Civil Rights Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Civil Rights.
June 24, 2015 By HG.org
Proof beyond a reasonable doubt is the legal standard that the prosecution must meet in order to successfully find a criminal defendant guilty of a crime. This standard applies to each element of the crime.
June 22, 2015 By HG.org
For torts, crimes and even the collection of debt, there are laws regarding how long a claim is actionable. These laws help provide a sense of finality for affected individuals so that they do not have to forever be worried about potential adverse effects.
June 22, 2015 By GRP Rainer LLP
The introduction of the national minimum wage does not only apply to direct employment relationships; general contractors are also liable for their subcontractors.
June 15, 2015 By HG.org
Anyone who has walked down a public street, driven a car, entered a store, or engaged in virtually any other activity outside of their own home has undoubtedly been recorded. Sometimes the surveillance is obvious and other times it is not. So, what are the bounds of privacy and how far can private entities or the government go in surveilling someone without a warrant while they are in a public place?
June 14, 2015 By The Law Office of Purav Bhatt
Police will often use a person’s presence in a high-crime area, coupled with unprovoked flight as sufficient to justify an officer’s brief, investigative stop. Illinois courts have decided that this was consistent with previous decisions recognizing a citizen’s right to ignore the police, as it found that unprovoked flight is not simply refusing to cooperate but is suspicious conduct that allows the police to investigate.
June 10, 2015 By Galfand Berger LLP
Few people have ever asked themselves the question, “who will manage my social media accounts after I die” but Facebook may have changed that.
June 9, 2015 By HG.org
Once known pejoratively as “anchor babies,” the children of foreign nationals born on American soil have traditionally had a right to automatic citizenship. As a result, immediate family members would seek their own citizenship by virtue of the close relationship. But, after years of debate on the topic of immigration reform, are anchor babies still legal?
May 21, 2015 By GRP Rainer LLP
It is clear following the spectacular ruling against a former top manager that case law is becoming tougher and compliance increasingly important for businesses and corporations.
May 19, 2015 By HG.org
The gap between the richest and poorest people in the United States is bigger than in any other country in the world. As a result, homelessness has become a serious and widespread problem in America. But, how has society come to deal with this issue? Are there any special laws regarding homeless people?
May 19, 2015 By HG.org
The decision to end a pregnancy is rarely an easy one. Social issues, health concerns, or a wide array of other factors may be the reason for terminating the pregnancy, but the consequences can be devastating. Making matters worse, legal considerations have so deeply muddied the waters on a woman's right to choose that it is not always clear when one can have an abortion.
May 18, 2015 By HG.org
In addition to the testimony of the arresting officer’s observations, the prosecution may introduce evidence during a DUI trial regarding test results that implicate the defendant. However, a number of test results may be challenged during the course of the defense.
May 12, 2015 By HG.org
Riots have erupted all over the United States in recent years, often in the wake of racial tensions created by police activities. Often beginning as peaceful protests, these demonstrations sometimes degenerate into violent riots where people and property suffer harm, leaving innocent people to pick up the pieces. This has led many to ask who should pay for the damage after a riot?
May 11, 2015 By HG.org
For decades, the federal Employment Non-Discrimination Act has failed to pass, which would sweeping protections to members of the lesbian, gay, bisexual and transgender communities in the workforce. Without this law, transgender employees do have some protections, but not as many as people who have been traditionally protected under Title VII of the Civil Rights Act of 1964.
May 9, 2015 By HG.org
The fruit of the poisonous tree doctrine prevents the prosecution from admitting certain evidence into a criminal case after it has been tainted by a primary illegality. This doctrine is meant to remove illegally-acquired evidence from negatively impacting a criminal defendant.
May 6, 2015 By GRP Rainer LLP
A well-known fast food chain has terminated the contract with one of its franchisees in Germany, but the latter is fighting back. There are several pitfalls that one needs to be mindful of regarding franchise agreements.
May 5, 2015 By HG.org
Frequently, the people who need an attorney the most are also the ones who can least afford to pay for one. Whether accused of a crime, injured in an accident, or facing the possibility of losing your children, there are many situations where the stakes are so high that you might desperately need an attorney even though you have no way to pay. So, how do you hire an attorney when you have no money?
April 24, 2015 By GRP Rainer LLP
Although there are no formal requirements for a voluntary declaration in cases of tax evasion, mistakes can result in the ineffectiveness of the voluntary declaration and the threat of a conviction.
April 23, 2015 By HG.org
In the United States, every child is entitled to a free public education. Additionally, having a disability triggers additional protections under law for primary and secondary students. Likewise, once a post-secondary student identifies as having a disability, he or she is entitled to additional rights.
