How is the value of property damage determined? Property damage valuation is an art form that may require the services of a professional or expert appraiser. If the property has been completely destroyed so that it is of no further use and has no salvage value, the measure of damages (or the amount you will get for your property damage) can be set at the fair market value of the property immediately before its loss. → Read More
What property is included in probate? The probate process is the process of transferring legal title from a deceased’s own name to his or her beneficiaries or heirs as articulated in the will. Property that does not need to go through probate to transfer legal title includes property that passes automatically to someone else upon the death of the deceased, or that didn’t actually belong to the deceased at the time of death. Assets not transferring automatically are part of the probate estate, and will have title legally transferred by probate. → Read More
What is an official policy or custom in civil rights law? Under Civil Rights Law, the term official policy or custom refers to state or government measures set in place–and accepted as official–that create a common practice of illegal treatment in violation of civil rights. In other words, official policy or custom means that the state or government that trampled on your civil rights was at least aware that the practice was prevelant and that it infringed upon either your immediate civil rights, or those of others. Official policy or custom includes enactments that are officially legislated, such acts in a state law or municipal ordinance. → Read More
Filing or Responding to a Motion for Summary Judgment If you find yourself in a lawsuit, you could be served with a motion for summary judgment, which is a request to end a case without a trial. A motion for summary judgment filed by an opposing party claims that you cannot prevail in the case because there is no legal dispute or your claim is without merit or a defense. Failure to respond to a motion for summary judgment can result in your case being dismissed or a judgment being rendered against you. → Read More
Who should I name as a defendant in a civil lawsuit? When you file a civil lawsuit, you may do so for any violation of the law that has caused you physical or economic harm. One of the most important steps in filing your lawsuit is naming all of the defendants responsible for your injury. If you are considering filing a civil lawsuit, speak with an experienced litigation attorney prior to taking any action. → Read More
Keeping Probate Costs Down – Useful Tips Whether or not you have a will, your estate will be probated. And the probate process can be an expensive proposition, no matter the size of the estate. → Read More
Dumping or Transferring Patients Is Nursing Home Abuse Nursing home residents, who are transferred, dumped or evicted from long term care facilities are victims of nursing home abuse — and can fight back. → Read More
Does discrimination have to be intentional to be unlawful? Most commonly, when people think of discrimination, they think of intentional discrimination or of purposely treating someone differently on the basis of gender, religion, age, race, disability or other protected statuses. However, in certain instances, it may be possible for even unintentional discrimination to be considered unlawful. → Read More
What is specific performance? Specific performance is a remedy sought in civil court, instead of money. It requires a defendant to actually go through with a certain action he promised to do, instead of just paying money for not keeping his promise. Specific performance is referred to under the law as an equitable remedy. → Read More
What is replevin? Replevin, also known as claim and delivery, is a law that allows people to use a lawsuit or some other legal means to recover goods that they believe are rightfully theirs and that are being withheld from them. → Read More
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