GotTrouble Glossary Of Terms And Tips

The AARP stands for the american association of retired persons and serves the financial, health and legal needs of older adults The AARP claims more than 38 million older adult members. Through its large network of charitable affiliates, the AARP Foundation is committed to assisting older adults in finding affordable solutions to basic needs and problems while building social connectedness to - Read More

Accessory shares criminal liability for the criminal acts committed by another An accessory can be one or more who assist another in the commission of a crime. There are two types of accessories: Accessory before and after the fact Let's consider the classic bank robbery. Two suspects enter the bank with guns drawn and demand the tellers give them the cash. These are the principal actors - Read More

Expert trial witness that offers opinions on the mechanics and impact forces in traffic accidents To assist the fact finder at trial in understanding the forces and physical mechanics involved in an automobile collision, the lawyers may retain an accident reconstruction expert to provide their opinion of how the accident happened at the time of trial. These experts usually explain how and - Read More

An accomplice is someone who substantially assists another person in the commission of a crime Unlike the accessory, the accomplice is almost always present before, during, and after the crime or directly aids substantially in the commission of the crime. The accomplice will be vicariously responsible for the crimes of the principal defendant.   - Read More

Where two parties to a contract have agreed to accept new terms that differ from the original contract as a way of resolving a contractual dispute An accord and satisfaction is when a new agreement is reached between two contracting parties by mutually accepting different terms in order to discard the previous contract terms and which better reflects the contracting parties original intent.   - Read More

The accused is a person who is formally charged with a crime. Under our justice system, the accused is presumed innocent until proven guilty. For the accused to be convicted, the prosecutor must prove the accused guilty beyond a reasonable doubt. Under federal law, a suspect is called a target just before they are formally charged with a crime. Being a target means the suspect is - Read More

Acquittal is a unanimous verdict of not guilty at the end of a  criminal trial All jurors must agree to acquit or make a finding of guilt. Where a jury cannot agree on a unanimous verdict, the jury is considered hung, and the court must declare a mistrial.     - Read More

The ADA stands for the american with disability act and prohibits employers from discriminating against disabled individuals in the workplace The Americans with Disabilities Act, (ADA) of 1990, prohibits discrimination in the workplace against workers who have physical or mental disabilities, have a history of such disabilities, or are perceived as disabled. The ADA applies only to employers - Read More

The ADEA prohibits employers from discriminating against an employee or job applicant based on age The Age Discrimination Enforcement Act applies only to employers who have at least 20 employees. The federal government agency that enforces age discrimination laws is the EEOC.   - Read More

An immigration process for converting a person who does not have a green card status to a permanent resident Once the adjustment of status is granted, this person becomes the holder of a Green Card. The process often requires the assistance of a qualified Immigration Lawyer. Green Card Eligibility Requirements An Adjustment of Status commonly refers to obtaining a Green Card issued through - Read More

An "admission against interest" is an exception to the hearsay rule, which prevents out-of-court statements from being admitted into evidence at the time of trial This "admission against interest" exception to the hearsay rule applies to both criminal and civil trials. An out-of-court statement made by a party or a witness that, if true, goes against that person's legal or financial interest - Read More

A person's confession of having committed a criminal act A live, written, or recorded statement made by the accused admitting to having committed the crime for which he was charged or accused. An admission of guilt usually occurs after the police have interrogated the accused. Miranda warnings typically precede an admission of guilt.   - Read More

ADR is an out-of-court civil dispute resolution process Alternative dispute resolution refers to the process in which litigants can informally resolve their legal disputes without going through formal litigation and trial. ADR employs various methods and practices that parties can use to resolve their disputes, including mediation, arbitration, and settlement conferences. The court can order - Read More

In civil cases, affirmative defenses can defeat or limit the plaintiff's case against the defendant A fact or set of facts that operate to defeat a legal claim even if the facts supporting that claim are deemed true. For example, in the plaintiff's Complaint for damages, the plaintiff sets forth allegations against the defendant, alleging that the defendant is legally responsible for the - Read More

The illegal practice of discriminating against a prospective or actual employee based on their age is a violation of federal law A person's age, race, gender, and religious beliefs are constitutionally protected. Therefore, the act of discriminating against a person under any one of these pretenses is illegal and thus actionable under the law. Examples of Age Discrimination: Instances of - Read More

The age at which the law imposes adult legal responsibility The age (set by state law) is when a parent is no longer legally responsible for their child. In many states, the age at which the law recognizes the child as an adult is 18, while in other states, it's 20 years old. Turning the age of majority implies that one has more control over their behavior and can be a self-directing adult, - Read More

An intentional assault and battery resulting in severe physical harm to the victim An aggravated battery must result in actual physical violence. Threats of imposing serious physical harm alone are usually considered an assault, a misdemeanor in most jurisdictions. An aggravated battery usually involves a deadly weapon such as a gun, knife, hammer, or other blunt instrument and is almost - Read More

Assisting another in committing a criminal act The intentional act of helping or encouraging someone to commit a crime. Depending on the jurisdiction, an act of aiding and abetting can come before, during, or after the crime is committed. Under the category of Vicarious Criminal Liability, an aider, and abettor is criminally liable to the same extent as the principal - Read More

A false or prior name sometimes used to hide that person's true identity A name used by someone other than his or her real name. There are innocuous reasons to use a person's alias, such as referencing the person by his nickname, such as the nickname for Henry is Hank. The person assuming an alias can also use it for surreptitious purposes, such as when the alias is used to hide a person's - Read More

An alternative container is a funeral term used to describe an inexpensive box that is used to store human remains before cremation Alternative containers are generally made from wood or cardboard and may or may not be fabric-lined. Although the term “alternative container” is far more popular, this type of box may also be referred to as a “cremation container.” These two terms are - Read More

Ambien is a commonly prescribed sleeping pill Ambien is an effective and commonly prescribed sleeping pill for people that are sleep deprived. It is often used to treat insomnia brought on by anxiety and stress. Its extended-release version, Ambien CR, is said to rapidly dissolve into your bloodstream causing you to fall asleep over a longer period of time. - Read More

Judicial ruling that voids a marriage based on its short term Legally, the shortness of time can resemble a mutual mistake, thereby allowing the parties to rescind from the marriage contract. Annulment is different from divorce in that a divorce ends a valid marriage. An annulment renders the marriage void as if it had never existed. The Court may also annul the marriage because one of the - Read More

Anxiety can be a serious mental and physical health condition that instills in the person great fear of their past, present, and future Exessive forms of anxiety can cause:  Physical Disability Sleep Deprivation Panic Attacks Burn out Depression Medications physicians use to treat anxiety include: Xanax Zoloft Paxil Prozac Celexa     - Read More

Appellate court's review in civil and criminal law cases In most civil and criminal law cases, when a case has been tried, the losing party can appeal their case to a higher court to review the lower court's rulings. The appellate court is made up of a panel of judges who review the lower court's case and decides whether the case should be affirmed, reversed, reversed in part, or remanded back - Read More

Arbitration can be voluntary or judicially ordered by the court in a civil litigation Form of Alternative Dispute Resolution In civil court cases, a judge can order the parties to a dispute to engage in a non-binding arbitration where the matter is heard by an impartial attorney or retired judge. Both sides present their case to the arbitrator in a summarized form and in an informal setting, - Read More

Arbitration clause provides that all legal disputes be resolved by binding arbitration An arbitration provision in a contract clause that requires adverse parties to resolve their dispute by a private arbitrator and not through the court system. An arbitrator is usually a private retired judge. The process is fairly informal and inexpensive, and the matter can often be resolved - Read More

The initial court proceeding in which the accused is criminally charged and is asked how they wish to plead to the charges It is the defendant's first formal appearance before the Court. The Court reads the formal charges against the accused and then asks them if they are without counsel and, if so, whether they want to consult with a lawyer before proceeding and whether they will need - Read More

Arson is the intentional setting of fire to a dwelling or property of another The crime of Arson is usually considered a crime against property. The property can be a private dwelling or a commercial building. Most states no longer legally require that the property be a dwelling. The intentional act of burning personal property, structures, and enclosures such as a shed is sufficient to - Read More

An affirmative defense in civil cases in which a defendant must prove that the plaintiff knew or should have known of a dangerous condition and voluntarily exposed themselves to the risk. - Read More

Receiving an IRS audit letter  In sending out audit letters, the Internal Revenue Service will occasionally make a mistake. Still, most often than not, the taxpayer has relocated and has yet to inform the IRS of their new address.  If the IRS can prove it sent the letter to the last known address, it has satisfied the law. The other possibility is that the taxpayer ignored or accidentally - Read More

Temporary release from jail through posting sufficient collateral or paying a percentage of the bail amount in cash The money or collateral is used to secure the temporary release of a person charged and jailed for a crime. A criminal defendant has a constitutional right to fair bail. - Read More

Also known as a bail agent provides bail bonds for people charged with a crime allowing them to be temporarily released from jail pending further proceedings Bail bond agents usually charge a fee of 10 percent of the bond amount. The bail bondsman functions as a surety by pledging money to the court for the person's bail and by promising the defendant will appear back in court for all noticed - Read More

A judicial hearing to determine whether a prisoner can be released from jail pending further proceedings The bail hearing is the procedure by which the court will determine the amount of bail that should be set for your release or whether you should be released on their own recognizance (O.R). The prosecutor and defense lawyer will present their bail arguments to the court at the - Read More

Bankruptcy lawyers help people get their debt legally discharged through bankruptcy court and provide clients with a fresh start Bankruptcy attorneys represent people facing life-changing financial trouble. Bankruptcy lawyers can help evaluate the extent of their client's debt and help them determine whether filing for bankruptcy is a financially and legally sound option for them to consider, - Read More

A battery can be both a civil and criminal offense Criminal Battery A criminal battery is the intentional, offensive, and unlawful touching of another with the intent to harm that person. A criminal battery requires a specific mental state (men's rea), otherwise known as criminal intent to harm the person injured. Civil Battery Like a criminal battery, a civil battery requires a harmful and - Read More

Bed Bugs Infestation can result in the landlord being liable for failing to maintain their property in a safe and habitable condition Most states permit bed bug victims to take legal action for physical injury, emotional distress, and personal property loss and damage. Landlords can be held liable for failing to inspect and take reasonable measures to prevent bed bug infestation, such as - Read More

Bedsores are scraping injuries to the skin and underlying soft tissue resulting from prolonged contact and pressure on the skin and is usually a sign of elder abuse Bedsores can happen to anyone but usually affect people confined to a bed or who sit in a wheelchair for long periods of time. Bedsores are commonly found in cases involving elder abuse where the patient is confined to a bed and the - Read More

Beneficiaries are those designated individuals named in a will or trust that will inherit a share of the testator's estate A beneficiary of a will or trust are those individuals or entities that benefit from the conveyance of the property held in trust by the trustee for the exclusive benefit of the designated beneficiaries. - Read More

Determining the best interests of the child is the guiding judicial principle followed in all divorce proceedings In divorce law, a judge's most compelling legal standard in deciding legal and physical custody, visitation rights, adoption, or almost any other family-related legal matter is whether the ruling is in the child's best interests.     - Read More

The government's burden of proof in any criminal matter is to prove every element of the crime beyond a reasonable doubt In federal criminal cases, the jury is given the following jury instruction to follow, which sets out the legal meaning of reasonable doubt as follows: Federal Jury Instruction 3.5 - Proof Beyond A Reasonable Doubt Proof beyond a reasonable doubt is proof that leaves you - Read More

The crime of having multiple spouses concurrently It is against the law to have multiple and concurrent spouses. Such a marriage is considered legally void. A person who knowingly enters into multiple marriages is guilty of bigamy. These types of cases are rarely prosecuted. In 2020, an amendment to the Utah State Law on Bigamy (Polygamy) was signed into law, making having multiple wives - Read More

Amendments to the constitution The People of the United States reserve the rights set forth in the U.S. Constitution. These rights are better known as our Bill of Rights or the first ten amendments to the Constitution. These fundamental rights include, but are not limited to, the writ of habeas corpus, no bill of attainder; right against unreasonable search and seizure; right against double - Read More

A legal document containing the basic terms of sale between buyer and seller A Bill of Sale has the legal effect of transferring ownership of personal property from the seller to the buyer. To make the Bill of Sale legally enforceable, the seller must transfer all of their actual legal ownership of the goods or personal property to the buyer. In many states, a Bill of Sale usually applies - Read More

Opposing shifts in emotions and moods resulting in unstable and depressed mental states Estimates suggest that around 4.4% of U.S. adults will experience bipolar disorder. The causes of bipolar disorder are not understood. Many clinicians believe genetics play a significant role and can be aggravated or triggered by family, social factors, and life-changing trauma. Symptoms of bipolar - Read More

A lawful and mutual promise between parties in which one or both failed to perform their promise A contract is a promise for a promise in which there is a mutual agreement between the contracting parties as its essential terms. The material and essential terms of the contract must be clear and unambiguous. Should an employer and employee under an employment contract, or a seller or buyer - Read More

The criminal act of breaking and entering into another's dwelling without legal permission and with the intent to commit a crime inside that dwelling Today, the crime of breaking and entering is no longer limited to dwellings but can apply to vehicles or any other type of enclosed structure. If the crime is charged as a misdemeanor trespass, the offense can be punishable by up to six months - Read More

Bribery is the offering or receiving something of value to influence the actions of a public official The giving or taking of money or something of value to influence a public official in the performance of their duties. One example is the secret payments to officials to secure domestic or foreign government contracts. A recent bribery scandal involved public university administration - Read More

Broken and fractured bones are considered serious injuries in personal injury cases A personal injury accident resulting in a plaintiff sustaining broken bones or fractures is considered a severe injury, especially if they involve the plaintiff's leg and particularly if it involves the fibula or tibia bones. Multiple breaks or fractures of the same bone or connecting bone will have a - Read More

Each state has its own housing and building codes that serve different purposes and functions Housing Code The housing code comprises state and local laws that legally require property owners and landlords to maintain their properties up to code and ensure that they are kept tenant-habitable. In California, for example, with each property lease, there exists an implied covenant that the - Read More

The plaintiff in civil cases must prove its case by a preponderance of the evidence and in criminal cases the burden of proof must be beyond a reasonable doubt In civil cases, the party asserting the claim is called the plaintiff. The party opposing the claim is the defendant. To prevail, the plaintiff carries the burden of proving its case. This plaintiff is said to carry the burden of proof in - Read More

A crime that is punishable by death Under Federal Law, the death penalty is constitutional and does not constitute ‘cruel and unusual punishment’ as defined in the Eighth Amendment to the Constitution. Different states have determined on their own whether the death sentence penalty violates their state’s constitution. Some states prohibit the death penalty believing it to be cruel and unusual - Read More

No-Fault car insurance is offered only in no-fault states that, by law, limit the amount of damages a plaintiff can recover in a motor vehicle accident It is a system of automobile insurance where one collects from their own insurance company irrespective of fault for the accident. Automobile insurance in no-fault states offers limited coverage compared to what one can recover from states that - Read More

Cash-back mortgage fraud occurs when the property owner artificially inflates the value of their real property to obtain a more substantial loan against the property The lender does not know that the value of the property was illegally inflated. Consequently, the lender lends too much, and the buyer pockets the overage or splits it with other participants. This scheme requires appraisal fraud - Read More

Casket also called a coffin has been the traditional mode of encasing the deceased for a memorial service If the deceased is not buried, it is cremated along with the encasement. The casket has come to represent sanctified encasement. The distinguishing feature between a casket and a coffin is that the coffin is wider at the shoulder area. In contrast, a casket is more rectangular without - Read More

Cemetery services encompass all duties fulfilled or goods supplied by a member of the funeral and death care industry A few examples of working professionals who provide “cemetery services” are gravediggers, groundskeepers (who maintain a cemetery’s facilities), and funeral directors (also known as morticians). Related jobs include but are not limited to obituary writing, cremation, - Read More

Chapter 11 bankruptcy allows a business entity to reorganize and pay creditors over time Chapter 11 of the Bankruptcy Code allows the company to reorganize and prioritize the payment of its debts over a specific time period set by the trustee. A Chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time so it can reach a state of - Read More

Also known as wage-earners bankruptcy chapter 13 allows the debtor to make partial repayment of specific types of debt to the debtor's creditors. A Chapter 13 debtor filing with the bankruptcy court allows the debtor to keep all his personal property while making a plan designed to repay debts in total, but usually at a substantial discount over a three-to-five-year term.   - Read More

A character witness at a criminal trial offers testimony that the accused has a reputation for honesty and truthfulness In criminal trials, a person who testifies on behalf of the defendant as to the defendant's reputation for honesty and truthfulness, or some other reputation such as having a gentle disposition is called a character witness. Example: "I've known Scott Morrison for 15 years. - Read More

Child support orders are issued during divorce proceedings and specify the amount of child support one spouse must pay the other to support and care for their child Issued by a divorce court, a child support order sets out the sum that the noncustodial parent must pay the custodial parent for the child's basic living needs and expenses, such as food, clothing, and shelter. In addition, if the - Read More

Visitation rights of a parent are usually contained in the final divorce decree but can be later modified if approved by the court A divorce decree is a judicial order after all the evidence has been submitted and considered, including evidence concerning child custody and visitation rights. The divorce decree will set out which of the two parents will be awarded legal and physical custody of - Read More

Circumstantial evidence proves a fact through the inference of another fact Any evidence at trial that is not directly proved but requires the inference of another fact to prove its existence is considered circumstantial evidence. Contrary to common belief, circumstantial evidence can be just as relevant and admissible as direct evidence. Example Of Circumstantial Evidence Witness:  "I did - Read More

U.S. citizenship through birth or naturalization Citizenship is defined as the relationship between an individual and a country in relation to the person's allegiance and membership to that country. The Fourteenth Amendment to the U.S. Constitution provides that all persons born or naturalized in the United States are citizens. Citizenship may be acquired for those born outside the United - Read More

Civil assault is an intentional wrong that gives rise to civil liability and potential claims of damages A civil assault occurs when a person intentionally puts another person in fear or apprehension of immediate and physical harm. There is no legal requirement that there be actual physical touching. The intent must not be a mere touching of another but rather to actually harm the person. In - Read More

The burden of proof for the plaintiff to prevail in a civil case is by a preponderance of the evidence The plaintiff's level of evidence necessary to prevail in a civil action is called the plaintiff's burden of proof. To prevail, the plaintiff must prove their case by more than 50% or otherwise expressed as being  more likely than not or by a preponderance of the evidence.   - Read More

A plaintiff's civil complaint is a legal pleading that commences the litigation process when filed with the court and served on the defendant A Civil Complaint is a legal pleading filed with the court by a plaintiff alleging monetary damages against a defendant based on specific allegations of wrongful conduct, including but not limited to negligence or intentional acts arising out of the - Read More

A person who is sued in court for violating a civil law that allegedly caused damages to the plaintiff A defendant is alleged to have violated the civil code, a body of law that includes torts, commercial law, contract law, property law, and transactional law. In a civil action, the person bringing the law is called the plaintiff. The defendant is the person against whom the plaintiff brings - Read More

An answer is a civil pleading made in response to a plaintiff's complaint In civil cases, the Complaint is a legal pleading drafted by a plaintiff and filed and served on the defendant. If the defense fails to file and serve their Answer within 30 days of having been legally served with the plaintiff's Complaint, the defense will be in default, and all of the defendant's defenses, objections, - Read More