April 23, 2015 By GRP Rainer LLP
Voluntary disclosure in cases of tax evasion remains a possibility in 2015, but tax evaders will be asked by the exchequer to pay a heavy price.
April 21, 2015 By HG.org
Most people who own a car rely on it for getting virtually everywhere they need to go. That may include school, church, the store, or to pick up the kids; but for most, it primarily includes work. Thus, when you are late on your car payments, it may seem terribly ironic that the bank wants to deprive you of the means of getting to work to pay them back faster, but that is exactly what could happen.
April 20, 2015 By HG.org
Having an eyewitness testify that he or she saw the suspect commit the crime or some act associated with the crime can be powerful evidence for a prosecutor. Realizing this, the United States Supreme Court and state courts across the country have established strict guidelines regarding police lineups.
April 19, 2015 By HG.org
They are frequently in the news, passing out fliers about not paying taxes, and conducting meetings in local hotels and restaurants about not being beholden to the government. Often referred to as “sovereign citizens,” these groups believe that they have found loopholes that exclude them from following laws by which they do not wish to abide. But, are sovereign citizen groups right, or is their interpretation of the law off base?
April 19, 2015 By HG.org
In an increasingly surveillance-based society, it may seem that cameras are everywhere around us. If you look around, you may find cameras in unexpected places that you pass on a daily basis. But, how far can all of this surveillance go? Are there places that cameras are not allowed? Where is it legal to put surveillance cameras?
The Americans with Disabilities Act was passed to help the United States benefit from the skills and talents of individuals who happen to have disabilities. It strives to break down barriers individuals with disabilities experienced regarding employment, public accommodations, public services, transportation and telecommunications.
Many cities around the US deal with the problem of graffiti art everyday. Sometimes it may be a name, a threat, an image, a symbol, or a brilliant canvas of the graffiti artist's imagination. Whatever the case, it usually involves painting something on someone else's property. So, whose rights should win out? The artist's right to free speech or the property owner's right to the quiet use and enjoyment of their own property?
Most people are familiar with the concept of a criminal commitment (i.e. a prison or jail sentence). But not everyone has heard of the concept of an involuntary civil commitment. So, what is this, how does it fit into the American legal structure, and when is it used?
April 14, 2015 By HG.org
Hearing that there is an eyewitness to a crime can cause a great degree of apprehension in a criminal case. However, there are several ways that a criminal defense lawyer can challenge such eyewitness testimony.
April 13, 2015 By Wiselink Law Firm Shanghai
The draft of Supervision & Administration Rule over Cosmetics by China Food and Drug Administration (CFDA) contains many changes comparing with the old version. Internet sales becomes to be one of the eye-catching changes.
Anyone who has watched an American crime show (and even some in other countries) probably have heard someone “read their rights.” But, what are these, why do police always say them, and how do they work?
It seems like every year another cult ends up in the media, having amassed weapons, engaged in child sex crimes, or after killing or abducting someone. This has led many to ask how cults remain legal in the United States.
The use of deadly force is an extremely sobering event. Despite dozens of expressions that joke about shooting somebody, choosing whether or not to actually use potentially lethal levels of violence against someone is no laughing matter. If you need to make this decision, it is important to understand when it is okay to take such action and when it is not.
April 7, 2015 By Aaronson Law Firm
Read the horrible story of Ahkmed and learn from his mistakes. Don't underestimate timeshare sells men.
Some of the most critical mistakes in a criminal case occur after a suspect is arrested. Here is a list of things to do and not to do if you find yourself in this predicament.
Breach of contract claims — when one party sues another for failing to deliver on the terms of a written or oral agreement — are one of the most common business disputes in Florida courts today. Consequently, it is useful for Florida business owners to be aware of some of the common defenses for a breach of contract claim:
How timeshare originated, and how timeshare resorts have changed and taken advantage of this.
In light of the advancing globalisation of trade and commerce, distribution law is becoming increasingly complex because national and international standards and laws have to be observed.
A subpoena is a court-ordered mandate telling a person to show up in court or a deposition at a certain time or to provide a party of a case with certain information. Individuals who ignore a subpoena can find themselves in civil or criminal contempt of court. However, a person may not need to blindly comply with the subpoena.
With the world becoming more and more litigious, we all fear we might be sued over everyday actions or minor mistakes. In our market, homeowners are often trying to find a scapegoat for their financial responsibilities. Without following proper procedure, that scapegoat may be your HOA.
It is crucial both in one’s private life and in business to cover oneself against damage and loss. It is not, however, always easy to enforce claims from an insurance policy if damage or loss has occurred.
The timeshare deed system required a level of disclosure that effectively prevented certain practices hurting the bottom line of the unscrupulous timeshare developer.
