Generally, if the Mistress sues you for sending a letter (libel) to another person (published) that said she is engaging in sexual activities with your husband (fits the per se categories) and that your claims are false, then you will have to show, by a preponderance of the evidence that your claims are true. Someone … Read more
A defendant who raises the necessity defense admits to committing what would normally be a criminal act, but claims the circumstances justified it. Normally, to establish a necessity defense a defendant must prove that: There was a specific threat of significant, imminent danger. There was an immediate necessity to act. There was no practical alternative … Read more
There are a number of legal defenses that may apply in theft cases, even if the underlying facts support the claim that the defendant took property from another party without permission. For instance, the alleged theft could have stemmed from an honest misunderstanding of ownership or it could have been done under duress. As with … Read more
The person who embezzles is in lawful possession of the money or property of another; converts or takes that property for their own use; and has no intention of giving it back. For instance, an office worker may have every right to handle the petty cash for a business, but the moment they use the … Read more
Often courts and commentators struggle to articulate why privacy is valuable. They see privacy violations as often slight annoyances. But privacy matters a lot more than that. Here are 10 reasons why privacy matters. 1. Limit on Power Privacy is a limit on government power, as well as the power of private sector companies. The … Read more
The Advocate-client privilege does not cover statements made by a client to their Advocate if the statements are meant to further or conceal a crime. For this exception to apply, the client must have been in the process of committing a crime or planning to commit a crime. The exception may apply in some types … Read more
Declaring bankruptcy allows individuals or businesses that are unable to pay their debts to resolve their financial difficulties and start rebuilding their credit. Filing for bankruptcy has many advantages and disadvantages, depending on your situation. What are the Disadvantages of Filing for Bankruptcy? Because filing for bankruptcy may affect your finances for many years, you … Read more
Please consider the following suggestions so that you will be most effective if you are called to testify. These suggestions apply to anyone who has to testify. Since you are taking an oath, tell the truth and nothing but the truth. If a witness is halting, stumbling, hesitant, arrogant, or inaccurate, the Court may doubt … Read more
A fiduciary relationship refers to a relationship wherein one party puts special confidence, trust, and reliance on, and is influenced by, someone else. This other person has a fiduciary duty to act in the original party’s best interests. You may also hear a fiduciary relationship referred to as a confidential relationship or a fiduciary duty. … Read more
When someone sues you, you have to file any related suits in response. Let’s say you have a breach of contract. They claim you failed to do something and cost them money. You claim they failed to do something and cost you money. They sue you. At that point you would need to bring your … Read more