Title VII of the civil rights act prohibits illegal discrimination in the workplace Title VII of the Federal Civil Rights Act as amended prohibits discrimination of an employee or employee applicant based on race, color, religion, sex, age, national origin, disability, or marital status. The Civil Rights Act includes all employers from either public or private sectors, at both the federal or - Read More

Clear and convincing evidence is the highest burden of proof in civil cases for such claims in which punitive damages are sought Clear and convincing evidence in civil law is the highest burden of proof a plaintiff must meet. It is more than proving a "fact" by a mere "preponderance of the evidence." Instead, the civil standard of clear and convincing proof resembles the degree of proof required - Read More

Attorney-Client privilege is a communication between attorney-client is legally protected from disclosure The attorney-client privilege is considered one of the most fundamental principles of evidentiary justice and is protected vigorously by the courts. It applies to both civil and criminal matters that involve a client and an attorney relationship. The privilege holder belongs to the - Read More

A clinical disorder that can produce disruptive and profoundly deep and recurring feelings of sadness, negativity, irritability, and hopelessness Clinical depression is usually understood as a mood disorder marked by progressively heightened levels of irritability, anxiety, and feelings of worthlessness. Manic depression is closely associated with bipolar disorder with manifesting episodes of - Read More

At the end of the case each lawyer makes a closing argument hoping to convince the jury to find in their client's favor The closing argument by an attorney occurs after both sides have presented their case. Unlike the opening statement, which is limited to what the attorney intends the evidence to show, the closing argument focuses on what the attorney has proved in fact. Closing Argument - Read More

CBT is a psychological therapy for changing a patients automatic mental and emotional behaviors There is a large variety of different types of psychotherapy available today. Some help patients change behaviors or repetitive thought patterns. One popular form of psychotherapy is Cognitive Behavior Therapy (CBT). It is a combination of practical problem-solving talk therapy and behavioral therapy. - Read More

Used to secure a debt by requiring the borrower to pledge property as security for its repayment When a loan is collateralized, the lender becomes a secured creditor of the borrower. Should the borrower default on the loan or file for bankruptcy, the lender is entitled to receive the debtor's collateral in satisfaction of the debt. Under the Uniform Commercial Code, collateral is considered a - Read More

An affirmative equitable defense in civil cases which bars a party from re-litigating issues that have already been fully litigated in a prior matter. - Read More

A common question is whether U.S. citizens living abroad can collect their Social Security benefits. In most cases, the answer is yes. However, suppose you are not a U.S. citizen and later return to reside in the United States. In that case, you must provide evidence of your non-citizen status from another country to receive benefits in the United States. If you work outside the United States, - Read More

Collection agencies collect debts on behalf of creditors A collection service is any business entity retained by a creditor to collect a debt. Normally, a collection agency or debt recovery service. The entity earns its fee by collecting a percentage of the debt. Collection services collect consumer debt mostly through coercion, threats, and filing lawsuits. Collection agencies are notorious - Read More

A funeral term to describe a structure built to store the cremated ashes of the deceased A columbarium may exist as a fully-fledged building, a designated shelf or room in a crematorium or mausoleum, or a stand-alone unit outside (bearing a certain resemblance to monuments typically erected at veteran memorials). The ashes of each person are kept in respective urns, which are - Read More

Compounding A Felony A situation in which the victim of a crime is persuaded to accept a bribe for their silence. The act of being harmed by a perpetrator, then reaching an agreement with the one causing the harm that the victim will not tell the authorities in exchange for money or some other form of compensation. It is often equated to accepting a bribe for silence. Compounding a - Read More

Confession of a criminal suspect must be both knowing and voluntary A criminal confession is the knowing and voluntary admission of guilt made by the criminal suspect to law enforcement. The confession can be in the form of a written document, taped verbal recording, or video recording. The confession cannot be forced and must be made knowingly. It cannot be the product of a coerced and - Read More

There are two types of confession and avoidance – one criminal and the other civil Criminal confession and avoidance When a criminal defendant admits the allegations in a charging complaint but then alleges other facts, constituting an affirmative defense that, when offered to the court by way of evidence, will tend to disprove or significantly weaken the Prosecutors case against the - Read More

Bankruptcy confirmation hearing is one in which the debtor's repayment plan must be agreed to by the creditors and confirmed by the court The bankruptcy court sets a hearing for confirmation of the debtor's proposed repayment plan. The bankruptcy attorney and all creditors are notified of the hearing. At the confirmation hearing, the court will review, confirm, and, if need be, modify the plan - Read More

The federal government has the right to seize property connected to drug-related crimes   Warrantless searches and seizures of drug-related property are lawful under the following circumstances: If the seizure of property is made subsequent to a lawful arrest Where law enforcement has probable cause to believe the property poses a threat to public health or safety Where probable - Read More

The constitutional right to confront one's accusers in criminal court and have them cross-examined under penalty of perjury The Confrontation Clause of the Sixth Amendment requires that in all criminal prosecutions, the accused shall have the right to confront the witnesses against him and to have counsel cross-examine them under oath. From this right came further rights, such as the right to - Read More

Conservatorship is a legal process allowing a legal fiduciary to act on another's behalf A conservatorship is a probate action filed by a relative or interested person requesting the court to appoint a fiduciary, called a conservator, to care for another person's best legal, physical, and financial interests. A person who cannot care for themselves or manage their own financial affairs is - Read More

Criminal planning and agreement to commit a crime and taking an act in furtherance of the crime A conspiracy is the criminal planning and carrying out of illegal activities by two or more people. At least one member of the conspiracy must perform some positive action in furtherance of the conspiracy. Once at least one conspiracy member commits that act, all members of the - Read More

U.S. Constitution contains the supreme and guiding legal principles of our republic and its system of justice The U.S. Constitution was initially adopted in the convention of September 17, 1787. It was subsequently ratified by the states and amended 27 times. It is the foundation upon which our nation's legal system is based and guides our courts in shaping their judicial decisions. The - Read More

A tenant's premises that are determined to be per-se uninhabitable can constitute constructive eviction of the tenant by the landlord The act or acts by the landlord renders the rented premises uninhabitable, thereby forcing the tenant to vacate the premises. This is called constructive eviction, which ends the lease and the obligation to pay rent. Constructive eviction is much worse than - Read More

Consumer rights lawyers protect consumers from fraud and unfair trade practices Consumer attorneys represent consumers under state and federal consumer protection laws. The consumer attorney protects buyers against dishonest sellers of services and products. These attorneys also safeguard consumers from overly aggressive debt collectors, mistakes made on consumer credit reports, consumers who - Read More

Noncompliance with a court order or committing perjury is a punishable offense under contempt laws Contempt proceedings begin with a court order issued by a judge commanding a person to appear before the court immediately. Committing perjury in a formal hearing, court procedure, or deposition is considered a form of contempt. The court's power to punish for contempt includes fines and - Read More

Federal classifications of drugs that are illegal without a prescription. A Controlled Substance is defined as a drug that has been determined by federal or state law to be illegal for sale or consumption without a medical prescription. The factors considered as to whether it should be classified as a controlled drug is whether is harmful or addictive without any medicinal value. It is the - Read More

The coroner's office determines the probable cause of a person's death as either from natural causes or homicide A post-mortem examination refers to a person's physical condition immediately after death. In criminal investigations, the medical examiner will perform an autopsy to determine the cause of death and the time and likely conditions surrounding the death. In cases of homicide, an - Read More

Prosecutor cannot prove the crime of murder without proof of the victim's death Latin for the fact that a crime has been committed but cannot be proved. Specifically, without producing evidence of the decedent's body, how can the prosecutor prove the defendant was responsible for the killing if there is no proof of a killing? The death of the victim is an essential element of proving a - Read More

Cosigning on a contractual promise to pay a debt To guarantee the repayment of someone else's debt. Although the debtor's obligation is dischargeable in bankruptcy, the cosigner's obligation is not discharged unless the cosigner declares bankruptcy.   - Read More

When someone co-signs for another person's loan both the original signer and the co-signer are jointly liable for the debt A cosigned debt is where the third-party cosigner agrees to be personally liable for another called the first-party borrower. The cosigner agrees to this arrangement usually because the first-party borrower would not otherwise qualify for the loan. By securing a cosigner, - Read More

The court in a criminal case has the discretion to give the defendant credit for the time they have already spent in jail pending bail or trial Most agree that having to spend time waiting in jail for one's trial to start, or pending release until and if bail is granted offends one's sense of fairness and due process. Especially since it is a fundamental right for the accused to be presumed - Read More

A report that calculates and scores a person's creditworthiness Your credit report is a statistical evaluation of your creditworthiness.  It examines your credit history based on a number of factors including: The amount of debt you have Length of credit history Identity of creditors Amount of credit extended Repayment history Number of late payments Number of missed - Read More

Cremation is a funeral term that describes converting human remains into ashes by exposing a body to extreme heat and grinding the residual skeleton Contrary to popular belief, a body is not set on fire when it is cremated. Instead, the body is prepped and sealed in a coffin, casket, or alternative container before being placed in a preheated retort, a chamber specially designed for controlled - Read More

Essential elements of the crime of murder The essential elements to proving the crime of murder: The intentional killing of another with malice aforethought and without legal excuse or justification. Many states consider it murder when the killing results while the defendant was in the course of committing a dangerous felony such as a carjacking or a robbery. This is called the felony - Read More

The two major criminal classifications of crimes There are crimes against a person and crimes against property. The term property is broadly construed to include all forms of theft and white-collar crime. Crimes Against The Person Include: Intentional acts of violence imposed by one against another causing physical and mental harm. Examples of physical crimes include: assault and - Read More

One who has been booked by law enforcement and formally accused of a crime A criminal defendant is one who has been formally charged with either a felony or a misdemeanor. The defendant will be represented by either a private criminal or a public defender. The lawyer who represents the state or federal government is called the prosecutor. If the criminal defendant is found guilty of a - Read More

Criminal defense lawyers advocate for their client's innocence and defend their constitutional rights Criminal Defense attorneys represent the criminally accused. The prosecutor represents the state or federal government. There are six major types of crime categories that criminal attorneys defend against and include: Crimes Against Persons and Property Drug Crimes Fraud and Theft - Read More

The criminal master calendar is the way most courts manage their case flow of criminal cases In many courts, one Judge is selected to preside over the court's Criminal Master Calendar, which sets dates for criminal cases to report back to court for certain types of proceedings, including trial. The Criminal Master Calendar is usually made up of criminal cases either ready for trial or called - Read More

The prosecutor is the attorney who represents the government in a criminal prosecution The prosecutor is the attorney responsible for presenting and arguing the government's case in a criminal matter against an individual or corporation accused of violating a criminal statute. The prosecution represents the People and does not represent the victim in the victim's individual capacity. - Read More

The process of cross-examination has been called the great steam engine to the truth Cross-examination is based on the premise that lying is much harder to do than telling the truth and even harder to do when confronted with aggressive questioning from a well-prepared adversary. The thrust behind cross-examination is that the examining lawyer is trying to assert control over the direction of - Read More

The constitutional prohibition against punishment that is deemed cruel and unusual In interpreting the Constitution’s Eighth Amendment prohibition against cruel and unusual punishment, Supreme Court Justice Brenan provided four guiding principles to determine whether a particular punishment is cruel and unusual. A punishment that is so severe it is degrading to human dignity A severe - Read More

Cryogenics is the process of placing the dying body into a near-frozen state until a future time when medical technology can revive the person safely The goal of Cryonics is to keep a recently deceased person's body in a near-frozen state to prevent the natural process of cell degeneration. In doing so science believes the body can remain preserved indefinitely. Advanced reservations only The - Read More

A funeral term that describes a designated structure or tomb that contains numerous crypts Modern usage of the word crypt can be quite confusing because the word has two separate meanings that are closely related. Crypt’s original definition, which has remained in use from antiquity until now, is a chamber or room to store the dead. Most crypts were built underground far back in the - Read More

Crimes perpetrated over the internet including hacking, identity fraud, and payment of ransom to avoid fatal cyber attacks Cybercrimes are committed on the Internet or similar forms of technology such as online social media or email are used to commit the crime. This includes sexting and other sexually explicit transmissions over the Internet. Although cybercrime is now the most - Read More

No credit is extended to cardholder but is said to help build credit Debit cards are another type of bank card with the major difference being you are not extended a line of credit. Instead, the bank card draws from your own money on deposit with the bank either through your checking or savings account.   - Read More

A term used by debt consolidation companies that aim at restructuring a debtors debt into an affordable repayment plan The goal of debt consolidation companies is to establish a fixed "monthly consolidated payment" that provides the debtor with an affordable budget while allowing them to sustain a reasonable standard of living. It allows the debtor to work within a known and specific fixed - Read More

The legal document evidencing ownership of real property A legal document that clearly identifies the subject real property and is used to lawfully transfer ownership of the property from one party to another.   - Read More

A person who is lawfully sued but fails to answer the plaintiff's civil complaint A judgment is obtained by a plaintiff who files a civil complaint against the defendant for damages, but the defendant fails to file an answer or responsive pleading as required by law which puts the defendant in default. The plaintiff must then file and serve a Notice of Default against the defendant. The court - Read More

The maker of a pharmaceutical product can be held liable for injuries caused by their defective drug Defective drug laws are part of a body of laws called product liability law. A defective drug possesses a significant risk of severe and potentially deadly side effects. In drug product liability cases, it must be proved that the risk of harm outweighs the positive benefits of the drug even with - Read More

Defective products violate safety standards or are unreasonably dangerous for their intended use A defective product is one in which the performance does not meet consumer safety standards or is considered unreasonably dangerous for its intended use. If an injured party can prove the product was defective the law may apply strict liability against both the manufacturer and other sellers of the - Read More

Defective vehicles are subject to state lemon laws Any car with significant defects or numerous relatively minor ones which reoccur after multiple repair attempts can be legally considered a lemon. A vehicle can also be considered a lemon if it is determined to be defective after its purchase. Under product liability law, a product (such as a car) is considered defective if it is unfit for - Read More

A forced sale in a home foreclosure can result in a deficiency judgment which can be levied against the foreclosed homeowner A deficiency judgment acts as a court order allowing the creditor to recover the difference between what the debtor still owes the mortgage creditor should the sale of the collateralized property fall short of the remaining debt owed to the creditor. The measure of - Read More

Demonstrative evidence assists the fact-finder in their understanding of what is being presented and its evidentiary value Evidence that demonstrates a quality of truth about a relevant part of the case. Demonstrative evidence can include diagrams, photos,x-rays, videotapes, movies, sound recordings, diagrams, forensic animation, maps, drawings, graphs, animation, simulations, models, - Read More

A party's initial legal challenge to the plaintiff's civil complaint requesting it be dismissed A Demurrer is a formal responsive pleading that legally challenges the Plaintiff's complaint on the basis that the complaint does not allege facts that would give rise to the cause of actions pled in the complaint. A demurrer asks from the court that the complaint be dismissed as a matter of - Read More

Aggravated and violent felonies are deportable crimes An immigrant is deported from the U.S. because they have been convicted of an Aggravated Felony. Under federal law, there are certain types of aggravated felonies, which are classified as deportable offenses. They include the most violent felonies, such as: Armed Robbery Burglary Child Pornography Manslaughter Child - Read More

Deportation from the U.S. You can be deported from the U.S. for several reasons, including firearms violations, drug-related offenses, aggravated felony convictions, falsification of documents, terrorist activities, marriage fraud, status violations, and more. If you're being deported for reasons other than aggravated grounds, and can't qualify for other forms of relief, one of your options - Read More

A discovery tool used in civil litigation where each party has the right to obtain sworn testimony from the opposing litigant and all relevant witnesses to the case Depositions of the parties to a lawsuit are conducted by the plaintiff' or defense lawyer. Non-party witnesses must usually be formally subpoenaed to legally compel their attendance for their deposition. The location of the - Read More

Devise is a legal term that refers to a gift of real property to a beneficiary through a will or trust A gift of real property left at death. The actual conveyance is called a "devise" when made by the deceased testator. The term "devise" or the gifting of something of value, commonly real property, to one spouse, is considered to be the separate property of that spouse, and not marital - Read More

The major mental health professional manual (DSM) that defines and classifies mental disorders and its criteria The most current version of the Diagnostic and Statistical Manual of Mental Disorders is the DSM–5. It is considered the most authoritative and comprehensive mental health manual for defining and classifying mental disorders. The organization that publishes the DSM-5 is the American - Read More

A mitigating defense to the crime of murder A mitigating factor was used to establish the absence of malice by the defendant when the defendant committed the violent act of murder. It is not considered a form of insanity but rather a suspended mental state where passion and emotional stress dominate the defendant's state of mind and ensuing actions to such a degree that the defendant could not - Read More

A witnesses testifies to their direct experience of what they actually observed take place Direct evidence is what a person directly perceives through their five senses and which does not rely on an inference of another fact to make it true. Example Of Direct Evidence A witness testifies, "I saw the defendant hit another man with a brick"  This is direct evidence of what someone directly - Read More

When a lawyer questions their own witness at a civil or criminal trial is called direct examination Direct examination is designed to ask direct questions that call for direct answers. Nothing in the direct examination needs to be inferred or assumed for the witness to answer the question. On direct, the lawyer is prohibited from asking leading questions. However, the law has carved out an - Read More

Motion made at trial by defense counsel after the plaintiff's counsel concludes its case, requesting the court to enter a defense verdict on the basis plaintiff failed to meet its burden of proof In some ways, a motion for a directed verdict resembles a judgment notwithstanding the verdict (JNOV) after the trial is over. A directed verdict which occurs after the plaintiff has concluded its case - Read More

Unlawful for employers to discriminate based on physical or mental disability Under the EEOC the law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. The law requires an employer to provide reasonable accommodation to an employee or job - Read More

Disorderly conduct is any action by an individual that is deemed to be disturbing to the rights of others or conduct that has the potential to incite violence Disorderly Conduct - Disturbing The Peace Specific actions that disturb the peace and quiet of others. A typical example of such conduct is being drunk in public and causing a disturbance. Most states consider this the same as - Read More

Disposition of body is a funeral term that refers to the method of disposing of human remains after death also known as one's final resting place Disposition of Bodily Remains The above term can be confusing when applied to certain types of bodily dispositions. The most commonly chosen types of disposition are interment (burial below ground in a cemetery or above ground in a - Read More

The district attorney is the chief prosecutor within a county and is usually a political or appointed position Depending on the state, every county has an elected or appointed  District Attorney who manages the deputy district attorneys and oversees the criminal filings and prosecutions of its department.   - Read More

A divisible divorce is one in which certain rights are determined after the dissolution of the marriage A family court procedure by which a judge may dissolve the marriage and, at a later time, determine the property and support rights of the parties. This procedure is used if one or both spouses want to remarry but have still not resolved their economic or child support issues of the first - Read More

Divorce court orders carry the force of law and if not complied with can result in criminal contempt A divorce court order is a judicial directive issued by a judge ordering an individual to do something or be prohibited from doing something. The person or entity who knowingly disobeys a court order can be held in contempt of court and face a fine and or incarceration. Examples Of Divorce - Read More

