Civil Rights Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Civil Rights.
February 10, 2017 By Rogers Garcia Patton PLLC
Incriminating statements collected during a "conversation" be used against you if you haven't been read your Miranda rights? The United States Court of Appeals for the First Circuit in the case of United States v. Swan late last year ruled yes, because you were not in custody when you made the statements.
February 5, 2017 By HG.org
Today, there are many ways that a person can infiltrate the life of another and cause him or her harm. Romantic partners may lie about their background, neighbors may have a sordid history of sexual abuse of a minor, employees may steal and domestic workers may have a track record of fraudulent activity. To combat these realities, people may turn to a private investigator to inspect the background of someone in their lives.
February 3, 2017 By GRP Rainer LLP
Anyone who publishes real estate adverts without the requisite information relating to the energy performance certificate is in breach of competition law. That was the verdict of the Oberlandesgericht (OLG) Hamm [Higher Regional Court of Hamm].
February 1, 2017 By GRP Rainer LLP
Whether an employee’s holiday entitlement continues to exist after his death is still disputed. The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, has since turned to the Court of Justice of the European Union (CJEU) for clarity on the matter.
February 1, 2017 By Gehres Law Group, P.C.
Over the years, clients have inquired about the legality of installing video cameras on their privately owned commercial real estate or business premises. The short answer is that such recordings are legal in California. However, a more complete answer requires that legal counsel for the client determine whether such recordings violate (or may foreseeably violate) a person’s constitutional right or reasonable expectation of privacy in the recorded area.
January 31, 2017 By GRP Rainer LLP
Fraud relating to one’s working hours may constitute good cause justifying exceptional notice of dismissal. Having said that, a ruling of the Landesarbeitsgericht (LAG) Hamm [Regional Labour Court of Hamm] shows that for this to happen there needs to be admissible evidence to this end.
January 30, 2017 By Layfield & Barrett
Consumption of alcohol below the age of 21 is a criminal offense. Ensure that you are not breaking any of these other laws regarding underage drinking.
January 20, 2017 By GVZH Advocates
Following a leak in early December, the European Commission has officially published the finalised proposed new legislation which aims to strengthen privacy in electronic communications. The Regulation on Privacy and Electronic Communications (“Proposal”) aims to repeal the ePrivacy Directive. These rules will be updating existing laws and bringing them in line with the new General Data Protection Regulation (“GDPR”), forming part of the Digital Single Market Strategy.
January 16, 2017 By William C. Head, PC
Georgia implied consent law is outdated, flawed and incomplete. A Georgia DUI Lawyer must know how to challenge the admissibility of implied consent in pretrial motions, to help win the DUI case
January 12, 2017 By GRP Rainer LLP
The legal provisions pertaining to labour leasing, also referred to as temporary employment or subcontracted work, are being shaken up.
January 12, 2017 By AB LexMall & Associates
Citizenship in Ghana is a question of law and is governed by the Citizenship Act, 2000.
January 9, 2017 By GRP Rainer LLP
Bogus applicants who do not actually intend to take up a post cannot subsequently invoke anti-discrimination legislation. This comes from a ruling of the Court of Justice of the European Union (CJEU).
December 27, 2016 By Hazim Al Madani Law Firm
Two types of oaths include the Strict Oath and the Completing Oath.
December 22, 2016 By GVZH Advocates
Following the introduction of the General Data Protection Regulation, the European Commission has been working on reforming the E-Privacy Directive.
December 18, 2016 By HG.org
It is not uncommon for employers to request to run a background check on a person before extending an employment offer. However, complications can arise during this process.
When a person has been convicted for one crime, he or she cannot be convicted of the same crime again. This means he or she is not subject to multiple punishments for this same offense against the law. However, there are several complications that may lead to other complexities in the case.
December 13, 2016 By Arida Law Firm
Filing divorce case in Jordan need a legal procedure, and at the end the woman will have a divorce and shall get her financial rights.
December 7, 2016 By Aleksey Pukha & Partners
In the course of the reform in the state registration system at 6 October 2016 was adopted the Law of Ukraine «On the Amendments to Certain Legislative Acts of Ukraine regarding the improvement of the official registration of rights to immovable property and protection of property rights» and it came into force almost one month later.
While the rights to assemble and to have free speech are provided under the First Amendment to the United States Constitution, a person can sometimes be found criminally culpable for actions taken during a protest or demonstration.
Many people recognize that when they are incarcerated that they lose many rights, including the right to privacy, the right to assemble and the right to free speech. However, simply being incarcerated does not mean that all important constitutional rights are extinguished.
Identity theft is running rampant in our country. If you are the victim of identity theft, there are some important steps to take to ensure that you can restore your credit and won't be charged for these fraudulent charges.
Many instances arise where a criminal defense lawyer is not a good fit with the defendant. While this may not be a common occurrence, it is an important issue that should be corrected quickly.
Station house detention places are those that hold specific suspects in police stations so that they may be questioned and interviewed through an investigation of crimes that these persons may be involved in or have participated in with others.
In many instances of an arrest, law enforcement officers seize property, money and possessions. It is often difficult and time-consuming to regain these items even after the arrest has been completed.
Excessive force is a violation of the United States Constitution. Some states may label the use of a taser stun gun when injuring a person as this excessive force.
Documents are the foundation of tax cases where crimes are suspected. Subpoenas are often issued that demand extensive documentation to back up a claim of offenses for evidence against someone that may have committed tax crimes.
Self-driving cars will undoubtedly become a widely-acceptable new technology in the near future. But, as with any new technology, mistakes can happen. In this case, dangerous car accidents that could ruin lives are a possibility, even though computerized cars are meant to make driving safer. And the manufacturers of these autonomous cars are pushing for protection from lawsuit through federal preemption. Here's why this could be a serious problem for drivers of autonomous cars.
“Unverzüglich” Is an Acceptable Deadline for Taking Remedial Action for Defective Products in Germany
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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).
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.
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.
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.
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.
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.
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
“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.
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).
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.
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.
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].
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.