When a creditor wants to ensure that it will quickly receive the funds that it is due, it may go after any funds or assets that it can get its hands on. In some situations, creditors may prefer to garnish a bank account rather than go after an employee’s wages. In many situations, the creditor may be able to access funds in a joint account.
Switzerland is serious about the fight against illicit earnings and tax evasion. It wants to participate in the automatic exchange of information between EU states.
Probation is a conditional sentence, meaning that if the defendant does not comply with the conditions, the probation can be revoked and the suspended jail sentence can be imposed. Probation conditions vary widely by geographic region, as well as the type of court that entered the probation. In some cases, a judge may impose specific provisions, while in others, a probation officer may impose certain conditions.
Historically, women have earned less than their male counterparts. Nationally, women make about 78 cents on the dollar that each man earns for the same job. However, a variety of laws have been passed to help ensure women of fair pay. Here is an overview of those laws and the steps you can take to ensure that you, as an employee, are receiving a fair rate of pay.
Anyone who has seen a cop show has probably memorized a person’s “rights.” The common warnings regarding the right to remain silent and the right to consult a lawyer are well known. However, citizens may not be aware of the implications of what happens when these rights are not read or given to them.
Before a class action lawsuit can proceed, the class must be certified. This process ensures that the plaintiffs have enough similarities to proceed with litigation against the named defendant as part of one larger case.
For many Americans, the right to have and use a gun is quite precious. Viewed as a way to combat tyranny, to protect one's home and person, and as a tool for recreation, guns are a big part of the American way of life. But how far does the right to bear arms really go?
How often have we heard someone say “It's a free country, I can say what I want to?” In most cases, that person is correct. But, America does not always allow free speech without constraint.
Although some states permit marijuana use for medical or recreational reasons, federal housing is based on federal laws. At the time of publication, marijuana use was still outlawed by federal law. However, guidance from the Department of Housing and Urban Development shows the nuances in laws that federal housing projects are currently laboring under.
Not all businesses have policies in place that will allow you to have a full refund if you are not satisfied with goods. However, there may be a variety of remedies available to you if you are not satisfied with an order of goods that you received.
For the thousands of people involved in same-sex relationships in the United States, times have really begun to change. After decades of fighting for equal rights, many states have slowly begun to allow gay and lesbian couples to experience the same rights, benefits, and privileges associated with marriage as straight couples have always been allowed.
Bait and switch is a common deceptive sales practice that advertises an item for sale to entice customers to come to the store. Once the customer arrives in anticipation of the discounted item, he or she is told that the item is not available and is directed toward a more expensive alternative.
While parodies often cause a good laugh, their influence can be much more dramatic and long-lasting. Because parodies provide an important historic reference and social commentary, they enjoy certain protections under the First Amendment and in copyright cases.
The Fifth Amendment to the United States Constitution provides individuals the right not to serve as a witness against themselves. Through this amendment, a witness may prevent the disclosure of evidence that can ultimately be used against him or her in a criminal case. There are a variety of situations in which a person may assert this privilege.
Much has been made over the last few years about net neutrality. Still, most people are confused by what this term refers to and why it matters. This confusion is understandable given the misleading nature of the name, and the way it is often misapplied in the media. But, net neutrality is actually a very important concept to understand and one that could directly impact the way the Internet works and how we all use it.
Millions of Americans fear what can happen during a traffic stop. The names “Ferguson” and “Rodney King” have taken on a significance in the national psyche that will not soon be shaken.
The First Amendment to the United States Constitution grants individuals the freedoms of speech, the free exercise of religion, the press and the right to peacefully assemble. While many individuals may construe their freedom of speech rights broadly, not all forms of speech are protected. Satire is generally a protected form of speech, but there are certain exceptions.
At the time of publication, there is no federal law requiring vaccinations of children. These laws are left to the state and the local governments. While many areas require vaccinations for children before they are allowed to enter daycare or school, there are exemptions that may apply.
Many individuals are hesitant to appear in court out of fear or a lack of familiarity with the court system. There are several ways that you can get the testimony that you need to assist you in your civil or criminal case.
Over the recent past both police departments nationally as well as the Denver police department have been increasingly in the public eye for what many would characterize as a disproportionate use of force.
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.
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.
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.
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.
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
From 1 January 2015, the procedure for notifying authorities about attracting and using highly qualified specialists will be changed.
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.
Paternity Suits in Turkey under Turkish Family Law. Results of Paternity suits will enable the mother to request financial support from the father.
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.
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.
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
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.
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.
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.
By Kassouni Law
A question of free market vs. government over-regulation to address the issue of environmental sustainability.
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.
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.
By Kassouni Law
California education employment codes found unconstitutional. Tenure struck down.