Divorce lawyers litigate or mediate the legal termination of their client's marital relationship Divorce attorneys, also referred to as family law attorneys, represent the spousal interests of their respective clients as it relates to the dissolution of their marriage, including the legal resolution of the following types of issues: Separation Custodial Rights Division of Property - Read More

Divorce mediation is also called alternative dispute resolution Mediation is a way for divorcing parties to resolve their differences without going through the anguish and expense of litigation and trial. Mediation can be a highly effective path towards early resolution of the divorce. The mediator will focus on working with each of the two lawyers so everyone is on track and working towards - Read More

The job of the divorce mediator In divorce mediation, the mediator's job is to assist and facilitate a mutually acceptable resolution to the spouse's differences relative to their outstanding and unresolved divorce issues such as property division, physical and legal custody of the children, visitation rights, and spousal and child support payments.   - Read More

Federal consumer protection law prohibiting unfair debt collection practices Dodd-Frank Act prohibits collection agencies and creditors from engaging in unlawful and harassing collection practices. Federal law prohibits collection agencies from making threats using obscene or profane language, Publishing lists of "deadbeats," and making harassing phone calls. Violators are subject to - Read More

Legal rights of non-married partners A Domestic Partnership is a formal and legally sanctioned relationship between two people, irrespective of their sexual preference. The rights of unmarried couples must comply with the same type of requirements and benefits available to married couples, including the right of survivorship. Some of these benefits include the right to have your domestic - Read More

Common law cohabitation can create a legal domestic partnership Under common law, when partners choose to move in together, whether they are in a traditional heterosexual relationship or a same-sex relationship, or simply friends, there can be legal implications concerning their legal status by virtue of their cohabitation. Domestic Partnership - Common Law Marriage Some states have - Read More

Domestic violence and the injuries sustained from physical and emotional abuse Every year millions of women are victimized by domestic violence. According to the Centers for Disease Control and Prevention, one in four women has experienced domestic violence, including sexual, emotional, physical, and verbal violence within a social setting where the power over the victim is publicly displayed. - Read More

Two situations in which police officers will confiscate your driver's license in drunk driving cases The first situation is if you refuse to take a blood, breath, or urine test. The second situation is if you agree to take and fail the test. If either of these two situations occurs, in most states, the officer is legally empowered to take your driver's license at that time. The citation for - Read More

Impaired driving mainly results from consuming alcohol and legal or illegal drugs Most states consider illegal intoxication as that level of impairment where one cannot operate a motor vehicle safely. Most states have laws establishing presumptive levels of intoxication. In many states, that level is .08, measured by a breathalyzer, blood, or urine test. Drunk driving can also be proved by - Read More

Most states view public intoxication as a form of disturbing the peace or causing a public nuisance A person is legally intoxicated when impaired to such a level the person is a danger to himself or others. Public intoxication is usually charged as an infraction if it only causes a public nuisance. It can be charged as a misdemeanor if the defendant's conduct is associated with property - Read More

Dual citizenship is when a person has citizenship in more than one country Some countries do not permit dual citizenship. US Immigration Law offers dual citizenship under the condition that the non-citizen declares absolute allegiance to the U.S. The US requires that person to relinquish allegiance to any foreign state, nation, or sovereignty under oath. Dual Citizenship is possible by - Read More

Due process requires there be fair laws and a fair process Our Bill of Rights contains what is called a due process clause, which explicitly prohibits the government from taking or failing to take any action that would deprive a person of “life, liberty, or property without due process of law." When a person is treated unfairly by the government through its body of laws and its civil and - Read More

DUI breathalyzer measures blood alcohol levels in people suspected of impaired driving The DUI Breathalyzer is one of three chemical processes that purport to measure the blood alcohol concentration (BAC) of a driver that is suspected of drunk driving. The breathalyzer is considered the least accurate among the chemical BAC tests offered to suspected DUI drivers upon - Read More

Duress is a defense that may be used in both civil and criminal cases When someone is forced to act against one's interests or the interests of a significant other by force, coercion, or threat of force, are acts under duress that can be a complete defense to the crime charged. Criminal Act Someone who commits a criminal act under duress mitigates the specific intent necessary to prove the - Read More

The equal employment opportunity commission (EEOC) is the federal agency that responds to workplace discrimination claims The first step is to make a claim with the EEOC. Because of the high number of claims, the EEOC must process, they cannot respond to telephone calls. Instead, you must go online to their Public Portal, which will inform you of the claim process, and at that time they will - Read More

Ejectment from the property protects property owners from squatters who lack the legal right or consent to be on their property Ejectment is a common law action against another person's unlawful possession or use of the property without the legal right or consent from the lawful owner of the property.   - Read More

Lawyers that represent older adults that have been unlawfully abused Elder Abuse attorneys represent older adults who have been abused by health workers and employees of Board and Care and  Assisted Living Facilities, Nursing Homes, Home Nursing, and Convalescent Hospitals. Elder Abuse attorneys focus their practice on representing victims of different forms of elder abuse, including: - Read More

Emancipation means a minor, in most states under the age of eighteen, can petition the court to become legally independent of their parents Before a court grants the minor emancipation status, the courts will usually consider factors such as whether the minor can afford a clean and safe place to live, pay for their health care, and buy and cook food.  The threshold issues to be determined are - Read More

Embezzlement is the fraudulent conversion and misappropriation of entrusted funds A white-collar crime where an employee misappropriates money or property rightfully belonging to the employer and uses the money for the employee's gain. This crime is considered theft. If the theft involves federal money or property, the crime will be prosecuted in federal district court and is punishable by - Read More

Stress is an emotional state that can develop into serious physical harm and is driven by fear of a present or anticipated danger The American Institute of Stress claims up to 33% of people have reported extreme feelings of stress, and 75% of Americans have claimed to be highly stressed within the previous month. Many of these people are going through life-changing troubles such as divorce, - Read More

Plaintiff employment lawyers advise and represent employees whose rights have been violated by their employer Many Employment lawyers limit their practice to different types of employment matters. Some employment attorneys exclusively represent workers. Other lawyers, usually labor lawyers, primarily represent the legal needs of employers. This site is devoted to individuals, consumers, - Read More

Entombment is a funeral term that describes the process of burying the deceased inside a tomb Entombment also describes the final resting place of the deceased inside a public or private mausoleum. However, in countries with different laws, rituals, and cultural practices, this is not always the case. “Entombment” is composed of the Latin roots “en,” meaning “in/into,” while - Read More

Entrapment is when law enforcement induces or encourages a person to commit a crime that the person was not otherwise predisposed to commit Entrapment is a complete defense of the crime charged A court will usually look to whether the idea for the commission of the criminal act originated with the defendant or with law enforcement. Entrapment Has Two Essential Elements That Must Be - Read More

Equal protection of the law ensures all citizens before the courts receive due process of the law irrespective of their status or circumstance Equal Protection of the law applies to the states through the 14th Amendment incorporation clause that protects all US citizens. The 14th Amendment is commonly used to protect those who face unfair and discriminatory practices between different - Read More

In civil cases, a court under its equitable power can deny relief to a party who has acted unfairly or in bad faith to the opposing party The doctrine of equitable estoppel bars relief to a party who has engaged in deceitful and unconscionable behavior. Equitable Doctrine of Unclean Hands A long-standing phrase in law is: A party that seeks equity must do equity... The equitable - Read More

The court can base its ruling strictly on the law or if circumstances dictate, under the judge's equitable powers of fairness and justice The law does not always possess a legal remedy for every type of situation presented to the court for judgment. In those cases, the court can make a ruling based on equity, which are fundamental principles of justice and fairness. For Example: A written - Read More

The remaining monetary value of the property after its sale In real estate matters, the property's market value is the value minus any debts owed on the property. In most homeowner situations, the equity one receives upon the home's sale is the amount one would receive after paying off the mortgage and any outstanding liens and taxes on the property. In legal terms, this is mostly related to - Read More

Federal laws and regulations governing employee health and retirement benefits that are provided by their employers The Employee Retirement Income Security Act (ERISA) The 1974 law sets minimum standards for most private employee-employer retirement and health plans. ERISA applies to private-sector companies that offer pension plans to employees. ERISA is enforced under the US Department of - Read More

A disabled employee has the legal right to work if they can still perform their essential job function Under current labor laws, an employer must make reasonable accommodations for a worker that is currently disabled but can still perform their essential job function, so long as it does not result in an unreasonable detriment to the employer. The essential job function rule protects disabled - Read More

The primary purpose of the estate and trust lawyer is to ensure the final distribution of the client's estate goes to the client's intended beneficiaries Estate planning attorneys, also referred to as estate law attorneys or probate attorneys are usually retained by a client to draft and prepare legal documents that will accurately reflect the client's intent concerning the final disposition of - Read More

At the time of death an estate tax is imposed on the net value of a person's taxable estate after any lawful exclusions or credits The main difference between inheritance and estate taxes is the person who pays the tax. Unlike an inheritance tax, estate taxes are charged against the estate regardless of who inherits the deceased's assets. According to the IRS, federal estate taxes are levied - Read More

Landlord's legal process for removing a tenant from the property is called an eviction or in some states an unlawful detainer action Eviction laws are governed by state law. An eviction in one state may be called an unlawful detainer. Some states refer to the process as an eviction action. No matter what a landlord calls the process, eviction usually means the tenant has stopped paying the - Read More

Eviction defense lawyers represent tenants threatened or who are actively being evicted from their premises by the landlord There are very few landlord-tenant lawyers who practice eviction defense without there being a significant upside to the tenant's case; alternatively, the client can afford to pay the lawyer fees on an hourly basis. A Significant Upside To Tenant's Case A case that has a - Read More

Eviction of tenant during a lease with a fixed term A lease is for a fixed length of time and is binding on both parties. The lease legally requires the tenant to pay the rent on time, and the landlord is legally required to provide you with a habitable premise for the term of the lease. Sometimes a fixed-term lease can turn into a month-to-month lease depending on the language of the lease and - Read More

Only relevant evidence can be admitted at trial Evidence is relevant only if tends to prove or disprove a disputed fact or issue in controversy. If not, the court will not admit the evidence at trial, and it cannot be considered by the jury. Evidence must have some probative value to the case. Evidence can be physical, live percipient or expert testimony, deposition testimony, photos, - Read More

Ex-parte motions are made usually in civil cases in which usually only one side appears in court due to the urgency of the matter An emergency hearing in which only one side appears in court for a motion to be heard without giving the full legal notice required by statute to opposing counsel. Ex-parte proceedings are usually allowed only where urgent and immediate action is necessary, and - Read More

Bail cannot be used as a form of punishment against a criminal defendant The Eighth Amendment to the United States Constitution specifically prohibits the setting of excessive bail in criminal matters. Defining Excessive Bail The Supreme Court held that bail is excessive when the amount of bail set is more than what is reasonably necessary to prevent the defendant from fleeing or posing a - Read More

The 4th amendment mandates there must be a warrant based on probable cause to search and seize evidence A warrantless search without probable cause that a crime is being committed or is about to be committed, depending on the circumstances, might be excluded as evidence against the defendant because it violated the defendant's fourth amendment rights. The exclusionary rule is intended to - Read More

A contractual clause that relieves one party to the contract of all potential liability A provision in any written contract, including a lease or rental agreement that permits one side, usually the seeker and enforcer of the exculpatory clause, from exposure to any potential liability such as negligence, breach of contract, or any other civil wrong. Liability Waivers For Injuries To Another - Read More

Evidence that supports a finding of defendant's innocence in a criminal case Evidence supporting the innocence of a defendant could be in the form of testimony, documents, photos, and other types of physical evidence. Supported by the rules of evidence in criminal matters, prosecutors are legally obligated to turn over all exculpatory evidence to the defense in the discovery phase - not only - Read More

A legal term for the person who is officially designated in a person's will or trust to close out the final business and personal affairs of the deceased The person named in a testamentary document, such as a will or trust, is appointed by the court after the death of the testator. The role of the executor as a fiduciary is to close out the personal and business affairs of the deceased. In some - Read More

The goal of exemplary damages, also called punitive damages, is to punish and make an example of a civil defendant for engaging in malicious conduct against a person or class of people Suppose the plaintiff in a lawsuit proves that the defendant acted maliciously or with fraud, the court might permit the jury to award punitive damages, Also called exemplary damages. Punitive damages are - Read More

An exempt employee is neither eligible for overtime pay nor regular employee benefits Exempt employees receive a fixed salary rather than an hourly wage. An exempt employee does not receive overtime under the American Fair Labor Standards Act. The manager of a large chain supermarket like Walmart is considered an exempt employee. If the manager is required to work overtime during peak holiday - Read More

In bankruptcy, property that is determined to be "exempt" cannot be liquidated and distributed to the debtor's creditors Exempt property is a legal property classification in a bankruptcy proceeding that allows the debtor to keep and protect certain property from being sold or otherwise liquidated. Most states have adopted their own exemption laws, which the debtor can select instead of - Read More

An expatriate is defined as a person who temporarily resides in another country but is not a citizen or permanent resident of that country Sometimes called ex-pats, these travelers often select nations with a lower cost of living than their own country of origin. With the international and expansive reach of the Internet, many Americans and European citizens choose to work and retire - Read More

The legal process of giving up one's citizenship Under U.S. law, this can be done only by a U.S. citizen overseas before a U.S. Consul under oath. The person must first establish that he is doing so voluntarily and has a legal status in another country. A person may not expatriate himself if it would render them stateless. Right To Repatriate Having gone through the Expatriation - Read More

An expert witness offers opinion testimony to assist the fact-finder in matters that go beyond common knowledge The expert can offer not only his opinion but also the foundational basis that supports those opinions. Experts are often retained by high litigants in high-stakes tax cases. In both civil and criminal trials. The result is a battle of the experts. The jury often disregards both - Read More

Expungement is a court-ordered process in which the criminal record of an arrest and conviction is erased from the public records In most states, expungement is not available for violent felonies such as murder or other forms of criminal homicide. Benefits of expungement A major benefit of expungement includes safely telling one's future employer that you have not been convicted of a - Read More

The obtainment of money or property by threat of physical or financial harm to another Blackmail is a form of extortion in which the threat is to expose embarrassing and damaging information to another person or governmental agency. According to Justice Department statistics, one of the fastest-growing forms of extortion is from cyber-criminals and in white-collar crimes.     - Read More

Discounts and giveaways on new car models that are selling poorly A factory incentive is when a manufacturer has too many of a particular new car model and offers consumers, through their dealer network, a financial discount or product incentive to purchase the vehicle. There are several different programs, and they change regularly. Not all new car models in a product line will have dealer - Read More

Being unlawfully detained by police without legal cause False arrest is the unlawful detaining of someone by law enforcement without legal cause. The legal cause is the mistaken determination by law enforcement that there existed sufficient probable cause to believe a crime had been committed or is about to be committed. Stop and Questioning by Law Enforcement Notwithstanding, a stop that - Read More

The family home is usually awarded to the parent with physical custody of the children and who remains in possession of the home In divorce matters the family home is treated differently than other marital property. If one parent leaves the home, it is likely that the parent that remains with the children will be given the choice to live in the family home until the children reach the age of - Read More

Federal Department of Labor is the federal agency that enforces wage and hour laws and other related labor laws to protect employee rights The Fair Labor Standards Act ("FLSA") is the body of federal law that governs workers' wages, including payment of minimum wage, overtime pay, maximum allowable hours worked, record keeping, and child labor. The Federal Agency enforces these and other labor - Read More

District courts are federal criminal and civil trial courts There are two major judicial systems in our nation. There are fifty State judicial systems and one Federal Judicial System. In the federal system, trial courts are known as District Courts. As of 2022, the United States has ninety-four District Court Houses, with each courthouse containing many individual courtrooms where federal - Read More

Federal prisons are overcrowded and overly dangerous The US Federal Courts sentence criminal defendants who have violated federal laws to federal prisons. The total state and federal prison population as of 2021 is 1,430,000. The U.S. Marshals Service houses and transports all federal prisoners from the time they enter federal custody until they are either acquitted or convicted. If - Read More

Federal prosecutors represent the interests of the U.S. and prosecute offenders of federal crimes Federal prosecutors are part of the Attorney General's Office, which ultimately reports to the Department of Justice. There is a U.S. Attorney for each federal court district in the United States. Much of the prosecutorial work is handled by Assistant U.S. Attorneys. The United States Attorney's - Read More

A felony is determined by whether the crime is punishable by a year or more in prison A felony is much more severe than a misdemeanor. In many cases, the same type of offense could be filed and prosecuted as either a misdemeanor or a felony. Prosecutorial discretion It is often up to the prosecutor's discretion. For example, the crime of petty larceny, stealing an item worth less than a - Read More

The felony murder rule applies to any death which occurs in the course or commission of a dangerous felony and will result in a charge of murder in the first degree Under the felony-murder rule, there need be no evidence of the defendant's intent to murder or harm another. The only evidence the prosecutor must prove is that the defendant intended to commit a crime that the law defines as - Read More

FEMA is the federal agency that provides emergency services when states go through a natural disaster FEMA stands for the Federal Emergency Management Agency and is the agency in charge of providing states with emergency financial, and logistical ground-management support in times of disasters such as pandemics, hurricanes, earthquakes, floods, and tornadoes. FEMA also provides air and ground - Read More

The final pretrial conference is usually scheduled by the trial court about 15-30 days before the date set for trial At the pretrial conference the trial lawyers meet with the judge, confer on the state of the evidence, and the attorney gets a brief opportunity to present their case to the judge. The pretrial conference is usually held in the judge’s chambers. In most civil and criminal - Read More

The finder of fact, usually a jury, weighs the facts at trial and applies them to the law In criminal and civil trials, it is usually the jury's domain to be the finder of fact. Specifically to determine the truth and weight of the facts and evidence in controversy. A jury must be fair and impartial to serve as the ultimate fact-finder. The jury selection process is fundamental to our system of - Read More

A premeditated murder made with specific intent and an evil motive Under our criminal justice system, the most severe punishment is reserved for the most meticulously planned type of killing and possesses the requisite evil motive to kill. This type of killing is called First Degree Murder and requires the killer to possess a particular intent to harm and kill. The nature of this level of - Read More

FMLA stands for the family medical leave act and is a federal law that allows employees to take unpaid, job-protected leave for a specific time for a permissible family emergency or personal medical reasons The law provides for the continuation of the company's group health insurance coverage under the same terms and conditions as if the employee had not taken leave.   - Read More

Forcible entry of a dwelling or structure with the intent to commit a felony is considered a burglary The unlawful taking of possession of a house or structure by using force or threat of force. Under most state jurisdictions, breaking and entry have traditionally been an element under the crime of burglary. Today, the crime must include intending to commit a felony or larceny. Also, the term - Read More

When a borrower defaults on their mortgage, the lender can foreclose on the property by forcing its sale and recovering the outstanding amount owed on the loan If the sale of the home does not cover the amount owed to the lender, the lender may seek to obtain a deficiency judgment against the borrower to collect the remainder of what is owed. There are two types of foreclosure: judicial - Read More

Foreclosure defense lawyers will develop a legal and financial strategy to help their clients avoid foreclosure and mitigate their losses Foreclosure Defense attorneys support their clients in objectively assessing their current financial and legal situation and developing options to consider.  Assessing the client's legal and financial options will depend on their existing liabilities and - Read More

The making, issuing, and distributing of false documents by alteration and fraud For forgery to qualify as a crime and not just a civil action, it must involve a subject matter considered by the government to be officially signed. Such as the alteration of official public documents such as a forged driver's license, forged guardianship documents, or forged wills. On the financial document - Read More

