Legal Article Written by HG.org
Child pornography is one of the most taboo subjects in the country. It strikes fear in society. In some situations, someone may suspect child pornography and wish to report it.
Malpractice occurs when some form of negligence, such as a misdiagnosis, treatment after the surgery, mismanagement of care, treatment errors or the continuing care plan of the patient when they have been released from the hospital.
Individuals who want to be lawyers generally must pass a bar exam. This test is perceived as one of the most grueling in the country, requiring many individuals to invest an entire legal education and post-graduation months preparing for it. The test is created in such a way that it should indicate whether a person is qualified to practice law in a given jurisdiction.
In some situations, a concerned parent or other individual may petition the court for an emergency hearing to grant an order regarding custody or visitation rather than wait for the next available hearing date on the docket. However, such hearings are limited to those situations in which a true emergency is at stake.
Emails often do not disappear. Even if someone has deleted them, it is possible that they still exist in some form somewhere. Like with other pieces of documented evidence, an email can be used against someone in a case. However, emails have specific characteristics that put their authenticity into question.
If you have been wronged by another, you may consider pursuing a legal claim against the person who harmed you. However, before taking this action, you may consider whether your claim is viable. Some considerations in making this assessment include:
When considering pursuing a particular case, a potential plaintiff must determine whether the case is worth pursuing. While some clients feel that pursuing the case is necessary because of “principle,” unless the client has significant financial means to justify bringing forth a case that will yield a lower damage award than the associated legal expenses, making this determination is usually a financial decision.
It is not uncommon for a person to interview multiple lawyers before deciding which one to hire. Just as clients may interview lawyers, lawyers may conduct their own assessment of a case. Some of the factors that lawyers may consider when determining whether or not to take a case include:
Statutes of limitations are a set of regulations governing the amount of time after a cause of action arises by which the case must be brought or be barred from being heard by the court.
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.
Security breaches continue to be a serious threat to businesses and private citizens. When law firm computers are hacked, sensitive client information may be leaked to their detriment. Whether the law firm is liable for such breaches depend on a number of factors.
In 2010, Congress implemented a new act that provides for monetary incentives for whistleblowers who report Securities and Exchange Commission violations. Whistleblowers are individuals with important information about the illegal acts of others.
With more and more people being infected with sexually transmitted diseases, more jurisdictions are beginning to recognize causes of action by infected individuals against their sexual partner who infected them. There are a variety of legal causes of action that may be implicated in this type of situation. However, different jurisdictions have different rules regarding these types of actions.
Slander occurs when a person makes an unprivileged false statement of fact that causes harm to that person or his or her reputation. Determining the amount of damages in a given slander case can help the plaintiff and lawyer determine the potential value of the case and if it is worth pursuing.
In some situations, California landlords decide to rent out their properties until they are able to find a buyer. When a unit is sold that is occupied by a renter in California, the renter still has many tenant rights that must be honored and respected. Simply selling the property does not usually justify an immediate eviction of a tenant.
For many couples, real property represents the most valuable and expensive asset that they own. Since the couple will no longer be living together in the same house, they must often reach some sort of decision regarding which party will receive the house.
Sometimes after a person has taken certain medications, he or she discovers that this medicine has caused unanticipated medical issues. A person may be entitled to compensation for injuries caused by defective products. However, a person only has a limited amount of time in which to bring a lawsuit in order to recover.
When someone receives a summons, it is usually to indicate that they are being named as a defendant in a lawsuit. If the person fails to respond in a proper manner within the specified timeframe, the plaintiff may be able to receive a default judgment against the defendant in which they receive the relief asked of the court. Particular complexities can arise if the defendant resides in another state.
A person’s Last Will and Testament declares how he or she wants property distributed upon death. This legal document has great power, and courts follow the directions when possible. However, a will contest can disrupt probate proceedings and derail them entirely.
Child pornography is a crime that deals with some of the harshest and most serious laws that a person can face. Regardless of the specifics of the event or material involved, the first offense is met with heavy punishment, and subsequent offenses result in even harsher criminal sentences.
