Newsletters

Criminal Law | Family Law | Personal Injury

Criminal Law Newsletters

Modification, Reduction & Termination of Probation

A trial judge generally has discretion whether to grant probation to a defendant. In accordance with that discretion, the trial judge is also entitled to modify, to reduce, or to terminate the defendant's probation. (More...)

Insanity Defense

The defense of insanity is an affirmative defense to a criminal offense if at the time of the offense a defendant was suffering from a severe mental disease or defect, which disease or defect rendered the defendant incapable of knowing that his or her conduct was wrong. The purpose of the defense is to determine whether the defendant should be held responsible for the offense. It only excuses the defendant's conduct. It does not mean that the defendant did not commit the offense. (More...)

A Defendant's Right to Testify

Although a defendant has a right to remain silent under the Fifth Amendment to the United States Constitution, the defendant also has a constitutional right to testify at his or her trial for a criminal offense. The defendant's right to testify includes his or her right to present a defense. (More...)

Federal Laws Regarding the Use of Explosives

Federal laws provide criminal sanctions for offenses involving the use of explosives. Such laws include the Antiterrorism and Effective Death Penalty Act of 1996, which Act was enacted in response to the Oklahoma City bombing in 1995. (More...)

Pardon Procedures

Whether a defendant is eligible for a pardon by a state's governor generally depends upon his or her status with regard to the sentence that was imposed by a trial court. The governor may request a pardon for the defendant from the state's parole board. The parole board is then required to consider the pardon for the defendant. (More...)

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Family Law Newsletters

Same-Sex Marriages, Civil Unions, and Domestic Partnerships

Although many people interchange the terms same-sex marriage and civil union, they are actually two different and distinct concepts. A same-sex marriage is defined as a marriage between two individuals of the same gender. A same-sex marriage involves a certain legal status for the couple. Further, each state has its own requirements with respect to marriage. (More...)

Important Documents for an Elder Person to Possess

Although no one likes to think of death or incapacitation, individuals, especially elderly individuals should be prepared. There are several important documents for an elder person to have in their possession. (More...)

Child Welfare Agencies Potential Malpractice Liability for Inadequately Protecting a Child

States have enacted laws requiring the filing of reports of suspected child abuse and neglect, and most states have specialized child protective agencies to investigate these reports. The organization of the agencies varies greatly from state to state. Child protective agencies should essentially perform the same functions. (More...)

The Child Witness

It is very difficult for children to be witnesses in a trial. In order to determine if a child should testify in a trial, the attorney should consider numerous factors. (More...)

Intentional Tort Actions between Parent and Child

Even states that retain the traditional parental immunity for negligence, or for acts within the areas of parental discretion and authority, do not immunize parental sexual molestation of a minor child. These states may allow a specific exception to parental immunity for child sexual abuse for all willful, wanton, or malicious acts causing injury to children or for intentional felonious conduct. (More...)

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Personal Injury Newsletters

Intoxication As a Defense to Negligence

Intoxication is not a defense to negligence. A person who is intoxicated when he commits a negligent act will be held to the same standard as a person who is not intoxicated. The actions of an intoxicated person will not be judged by the standard of a reasonably prudent intoxicated person. (More...)

The Jones Act -- Negligence Claims

An injured seaman may sue his employer for damages under the Jones Act if the employer's negligence contributed to the seaman's injury. Under the Jones Act, the seaman is only required to prove that the employer's negligence was a cause, however slight, of the seaman's injury. (More...)

Liability of Aircraft Manufacturers

When an aircraft is involved in an accident, the manufacturer of the aircraft may be involved in the litigation regarding the accident. This most often occurs when there is a claim that the aircraft accident was the result of a malfunction or a defect in the aircraft. The types of actions that may be brought against the manufacturer may include negligence actions, breach of warranty actions, or products liability actions. (More...)

Rules Regarding the Right-of-Way of Motor Vehicles

A right-of-way with regard to a motor vehicle means that the vehicle has the privilege of the immediate use of a highway or a roadway. When one driver has the right-of-way, another driver must yield to the driver with the right-of-way. (More...)

Federal Teacher Protection Act -- Punitive Damages

The federal Teacher Protection Act (TPA) attempts to limit punitive damage awards against school employees in cases in which they are not immune from liability. (More...)

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