Foundational evidence is used to lay the groundwork for other evidence to be admitted by the court at trial The laying of the foundational evidence helps ensure the evidence offered at trial is genuine, authentic, and trustworthy. Example of establishing a foundation before the court will allow medical records to be entered into evidence: For medical records to be entered into evidence, - Read More

Fraud is the intentional deception of another that results in financial gain for the perpetrator of the crime Fraud is the intentional act of deception through false words and misleading conduct to obtain from another money or property by deceit, trick, misrepresentation, and other forms of dishonest behavior. Most acts of fraud are felonies. Criminal fraud is commonly perpetrated against the - Read More

Evidence obtained in a legal search that was the result of a prior illegal search will also be deemed tainted and inadmissible A criminal search and seizure exclusionary rule that states if the source of the evidence seized (the tree) is the result of an illegal search, then any subsequent evidence, even if lawfully obtained (the fruit) will also be deemed tainted because it came from a prior - Read More

An affirmative defense in civil cases in which unexpected circumstances frustrated the original purpose for which the parties first entered into the contract Frustration of purpose is a contract rule that is a defense to the enforcement of the contract. Example: A contract is entered into for the purchase of a home by a future date. Before the sale is made, the home burns down. The seller has - Read More

Garnishment is usually based on a court order directing a third party, usually an employer, to seize an employee's wages to satisfy a debt owed by the employee to a creditor Creditors of wage garnishment can include: The former spouse seeking child support The former spouse seeking alimony The IRS seeking payment of back taxes A money judgment holder seeking payment from a - Read More

Job discrimination based on gender is strictly prohibited Federal law forbids discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Sex discrimination involves treating an employee or applicant unfavorably because of the person's sexual orientation, gender - Read More

Generalized anxiety disorder is a persistent state of stress and worry Under the Diagnostic Statistical Manual, generalized anxiety disorder is the emotional and psychological state of exaggerated and persistent worry, stress, and anxiety over a future adverse event without a realistic or reasonable basis for such beliefs.  People diagnosed with generalized anxiety disorder tend to - Read More

A general release of all claims is a binding and enforceable contract A general release of all claims is a contract usually entered into at the end of a lawsuit and is negotiated by the opposing attorneys on behalf of their respective clients. In such release agreements, the plaintiff agrees to give up valuable legal rights against the defendant in exchange for a specific sum of money. This - Read More

Difference between grand and petty larceny is that one can be charged as a felony or misdemeanor depending on the monetary value of the property stolen Common-Law Definition of Larceny Intentionally taking another's personal property without legal permission, including the intent to permanently deprive that person of the property. Larceny is also known as theft. Misdemeanor and - Read More

Legal term that describes the person who conveys ownership of their real property to another by granting ownership of the property generally through a trust or will, or through some other combination of these testamentary devices The grantor is the person that conveys property or a right in the property to another. Someone who creates a trust is known as the settlor. The person who owns - Read More

A grave is a funeral term used to describe the location where a body is buried A grave refers to a hole dug in the ground large enough to bury human remains inside. A headstone usually sits atop a grave, which indicates who is buried within. A headstone is a slab of rock engraved with a person’s basic details, such as their name, date of birth and death, and sometimes a brief - Read More

A funeral term to describe a type of graveside ceremony held to honor the dead, similar to a funeral or memorial service The purpose of a graveside service is to allow mourners time to pay their respects to the recently departed before the body is interred (see internment for more information). Graveside services often follow funerals but may also be organized as an independent event. - Read More

A green card allows a person who is not a citizen to obtain permanent residence status A commonly used term for the document issued by the INS as evidence of lawful permanent resident status. Most foreign nationals want to obtain a green card because it allows them to legally live and work in the U.S. and provides them with the future opportunity to qualify for U.S. Citizenship. A permanent - Read More

Grief bereavement and mourning are emotional states of extreme suffering related to the death of a loved one and the recovery process of those trying to understand and manage their loss Grief describes the various aspects of grief -- often referred to as phases -- that may overwhelm the bereaved person. All are likely to be experienced on the way toward emotional acceptance of the life-changing - Read More

A union grievance against an employer for violating the employee's rights under the union's collective bargaining agreement A written claim that a labor union files on behalf of a worker against an employer. A grievance states in clear and precise terms why the employer's actions against a worker were not for "good cause" or were in violation of the union's collective bargaining agreement with - Read More

A guarantor is an individual or business that contractually guarantees the promise of another called the promisor If the promisor does not fulfill the promise, the guarantor will be held legally responsible for the default. In large business transactions, the guarantor will usually request the borrower to purchase a performance bond in case of default. More commonly, the guarantor is a parent - Read More

A guilty plea must be a knowing and informed decision to the crime charged in the criminal complaint Upon the alleged commission of a crime resulting in a defendant's arrest, at arraignment, the court will ask how the defendant wishes to plead. The defendant will have three choices: not guilty, guilty, or no contest. Most defendants at arraignment plead not guilty. Those who plead guilty - Read More

Depending on a state's gun laws, gun owners may lawfully carry one's gun openly and in public places States either allow or prohibit a person from openly carrying a gun in public. The differences between states differ in the following ways: States that permit a person to possess and openly carry a gun without a gun permit or license. States that require a person to be licensed to openly - Read More

A writ that protects one's constitutional right against unlawful and indefinite imprisonment by the state without first establishing specific charges and evidence of the crime Habeas Corpus is a writ or petition made to a higher court that guards against arbitrary confinement by the state without producing a charge or evidence of a crime. In Latin, Habeas Corpus literally means "produce the - Read More

Informs your medical provider under what specific conditions you wish to be kept alive should you become incapacitated and unable to make such decisions The purpose of a "Health Care Directive" (also called a living will) is to provide your medical providers with precise end-of-life instructions. For example, whether or not you wish to be medically resuscitated if you have been rendered in a - Read More

An out-of-court statement offered to prove the truth of some relevant issue or matter currently being tried In a judicial proceeding, a trial witness cannot testify as to what another person said outside of court. This out-of-court statement is known as hearsay. This rule applies to both criminal and civil proceedings. The hearsay rule prohibits out-of-court statements if they are offered to - Read More

Someone (usually a blood relative or spouse) who inherits personal or real property under state law when there is no valid will The chain of inheritance is created by state law. This is called the law of intestate succession. For example, under most state intestate succession laws, a married person who dies without a will and without children and is survived by the decedent's spouse will be - Read More

HIPPA is a federal privacy rule that protects consumers from unlawful disclosure of their health and medical records and information HIPPA stands for the Health Insurance Portability and Accountability Act (1969) and is the federal law requiring national standards to protect the consumer's health information from being disclosed without the patient’s consent or knowledge. The Privacy Rule - Read More

Uninsured motorist coverage for damages caused by a hit-and-run driver In most states, a hit-and-run driver qualifies as an uninsured motorist. Therefore, if you are in an accident with a hit-and-run driver, you can make a claim with your insurance company the same way you would if you were in an accident with an uninsured motorist. However, many insurance policies include additional - Read More

Drivers in a motor vehicle accident must stop and exchange insurance and registration information A motorist involved in a collision with another vehicle, even a minor collision, and fails to stop their vehicle to exchange identification and registration information with the other driver is guilty of a misdemeanor. If there were injuries, the hit-and-run could be filed as a felony. Punishment - Read More

A rental tenant is considered a "holdover" if they remain on the property after the expiration of their lease I'm not moving and you can't make me! Even if you don't want to move and faithfully pay your rent on time, most states will require the renter to vacate if the landlord insists upon it. A lease is a contract, and both sides are bound by it. If you agreed to a one-year lease, neither - Read More

Family and friends can prepare a body for disposition, build a casket and perform most of the tasks usually associated with a funeral director in their home Home funerals, although not widely practiced, are legal in most states. Home funerals are considered a more personal kind of experience which some people believe promotes a greater sense of acceptance of death and the grief that comes - Read More

Homeowners are legally responsible if a person is injured on their property resulting from the homeowner's active or passive negligence As a homeowner, one has the legal duty to exercise reasonable care in keeping their property safe and to warn against any known danger. In most cases, so long as the homeowner takes reasonable care in the inspection, maintenance, and upkeep of their property - Read More

Homestead exemptions protect the equity in a home up to a statutory amount determined by the state For centuries, the family home has been considered sacred in the eyes of the law. Even today, the law affords the family home with certain legal protections against creditors. In many jurisdictions and depending on the circumstances, part or even all of the equity in the homestead can be exempt - Read More

Homicide covers a category of crimes in which one human being kills another Homicide is generally defined as the unlawful killing of another human being. Within the classification of homicide are crimes such as murder and manslaughter. Both of these crimes are summarized below: The Crime Of Murder Within the classification of murder, there is first-degree murder which includes - Read More

In sexual harassment discrimination cases a hostile workplace is one in which the work environment is sexually charged by hostile and offensive remarks, sexual innuendo, and discriminatory practices The workplace should not be a place to tell sexual jokes, make sexual advances, comment about how sexy a co-worker looks, or engage in nonconsensual touching. Harassment does not have to be - Read More

A hung jury is one that is hopelessly deadlocked and unable to reach a verdict and which results in a mistrial Hung jury - Criminal Trials After extensive jury deliberation, if the jury cannot reach a unanimous verdict concerning the guilt or innocence of a criminal defendant, the judge will have to declare a hung jury and mistrial. After the mistrial, the prosecutor will meet with their - Read More

The immigration and naturalization service administers our immigration laws The I.N.S. is the cabinet-level agency of the U.S. Department of Justice charged with administering immigration laws at the border and within the United States. Most people seeking immigration assistance are attempting to obtain a green card, replacement of a green card, authorization for employment, authorization for - Read More

Immigration lawyers interpret and provide legal advice on paths toward legal residency and citizenship U.S. Immigration attorneys represent those who wish to enter and remain in the United States for purposes of residing, working, going to school, and obtaining full citizenship. Immigration attorneys facilitate obtaining visas, green cards, adjustment of status, political asylum, and defend - Read More

Witness immunity from prosecution by turning state's evidence, otherwise known as flipping Flipping means the defendant has chosen to produce incriminating evidence to the state in exchange for having their own charges reduced or dismissed. In criminal law, a person who would otherwise be guilty of a crime is granted immunity from all prosecution and penalties arising from the - Read More

Impeaching a witness at trial (or in deposition) through cross-examination  damages the credibility and trustworthiness of the witness Impeaching a witness is fundamental to trial advocacy. The goal is to weaken or seriously damage the credibility of a testifying witness. Impeachment is when the lawyer cross-examines the witness in such a way as to reveal the witness has lied under oath, is - Read More

An employment contract like most other contracts can be implied even if the worker had been an at-will employee or independent contractor An employment contract that imposes specific duties on the employer can take different forms. It can be a written agreement setting forth the terms of the employment relationship. An employment contract can be a verbal agreement, or under certain conditions, - Read More

When renting to a tenant, a landlord impliedly warrants that the rented premise is and will remain in a safe and habitable condition In many jurisdictions, the tenant will be allowed to withhold rent and sue the landlord if they fail to comply with housing codes. The breach can be either intentional or negligent to be actionable. The implied warranty of habitability resembles the law of - Read More

An implied-in-fact contract is one in which the terms are not expressly stated but can be implied from the party's conduct The contract expressed solely by the parties' conduct is called an implied-in-fact contract. Example: Suppose that two or more people agree to deposit an equal amount of money into a joint banking account and use that joint account solely to purchase a vehicle with the - Read More

Vehicle impoundment is when a vehicle is seized and transported to an impound yard where it is stored until legally claimed The impound yard keeps your vehicle behind a locked gate, and the property impounded in the yard is generally under tight security. If you do not take care of the underlying reason for the impoundment, they can hold your car indefinitely while you continue to incur - Read More

When evidence may be too prejudicial or inflammatory to show the jury, the judge will first review the evidence privately in the judge's chambers with or without the presence of counsel According to the rules of evidence, in matters involving evidence that is potentially inflammatory or may cause unnecessary harm to the parties or the rights of third persons, the court may wish to examine the - Read More

Divorce court judge uses the income and expense declaration of the divorcing spouses to determine spousal and child support In family law, the income and expense declaration is a court form that must be filled out under oath by the divorcing parties and filed with the court and which itemizes each of the party's monthly income and expenses.   - Read More

A criminal defendant that is presently incapable of understanding his former actions or the intent behind those actions will likely be found incompetent to stand trial A defendant who cannot appreciate or understand the criminal charges being brought against them and is found to be unable to assist in their defense may be judged incompetent to stand trial. A court cannot try someone who is - Read More

A written or verbal statement that implicates oneself or another in a crime An incriminatory statement is any utterance or writing that tends to prove the criminal guilt of a person. Under the US Constitution, a person cannot be compelled to provide information that might be self-incriminating. The right against self-incrimination requires law enforcement to inform the person arrested of - Read More

Publicly exposing one's private parts to another When the charge of indecent exposure is combined with a sex charge, such as sexting to a minor, the penalties can be severe. Depending on the circumstances, some states consider the act of intentionally exposing oneself is itself a sex crime. In some states, being charged with a sexual assault, especially if it involves a minor and - Read More

An official criminal proceeding to determine whether there is sufficient evidence to compel the accused to stand trial for a felony An indictment can issue from a grand jury proceeding or from a judicial determination called a preliminary hearing. Burden Of Proof To Obtain An Indictment The burden of proof necessary to obtain an indictment is low. To secure an indictment, all the - Read More

An affirmative defense in civil cases in which a case can be dismissed if the plaintiff failed to include a party whose presence in the litigation is necessary to the plaintiff's action - Read More

A violation of a local ordinance is usually cited as an infraction A local ordinance is usually legislated by a city, township, or county. Most ordinance violations are infractions and are minor violations that are punishable by a fine. In some jurisdictions, violations such as minor traffic violations and parking tickets are treated as an infraction. Background Check In some - Read More

An inheritance tax is imposed upon a person's estate or on the assets which have been transferred from the estate to the decedent's heirs or beneficiaries Depending on your jurisdiction, many states have been choosing to do away with or substantially reduce inheritance and estate taxes. - Read More

A special type of court order which legally compels someone to take some type of action or to cease from taking the action Injunctions are court orders, but they differ in magnitude. For example, a plaintiff may sue for an injunction to stop a building's ongoing construction because it presents an unreasonable risk of danger to the local community or is causing an unreasonable amount of - Read More

Not guilty by reason of insanity The M'Naghten defense was the first case to judicially determine whether a defendant at the time of the crime was legally insane.   Under M'Naghten, a defendant is considered legally insane if the accused was mentally or emotionally incapable of differentiating between right and wrong when the crime was committed. The irony behind the M'Naghten test is that - Read More

An insolvent debtor is judgment-proof and therefore is unable to pay a creditors judgment A financial condition in which the debtor has no assets, money, or property upon which a judgment creditor can attach, lien, or otherwise collect through the legal process.   - Read More

An insolvent debtor is one who is judgment proof having neither income nor assets The financial state in which a debtor has no assets, money, or property upon which a judgment creditor can attach wages, seize bank accounts, lien property, or otherwise collect through the legal process to satisfy a debt. For a debtor going through a Chapter 13 bankruptcy who has only exempt property, the - Read More

Tenant has the legal right to inspect the premises for preexisting damage and other conditions that need to be repaired or replaced by the landlord before taking occupancy Tenant's Inspection should include: The tenant should carefully inspect the floor, ceiling, and walls, including signs of mildew, mold, and leaks. Other areas of concern include checking the water - Read More

There are two types of states of mind in our criminal and civil justice systems, and each requires a different type of intent and levels of proof Criminal Law Specific Intent Criminal intent refers to a specific state of mind known as "men's rea," which is a primary element of proof necessary to convict. Our criminal justice system requires the prosecutor to prove beyond a reasonable - Read More

The car ignition interlock device is an alcohol breath analyzer attached to the vehicle's ignition system As part of a drunk driving conviction, the court may order the offender to install a car ignition Interlock Device as a condition of the offender's probation. To start the vehicle, the DUI  offender must first blow into the device. The device is programmed to detect if alcohol was - Read More

Interment is the ceremonial placing of the deceased in either a grave, tomb or crypt Interment Interment means to bury a deceased person’s body in either a grave (most of which exist in cemeteries) or tomb (most of which exist in crypts or mausolea). More specifically, burying a body in a grave is called “inhumation,” while burying a body in a tomb is called “entombment.” Usually, this - Read More

A civil discovery method requesting the opposing side answer written questions under oath and within a legally prescribed time limit One of the discovery tools each party has is the right to propound a list of "written interrogatories" (questions) that ask for a written response (answers) to each of the interrogatories under legal verification, usually within thirty days. Counsel for the - Read More

Moving between states The federal government regulates moves that cross state lines. In addition to interstate movers having to comply with federal guidelines, they must publish their price list and terms for the services they offer interstate movers.  Licensed interstate moving companies are also required to participate in a Dispute Settlement Program sponsored by the American Moving and - Read More

The Department of Transportation is the federal agency responsible for regulating interstate (between states) moving companies This federal government regulates moving companies that cross state lines and sets forth licensing requirements that interstate moving companies must comply with including mandating that interstate moving companies publish their price list for the services they offer - Read More

In divorce law, dissolving a marriage due to irreconcilable differences between the spouses is a legal justification to terminate the marriage, and in so doing neither spouse places legal fault for the marriage ending Different states use different statutory language to describe dissolution through the "No-Fault" process. For example, some states use the terms irremediable breakdown or - Read More

IRS taxpayer's protection when communicating with the IRS IRS employees are now required to give their badge numbers when requested. Each IRS agent and employee has their own badge number that internally identifies the employee or request. Make Sure You Take Good Notes When Contacting The IRS: If you call the IRS, ensure you have a pad or pencil nearby. When you reach an - Read More

IRS claims you owe more taxes than what you disclosed During an audit, you may dispute an IRS claim that you owe more taxes. But generally, you cannot do this as a way of fighting collection. You must first pay the tax and then file a claim for a refund. If the disputed amount they say you owe is not substantial, you may not want to spend more money consulting with a tax expert. - Read More

"Doubt As To Liability" is a term used by the IRS which indicates that you probably do not owe additional taxes If your tax advisor can persuade the IRS of this, your case returns to the audit stage for review. Yet a return review rarely happens. If you are confident in your case, you can fill out and file an Offer in Compromise form (Form 656) with the IRS.  You generally do not need to file - Read More

Written correspondence between the IRS and the taxpayer Most people are reluctant to open and read letters from the IRS, particularly when they think the letter contains bad news. But the letter may not contain bad news, and if you do not respond, you might only make the matter worse. Most importantly, many Internal Revenue Service letters trigger the running of statutory periods. This means - Read More

IRS has the power to seize taxpayer assets without warning The IRS may collect taxes by imposing a "levy" on your bank account, car, business, or anything else you own. The levy is the process of seizing assets to pay back taxes. The Internal Revenue Service has many ways to levy on property. They can order your bank to pay them everything in your accounts. They can seize your car or other - Read More

Stands for Judgment Notwithstanding Verdict and happens when a trial judge overrides the jury verdict and instead enters its own judgment on the matter On rare occurrences, a judge will disregard the verdict of the jury by legally concluding as a matter of law that no reasonable jury could have rendered such a verdict. Following a motion for a JNOV, or in the alternative, a motion for a new - Read More