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.
While many individuals have heard of contesting a will, a trust may also be contested in certain circumstances. If a trust is successfully contested, the trust can be modified or even eliminated in some situations.
The Social Security Disability and Supplemental Security Income programs both provide monetary benefits to disabled individuals although they are based on different economic eligibility criteria. Social Security Disability is available to workers who have earned enough work credits over their lifetime and within the last ten years.
If a person owes money to a creditor, the creditor or debt collection company may commence a debt collection lawsuit against the debtor. If the creditor secures a judgment, it can then take steps to collect on it through garnishment or attaching a lien on the debtor’s unexempted property. There are often several ways that a debtor can avoid these negative results, including the following:
While college represents many firsts for many students, some of these first-time experiences yield negative consequences, such as being the first time that some students have been away from their parents for any meaningful period of time. This new liberty and lack of supervision sometimes results in destructive behavior that has the potential to land the student in legal troubles.
Debt collection companies are often given a specific protocol to follow when collecting debts. Their owners may set out specific rules for these transactions. Additionally, federal and state laws often impose additional requirements regarding the collection of debt.
Technology has progressed to allow all manner of surgeries that extensively prolong human life to be performed with varying types of machinery. Despite this, there are in excess of 225,000 cases of patients who die while receiving medical treatment due to malpractice.
Unlike most other wounds or damage to the body, spinal trauma may be long-lasting and life altering. When vertebrae are separated or traumatized, various effects may arise such as swelling, back pain, temporary paralysis or permanent paralysis.
At times, new accidents may affect pre-existing wounds or damage done to the body from other accidents. The new injuries may cause previous ones to become worse, or they may cause brand new issues coupled with old issues. Typically, the previous harm done to the body that may be worsened has to do with the neck, back and/or the head. In some cases, prior injuries may have long since healed. In other cases, a new injury exacerbates an ongoing issue.
A common business practice for retail stores and other establishments is to have a manager or other agent of the business deposit all cash and check after the close of the business day. This is often completed after the bank has already closed. The agent usually drops a pouch in a deposit box for this purpose.
In Massachusetts, sellers of property have certain duties. One such duty is to disclose certain defects of the property. If the seller fails to disclose such defects, the buyer may have remedies available to him or her.
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:
Recognizing the power of first-hand user experiences, some businesses flood review sites with positive reviews about their product or service by paying writers to manufacture this content. Rather than reading a real review by someone who has actually used the product or service, the consumer is duped by someone who has no contact with the product or service other than a paycheck.
National studies have found that many consumers check online reviews before making a purchase. Additionally, many consumers directly cite such reviews for the reason why they chose a particular product. Hoping to tap into the upside of this strategy, some businesses encourage consumers to post positive reviews.
Individuals who have a criminal record often experience difficulty in acquiring employment. Many employers obtain a criminal background check in order to flesh out potential problems. However, sometimes these checks include inaccurate information. Furthermore, some individuals may wish to clear their record to avoid this potential problem and others.
A wrongful death occurs when one person’s negligence or intentional acts takes away the life of another, resulting in damages to a surviving family member. A wrongful death may occur because of an automotive accident, workplace accident, homicide, medical malpractice or any other manner in which the law holds one party responsible for the death. However, the plaintiff only has a certain amount of time in which to file a claim.
Generally speaking, unmarried couples do not have the same property rights as married couples. While a court may help divide a married couple’s belongings and make other decisions regarding their severance of the marital relationship, they are more hesitant to do so and may lack the authority to do so when cohabitating couples are concerned.
When a person owns land, he or she may assume that he or she is the sole owner of all of the land and can restrict others' use of the land. However, through an easement, another person or entity may have the right to a limited use of the land.
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.
In the United States, it is unlawful to be married to more than one person at a time. Violating this law can have criminal and civil repercussions.
