Civil Rights Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Civil Rights.
February 5, 2016 By The Sehat Law Firm, PLC
Protecting your rights while cooperating with police can feel like walking a tightrope—one wrong move and you plunge to your doom. You should remember that even well intentioned police are nervous during traffic stops. You want to cooperate and defuse a potential conflict while not incriminating yourself or giving the police information that you do not have to share.
January 24, 2016 By GRP Rainer LLP
Specifications regarding the energy consumption of empty vacuum cleaners do not infringe competition law. That was the decision of the General Court of the European Union (EGC) in its ruling of November 11 (Az.: T-544/13).
January 17, 2016 By HG.org
States and counties around the country have offered criminal defendants a number of alternatives to jail. These alternatives help to keep more people outside of overcrowded jails and provide an incentive to reform behavior.
January 14, 2016 By HG.org
Through the process of forfeiture, the government may be able to take away the property of a civilian. This may be because the individual is involved in criminal activity or because he or she owns property that was involved in criminal activity.
Owners of VW, Audi, Porsche "TDI Clean Diesel" Models May Qualify to File a Lawsuit over Emissions Fraud
January 8, 2016 By Heygood Orr & Pearson
Volkswagen admitted it fraudulently misled consumers about the emissions of its "TDI Clean Diesel" models through a defeat device that made the cars appear to emit lower levels of greenhouse gases than they actually did. Volkswagen recalled 11 million Volkswagen and Audi models in connection with the Dieselgate emissions cheating scandal. Hundreds of VW, Audi, and Porsche diesel owners have filed lawsuits against the German automaker over the company's lies and the lost value of their vehicles.
December 28, 2015 By HG.org
In some instances, a party has the right to reclaim property and sell it off at auction. This can be the case in a number of legal actions, including home foreclosures, vehicle repossessions and storage locker auctions. Additionally, this party is often entitled to receive a deficiency judgment for any amount that the former property owner still owes after subtracting the proceeds and costs of the sale.
December 17, 2015 By CSB Advocates
As 2015 comes to a close, the e-commerce industry is expected to make €185.39 billion this year. In the EU, the average online shopper spends €970 yearly, and these numbers continue to grow annually. EU Directive 2011/83/EU details the rights of EU consumers when shopping online and was transposed into Maltese law through Legal Notice 439 of 2013.
Nearly 30 million Americans have diabetes today. Medical and treatment advances have allowed people with diabetes to maintain long and productive lives, at school, at home and at work
Service animals are animals which are trained to do work or perform tasks for the benefit of an individual with a disability. Under the Americans with Disabilities Act, only a dog or a miniature horse may be considered a service animal, though other states may allow other types of animals to be service animals. Monkeys, ferrets and other animals may be considered service animals in some states.
The Individuals with Disabilities Education Act ("IDEA") (originally the Education for All Handicapped Children Act of 1975, Public Law 94-142) was created in response to the fact that the educational needs of children with disabilities weren't being adequately met.
December 5, 2015 By Hassan Elhais
A Power of Attorney is a notarised letter of authority given by a person or a company to another person or a company, which allows them to act for and on behalf of the original person in various government departments and for contractual purposes. The attorney and the person giving it must be over 21 years of age and must be of sound mind.
December 4, 2015 By HG.org
While individuals do lose many rights when they are imprisoned, this does not mean that they lose all jails. Since jails and prisons are the custodians of these individuals, they have many responsibilities to these individuals’ welfare.
December 2, 2015 By Petrelli Law, PC
As Americans, our online and offline lives are almost always intertwined, affecting the way we live, work and communicate.
November 27, 2015 By Kydalov & Partners
Ukraine can be considered as an attractive country for foreigners wishing to immigrate to Europe. Let’s consider the benefits of migration to Ukraine in comparison with other countries and consider the so-called business immigration.
November 23, 2015 By HG.org
Unfortunately when someone realizes that he or she is a victim of identity theft, this is usually become some negative result has already happened. A person may have been denied credit for which he or she believed would be a certainty. A letter may come in the mail regarding a debt of which the individual was never aware, or the Internal Revenue Service may send a notice of a large tax debt.
November 21, 2015 By HG.org
Individuals in several states have reported receiving phone calls or emails informing them that there is a warrant for their arrest. This communication is often part of a larger scam in which the con artist attempts to receive money based on this fraud and extortion.
November 20, 2015 By HG.org
Due to the difference in the levels between employers and employees, an employer may sometimes try to take advantage of this greater power by requesting an employee to commit some illegal act to further business or personal interests.
November 20, 2015 By HG.org
While people laugh at celebrity mugshots and may even peruse local ones for amusement, mugshots can be extremely embarrassing to the individuals portrayed. Quite often, a mugshot is considered public information. However, there are some instances in which a person can have a mugshot removed.