Job benefits such as company-paid medical and dental insurance are intended to attract and keep quality employees Companies that include a full array of benefits stand a better chance of attracting a select type of employee. Benefits can include medical, dental, vision, life, and disability insurance. A premium benefit package also includes pension and retirement benefits.   - Read More

In divorce, if the parents can't agree on the custodial issues involving their children, the court will often decide in favor of joint physical custody  Many jurisdictions prefer giving sole legal custody to one of the two parents and giving joint physical custody to both parents. However, it is not unusual to see both parents awarded joint legal and physical custody but with one home serving as - Read More

Joint tenancy is when two or more people purchase the property and each possesses an indivisible legal interest in the whole property Property that is owned jointly belongs to each joint tenant equally. Joint Tenancy - With the Right of Survivorship The right of survivorship means that if one of the joint tenants dies, the other inherits ownership of the entire property - Read More

A court official who presides over cases and makes rulings involving disputes between parties A judge is a public official whose job is to oversee trials and other legal proceedings such as preliminary hearings, taking of a plea, rule on motions, and make sure all proceedings are conducted fairly, and in accordance with principles of justice. A Judges Responsibilities Include: Interpret - Read More

A judgment creditor has legally perfected their claim by obtaining an enforceable judgment against a debtor A judgment creditor has successfully obtained a legally enforceable money judgment against a debtor and now has the legal right to execute the judgment against the debtor. Executing the judgment includes garnishing the debtor's wages, attaching the debtor's property, and levying on the - Read More

Judges have broad discretion to interpret the law and manage their courtroom procedures Judicial discretion at the trial level is given great deference when it comes to the judge's interpretation of the law and their evaluation of evidence. Appellate courts review the rulings and judgments made at the trial court level. The appellate review determines if the trial judge was legally correct in - Read More

The power of the court to declare a fact as true without having to otherwise prove its truth The power of the court to make a judicial finding of a fact as true for evidentiary purposes. Examples of matters given judicial notice are court records, public records, and indisputable facts such as a particular calendar date.   - Read More

Legal reach over matters that allows the court to impose control over a case and apply the laws of that jurisdiction State And Federal Jurisdiction Within a state, a court's jurisdiction can be imposed on a matter based on the county in which the dispute arose. Federal courts have jurisdiction over matters involving disputes between citizens of different states and matters involving an - Read More

In criminal and civil cases, the parties have a right to have their case decided by a jury of their peers Each juror is sworn to hear the facts of a case, apply the law, and deliver a verdict. The jury is instructed not to allow personal feelings or biases to interfere or sway their judgment. In civil and criminal court, it is the judge who decides the law and the jurors who decide the - Read More

Jury instructions guide the jury on how to apply the facts to the law Written jury instructions are a set of plainly stated rules and guidelines that a jury must abide by in applying the law to the facts.  At the conclusion of the case, but before the jury deliberation commences, the judge will read the jury instructions to the jury.  These instructions can be taken into the jury room for - Read More

Jurors must be fair and not allow their own bias or prejudice to sway their judgment on the case The term voir dire means "to speak the truth." The term relates to each juror's duty to speak the truth when questioned by the court regarding their ability to be fair and impartial in judging the case, and whether they will follow the law as instructed by the court. This process is called jury - Read More

Juvenile courts exclusively govern the criminal prosecution of minors The juvenile age is usually under 18 years. The state goal of the juvenile process is not to punish but to rehabilitate the minor. Social workers and probation officials are usually very active in the juvenile charging and prosecution process. If possible, juvenile courts try to get the minor into diversion rather than - Read More

Kidnapping is the unlawful imposing of physical control over another and transporting that person against their will and without their consent Kidnapping is usually associated with requesting ransom for the safe return of the person abducted. This is a severe felony and carries long prison sentences, especially if the crime includes sexual assault or other serious harm to a minor. Under a - Read More

Landlords must comply with state and local housing and safety codes All states and municipalities have housing codes mandating every landlord provide essential services to their tenants. This includes hot and cold running water, a roof that doesn't leak, and safe wiring. Under the law, the landlord must provide the tenant with a legally habitable premise. In addition, many municipalities have - Read More

Leading questions of a witness are permitted on cross-examination in which the question infers or presumes a particular answer At trial, lawyers have two ways of questioning a sworn witness. One is through direct examination, and the other is through cross-examination. Direct Examination  On direct examination, neither lawyer is permitted to ask the witness leading questions. Direct - Read More

A generic term used to describe free or highly discounted legal services to those experiencing financial hardship and can be provided by private, public, social impact and nonprofit organizations Public service legal assistance is provided to those individuals who cannot financially afford the ordinary pricing of legal services—the state funds most Legal Aid programs. Law students often - Read More

In divorce, the parties can be granted sole or joint legal custody of their children Legal custody is often the sole domain of one parent who will exercise all legal authority over their child’s welfare. In joint legal custody, both parents share the authority to make major and long-term decisions over their children. In sole legal custody, this authority is not shared with the other - Read More

When lawyers breach their duty of care and cause harm to their client We have come to rely on professionals, whether it be in the field of medicine or law. Legal malpractice cases are less common than medical malpractice cases. Both fall under the category of professional negligence. We rely on lawyers to be responsible and ethical and to provide reliable and competent services. Mostly, that - Read More

A legal separation may be mutually agreed to or ordered by judicial decree The major distinction between a legal separation and a final decree of divorce is that spouses remain legally married during the separation. A legal separation by judicial decree can be, and often is, legally converted into a formal divorce decree by the parties. The process is sometimes referred to as a divisible - Read More

Protection for consumers who purchase a vehicle with major safety defects Most states define a "lemon" as a vehicle with major safety defects, such as trouble with the car's brakes, steering, or other problem that requires the vehicle to be in the repair shop for thirty days or more in one year. Suppose you prevail in your lemon law case against the dealer or manufacturer. In that case, most - Read More

If a crime contains a lesser included offense, the lesser one is not counted as a separate crime In most jurisdictions, lesser included offenses are not allowed to be charged separately since the lesser crime is already included in the larger one. You would be effectively punishing the defendant twice under the same set of facts. For example, trespassing might be considered a lesser included - Read More

It is unlawful for an employer to discriminate against an employee or applicant based on their sexual identity and orientation LGBT stands for people who identify as lesbian, gay, bisexual, or transgender. Sexual orientation discrimination occurs when an employer treats an employee differently because of the employee's sexual preference. Employer discrimination usually takes the form of - Read More

Coverage against claims for injury and property damage Personal injuries caused by negligence are often covered by liability insurance. Individuals and businesses purchase liability insurance to protect themselves from claims arising from their negligence or from the negligence of their agents and employees. Liability coverage can be part of your homeowner's, tenant's, and auto accident - Read More

Liability Waiver In Personal Injury Cases A personal injury liability waiver is a legal document that releases the defendant from any legal liability arising out of the injury-causing incident. This is also called a general release of all claims. If you sign such a document, young the defendant, even if your injuries worsen or you will be forever barred from suing, and try to claim additional - Read More

Libel is a defamatory statement through written or other forms of communications and mediums Defamatory statements damage not only a person’s reputation but can expose them to hatred, contempt, and ridicule and can cause economic damage to a person’s reputation, business, or profession. A cause of action for libel against the defendant requires proof that the statements made about the - Read More

Term Life Insurance And Cash-Out Services A life insurance policy is an assignable legal instrument that means a policyholder can sell their policy in exchange for an up-front cash payment. The policy buyer receives the death benefit in exchange for the money you accept and will continue making your premium payments until your death. There are many Life Insurance Cash-Out Services - Read More

LIPITOR is a prescription medicine that claims to lower cholesterol and reduce the chance of heart attack and stroke Lipitor is a statin that is commonly used to treat high cholesterol and lower the risk of stroke, heart attack, or other heart complications in people with type 2 diabetes, coronary heart disease, or other risk factors. The price of such medication is quite expensive if you do - Read More

A living will is a patient-based medical directive that states the patient's wishes should they be unable to make medical decisions on their own behalf Similar to what is known as an advanced healthcare directive, a living will specifically state the types of medical care requested if that person is no longer able to make medical decisions on their own behalf due to being physically and mentally - Read More

Federal consumer protection legislation mandating seller disclosure of their products and warranties The Magnuson-Moss Act was passed by Congress in 1975 requiring warrantors of consumer products to provide consumers with detailed product and warranty information.     - Read More

A deliberate and specific intent to inflict injury, suffering, or death on another person A mental state that demonstrates a conscious and intentional desire to inflict pain, bodily harm, or death on another. Malice is viewed as an evil that is so despicable it justifies the most severe punishment possible. Malice is often an element in first-degree murder. Malice can be shown by the - Read More

A negotiated settlement agreement between the parties to a divorce Sometimes called a divorce settlement agreement, a marital settlement is a negotiated document between divorcing parties that sets out their agreements on post-marital issues such as property division, support obligations, child custody, visitation matters, and anything else that the parties resolve prior to the conclusion of - Read More

Marriage counseling offers partners the tools to communicate better and empowers them to resolve difficult issues in their relationship A licensed marriage counselor is a talk-therapy professional trained to work on behalf of both partners and supports the relationship as a whole. An effective marriage counselor can facilitate and close the emotional gaps between partners while strengthening - Read More

Mausoleum is a funeral term describing a structure built to store deceased bodies that are individually sealed before being placed in a crypt Crypts are arranged in rows and columns, similar to the configuration of a locker room. However, unlike a set of lockers, a crypt does not have a door visitors can open. Both mausolea and cemeteries house entire coffins/caskets, whereas a - Read More

Mayhem also called aggravated battery is where the offender commits violent and grievous bodily harm to another The intentional and criminal act of cutting, disfiguring, or dismembering a human being. This form of hideous crime carries the most severe penalties and is considered a compound or aggravated felony.   - Read More

Med-Pay is added car insurance that pays for the driver's and occupant's medical bills resulting from a motor vehicle accident up to a limited amount Med-Pay covers all medical costs up to the Med-Pay amount purchased by the insured regardless of which party in the accident was at fault. Med-Pay only covers injuries directly caused by a personal injury motor vehicle accident. The sole purpose - Read More

Medical bankruptcy is an evolving term to describe the growing problem of people being forced into bankruptcy due to overwhelming medical debt People without access to comprehensive medical insurance While some employers offer comprehensive medical insurance, most do not. Those employers that do provide some level of medical insurance ask their employees to pay one hundred percent of their - Read More

Medical malpractice occurs when a doctor's carelessness results in harm to a patient Negligence is a form of carelessness committed by a professional healthcare provider resulting in injury to the patient. In legal terms, the actions or omissions of the health care provider fell beneath the accepted "standard of care" within that medical provider's professional community and within the health - Read More

Megan's law mandates law enforcement to make sex offender information available to the public The sex offender's information includes their full name and current address and the specific sex crime the offender was convicted of and when. The Megan public sex offender registration requirement is either for a fixed period of time—usually at least ten years—or permanently.   - Read More

A memorial service is a funeral term describing a ceremonial service or gathering to honor the memory and life of the deceased A memorial service is an event held in honor of a deceased person or several deceased people when their bodies are unavailable for the ceremony. If the human remains of the departed cannot be located, a memorial service is typically held in a place of a - Read More

Mens rea is a term that describes the legally required mental state necessary to establish criminal liability Mens rea requires a specific and knowing intent to commit a criminal act. Establishing the defendant's criminal intent (guilty mind) is a necessary element in proving the accused is guilty of a crime.   - Read More

A person who has been poisoned by asbestos and now has active symptoms of mesothelioma may make a claim for damages If a person suffers from an asbestos-related injury, the law provides special rules that govern whether a person is entitled to compensation. There are specific time limits within which the victim must file a legal claim. These time limits depend on your state - Read More

Miranda rights protect the accused against coerced confessions resulting from police interrogation In Miranda v. Arizona, the Supreme Court held that before a suspect can be interrogated, the police must read them their Fifth and Sixth Amendment Miranda rights which include: The right to remain silent The right to have legal counsel present during all questioning The right to know - Read More

Intentional conversion of funds by a person that was placed in a trusted position relative to protecting those funds The misappropriation of funds belonging to another and for which the defendant had a fiduciary responsibility to hold and secure over funds for the benefit of another. Examples of fiduciaries include: trustee attorney guardian estate administrator of personal - Read More

A crime that is punishable by less than one year in county jail Examples of misdemeanors:  First Drunk Driving Conviction Petty Theft Disorderly Conduct Disturbing The Peace Simple Assault - Read More

An affirmative defense in civil cases in which the damages awarded to the plaintiff are reduced in the amount in which the plaintiff failed  to mitigate their damages Example: Plaintiff was injured in a severe car accident but refused to seek medical care thereby failing to mitigate their damages. Had the plaintiff sought medical attention immediately he would not have incurred so much in - Read More

Mitigating factors that lessen the severity of criminal culpability and can reduce the punishment for a crime Those mitigating circumstances surrounding the commission of a crime can reveal the lack of serious criminal intent or malice to harm a person or property. These factors are considered compelling and traditionally have favored leniency towards the defendant from the prosecutor to the - Read More

Modus-Operandi is a method used by law enforcement to identify a suspect by discovering a particular feature or pattern to a suspects crimes The term modus-operandi (M.O.) means that the defendant's behavior possesses a unique and identifiable feature or pattern, method, or style that distinguishes some unique habit or repeated character trait of the suspect. By identifying the defendant's - Read More

An open-ended monthly lease without a stated term or expiration date A month-to-month residential lease is formed when a renter takes lawful possession of the property without a definite term or expiration date, and the rent is paid on a monthly basis. On such a lease, either party may terminate the tenancy by providing the other party with written notice. In most states, this notice must be - Read More

A loan for the purchase of real property which is secured by the real property A mortgage includes a deed of trust along with loan documents the lender (often a bank) receives from a third-party seller, which the bank will hold in trust. If the new owner fails to make payments on the loan, the deed of trust gives the lender the right to foreclose on that property by selling the - Read More

At trial, after the plaintiff rests their case, the defendant can motion the court for a directed verdict on the grounds plaintiff failed to meet their burden of proof Defendant's motion for directed verdict at trial Suppose the court denies the defendant's motion for summary judgment. In that case, the defense will again have another opportunity to dismiss the matter by bringing a motion for - Read More

Motion for new trial is made when one party believes an error of law was made that will unfairly prejudice the outcome of the case The motion requests the court to consider granting a new trial due to an error of law or substantial prejudice that resulted in an unfair trial for which the error or prejudice could not be overcome with a correcting jury instruction. Rarely Granted Trial - Read More

Evidentiary motions that are brought at or near a criminal or civil trial by a party seeking to exclude or limit the introduction of certain evidence from trial Motions In Limine are usually ruled on when the parties have been called to trial, but before the jury has been selected. These motions can be critically important and, when ruled on, can often have a significant impact on the case. In - Read More

Defense counsel's motion in a criminal case to dismiss the case based on insufficiency of evidence At the end of the prosecution's case, a defendant may move the court to dismiss the prosecutor's case because the evidence fails to prove the crime beyond a reasonable doubt and that the defendant committed the crime. From an employment search context, be forewarned that even though the criminal - Read More

Understand the different types of moving valuation options before choosing a moving company Moving company valuation methods differ even though they are regulated by consumer law. Professional household goods movers must assume liability for the cargo they transport. The level of that liability is up to you. Most movers offer four liability levels, which will be reflected in their tariffs. - Read More

A lower state court with jurisdiction over violations of ordinances and misdemeanors In many states, a felony criminal filing will first be filed in municipal court and then, after a grand jury indictment, be transferred to the superior court for a felony arraignment. Misdemeanors remain in municipal court through trial. Most new deputy district attorneys begin their prosecutorial career - Read More

Murder is an intentional killing of another human being The intentional killing of a human being with malice aforethought and without legal excuse or justification. Many states consider it murder when a killing results while in the course of a felony such as a carjacking or a robbery. Most states consider it murder when the killing results from torture, kidnapping, or the death of a police - Read More

The elements of civil negligence Negligence is the failure to use reasonable care resulting in physical or economic harm to another. Negligence is commonly measured against what a reasonable person would have done under the same or similar circumstances. The legal elements of negligence include: The defendant owed a duty to the plaintiff The defendant breached that duty of - Read More

Net lease is usually a commercial lease in which the tenant agrees to assume all occupancy costs in exchange for a reduced rental price In a net commercial lease, the commercial tenant will agree to be legally responsible for specific and identified liabilities arising out of their use and occupancy of the leased property. These liabilities include but are not limited to such responsibilities - Read More

The national labor relations board encourages collective bargaining and protects worker's rights to organize collectively The NLRB National Labor Relations Board is an independent federal agency that enforces federal laws governing labor relations between employers and workers. Access To NLRB Regional Offices: They can be contacted at 1-844-762-6572 - Read More

A criminal defendant at arraignment can enter a plea of "no contest" which means the criminal defendant neither admits nor denies the criminal charges The plea essentially is one of not guilty and requests the prosecution meet its burden of proving its case against the defendant beyond a reasonable doubt. Many courts will not allow a criminal defendant to plead no contest to a final plea - Read More

A no-contest clause under the law of wills and estates provides that if a beneficiary contests the will, they will automatically lose their share of the will No-Contest Clause In Will A no-contest clause within a will states that a beneficiary will lose everything they were going to inherit upon a person's death should they contest the will. Some states disfavor no-contest clauses - Read More

Allows for the quick resolution of car accident claims without litigating the issue of fault In some states, automobile liability insurance companies must follow the state's no-fault program. Under a no-fault program, an injured driver can collect from their own insurance company regardless of who is at fault for causing the accident. The purpose of no-fault car insurance is to ensure that - Read More

Any financial obligation that is disallowed from being discharged or exempted from bankruptcy Examples Of Non-Dischargeable Debt: SBA Financial Disaster Relief Loans (Covid Loans For Businesses) Student Loans Child Support Payments Alimony Payments Unpaid Tax - Read More

Debtor property that is non-exempt  must be surrendered to the bankruptcy trustee for liquidation and distribution to the debtor's creditors Examples of non-exempt property: Real property that is not considered your primary residence Stocks and Bonds that are not in an exempt retirement account A vehicle that is owned outright by the debtor or in which the debtor has significant - Read More

A non-immigrant visa means the applicant for admission does not seek to be either a resident or a citizen A type of visa allows a foreign national to seek admission into the U.S. on a temporary basis and for a specific reason such as tourism, business, and a temporary work assignment. Other non-immigrant purposes can include: Student Visa Religious Work Visa Journalist Visa Ship - Read More

A spouse's separate property is not part of the marital estate Non-Marital property is any property the spouse expressly kept out of the marital estate and expressly held in their own name during the marriage as separate property. Non-marital property is legally defined as that property that is acquired before the marriage. In addition, exclusive gifts or bequests expressly made to one spouse - Read More

Nuisance is any annoying or offensive disturbance that can have civil or criminal consequences Private Nuisance – Civil A Private Nuisance is the use of one’s property, which diminishes the ability and enjoyment of another person’s right to use their property peacefully and without annoyance. Examples of a Private Nuisance include loud and obnoxious noises, smells, and a dog - Read More