Like the answer to so many legal questions, it depends. As more and more people are using social media, this area has become a common ground for employees to post information about their jobs, their personal lives, their views and other aspects of their lives that do not pertain to their work. However, in some cases, employers may have grounds to fire employees for their social media conduct.
Many older workers find it difficult to find employment after being discharged from their previous employment or reentering the workforce after time out of it. Some employers may inadvertently favor younger employees. Rejecting older applicants in favor of younger ones may expose employers to liability under state and federal laws.
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination against individuals who are age 40 or older. It makes it unlawful to use a person’s age if he or she is at least 40 years old as a consideration in employment decisions in most cases.
Millions of people across the country consider themselves or are perceived as having a disability. However, many of these individuals wish to work and benefit society. Employees and applicants are entitled to protection under the federal Americans with Disabilities Act.
Despite numerous labor and employment laws on the federal, state and local levels, workplace discrimination continues to be a problem in the United States. When employers do not follow applicable laws that prohibit workplace discrimination, they expose themselves to potential civil liability.
Hospitals, nursing homes and other medical providers owe patients a greater degree of care than one person owes another. This is because they are entrusted with the medical treatment of individuals. When a nursing home or hospital is negligent, the victim may pursue a medical malpractice against it.
Dog bites continue to be an ongoing problem, resulting in serious injuries and civil lawsuits being filed. Knowing which parties share responsibility for the injury helps identify potential defendants in a personal injury case.
While it can be devastating to discover that your spouse has been unfaithful and broken his or her vows, laws are increasingly finding such information irrelevant. Most heartbalm statutes have been eliminated across the country, limiting the rights of the aggrieved spouse to seek compensation from the adultery partner.
In 2011, the United States saw an uptake in the number of cases filed with the Equal Employment Opportunity Commission that alleged workplace discrimination on the basis of religious discrimination. In that year, 4,151 cases were filed, the highest number of filings that existed for the last 20 years.
When a dog bites someone, it is easy to blame the dog. However, the dog likely does not have any financial resources from which the victim can be compensated. Therefore, the law imputes responsibility on the dog’s owner.
Each state has enacted a statute of limitations for personal injury cases. This statute specifies the time in which a claim must be filed in order for the victim to move forward with his or her case. A personal injury lawyer can advise clients on the necessity of filing a claim and the appropriate timing to file their claim.
Unlike other states that use a “one bite” rule for dog bites, California imposes a strict liability statute that holds dog owners responsible for the injuries their dogs cause. However, there may be other potential defendants based on the circumstances involved in the case.
Plaintiffs who file a personal injury claim in California must be aware of the various limitations of personal injury claims in the state. Being fully aware of this information usually requires a thorough understanding of civil procedure in accordance with California law. Personal injury victims must ensure that they are acquainted with the following laws in order to avoid compromising their own case.
Loan modifications are most commonly made to mortgages, often because homeowners are having difficulty making mortgage payments. A loan modification lawyer restructures an existing contract to modify the repayment terms of a loan.
When a person files taxes in which he or she has paid a greater amount of taxes than his or her tax liability requires, he or she can receive a tax return. In some situations, a person may have taken the steps to consolidate student loans and may look for other ways to save. Some possible ways to smartly use these funds include:
Every state has its own unique set of rules regarding the process of serving legal papers on others. These are defined under the applicable rules of civil procedure.
Due to federal and state law, it is generally illegal to discriminate against individuals due to certain protected classes identified by law. Federal law prohibits employment discrimination based on age, disability, sex, gender, religion, race and national origin. Many of these prohibitions are based on the Civil Rights Act of 1964, and they cover all Americans.
Disorderly conduct is one of the most often committed crimes in Utah, as well as throughout the country. However, this crime is often defined in a vague manner and can often entangle a person in its web for some behaviors that are not very serious. Knowing what the charge alleges and the potential penalty upon conviction can help a person better prepare a defense to the crime.
Like the vast majority of other states, California is considered an “at-will” employment state. This designation provides great latitude to employers who can terminate employees for nearly any reason. However, there are certain situations in which an employer may terminate the employment relationship that are not legal and that amount to “wrongful termination.”
