numerous non-governmental organizations specializing in consumer protection but also by consumers themselves. That is why it’s in the bank’s best interest to know and follow the regulations pertaining different forms of bank’s activities.
The focus of said novelization lies on the protection of consumers, and its aim is to strengthen consumers’ position in their relations with the entrepreneurs by giving the customers more tools to secure their interests. Below are the most important of the recent changes.
People with a disability are permitted to use service animals and those used for support for many reasons based on the situation. Federal rights and laws specify the regulations and allowances of these animals when in service. Some states have additional laws that add to the meaning of a service animal. Some laws allow more freedom and a closer proximity of the animal to the agent.
California's so-called right to die law went into effect June 9th, and its potential ramifications have been hotly debated between proponents of physician assisted death and disability advocates. Notably, the Disability Rights Education and Defense Fund, a group that seeks to ensure legal help for disabled people, has released an in-depth statement expressing vehement opposition to the new law .
On May 4th 2016, the official text of Regulation 2016/679 “on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC” (General Data Protection Regulation) has been published in the EU Official Journal. The Regulation entered into force on May 24th 2016 but it shall apply from May 25th 2018.
On March, 15th, 2016 the European Parliament Committee on Agriculture and Rural Development adopted by a large majority the report on the Commission’s proposal regarding the manufacture, placing on the market and use of medicated feed. The new rules, which will be implemented in the form of Regulation, will replace the current Council Directive 90/167/EEC of 26 March 1990.
Passing themselves as the real, authorized medicines while containing ingredients which are of bad quality or in wrong dosages, falsified medicinal products are a major threat to public threat and safety – given that consumers might not be always able to discover their true identity.
The use of pesticides in food, especially when growing fruit and vegetables, is now commonplace; farmers use pesticides in order to preserve or even increase their yields. Nevertheless, there are several risks regarding consumer safety and questions arise on the allowed pesticide residue quantities in food meant for consumption.
The use of mobile applications in healthcare has been rapidly growing, globally. Meanwhile, a long and intense discussion has emerged between users and entrepreneurs, resulting from the forthcoming adoption of the General Data Protection Regulation, which will have legally binding force in all EU member states and will replace existing relevant legislation by the end of 2015.
Many consumers are influenced to purchase a product because a guaranty is offered on the product. This guaranty instills confidence in the consumer. However, when a manufacturer does not comply with the terms of the guaranty, legal issues may arise.
A former medical assistant at Bergen Regional Medical Center recently filed a lawsuit against the hospital.
Under current U.S. immigration law, LGBTI aliens may seek asylum in the United States.
Some of the major stories in 2015 involved groups of individuals being killed at the hands of a gun wielding murderer.
Many companies use photos of people when selling their brand or product. Often times, these photos are of models or professional actors. In some cases, businesses may use photos of private parties rather than expert models.
Wohnimmobilienkreditrichtlinie Enters into Force in Germany: Withdrawal Still Possible until June 21, 2016
The entry into force of the Wohnimmobilienkreditrichtlinie heralds the end of the so-called “ewiges Widerrufsrecht” (perpetual right of withdrawal) for real estate loans. It will no longer be possible to withdraw from legacy contracts from June 21, 2016.
A transgender student in South Carolina was recently told by school administrators to use the girls’ bathroom, even though he identified as male.
Currently, The Pennsylvania Division of Vital Records and Department of Health holds a policy that bars transgender people from changing their birth certificate unless they undergo gender confirmation surgery.
With much of the American population growing older and a severely low employment rate among those over 62, Social Security faces severe long-term challenges.
[In May,] the U.S. federal government informed North Carolina Governor Pat McCrory that the state’s controversial bathroom law, House Bill 2 (HB 2), violates the Civil Rights Act, and the Justice Department gave the state until Monday to remedy the situation. North Carolina’s “bathroom bill” bars transgender people from using public bathrooms that correspond with their gender identity.
General Mills must defend itself against new allegations of age discrimination, following a recent complaint filed by 29 former employees in Minnesota federal court.