Supreme Court defines what content should be deemed obscene as a matter of law Obscene Content Defined A Supreme Court Justice once said about obscenity: "I can't define it, but I know it when I see it." Notwithstanding, the Supreme Court went ahead and legally defined what the previously stated was undefinable. The court defined obscenity as that which is sexual in nature and appeals - Read More

A crime against the justice system Obstruction of Justice has been broadly defined as "any interference with the administration of law and justice." While broadly defined, specific instances of such criminal conduct have been encoded into well-defined state and federal statutes. The following are examples of obstruction of justice: Trying to influence law enforcement, jurors, and public - Read More

Obsessive Compulsive disorder manifests in as compulsive thoughts and behavior that are believed to be caused by extreme levels of anxiety Obsessive-Compulsive Disorder (OCD) describes a person that engages in unwanted compulsive behavior repetitively, obsessively, and without a rational purpose. Examples of such behavior include excessive hand washing and ritualistic behaviors such as - Read More

OSHA enforces federal laws mandating worker safety and labor laws in the workplace The Occupational Safety and Health Administration (OSHA) is a Federal Agency that assures safe working conditions by setting and enforcing standards, and by providing training, outreach, education, and assistance to businesses and other types of organizations.     - Read More

Overtime-Pay - employers who refuse to pay overtime violate federal and state wage and hour laws Number Of Work Hours Worked Before You Are Entitled To Overtime Pay The number of “work hours” that exceed 40 hours within one week in most jurisdictions are considered “overtime,” which are generally paid at the rate of one and a half (1 ½ ) times your regular rate of pay. Federal Labor Laws - Read More

O.R. stands for the release of a criminal defendant from jail on their "own recognizance" without bail and  based solely on their promise to appear for all further court proceedings In our criminal justice system, when a criminal defendant is released from jail on their "Own Recognizance" (O.R.), it is usually because the probation department has made this recommendation to the court, Being - Read More

Pain and suffering is a primary element of general damage claims in personal injury cases Pain and suffering allow for compensation for one's pain, distress, and suffering caused by the physical injury and the limitations that resulted from the injury. Pain and suffering may include frustration, regret, distress, hurt, hopelessness, and despair. Plaintiffs are allowed to prove damages - Read More

Parent alienation happens when one parent maliciously tells the child negative things about the other parent, resulting in the child rejecting the other parent Parental alienation is a form of emotional abuse in which one parent uses strategies to turn a child against the other parent. This can include making negative comments about the other parent, withholding information about the other - Read More

If a prisoner is eligible for and granted parole, the full term of the prisoner's sentence is reduced Parole is a privilege offered to a prisoner in the federal system for demonstrating good behavior and because they are no longer deemed a threat to society. Purposes of parole Serving time in prison has numerous goals, retribution for the crime committed, deterring others from - Read More

Determine the paternity of the child through genetic testing Determining The Biological Father In a marriage between a man and a woman, there may come a time when the husband wants to determine with certainty that the child the marriage produced was the result of the married couple and not a third party. Paternity litigation can be initiated by the mother seeking child support or by the - Read More

Pawnbrokers trade cash for personal property and make high-interest loans collateralized by the borrower's personal property The pawn business dates back to ancient Rome. Today, there are over fourteen thousand pawnbrokers nationwide. Last year pawnbrokers transacted over thirty-five million loans. The interest rates on such loans are extremely high and the loan terms highly favor the - Read More

Notice to pay or quit is a legal notice that is served on the tenant demanding that the tenant pay all outstanding rent or vacate the premises within a specific number of days A written legal notice to the tenant by the landlord ordering the tenant to pay overdue rent or vacate the premises within a stated period of time. In most jurisdictions, the time with which the tenant must vacate is - Read More

A legal method of dividing property among the legal heirs of a deceased person Per Capita Distribution Under the law of per capita distribution, the intended distribution of the decedent's property can be limited to a designated class of people. For example, the testators will states that all real property shall be distributed upon his death to his children (here the class of people are his - Read More

When a named beneficiary to a will or trust dies before the testator does, the property will go to the deceased beneficiary's family Per Stirpes Distribution Under a per stirpes distribution, if one of the testator's named beneficiaries dies before the testator, the share of the testator's estate will pass to the beneficiary's descendants, such as the beneficiaries children.   - Read More

Peremptory challenges allow both sides to remove a potential juror as a matter of right and need not show good cause for removing a juror Premptatory Challenges Both sides are assigned an even number of peremptory challenges, which either side can use during the jury selection process to dismiss a juror from serving. Peremptory challenges are used in both civil and criminal jury - Read More

Most tenancies have a rental term with the most common form being a periodic rental lease A periodic rental agreement is one in which the lease term runs from week-to-week, month-to-month, or year-to-year. Four major types of tenancy: Fixed-term tenancy  Periodic tenancy (ex: month-to-month) Tenancy at sufferance (holdover) Tenancy at will - Read More

The willful telling of a lie after being sworn to tell the truth under penalty of perjury is a crime Perjury can be difficult to prove since it is based on the defendant's state of mind. The perjurer must know he is lying and do so intentionally. Committing perjury is a crime. Sometimes the liar can have a cognitive disability or memory loss, which prevents the accused from adequately - Read More

The legal status of being authorized to work and remain in the U.S. indefinitely Obtaining permanent resident status grants the person the legal right to live in the United States indefinitely. This does not mean the person has been granted U.S. Citizenship. A permanent resident must still have legal citizenship in another country. Green Card Obtaining a Green Card allows you to live and - Read More

Personal injury lawyers represent accident victims for injuries caused by the carelessness of others Injury attorneys, also called accident lawyers, prosecute many different types of injury cases and many different types of accidents: Car Accidents Bus Accidents Motorcycle Accidents Truck Accidents Pedestrian Accidents Slip-Trip And Fall Accidents Defective Products - Read More

Personal Injury Lenders If you suffered a personal injury, you might be able to obtain a loan against your expected recovery in your personal injury case. Assuming, of course, the defendant in the case is legally responsible for your injuries and there is sufficient insurance to cover the economic and general damages your lawyer is claiming. Most of these loans are non-recourse, which means - Read More

A plaintiff is considered the aggrieved party in a civil case that is suing the defendant claiming the defendant is legally responsible for the plaintiff's damages and demanding compensation         - Read More

The plaintiff’s counsel represents people in civil cases who have been damaged or injured in some way by a defendant's wrongful conduct The alleged party responsible for the plaintiff's damages is called the defendant. In the case of personal injury cases, the defense lawyer is usually paid by the defendant's insurance company. In personal injury cases, the defendant is alleged to have - Read More

A negotiated plea agreement in a criminal matter between the prosecutor and the attorney for the accused The plea bargain usually results in the defendant pleading guilty to a lesser charge in exchange for a reduction in the severity of the penalty. Courts favor plea bargains because they result in judicial expediency and predictability in the outcome of the matter. Today, more than 95 - Read More

A polygraph is an electronic device used mainly by the police to determine the probability of whether a suspect is telling the truth The polygraph machine is designed to illicit subtle physiological responses from being asked specific questions. The theory behind the polygraph is that when one lies, the body reacts by increasing breath, pulse, and heart rate. While polygraphs are not allowed - Read More

Possession of pornography Pornography, in general,  has been legally defined as the visual and auditory display of sexual activity intended solely to excite sexually with no redeeming social or artistic value. Under federal law, possessing child pornography and trading such pornography with others carries a minimum federal prison sentence of five years. State laws vary significantly from - Read More

Notify important government agencies and banks of your change of address Whether you went through a divorce or relocated for a new job, you will need to alert all official government agencies of your new location. The following may apply to you: Social Security IRS Veterans Administration, Motor Vehicle Agencies, State Election Services- Immigration Services Go - Read More

In a pour-over will, assets are poured from the will into a trust that was established for the distribution of the estate's property and in accordance with the intentions and instructions of the testator A pour-over will, sometimes called a pour-over trust is an estate planning tool for controlling and distributing certain types of assets before or after one's death. A pour-over will protects - Read More

A power of attorney is a legal authorization that gives a designated person the power to act for another who is called the principal The most common type of Power of Attorney (POA) is limited to a specific and well-defined legal act or set of actions to accomplish a particular task or purpose. Limited Power Of Attorney - For A Limited Purpose A POA is commonly used in consumer transactions - Read More

Pregnancy discrimination in the workplace is illegal Congress has enacted the Pregnancy Discrimination Act, which prohibits maternity discrimination in the workplace. Including but not limited to hiring, firing, and pay discrimination. The EEOC is the federal enforcement agency that investigates such matters.               - Read More

A preliminary hearing is a criminal probable cause hearing conducted by a judge or magistrate rather than a grand jury A preliminary hearing does not determine the guilt of the accused. The sole issue to be resolved by the judge is whether the prosecutor can put on enough evidence to indict the defendant, which is probable cause to believe the defendant had committed a crime and that the matter - Read More

A contract signed between partners before marriage that will define their respective legal property rights during marriage and in the event of a divorce or death A prenuptial agreement is a signed contract between two people who intend to marry. In this contract, all marital property rights, support rights, and all other material legal rights and obligations are set out in the event of divorce - Read More

The criminal defendant is presumed innocent unless proven guilty beyond a reasonable The legal burden of proof is the responsibility of the prosecutor. The accused theoretically bears no burden of proof. The state carries the entire burden of proof. If, after all the evidence is presented to the jury, a reasonable doubt remains as to the defendant's guilt, the jury must acquit the - Read More

A criminal pretrial conference informs the trial judge of the status of the case and resolves outstanding pretrial issues In most jurisdictions, pretrial conferences are held in anticipation of an upcoming trial. There will likely be several pretrial conferences as your case as it moves through the criminal court system toward trial. Depending on the state, pretrial conferences are sometimes - Read More

Pretrial discovery informs the defense on the evidence the prosecutor intends on using at the time of  trial Pretrial criminal discovery phase is the process by which the defense obtains copies of the prosecutor's evidence, such as witness statements, investigative reports, criminal histories, police records, examinations of physical evidence, photographs, forensic reports, and any evidence the - Read More

A legal term that means the proposed evidence on its face establishes the minimum elements necessary to prove an arguable presumption of guilt or civil wrong Example of Prima Facie in Civil Context In the civil context, one example of a prima facie case happens in what is called a default prove-up hearing. A prove-up hearing is when a civil defendant is found in default by not appearing in - Read More

Pre-programmed prison tablets provide restricted e-mail services to prison inmates Some prison systems provide preprogrammed computer tablets. While these tablets do not have open internet access for prisoners, they can receive email on the device from a preselected group of people that have registered for the account, usually family members. The tablets also provide access to a library of - Read More

Providing prisoners access to educational content Prison systems are allowing certain prisoners to use preprogramed computer tablets for the purpose of educating themselves.  Prison service provider JPay is one of the primary providers of such tablets which typically sell for about $70 and are available depending on the rules of the prison facility.  Prison tablets provide access to a - Read More

Prison inmate telephone communication is heavily restricted and controlled Prison services, such as being able to place and receive calls, are highly dependent on the rules of each prison facility.  All prisons have strictly enforced time schedules where prisoners can make calls, usually between 7 am-10 pm. Prisoners can make outgoing calls only, but incoming calls are not - Read More

Two types of prison terms for two separate crimes are served either consecutively or concurrently Concurrent Sentence Two sentences for more than one crime are ordered to be served at the same time. In this regard, the prison terms will run together or what is called concurrently. Example: A defendant is convicted of two separate crimes - Robbery and Drug Trafficking. The defendant - Read More

Process of scheduling prison family visits  Families and loved ones of a prisoner can remain in contact by scheduling a prison visit. Research has shown that people in prison who stay connected to family and loved ones are emotionally healthier and can result in lower recidivism rates. Depending on what kind of prison a loved one is in, scheduling a visit follows a rigorous process, usually - Read More

Private investigators are retained to explore specific and sensitive situations for clients and obtain evidence Many Private Investigators are retained by divorcing spouses and jealous boyfriends who suspect infidelity. Private investigators are not authorized to enforce the law. Still, they are frequently used by many organizations and must be licensed and registered with the - Read More

The privileges and immunities clause of the constitution prohibits one state from violating the rights of a citizen from another state The U.S. Constitution explicitly states: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The Privileges and Immunities Clause protects all citizen's fundamental rights no matter their - Read More

Probable cause is legally required for law enforcement to search seize and arrest a criminal suspect Probable cause is the amount of proof required before a police officer can stop, search or arrest a criminal suspect. The degree of belief required will cause a police officer to conclude that “under the totality of the circumstances,” a crime has been or is about to be committed. 4th - Read More

Probation allows the offender to avoid jail time in place of agreeing to fully comply with the court's terms and conditions of probation Once the defendant pleads to a criminal offense or is guilty of one, the court will, upon recommendation of the probation department, impose a probationary term imposing terms and conditions that must be fully complied with, or the probation will be - Read More

Request to produce documents is a formal civil litigation discovery demand in which one party requests specific documents from the opposing party who must produce the requested documents or make a lawful objection to them Once documents have been produced, the next discovery phase is usually the taking of depositions. - Read More

Proof of a fact must meet legal and evidentiary requirements before it can be admitted at trial to prove a fact or issue in controversy Proof that is admitted into evidence in a civil, criminal, or administrative hearing must tend to prove or disprove a fact in controversy. Proof can be presented as direct or circumstantial evidence. Both forms of evidence are admissible as legal - Read More

The prosecutor's power of discretion to file charges on a criminal suspect The prosecutor receives a law enforcement recommendation, and the prosecutor, upon reviewing the police report, determines the seriousness of the crime and the evidentiary value of filing criminal charges against the suspect. Not all police recommendations result in formal charges being filed because of the lack of - Read More

Prostitution is the act of offering and engaging in sex in exchange for money Defense To The Crime of Prostitution A common defense to the crime of prostitution is entrapment. Police may not unreasonably pressure a suspect to commit a crime the person was not already predisposed to commit. For example, a female undercover officer cannot approach a potential "john" and say, "Please have sex - Read More

Protective custody is a type of protective confinement to protect the person from harm by outside or inside sources The placing of a person in government control to protect that person from threats of danger. Protective custody is sometimes used to help a child who has been threatened or abused by his parents. Sometimes the FBI will place a government witness in protective custody prior to trial - Read More

Indigent defendants are guaranteed the right to appointed counsel In the legal sense, the term "indigent" has a precise legal meaning because it is tied to the Fifth Amendment right of the accused to be provided counsel as promised in the reading of a defendant's Miranda right. Under such circumstances, an attorney is appointed by the state at no charge. Having the right to counsel at no - Read More

A public lawyer who is regularly assigned by the courts to legally defend people accused of crimes who cannot afford a private attorney Most public defenders are dedicated legal advocates for the accused. Unfortunately, they are overworked, underpaid, and lack the staff support and resources that private criminal defense attorneys enjoy. As a result, public defenders tend to plea bargain most of - Read More

Type of damages awarded to the plaintiff by proving the defendant's conduct was malicious and despicable Suppose the plaintiff in a lawsuit proves that the defendant acted "maliciously" or with knowing intent to harm. In that case, the court might allow an award of "punitive" damages to punish the defendant and to dissuade others from engaging in such conduct. An award for punitive damages is - Read More

A person who marries a person without being aware that person is already married is called a putative spouse Under the putative spouse laws in most jurisdictions, the unaware spouse can claim entitlement to half of the spouse's marital property that concealed their marital status from the putative spouse.   - Read More

If the legal service of the complaint or cross-complaint is legally defective, the opposing party can motion the court to invalidate or quash the service of the complaint As soon as the lawsuit is filed, the plaintiff must properly serve the summons on the defendant, which informs the defendant they are being sued and how and when they must respond. If there is something legally defective - Read More

The court's power to invalidate a lawful subpoena based on a motion challenging the legal sufficiency of the subpoena The process usually begins with a subpoena served on a lawyer's client for documents or the client's personal appearance at a hearing, such as a civil deposition. The client's lawyer may challenge the subpoena by first contacting the lawyer that issued the subpoena, objecting - Read More

A type of community property that results when a married couple relocates to a community property state from a non-community property state and then files for divorce Quasi-Community property is that which is acquired while living in a non-community property state but has since relocated and is currently living in a community property state. To understand the significance of this, we must - Read More

In civil and criminal trials all questions of fact are almost always determined by the jury A jury is legally obligated to decide all questions of fact in a jury trial. The judge decides all questions of law. If the trial does not include a jury, the judge will decide all questions of law and facts in a given case. The latter is called a court trial, and the former is a jury trial.     - Read More

When presiding over a civil or criminal trial deciding questions of law belong exclusively to the judge When there is no jury, the judge will decide both questions of law and fact. A jury is never allowed to question the law. The jury's role is to follow the law and apply the facts to the law. Questions of law include interpreting what the law states, its intended purpose, scope, and - Read More

Ransom is a crime usually secondary to the kidnapping of a person or the unlawful taking of valuable property to extort another to pay for its safe return Kidnapping for ransom is considered a form of economic kidnapping or kidnapping for profit. At the federal level, such crimes are considered predatory crimes carried out by criminal organizations rather than single offenders. Currently, the - Read More

An injured and disabled worker can require their employer to make reasonable accommodations for their disability In employment settings under the law, employers are legally obligated to make reasonable accommodations for people with disabilities. However, these accommodations may not be mandated if it presents an undue hardship on the employer. - Read More

The prosecutors must prove the defendant guilty beyond a reasonable doubt The prosecutor has a very high burden to meet, especially when we consider that the constitution requires the defendant be presumed innocent. Unanimous Verdict Required To Convict The prosecutor must obtain an unanimous verdict for a finding of guilt. For the defense to obtain a not guilty verdict they too must - Read More

The goal of rebuttal is to contradict and refute opposing counsels witness testimony At trial, after one attorney examines a witness, called direct examination, the opposing attorney can cross-examine the witness to rebut the witness's former testimony or impeach the witness's credibility. The purpose of presenting rebuttal testimony is to contradict the previous witness's testimony. This can - Read More

Driving with willful and reckless disregard for another's safety Although state jurisdictions vary, most states follow the Uniform Vehicle Code, which defines reckless driving as the "willful disregard"  for the safety of persons or property. Reckless driving is mostly associated with impaired driving - mostly drunk driving. To criminally charge a driver with reckless driving (sometimes - Read More

A person fleeing from their country of origin must first be admitted as a refugee To qualify as a refugee, a person must prove they escaped from their country of origin and seeks asylum in another country. A refugee seeking asylum must prove that they have a well-founded fear of being persecuted or facing imminent danger or will be returning to a humanitarian crisis. The most common forms of - Read More

Only relevant evidence is admissible at trial Evidence is relevant if tends to prove or disprove a material fact in controversy. Evidence that is not relevant is not admissible at trial. Any evidence that tends to prove or disprove a necessary element of a crime or civil wrong is almost always considered relevant. Relevant evidence may still not be admissible if it violates some other rule - Read More

In a civil case resulting in a judgment against a party, that party may obtain relief from the judgment by claiming it was based on a mistake or administrative error Relief from a lower court's judgment may be made by requesting the appellate court to intervene and modify the trial court's judgment because it fails to represent the court's actual ruling in the matter. Under FRCP, Rule  60., - Read More

Employers are prohibited from discriminating against an employee or applicant for employment based on their religious beliefs Any discrimination based on an employee's religion related to the employer's hiring, firing, promotions, and terms of employment is strictly prohibited. Furthermore, employers must reasonably accommodate an employee's religious beliefs so long as it does not create an - Read More

