Civil Rights Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Civil Rights.
April 25, 2016 By HG.org
One of the most common types of consumer fraud is auto dealer fraud. A claim of this nature can arise from a number of misrepresentations, deceptive practices or other unethical or immoral behavior. When consumers feel scammed by auto dealers, they may consider hiring a lawyer.
April 22, 2016 By The Sehat Law Firm, PLC
The LAPD is issuing more and more tasers to it's officers as a way to help subdue a suspect. But what happens when tasers do not do the job?
April 17, 2016 By HG.org
Every years, millions of products are recalled for various reasons. Recalls affect the very smallest of items such as children’s toys to large objects such as vehicles. When a product is recalled, it is usually due to some safety concern. Knowing the rights associated with recalled items can help consumers.
April 15, 2016 By Baurkot & Baurkot
In the United States, all people have rights. It does not matter who you are, what country you are from, or what your status is in the United States. No Human Being is Illegal. If you are stopped by Police Officers, Immigration Agents or other public authorities, you have rights. As long as you are within the borders of the United States, you have rights. Know them. Use them.
April 12, 2016 By HG.org
Preliminary hearings and arraignments are pre-trial proceedings that take part in criminal cases. They are similar in nature, but they have important differences. While the process involved varies by state, the general process consists of the following:
March 24, 2016 By HG.org
Many businesses record phone calls that come into the business as a matter of practice. This may be to keep a record for future use, for training purposes or to protect the business’ interests. However, if a customer wants a copy of the conversation, he or she may have difficulty acquiring it.
March 24, 2016 By Just Rights
This article provides a general overview of the European human rights system and how to bring and prepare a case before it.
April 5, 2016 By Just Rights
An overview of the appeal procedure before the Grand Chamber against judgments of the European Court of Human Rights.
March 21, 2016 By Just Rights
This articles provides guidance on how to make a request for interim measures before the European Court of Human Rights.
March 31, 2016 By Just Rights
Here are guidelines on how to lodge an application before the European Court of Human Rights. According to article 34 of the European Convention on Human Rights, individual applications can be lodged with the European Court of Human Rights:
March 17, 2016 By Just Rights
An introduction to the European Court of Human Rights.
March 29, 2016 By Just Rights
An introduction to the European Convention on Human Rights.
March 13, 2016 By HG.org
This is the information age of electronics, data, computing and the internet. Cameras and the ability to capture photos and video are everywhere. Protecting private information is no longer an easy thing to do. This could allow one’s likeness or attributes to be used in various ways that allow others to make money. The protection of personal information, likeness and private data is covered under the law.
March 10, 2016 By Kydalov & Partners
In recent years, medicine has reached the heights, including in matters of surrogate motherhood. Ukrainian legislation regulating the issue of surrogate motherhood pretty good, but if you consider this question wide enough, you'll notice that even the liberal Ukrainian law allows some discrimination because it is said exclusively about the couples who are in a registered marriage.
March 9, 2016 By Hebets & McCallin
Last month a federal magistrate judge in California ordered Apple to bypass the security protocols on an iPhone 5 that belonged to one of the San Bernardino shooters. This public order ushered in what has become a national spectacle, pitting the FBI and many Americans against Apple and Privacy proponents.
March 8, 2016 By Studio Legale Ferraro Guglielmi
The consular and diplomatic protection's public law studied the interaction between the State’s law and the supranational legal orders
March 8, 2016 By Soteris Pittas & Co L.L.C.
In a recent case, the Supreme Court of Cyprus (single Judge), in certiorari proceedings, decided to cancel a warrant issued against a Cyprus law firm for the search of its premises and offices on the ground that the law firm illegally withheld certain important documents, concerning the commission of serious crimes by the lawyer’s clients.
March 3, 2016 By GRP Rainer LLP
Even during carnival time there are limits. According to a ruling of the LAG Düsseldorf (Regional Labour Court of Düsseldorf), anyone misbehaving too much during office festivities for carnival risks being fired (13 Sa 957/15).
February 25, 2016 By GRP Rainer LLP
Anyone who wishes to arrange their estate according to a contract of inheritance should note that a contract of inheritance can have a strong binding effect, as demonstrated by a ruling of the OLG München (Higher Regional Court of Munich) (31 Wx 280/14).
March 1, 2016 By GRP Rainer LLP
It is possible for assets to be transferred to the prospective heirs during the lifetime of the testator. This is then referred to as an anticipated inheritance, which frequently occurs by way of gifts.
February 25, 2016 By GRP Rainer LLP
Investors in open-ended real estate funds which have since gone into liquidation can still assert claims for damages. Their prospects have improved, thanks to the jurisprudence of the Bundesgerichtshof (German Federal Court of Justice).
February 24, 2016 By GRP Rainer LLP
Company founders have to come to a decision regarding the corporate form of their new business. The favourite is often the Gesellschaft mit beschränkter Haftung (limited liability company) – GmbH.
February 16, 2016 By Hammond, Minciu and Associates
In the 1930’s smoking was seen as the “in” thing to do. Social and economic pressure was such that no-one knew or cared about the consequences of smoking. This was also true in the 1950’s and early 1960’s. Romania allowed this until recently.
February 15, 2016 By HG.org
Identity theft is a crime that occurs when someone obtains another person’s private information in a wrongful manner through fraud or deception, usually so that the perpetrator can achieve economic gain. When identity theft occurs, there are two main parties who may wish to seek legal counsel: defendants and victims.
February 12, 2016 By Soteris Pittas & Co L.L.C.
An efficient exchange of information on criminal convictions referred to as the European Criminal Records Information System has been introduced between Member States in order to help improve the security of citizens within the European Area of Freedom, Security and Justice.
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.
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).
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.
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
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.
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.
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.
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.
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.
As Americans, our online and offline lives are almost always intertwined, affecting the way we live, work and communicate.
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.
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.
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.
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.
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.
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).
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.