Applicants for SSI disability or SSDI disability benefits go through a sequential evaluation process. Clearer and more serious impediments are handled more quickly, including a special route for terminal claims. There are also multiple appeals that claimants are provided throughout the process.
Motor vehicle accidents are so common that states require all drivers to maintain minimum liability coverage. New Jersey is no exception. As a condition of driving, motorists are required to carry liability insurance so that individuals do not have to be responsible for injuries that were caused by another person’s negligence.
Medical malpractice occurs when a healthcare professional deviated from the appropriate standard of care and, as a result, injured the patient in the process. In order to support a medical malpractice case, it is usually necessary to have medical experts piece the information together into a cohesive story.
In a medical malpractice case, the plaintiff bears the burden of establishing that the medical professional provided treatment in a negligent manner. This is often expressed as the medical professional deviating from the accepted standard of care. These lawsuits have transformed how one is treated medically.
Being convicted of a DUI in Illinois can be serious and lead to significant penalties. These include jail time, fines and revocation of the defendant’s driver’s license.
One of the most important decisions to make during the divorce process is which parent or parents should have custody of the children. There are several ways that this decision can be made, and several factors that affect this decision.
Veterans, servicemembers and survivors may be eligible to receive VA disability benefits if certain circumstances arise.
With global competition, competitive marketplaces and a culture in which employees are always expected to be available, greater demands are placed on employees. Supervisors may act inappropriately by cursing, yelling and threatening staff. While laypeople may consider such action “hostile,” the legal definition of a hostile work environment is much different than the colloquial term.
Many individuals enter into prenuptial agreements in California as a precaution in case of divorce. Prenuptial agreements can help protect assets and income and protect spouses from default divorce rules. Although spouses will hope that they will not need to use their prenuptial agreement, it is there for them in case of divorce. Therefore, an effective strategy for creating a prenuptial agreement is to consider how the divorce should be handled.
When a contract is clearly worded and contains all of the relevant information, it is less likely to be misunderstood by the parties. Additionally, if one of the parties has to have the contract enforced by the court, a clear contract can dramatically help.
A non-compete agreement or covenant not to compete is a legal agreement in which one person, usually an employee, agrees not to compete against the business for a certain amount of time. California has very specific rules regarding such agreements.
Due to the tragic consequences of bullying, a multitude of laws, programs and policies have been enacted to curtail this aggressive and damaging behavior. Even seemingly minor actions such as name calling can have lasting effects upon the psyche of those that must tolerate such ridicule from others.
Being pulled over by a law enforcement officer can be a stressful situation, even when the person being pulled over has done nothing wrong. In many cases, the law enforcement officer has the discretion of whether or not to give the individual a ticket or let him or her off with a warning. Some proactive steps can help increase a person’s likelihood of avoiding a ticket, including the following measures:
While all 50 states now have no-fault and fault-based grounds for divorce, the process of getting a divorce is different in each state. Read the information below to learn about how the process of getting a divorce in California and consider seeking legal representation to assist you with this process.
When a legal dispute arises, many individuals believe that litigation is the only way out. However, there are a number of ways that legal conflicts can be resolved without resorting to litigation, including negotiation, arbitration and mediation.
In some instances, a grandparent may wish to get a court order that specifically establishes his or her rights. Missouri has very specific laws on this subject and a process in which a grandparent may ask a court to provide for visitation rights.
Sometimes when individuals travel to the United States, they will also want their domestic help, such as a maid, housekeeper or nanny to travel with them. In order to accomplish this objective, the traveling individual must petition for a B-1 Visa.
Like in other states, nurses are governed by a state board. This board is responsible for vetting nurses and enforcing rules that may impact nursing licenses.
People break up and get divorced every day. Many of these relationships may end in an amicable fashion. Even if the relationship involves some bitterness and drama, the only turmoil is usually emotional.