A rent-control ordinance limits how much a landlord can raise the rent on a tenant Rent control allows landlords to charge whatever they believe the market will bare, usually the highest price possible. This price then becomes the base rent price for the apartment. Once the base price is established, rent control restricts how much the landlord can increase the rent. These laws limit only rent - Read More

Vehicle repossession is the act of a creditor taking physical possession of the debtor's vehicle without warning or notice Repossession is when a borrower takes out a secured loan to pay for the vehicle. The lender collateralizes the loan by retaining full ownership of the vehicle as security for repayment of the loan. The title does not legally pass to the borrower until the loan terms are - Read More

Request for admissions is a civil discovery tool that requests the responding party to admit or deny a specific fact under oath Civil Discovery is the formal and legal process in which opposing sides, the plaintiff and defendant, can exchange information and legal theories about their case. Both sides want to know what the other side will admit or deny at trial. This is the purpose of the - Read More

A discovery tool by which either side in civil litigation can require the opposing side to provide them with specific documents The term "Documents" are construed very broadly in civil litigation and can include physical things, including those written, recorded, prepared by experts, medical records, x-rays, photographs, video, etc. Code Of Civil Procedure The overall process is called - Read More

Even if innocent a suspect has no right to resist arrest Resisting an arrest is a misdemeanor. It is also a misdemeanor to interfere with an officer while the officer is engaged in official duties. Resisting arrest typically comes in the form of an arrestee physically struggling with an officer as the officer is placing handcuffs on the arrestee.   A common defense to resisting arrest is that - Read More

In cases of family and divorce law disputes, a judge may issue a restraining order to protect one spouse from the other spouse or ex-spouse Restraining orders are also issued in cases involving alleged sexual harassment, stalking, threats, assault, and endangerment of a child. The legal process for obtaining a restraining order requires the petitioner to present evidence regarding the - Read More

Retaliatory termination due to employee exercising their legal rights Termination by an employer of an employee in retaliation for informing a governmental agency of some illegality the employer has committed. This type of retaliation is mostly seen when an employer fires an employee because they made a claim with the labor board or the EEOC. - Read More

Landlord retaliates against a tenant for reporting the landlord to the authorities The retaliation can take many forms. It could be the tenant's outright eviction, raising the rent, or even harassing the tenant to the point the tenant feels compelled to vacate the premises. Tenant Claims Retaliation  Examples: A landlord learns that the tenant filed a claim against him with the fire - Read More

Whistleblower is fired for reporting the employer to the authorities for violating the law Suppose you report your employer to the police or state or federal agency for violating the law. In that case, your employer is legally prohibited from firing you in retaliation for reporting them to the authorities - even if you are an at-will employee.   For example, suppose your employer illegally - Read More

A "will" is not the only way to dispose of property at your death - you can also do so during your lifetime through a revocable living trust Revocable Living Trust Using a revocable living trust, you can retain control of your property during your lifetime. This will allow you to determine who will receive your property after your death and avoid the costs and delays of probate. - Read More

RICO laws were formed to combat organized crime The Racketeer Influenced and Corrupt Organizations (RICO) was enacted by section 901(a) of the Organized Crime Control Act of 1970 The purpose of RICO was to break down the power structure of organized crime in the United States. This meant warring mob bosses and their cronies that controlled such organizations. Vicarious Liability Over - Read More

Sixth-Amendment criminal defendant's right to a speedy trial In criminal prosecutions, a defendant's right to demand that trial commences within a specified time from the date of arraignment or incarceration is known as the right to a speedy trial. The Supreme Court does not specify how many days, weeks, or months from a defendant's arraignment or incarceration constitutes compliance with the - Read More

EEOC right-to-sue letter gives the worker the right to file a discrimination lawsuit against their employer According to the Equal Opportunity Employment Commission (EEOC) guidelines, an employee must file a discrimination complaint form with the EEOC within 180 calendar days from the day the discrimination took place. Once your case is reviewed, the EEOC will issue you a right-to-sue letter, - Read More

A robbery is an intentional act of stealing by force, violence, or immediate threat of force or violence A robbery is an aggravated form of theft that can include brandishing a dangerous weapon. Most states charge robbery as an aggravated form of theft, often resulting in substantial prison terms.t Robberies often occur at late-night convenience stores, back streets, and alleyways. While bank - Read More

RV stands for recreational vehicles and are sometimes used as mobile shelters in times of financial hardship Hitting the road with your trusted recreational vehicle meant it was time for a vacation or a road trip with the family. In times of financial trouble, it can be the perfect escape from the high rent price and the constant stress of the same old grinding work. Era Of The Digital - Read More

RV consumer rights relating to defects in recreational vehicles are covered under lemon law protections The Uniform Commercial Code (UCC) regulates the purchase and sale of products, including, by definition, the sale of vans, motor homes, and other types of recreational vehicles. The lawyers that represent buyers of defective vehicles (lemons) are consumer protection lawyers. - Read More

Schizophrenia is a mental illness that is believed to distort how a person thinks and perceives reality Schizophrenia is a psychotic disorder affecting less than one percent of the U.S. population. Active symptoms include delusions, hearing voices, hallucinations, impaired speech, and distorted thinking. A diagnosis of Schizophrenia is marked by a person's inability to tell what is real from - Read More

Latin term to describe a criminal defendant's mental awareness and active willingness to commit a crime Scienter demonstrates both a willingness to commit a crime and a corresponding act in furtherance of the crime. Whether it's grand larceny or petty theft, the prosecution must prove the defendant was aware of the wrongfulness of their conduct. Not all crimes require scienter. Matters - Read More

Search and seizure must be based on either a search warrant or probable cause The legal term “probable cause” is used extensively by law enforcement and our criminal justice system. The term represents the standard of proof necessary to establish before law enforcement can search and seize evidence that they believe will connect the suspects to the evidence seized. The 4th amendment states in - Read More

A search warrant is a judicial order granting permission to law enforcement to search and seize evidence at a specific time and place The search warrant must be supported by probable cause that a crime has been committed, and the search and the evidence seized supported that probable cause. The Fourth Amendment to the Constitution specifies: "…no warrants shall issue, but upon probable cause, - Read More

A secondary service that is reserved for close friends and family and is typically more intimate A secondary memorial service generally describes a gathering of family and friends without the body or remains of the deceased present. There may have already been a direct burial or cremation with a private, intimate service for only the closest of family and friends. A memorial service would be - Read More

A debt that is secured by either personal or real property A secured debt is collateralized by something of value which exceeds or is equal to the value of the debt. Examples Of Secured Debt A secured debt is a car loan in which the creditor may repossess the vehicle upon the borrower's default on the loan. A secured home mortgage in which the home's equity secures the loan, and - Read More

Sedition is a broad and rebellious act against our government This crime includes the crime of conspiracy, which is an agreement between individuals within an insurgent group to aid and assist in the government's violent overthrow. For example, in 2023, former President, Donald Trump, was indicted for conspiracy with others inside and outside the government to disrupt and harm the existing - Read More

IRS has the power and legal authority to seize your business Depending on the type of tax and how much is owed, the IRS may take your business. They certainly can close down a business and have been known to do it. There are at least two reasons why the IRS might seize a business: The first is to sell the assets and use the money to pay the tax owed. The second is shutting down a - Read More

A criminal defendant may assert self-defense if confronted with an imminent threat of violence The force used must be proportionate to the threat and not excessive. The law of self-defense may appear straightforward but can turn problematic when the facts are applied. Example: An intoxicated man verbally accosts a pedestrian walking along a street in the early evening. After exchanging a - Read More

The landlord is legally prohibited from removing a tenant other than through the formal court eviction process Self-Help is an act that endangers the physical safety of both the landlord and the tenant. The law prohibits landlords or their agents from engaging in self-help in eviction. The owner and property manager must strictly follow the state's eviction laws. Examples of self-help - Read More

In criminal matters, it is unconstitutional for law enforcement or the government to compel a person to testify against their legal interest or force another to produce evidence that tends to prove their guilt - Read More

Non-marital property remains the undivided separate property of one spouse Generally, separate property includes property owned before marriage or property that is acquired during the marriage by either gift, inheritance, or bequest to only one spouse. Sometimes the separate property of one spouse can be transmuted into community property of both spouses through the commingling of assets, - Read More

A jury is sometimes sequestered in a hotel under the court's direct supervision in highly charged and media-intensive criminal prosecutions Isolating a jury during all aspects of the trial, usually by providing all living and eating accommodations for the jury under court deputy supervision, is jury sequestration. Sequestering requires that the jury and its "alternates" (usually three - Read More

Proof of the legal delivery of official pleadings or other documents to a person or entity is called service of process In civil cases where there is a court filing of a lawsuit, such as a civil complaint, the law requires proof that the lawsuit was actually served on the intended party. Service of Civil Complaint Legal process means delivering a copy of the court-endorsed - Read More

Criminal defense pretrial motion to sever two or more criminal defendants from being tried together by the same court and jury due to the potential for prejudice Motion to sever the criminal case can be brought by either the state or defense counsel and requests that one or more of the co-defendants be given separate trials based on the fact there are separate charges for each - Read More

When you are about to lose your job, sometimes your employer may offer you a severance agreement to offset your temporary loss of income but also for self-serving reasons  None-Compete Clause A non-compete clause prevents you from competing with your previous employer in the same type of business. These clauses can be held valid and enforceable. However, there is a public policy of not - Read More

Sexual assault is when someone sexually touches another person without their consent Sexual assault is a legal category of different types of sexual offenses. The most common form of sexual assault include: Rape Statutory Rape Child Molestation Sexual Battery   - Read More

Unlawful sexual touching without consent Sexual assault and battery is sexual contact by force between a defendant and a victim. If sexual contact is committed with a weapon, causes harm, is aided by another person, or the victim is under thirteen, the offense becomes an aggravated sexual battery which, in most states, carries substantial prison terms. The primary defense against sexual battery - Read More

Child molestation is any kind of physical sexual contact between a perpetrator and a child Sexual acts made against a child are the most pernicious forms of criminal violence in the criminal justice system and carry severe penalties and public registration requirements upon release. Most convicted Pedophiles face criminal charges that include multiple counts, and in most jurisdictions, the - Read More

Situs is the legal term used for the geographical location of real or personal property or the location where the civil wrong or crime occurred for purposes of determining a court's jurisdiction Situs refers to the location of where the crime or civil claim occurred. Situs can be the basis for where a court will impose its jurisdiction over the matter. Example of "In Rem" Jurisdiction: If - Read More

Small claims courts are limited to the types of claims and the maximum amounts a party can recover Each state's small claims court system has its jurisdictional limits and the types of disputes that can be litigated by the court. For example, as of 2023, the California Small Claims Court's jurisdictional cap on the amount of money a party can sue for is $10,000.     - Read More

SNAP food cards provide federal assistance for people going through financial hardship In the USA, Food Assistance is provided through the Supplemental Nutrition Assistance Program (SNAP). Received in the form of a SNAP Food Card, (previously called food stamps) it allows you to buy a variety of household foods such as vegetables and fruit, dairy products, meat, fish, poultry, bread, and - Read More

Social Security Disability claims are for people who cannot work due to a medical disability Social Security pays benefits to people who cannot work because they have a medical condition expected to last over one year or result in the applicant’s death. Federal law requires a strict definition of disability. While some government programs offer money to people with partial disability or - Read More

The sodomy law defines certain sexual acts as crimes In some states, sodomy laws relate to what is considered "unnatural" sexual intercourse, such as anal intercourse, oral copulation, or sexual acts between same-sex partners. Many of these laws come from 17th-century colonial America. Most states have repealed their sodomy laws only to substitute them with what they now call unnatural or - Read More

Under the law, only one owner can have an ownership interest in a "sole proprietorship," which can have certain tax implications  A different entity type will be needed if two or more people want to operate a business. This is known as the Sole Proprietor Rule. - Read More

Almost total isolation and the most severe form of imprisonment To be held in solitary confinement is to be isolated from all human contact inside the prison cell for 22-24 hours a day. Time spent in solitary confinement can range from days to years, and in some cases, even decades. According to Prisonpolicy.org, the effects of solitary confinement on mental health can be lethal. People in - Read More

A special appearance by an attorney does not mean the attorney is submitting to the court's jurisdiction in the matter Challenging The Jurisdiction of The Court Over Attorney's Client Sometimes a special appearance by an attorney is made for the sole purpose of challenging the court's jurisdiction over the attorney's client and the attorney's presence at the hearing is only to argue that - Read More

Special jury instructions are usually meant to clarify a legal or factual issue that specifically relates to the evidence presented to the jury In a jury trial, the judge will instruct the jury on applying the law to the facts. Standard jury instructions published by the state pertain to either a civil or criminal proceeding. There are also specially prepared jury instructions prepared by the - Read More

Spousal support orders are usually contained in the divorce decree and include the amount, payment structure and other requirements Most states have adopted the Uniform Marriage and Divorce Act. The Uniform Act recommends factors the state court should consider in determining the spousal support's structure and payment requirements. Spousal support orders are sometimes referred to as - Read More

States may enact their laws so long as they do not violate federal law Under the Federal Constitution, states reserve their right to enact their own state civil, criminal, and administrative laws, including their own municipal and county laws. Under our political doctrine of Federalism, there is a legal separation between individual state rights (the right for the state to legislate their own - Read More

Each state must recognize the orders and decrees issued by other state divorce courts The U.S. Full Faith and Credit Clause of the Constitution requires each state to honor all other state judicial proceedings' public orders, acts, and records. There are exceptions to the rule, such as same-sex marriages. Not all states are willing to follow other state laws when it specifically violates - Read More

You must file your civil complaint within the strict and legally prescribed time limit or risk being forever barred from bringing your claim in the future The law has strict time limits on the right to file a complaint. Failure to file the lawsuit before the statutory deadline will result in losing your rights and the dismissal of your case forever. For example, many states limit the time to - Read More

Statutory rape is a form of strict liability that is solely based on the actual legal age of the victim, not what the defendant thought was the victim's age There are two classifications of rape. One is statutory rape which is solely based on the age of the victim, and common law rape, which is determined by the state of mind of the offender and the alleged victim. Common Law Rape The - Read More

The stipulation is a verbal or written agreement usually between opposing lawyers at a present or future official judicial proceeding In law, a stipulation is usually a written document evidencing a conditional agreement between opposing parties. There are many types of stipulations. Stipulations between counsel and they are highly favored by the courts. Once a stipulation is agreed to by - Read More

Possession of stolen property requires an awareness that the property was stolen, which makes the possessor an accessory to the crime  Possession of Stolen Goods  The possession of goods known to have been stolen can be charged as a felony. The critical distinction is whether or not the possessor of the stolen property knew it was stolen when he took possession and therefore was an accessory - Read More

Police can stop and frisk (pat-down) a suspect based on a reasonable suspicion that the person committed or was about to commit a crime The right of police to stop and frisk a suspect without having probable cause to do so is called the "Terry Pat-Down" rule. The Supreme Court in Terry v. Ohio, 392 U.S. 1 (1968) held that law enforcement could legally detain and frisk a suspect without - Read More

Strict liability does not require proving the defendant was negligent or intended to cause harm to be liable for the plaintiff's damages Under modern-day law, a defendant in either a civil or criminal case can be held strictly liable for the damages caused without proving negligence in civil cases or specific intent or culpable recklessness in criminal cases. Civil Cases - Strict - Read More

The purpose of a structured settlement of a minor is to ensure that the money resulting from a negotiated settlement (or a post-award verdict) will be safely and professionally managed In tort cases, especially involving injured minors, the court will usually require that the payout of a personal injury settlement be structured rather than be received by the plaintiff in a lump sum. The - Read More

Subornation of perjury is to knowingly allow or encourage another to commit perjury Crime Of Perjury The crime of perjury is the knowing and intentional making of untrue statements while under oath to tell the truth at a judicial or official proceeding. This is often considered being in contempt of court. Perjury also pertains to the signing of written statements and declarations known to - Read More

A subpoena is a legal and official written order to compel a person to attend an official hearing and give sworn testimony under oath and, if also ordered, to produce records and documents to the hearing Like a warrant, a subpoena is an official document that carries the full force of a judicial order. To willfully disobey a lawfully issued subpoena is to risk exposing oneself to being held in - Read More

An accuracy tax penalty is considered a substantial understatement penalty Accuracy-related penalties are a collection of different penalties. The two most common are the "substantial understatement" penalty and the "negligence and disregard of the rules and regulations" penalty. Substantial Understatement Penalty Substantial understatement penalties are calculated as a flat 20% of the net - Read More

A pretrial motion for summary judgment is made by the defendant that states while the plaintiff correctly pled the case, the plaintiff failed to meet its burden of proof, and therefore, no genuine issue or fact is in dispute, and as a matter of law, there is no need for trial Defendant's civil motion for summary judgment When a defendant files a motion for summary judgment, it must be heard - Read More

A divorce that has been fully litigated and which results in a final divorce decree  is rarely allowed to be modified by the parties Divorce decree terms are rarely allowed to be modified. Some courts allow some terms to be modified later due to a substantial change of circumstances by either or both parties. Sometimes divorce decrees are declared non-modifiable because the parties have - Read More

Sworn testimony of a witness at an official proceeding is made under penalty of perjury Answering questions truthfully at trial, or at a duly noticed deposition, under oath, and in connection with a civil, criminal, or administrative proceeding. Committing perjury at such hearings is a criminal offense. Federal Penalty For Committing Perjury A person convicted of perjury under federal law - Read More

IRS distinguishes between tax avoidance and tax evasion Tax Avoidance Tax Evasion must be distinguished from tax avoidance which is the creative but lawful interpretation of tax rules. One example of such tax avoidance is the intentional undervaluing of an asset for tax purposes and overvaluing of the same asset to use the asset as collateral to secure a loan. Tax Evasion Tax evasion is - Read More

Assist businesses and high-income individuals limit their civil and criminal exposure to tax liabilities Tax Attorneys generally focus on resolving legal tax disputes, especially if the tax authority has already taken legal action against the client, such as levying a bank account, garnishing wages, or filing liens on one's real property. While there are no set rules on when precisely a tax - Read More

Assistance in resolving disputes for taxpayers facing financial hardship IRS Form 911 is a formal request for taxpayer assistance. It is for taxpayers who have been unable to resolve their tax issues through normal channels and are facing undue hardship as a result of the IRS's actions or inactions. To initiate the Tax Payer Assistance Order (TAO), you can use IRS Form 911. This - Read More

Appointment of a temporary conservator by a court until a permanent conservator can be appointed In conservatorship cases, especially matters involving older adults, if there is an urgent need to care for the elder’s health and safety, the court may appoint a temporary conservator until the court can appoint a general conservator. Conservators have two primary functions: one is to attend to - Read More

A tenancy-in-common is an arrangement where two or more people own a divisible interest in the same property Depending on the contract governing the ownership of the property, a tenant-in-common is free to legally transfer their share of the property to anyone they choose. Example:  Three brothers purchased a property as tenants-in-common. Because the brothers are close and did not - Read More

A tenant at-will takes possession with or without a binding lease and neither specifies the duration of the tenancy nor the rent to be paid A tenant at will is someone who occupies the premises with the landlord's approval but without a legally binding lease agreement specifying the lease term or the amount of rent to be charged. Should the landlord wish to evict the tenant, he must do so by - Read More