November 27, 2015 By GRP Rainer LLP
A handwritten will has to be legible. Otherwise, it may not be effective according to a ruling of the Oberlandesgericht (OLG) Schleswig [Higher Regional Court of Schleswig] of July 16, 2015 (Az.: 3 Wx 19/15).
November 17, 2015 By Grata Law Firm
In September 2015 Kazakhstani Government announced that in furtherance to large-scale privatization program being realized in Kazakhstan over the last couple of years, 60 major state-owned companies will become private before 1 January 2018.
Witnesses including parties to the case provide testimony to the court that the judge and jury consider. When witnesses testify to the court, they do so under oath. They also do so under the risk of facing criminal charges if they lie to the court. There are steps that another person can take whether a party or an observer to inform the court of lies.
While many individuals ask for a second opinion after receiving a medical diagnosis, these same individuals feel hesitant to do so in a legal case. However, individuals are usually entitled to seek the advice of an attorney of their choice in order to receive a second opinion or other legal counsel.
Exercise Your Right To Remain Silent. Generally when the police contact an individual who is suspected of a crime, whether or not the subject of that investigation has committed a crime or not, the best advice for that subject is to remain silent.
Arrest records contain information about a person who is arrested and the incident that led to the arrest. They also sometimes describe the victim of the crime. Whether they are public record depends on state law and the circumstances surrounding the arrest.
When a person purchases a new appliance, he or she expects it to do the job that it is intended to do. However, in some cases, a defective appliance may cause damage to a person’s property through a water leak, electrical issue or other defect. In some instances, a consumer may be able to receive compensation for such damages.
“I believe at its heart, America is a nation of second chances, and I believe these folks deserve their second chance.” - President Obama
Jury nullification is making headlines in Denver and in particular in front of the Lindsey-Flanigan Courthouse, where activists have been distributing fliers about nullification and fighting charges against other activists who have done the same, since July of this summer.
A new pot resort in South Dakota will be opening up soon on tribal land, despite the fact that pot is not yet legal in South Dakota.
Ukraine is very attractive in terms of finding women willing to provide the service of surrogate motherhood, as it has many positive aspects. Surrogate motherhood is a very profitable business in Ukraine. But this sphere of surrogacy is so attractive for fraudsters and unscrupulous persons. Why is that and how to escape of it?
Even after an invalid attempt to rescind a purchase agreement, the buyer is still able to demand that remedial work be performed on the item purchased. That was the decision of the OLG Naumburg (Higher Regional Court of Naumburg) in its ruling of April 9, 2015 (Az.: 2 U 127/13).
When people right their autobiographies or memoirs, they may recount stories that others do not wish to share. While the first amendment provides for the freedom of speech, this right is not absolute. Simply because a person deems something to be “nonfiction” does not make it true. Individuals who do not like the way that they are being portrayed may have legal claims against the author.
On October 6, 2015, the Court of Justice of the European Union handed down judgment in Case C-362/14, Maximillian Schrems v. Data Protection Commissioner, invalidating the U.S.-EU Safe Harbor arrangement.
On the 2nd of October 2015 Volkswagen has been discovered from the Environmental Protection Agency (EPA) that many of its diesel cars sold in the USA were fitted with a device that could detect when they were tested, changing their performance accordingly to improve results. The so-called “defeat device” was showing that the cars emit less and hiding the fact that the engines were emitting up to 40 times the of nitrogen oxides (NOx) than standards allow.
By MMLC Group
China has experienced significant food quality controversies in recent years, bringing food safety and security to the limelight. Here, we review the new law noting what areas have been strengthened and how the regulations will be enforced.
The Consumer Rights Act 2015 has recently been implemented in the UK. The Act provides for key changes in relation to consumer rights relating to the sale of goods.
A Satisfaction of Judgment or Release and Satisfaction is a legal document that shows that the plaintiff has been paid all that he or she is owed, based upon the original judgment against the defendant. This legal document is important because it is not revocable; once it is signed and filed with the court, it cannot be changed. Judgment debtors are usually in a hurry to get this type of release so that the civil action stops adversely affecting their credit.
Yo-yo financing is sometimes a result of spot delivery purchases in which a buyer uses in-house financing and drives off the lot with a new vehicle before the actual deal is finalized. This potential scam occurs in Minnesota and throughout the country and leaves subprime borrowers in a vulnerable position.
Sometimes there is a need to travel with children abroad. Circumstances for such trips can be different: it is a vacation trip, or, in case of the existence of international marriage, it is the need to move a child to the parents and relatives in another country, etc. If you belong to these groups, you should pay attention to the novel in the legislation in order arrange the documents properly and not to waste time and nerves on the border control.