One of the most common questions that personal injury attorneys are asked is “How long will it take to resolve my claim?” The answer to this question varies. Cases can take different amounts of time because of a number of important factors.
Many personal injury attorneys retain the services of an expert witness. These witnesses can provide detailed information that may help prove their side of the case. However, accident victims must determine whether the additional cost of hiring an expert will be justified.
When a person is involved in an accident, he or she may be confused about what happens next. Based on tort principles, a person who sustains an injury that is caused by the negligence of another is entitled to compensation for the damages that he or she suffers as a result of that party’s negligence.
When a person is injured in an accident, he or she may have to submit a claim to the relevant insurance company. Many times, this process can be long and confusing. This situation is exacerbated when the victim is trying to recover from the accident.
The aim of any employer is to have a hazard free work environment for the safety of employees. A hazardous workplace represents a greater likelihood that an accident involving employees may result.
Many people sustain damage to the head during accidents on the road, in the home or in attacks. These are the most standard form of injuries during accidents, and they may lead to severe trauma or death.
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.
When a person hires someone else to provide goods or services to him or her, the terms of the contract dictate when the work is to be performed or the goods to be provided. However, situations can occur in which the contractor is not providing timely delivery, and the customer may pursue legal action to enforce his or her rights.
Sometimes, there is not much change between the interactions on the playground and those in the workplace. Bullying behavior may continue as individuals age and work together. Whether this conduct is legal or not depends on a variety of factors.
Several states have recognized registered domestic partners for many years, longer than same-sex marriages have been recognized in many jurisdictions. Although the Supreme Court’s decision in 2015 legalized same-sex marriage across the country, many registered domestic partnership laws remain intact.
Texas Penal Code §22.021 defines the crime of aggravated sexual assault and what elevates a sexual assault case to an aggravated sexual assault. Aggravated sexual assault is considered more serious than typical assault and carries with it heightened punishments.
Pennsylvania offers a number of different insurance options in addition to the mandated personal injury protection requirement. Limited tort insurance minimizes the damages that a claimant can receive, but some exceptions allow the victim to recover more damages.
Due to the potential for serious damage, the trucking industry is highly regulated. Truck drivers must follow a complete set of rules regarding the amount of miles that they can drive in a day, the number of hours a day that the truck driver can travel and when they must take breaks. The large nature of commercial vehicles makes them a potentially dangerous object on the roadways. As such, truck drivers must take their stopping distances into consideration.
If a legal permanent resident wants to apply for naturalization, his or her conviction of a DUI may impact this decision. However, there are many factors that may be considered.
Workers’ compensation provides monetary and other benefits to workers who sustain work-related injuries or who develop illnesses because of their work. The availability f benefits depends on the nature of the illness or injury and state laws that govern workers’ compensation benefits.
Workers’ compensation provides a system in which a person who is injured on the job can receive compensation for such injuries without having to sue his or her employer. However, not all claims are approved, leaving the worker injured and uncompensated.
Workers’ compensation is an insurance product that provides monetary compensation and paid medical benefits to workers who are injured within the scope of their work. Workers’ compensation laws are primarily based on state law. State law governs how the workers’ compensation process works and which employers are required to have insurance.
The relationship between an insurance company and insured is governed by the insurance contract. However, if the insurance company fails to pay out on a valid claim, the insurance company risks being liable for bad faith. In order for an insured individual to prevail against his or her own insurance company, there are certain legal elements that the insured must prove.
Car accidents happen every day. As such, states have developed their own sets of laws to handle car accident claims. How a claim is handled primarily depends on whether the accident occurs in a fault state or a no fault state.
Given the proliferation of online material, the risks of misusing a person’s name or other information online have increased. Even obscure blogs have thousands or millions of readers. Using a person’s name or other information may subject publishers to very serious legal liability.
If a father believed that a child was his and this is later disproved by genetic testing, the father may consider seeking reimbursements for child support payments that he made. Whether this is a possibility depends on state law, as does any continuing obligation to pay support.
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.