State fire safety laws and standards that apply to rental apartments Currently, all fifty states have adopted fire safety standards and codes from the National Fire Protection Association (IFPA) and International Code Council (ICC). State fire codes are an organized and integrated approach to fire safety and code regulation relating to residential and commercial properties and - Read More

The holdover tenant remains after the lease expires and continues to make rent payments When a tenant's lease expires, the tenant can vacate the premises or continue paying rent and occupying the premises. Should the landlord not accept the rent payments, the tenant can remain. The landlord has the right to evict a tenant holdover but must use the legal process or risk being sued by the - Read More

Renter's insurance protects the tenant from theft, loss, and personal liability related to injuries on the property Renters insurance protects a tenant's personal property and will compensate you for unexpected circumstances such as theft and fire. Renter's insurance will also save you from liability should someone be injured on your property and sues you claiming you were negligent. Most - Read More

Lawyers that focus mostly on representing the rights of tenants rather than property owners While many lawyers are "general practitioners," some choose to become experts in a chosen field such as landlord-tenant law with a focus on tenant rights. A lawyer who has significant expertise in real estate or landlord-tenant law can help resolve your dispute either through negotiation or - Read More

Landlord's implied covenant not to interfere with the tenant's right to the quiet enjoyment of their property  A requirement implied in every property lease or rental agreement under which a landlord promises not to disturb or unreasonably interfere with the tenant's right to the quiet enjoyment of the property. This could include excessive noise and the physical disrepair of the tenant's use of - Read More

Tenants are not legally responsible for ordinary wear and tear from normal use of their property and landlords cannot use the tenant's security or cleaning deposit to pay for such cleaning In many states, a tenant's cleaning deposit can not be deducted for cleaning fees and minor repairs that are part of a tenant's normal, reasonable, and ordinary wear and tear of the apartment. In most - Read More

Tenants injury caused by the landlord's failure to inspect, maintain, and repair premises leads to landlord liability Landlords can cause tenant injuries in various ways. Failure to repair a loose stair or railing can cause a tenant to fall. Faulty wiring can lead to a fire that injures a tenant and destroys a tenant's belongings. A leaky roof might cause dampness and mold, triggering allergies - Read More

Theft is defined as the unlawful and intentional taking of another person's property with the intent to deprive that person of said property permanently Petty Theft A property's value, in most states, will establish if a crime is charged as a felony or a misdemeanor. For example, petty theft in many states involves property valued at less than $1,000. Felony Theft Felony theft sometimes - Read More

Many states have enacted a "three strikes rule," which means if a person is convicted of three violent or serious felonies, the mandatory punishment is life in prison Many states define a "strike” to include violent crimes such as murder, rape, arson, and robbery. These are all obvious violent felonies. The problem arises when one or more strikes qualify as a "serious felony" but not a "violent" - Read More

Legal title is the legal recognition of ownership of real or personal property Ownership of property as shown by the name on an appropriate document. The property may be held by either spouse, by both spouses or by a spouse and another individual. Titled property can be real estate (land or residence) or personal property such as a motor vehicle in the form of a pink slip. Titles to - Read More

A tort is an act or omission that constitutes a civil wrong and causes injury or harm to another for which civil damages can be sought by the damaged party There are intentional torts and those which are based on a legal theory of negligence. Torts can be wrongs committed by an individual or a business, such as intentional interference with economic advantage or the reckless disregard for public - Read More

When your vehicle is declared a "total loss" but you still have to make car payments on the vehicle If your car crash resulted in totaling your vehicle and your car was financed, you still might have car payments to make on your totaled vehicle. Under the law, you are still legally responsible for the balance owed on your auto loan. This can seem terribly unfair. However, there may be a way - Read More

Not all house mold is toxic to your health but some can be lethal Notwithstanding, there are more than a hundred different strains of house mold that can be dangerous to your health. One such mold is "black mold", and it can be extremely toxic, and in some cases, can even lead to death. Black Mold Is Among The Most Dangerous Legally, a landlord, building owner, or builder can be held - Read More

During a divorce, a method called tracing helps distinguish separate from community property Tracing is a critical feature in divorce proceedings to determine which property can be traced back to separate property and belongs to one spouse exclusively and which property can be traced back to community property that must be divided equally among the two parties.       - Read More

A trade secret is a form of nonpublic intellectual property that is considered confidential and valuable to a company or individual owner of such secrets Companies that own trade secrets usually require their employees to sign non-disclosure agreements that include hefty liquidation damage clauses to dissuade employees from sharing or exposing such trade secrets to family, friends, and - Read More

Attending traffic school is a way for drivers to avoid adding points to their driving record often resulting in higher insurance premiums Personal classroom attendance students meet at a location determined by the traffic school, where they receive instruction on road rules and driving safely. Some schools provide free pizza while other schools provide struggling standup-comedy - Read More

Traffic tickets for moving and non-moving traffic violations Moving violations include: speeding driving to slow reckless driving following to close failure to comply with traffic light signals failure to comply with traffic signs making illegal turns unsafe driving driving while impaired Moving violations can, depending on your state, result in added - Read More

A change in the character of separate property into community property through the legal process of transmutation The most common way property gets transmuted is when both spouses, upon marriage, open a joint checking and savings account. From these joint accounts, all family assets are acquired. Home and cars get purchased, a vacation home gets built, and a pool is added to the backyard. The - Read More

A travel visa allows a person to seek temporary admission to the United States A travel visa is a temporary nonimmigrant visa, such as those for tourism, study, and short-term work. The travel visa is for a limited purpose and time. It is qualitatively different from immigrant or refugee visas, which are intended to establish permanent residency in the United States.     - Read More

A judicial proceeding where evidence is received, deliberated upon, and a final verdict is rendered on the matter Trials are formal hearings in which civil and criminal matters are adjudicated. In a civil trial, a defendant is determined whether they are liable for the plaintiff's damages. In a criminal trial, the innocence or guilt of a person is adjudicated.  To ensure fairness and - Read More

At civil or criminal trials, there are four primary types of trial witnesses The Eyewitness The eyewitness is one of the most important types of witnesses because they can testify to what they actually perceived through their five senses – nothing else. Distinction Between An Eyewitness and Percipient Witness A percipient witness sets the scene for a jury by establishing a place, date, - Read More

Inside the corpus of the trust is the property that is to be distributed to the intended beneficiaries upon the happening of a certain event The property placed in trust is called the trust corpus, trust estate, trust property, or sometimes simply the res, which in Latin means "thing" held in trust for the benefit of the beneficiaries. - Read More

A trustee manages the financial assets of another for the benefit of a beneficiary or group of beneficiaries There are many types and legal capacities of trustees. One common feature is that they all assume the highest duty of loyalty and care to the trust's stated purpose. A trustee can be appointed by the court or by a legal entity permitted by state law to act in a trustee's capacity. The - Read More

A plea is a defendant's formal response to criminal charges brought against the defendant in open court There are three possible pleas one could make: Not guilty Guilty No-contest The initial plea is made at the defendant's arraignment. At the arraignment, the court will also ask the defense whether a formal reading of the criminal complaint can be waived. Once waived, the judge - Read More

Differences between voluntary and involuntary manslaughter The unlawful but unintentional killing of another person. It is commonly distinguished from murder because of the absence of the intention or malice to kill. Voluntary Manslaughter Voluntary manslaughter is considered a killing that occurs in the heat of passion. The act suggests the defendant could not control their - Read More

The uniform commercial code is the national body of law for all commercial transactions of goods between buyers and sellers The Uniform Commercial Code (UCC) is a federal Act (model code) governing the sale of goods between merchants and between merchants and consumers. The purpose of the UCC was to provide a unified body of commercial law that all states could apply in their own commercial - Read More

An ultimate fact is the foundational evidentiary proof necessary to prove a crime or civil wrong The relevant factual circumstances underlying an element of a crime or civil action are referred to as ultimate facts. Under the law of evidence, connecting up all relevant facts can prove the existence of an ultimate fact. The prosecutor or plaintiff must prove ultimate facts to prove the - Read More

Insured drivers are protected by their uninsured-underinsured motorist accident coverage if the other driver was at fault and was either uninsured or underinsured Most states require car insurance companies to offer UMI liability motorist coverage. In states that have a fault-based system of insurance, Under-Insured coverage allows the insured driver with higher liability limits to recover not - Read More

Unconscionable contracts are so one-sided and unfair they are often ruled by the courts as unenforceable as a matter of law A contract is considered unconscionable when it is so unfair and one-sided that no reasonable person would have entered it unless that person was pressured, threatened, acting under duress, or otherwise defrauded into signing the agreement. Should you - Read More

Workers right to unemployment benefits so long as the employee was not terminated for cause Unemployment insurance is not unlike your auto or home insurance - except that your employer (not you) pays the insurance premiums to a state agency that makes payments to you should you lose your job. The amount you receive depends on how much you were making before you lost your job. You might be - Read More

Trespass can be a form of unlawful entry by the landlord if the entry is made without the tenant's consent When a landlord enters a tenant's apartment without permission, the tenant is technically a trespasser and has committed the tort of unlawful entry. However, if the rental lease signed by the tenant expressly reserves the right of the landlord to enter the tenant's premises in cases of - Read More

Employer fails to pay retained employee taxes to the IRS   - Read More

Unsecured debt is one in which the debt is not secured by collateral Article 9 of the Uniform Commercial Code (UCC) states that any debt not secured by first-party or third-party collateral will not have a collection preference if the debtor files for Bankruptcy. For example, a mortgage is a secured debt because the lender retains an ownership interest in the physical property until the loan is - Read More

The national agency that coordinates interstate enforcement of non-custodial parents who have failed to comply with their state's spousal and child support orders The Uniform Reciprocal Enforcement of Support Act (URESA) is a federal statutory mechanism for the interstate enforcement of child and spousal support orders from other states. The federal basis for the law is the full faith and - Read More

A funeral term to describe a small storage container that holds the remains of a loved one According to its technical definition, an urn is simply a vase of any size containing the deceased's cremated remains. People generally understand the word “urn” to mean a storage container that holds the ashes of someone’s loved ones. A standard urn is designed to be taller than - Read More

Local trespass and nuisance laws are usually imposed against the poor, homeless, mentally impaired, and those addicted to alcohol and drugs Loitering, also known as vagrancy, falls under the legal category of  "causing a public nuisance." Historically, poverty, mental illness, drugs, and family displacement have caused vagrancy. These laws have been constitutionally challenged because they - Read More

Vehicular manslaughter is the result of a conscious and reckless disregard for the safety of others Vehicular manslaughter can be prosecuted either as voluntary or involuntary manslaughter. Vehicular Manslaughter In cases involving vehicular manslaughter, the cause is frequently due to driver impairment caused by drug and alcohol ingestion. When the reckless state of mind is supported - Read More

Venue refers to the county or judicial district in which a court with jurisdiction may hear a criminal or civil matter Federal and state law controls what constitutes a proper venue for different types of matters. Establishing a case's venue is based on practical considerations such as convenience and fairness to the parties. In criminal cases, the venue is proper in the county where the - Read More

A verdict is a decision that a jury or judge reaches at the end of a civil or criminal trial Civil Verdicts In a civil matter between a plaintiff and defendant, the verdict will state which of the two parties prevailed. If the plaintiff prevails, the verdict includes an award of monetary damages. In the case of a verdict in favor of the defendant, there is no award because the plaintiff lost - Read More

Veterans benefits include financial, health and other discounts for having served in our nation's military Veteran Benefits include post-military monetary benefits, healthcare, and other deeply discounted services.         - Read More

Valid U.S. visa allows a foreign national to live and work in the U.S. A visa is issued to a foreign national who intends to live and work permanently in the United States. In most cases, a relative or employer sponsors the individual applying with the U.S. Citizenship and Immigration Services (USCIS).     - Read More

Vocational rehabilitation professionals offer expert opinions on the post-accident physical limitations of the plaintiff and their impact on the plaintiff's ability to work The vocational rehabilitation expert will estimate the amount of current and future vocational retraining the plaintiff will require if it is determined that returning to their previous occupation is no longer possible.   - Read More

An illegal marriage that is void from the start has no legal consequence A void marriage that was void from the start does not require any legal action to terminate what was never a legally valid marriage. The legal theory is that one cannot terminate what legally never existed in the first place. Void marriages are based on medical and public policy reasons. Examples include a marriage - Read More

A voidable marriage is still a legally valid marriage A voidable marriage is one in which the marriage was in some way technically deficient, such as the original marriage certificate was never filed or the wrong name appeared on the marriage certificate. While the marriage is technically deficient, it is not, per se, void. The legal defect can be cured unless one or both spouses want to - Read More

The jury selection process, used in civil and criminal trials, in which prospective jurors on the jury panel are questioned by lawyers on both sides to determine if they can be fair and impartial on the case and if not, the juror is dismissed from serving     - Read More

Wage, hour and overtime pay are enforced by both federal and state labor laws The Fair Labor Standards Act (FLSA) establishes minimum hourly wage, overtime pay, record keeping, and youth employment laws to protect employees in the private and public employment sectors. Employers who willfully violate the minimum wage or overtime pay laws are subject to a civil money penalty of up to $1,000 - Read More

Wage garnishment is a form of debt collection in which the debtor's employer is ordered to deduct money from the debtor's paycheck and transfer it to the creditor The creditor sues and obtains a monetary judgment against the debtor and then commences collection action to enforce the judgment against the debtor. The creditor may apply to the court for a writ of wage garnishment. In many - Read More

An arrest warrant is a judicial order supported by probable cause that permits the police to search, seize and arrest a criminal suspect A warrant directs law enforcement to arrest or search a specific person or premises of a criminal suspect. If the search results in evidence, law enforcement may seize such evidence. A warrant must be based on a sworn declaration establishing a specific - Read More

The law of warranty protects consumer rights when purchasing products The U.S. Congress enacted the Magnuson-Moss Warranty Act in 1975. The Act establishes three basic rules in the sale of products to consumers: A seller-warrantor must designate its written warranty as either "full" or "limited." A seller-warrantor must state certain specified information about the coverage of the - Read More

Reckless driving of a motor vehicle while having previously consumed alcohol or drugs Alcohol-Related Reckless Driving (Wet Reckless) One of the most common forms of reckless driving involves the prior consumption of alcohol or drugs. In some jurisdictions, an alcohol-related reckless driving charge, where the defendant's blood alcohol level was below the legal limit, is called a wet - Read More

Whistleblowers are usually employees who inform the authorities that their employer is violating the law or engaged in dangerous behavior Whistleblowers are usually company insiders. Usually, a single employee witnesses the company engaging in corruption and illegal activities during this person's employment. The insider then reports these violations to a government agency. The law highly - Read More

White-collar crime results in economic harm and is typically committed by someone who has fraudulently obtained lawful or unlawful access to the victim's funds White-collar crime can include:   fraud embezzlement insider trading market manipulation cybercrime money laundering bankruptcy fraud identity theft tax fraud The primary federal enforcement agencies - Read More

The bankruptcy wild card exemption is usually claimed on property that the debtor claims has a unique and personal value The "wildcard" exemption allows the debtor to keep certain property if the debtor can prove to the court that it possesses a unique personal value to the debtor. A typical example of this type of property is the family heirloom. Perhaps the heirloom has been in the debtor's - Read More

A lawyer's decision to withdraw from representing  a client once the action has commenced requires the court's approval An attorney can withdraw from the representation of a client during litigation only for good cause and only with court permission. Not getting paid by the client is not considered good cause. (In some states, an attorney can make a special appearance at arraignment to limit - Read More

Delinquent child and spousal support payments resulting in a wage and earnings withholding order A divorce court usually performs a legal process wherein one spouse is ordered to pay a specific amount of child and spousal support to the other but fails to comply with the court's order. This form of non-compliance can be considered contempt of court and will result in the court ordering the - Read More

Attorney work product is an evidentiary rule in which an attorney’s written materials, notes, conversations, and strategic impressions of a client's case are protected and considered privileged In litigation or official proceeding, an attorney cannot be required to produce their work product as discoverable evidence without a court order. The attorney work-product and attorney-client privilege - Read More

A written grievance made on behalf of the union worker against the employer The grievance seeks to know the specific reasons for the employer taking certain actions against the worker and whether the employer had "good cause" for taking such action. If the worker was suspended or terminated, the grievance would ask for a specific remedy - such as giving the worker back the job (with back pay) or - Read More

A litigant's extraordinary writ requesting a higher court to review a lower court ruling Certiorari is used primarily by the U.S. Supreme Court and selects only a tiny percentage of certiorari requests for review. The Supreme Court will often issue a legal statement by denying a writ, thereby letting a lower court's decision prevail. - Read More

Physically removing an evicted tenant by a writ of possession Only after a landlord has prevailed in court by obtaining a judgment of eviction can the tenant be legally ordered to move out of the residence by a specific date. Should the tenant refuse to vacate the premises on that date, the landlord or his lawyer must return to court and request that it issue a writ of possession. This court - Read More

A civil action against an individual or entity alleged to have wrongfully caused the death of another A wrongful death legal action is usually brought by the heirs and loved ones of a person killed by another person's negligent or intentional conduct. Survival Action Wrongful death claims may also include survival actions. In survival actions, the plaintiff may sue for monetary damages - Read More

Wrongful termination of an employee based on an illegal purpose is unlawful and subjects the employer to civil liability The law deems the firing of an employee to be unlawful when the employer does so for a discriminatory or illegal purpose. For example, an employer terminates an employee because of the employee’s gender, race, ethnicity, religious beliefs, or disability. Another illegal - Read More

Wrongful eviction is usually based on the landlord's unlawful discrimination of a tenant Wrongful eviction originates from both federal and state anti-discrimination laws. Ethnicity: The landlord evicts a tenant because of the tenant's ethnicity. National Origin: The landlord evicts because - Read More

Radiographs, also called X-rays, are standard imaging tools for viewing broken bones and spinal curvature Also called radiographs, the X-ray detects bone deformity and fractures, including abnormal spinal conditions that suggest an injury to the back and neck. Chiropractors use X-rays as part of their original assessment of a patient in personal injury cases. If there is evidence of a disc - Read More

Xanax is used to treat anxiety and nervousness Xanax is the brand name for the generic drug alprazolam. Xanax belongs to a family of drugs known as benzodiazepines. Xanax acts on the brain and central nervous system, calming and reducing nervous tension and anxiety. Xanax is commonly used for treating anxiety disorders, including panic disorder, and is also taken for generalized anxiety - Read More

An agreement in which the landlord leases property to a tenant for a term of one year The leasing term under a year-to-year lease renews automatically for another year unless sufficient notice is given. The length of notice to terminate this lease type varies depending on the state's landlord-tenant laws. - Read More

Zoloft Is A Commonly Used Antidepressant that requires a prescription Zoloft is the brand name for Sertraline and is used to treat the following conditions: depression anxiety disorders obsessive-compulsive disorder panic attacks See: Discount Online Pharmacy Prices         - Read More

State and local laws, usually in the form of ordinances, are used to plan, manage and regulate the use and character of real property Zoning is typically used as a form of urban planning and development. The two significant distinctions between different types of zoning are single-use zoning and mixed-use zoning. Mixed-use, usually under certain conditions, will permit a diverse mixture of - Read More