This type of car buying scam gets its name from purchasers who are sold vehicles “on the spot.” The dealership says that the buyer has been approved for the vehicle, but he or she is later told that the financing fell through. There may be some consumer protections to help affected buyers, and there are certainly ways to avoid this common scam.
A new bill has been introduced to end forfeiture funding of the DEA’s Marijuana Suppression programs. The bill is a bipartisan effort to modify was has become a widely abused system of asset forfeiture from innocent citizens, who in many cases have not even been charged with any crimes.
A will can only be valid if the person who drafted it has the capacity to make a will. If disputes emerge amongst heirs, it is possible for this to result in the testator’s testamentary capacity being contested.
Some auto dealerships have developed a bad reputation for committing fraudulent acts or attempting to trick their customers into making purchases that include hidden provisions. Auto dealerships must comply with a number of state and federal laws pertaining to entering into sales contracts with buyers.
Large-scale security breaches receive massive media attention. Whether a person can be criminally or civilly liable for another’s actions while using their equipment or connection depends on the particular circumstances involved in the case.
When a law enforcement officer helps to influence an individual to attempt to commit a crime, the criminal defendant may wonder if the officer’s conduct rose to entrapment. If entrapment was involved in a case, the criminal defendant may raise entrapment as a defense to the criminal charges.
Making a police report can be a serious step that some people may prefer to avoid. On the other hand, speaking to a lawyer may not always be the first advised step. Being sure whether to contact the police or a lawyer can help individuals protect their legal rights.
Police activity has been in the spotlight in St. Louis, and Nationwide since the Ferguson, Missouri riots began this past August. As riots escalated, numerous arrests were made because reporters or witnesses took out their phones to capture footage of police officers assigned to the scene. Leaving many to ask the question: Is it legal to film police officers?
Executive boards, supervisory boards and managing directors are living dangerously. If the wrong decisions are made, they may be required to stand good for the loss or damage with their private assets.
Extradition is the process in which one country or state that has possession of a criminal suspect hands him or her over to another country or state. A lawyer may be able to help with this process by fighting extradition or by helping to facilitate it, according to the suspect’s wishes and the governing law.
Question: My father was arrested for a money laundering case. I learned this through his colleagues. It has been about 21 days and we do not know where he is. What can we do?
When a person is being charged with the commission of a federal crime, he or she usually goes through a federal arraignment process. There are specific guidelines regarding the individual’s rights and the procedures that the court must follow.
Moving home is a stressful experience at the best of times. Luckily you can entrust your conveyancing solicitor to sort all legal aspects – content that they know best and one less concern for you! However, what do you do when moving house goes terribly wrong?
When a criminal defendant makes the decision whether to plead guilty or go to trial, he or she often has much more to consider than whether he or she is actually innocent. The risks of being found guilty by a judge or jury are substantial, causing some innocent people to plead guilty in order to avoid them. A criminal defense lawyer can discuss the pros and cons of each option, but it is ultimately up to the criminal defendant to make this critical decision.
The only thing that is clear is that inheritance tax needs to be reformed. How it ought to be reformed remains disputed. Even a meeting of the federal and state finance ministers did not deliver a breakthrough.
The United States Constitution provides certain rights to all individuals, even those who are locked up for engaging in criminal activity. Prisoners who are aware of their rights may choose to make a claim against the prison where they are housed if these rights are being violated.
While the rights of people while imprisoned are fewer than those of free citizens, inmates still have many rights. This includes the right to medical treatment for physical and psychological needs.
Wirtschaftswoche reported on its website that Germany is the country with the largest number of company takeovers and mergers in Europe, with the trend continuing to rise across Europe.
A recent Supreme Court case questioned whether a Facebook rant by an Allentown, Pennsylvania man should be considered an invocation of his right to freedom of speech protected by The First Amendment to the United States Constitution, or whether it should be considered a criminal threat.
Since Facebook’s launch, millions of users have been drawn to the site to give friends updates, share pictures and reconnect. As such, it has provided people with a platform to communicate information in a way that they may otherwise never have considered. While posting information on Facebook may give people a sense of anonymity especially if their profile does not reflect their true identity, posting certain information on Facebook may provide the basis for a lawsuit.
Debt collectors sometimes use aggressive tactics to secure funds for their clients. However, if they overstep their legal bounds, they may be subject to harassment charges or other causes of action.
Dubai Court ordered developer to compensate buyer for the shortfall in the size of the sold property and all its supplemented areas.
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.
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.
The introduction of the national minimum wage does not only apply to direct employment relationships; general contractors are also liable for their subcontractors.
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?
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.
Few people have ever asked themselves the question, “who will manage my social media accounts after I die” but Facebook may have changed that.
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?
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.
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?
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.
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.
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?
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.
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.
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.
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?
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.
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.
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.
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.
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.
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?
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?
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.
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.
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.