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jus 820x410 - These are the 4 common cases you will encounter in a civil court

These are the 4 common cases you will encounter in a civil court

Civil law is a abroad category of law that will primarily involve disagreements that are between two parties. Most of these disagreements can be considered as private matters and such cases will be heard in civil court. Many such cases will involve acts of omission or commission by one party that ended up resulting in harm to another party.

In this article, we will look at the 4 common cases you will encounter in a civil court.

1 Torts

A tort is essentially a case that will involve injury to an individual which can either be a physical injury, an injury to their reputation, or an injury to their property that has been caused by another party. These types of cases include issues of personal injury, negligence, battery, medical malpractice, defamation and fraud among others.In such a case, the injured party will be entitled to compensation from the party that caused the injury.

img7 - These are the 4 common cases you will encounter in a civil court

2 Breach of contract

When one party fails to meet obligations they agreed to as part of a contract, this is termed as a breach of contract. If the two parties in the contract are unable to amicably resolve the issue on their own, then such a case will end up in civil court where the party that breached the contract will be liable to compensating the other party including paying for the cost of the suit especially if they are found not to have had any legal justification to breach the contract. Such cases may include failure to respect payment terms, non-completion of a job and non-delivery of goods, among others.

3 Equitable claims

When one party is seeking to bar or stop another party from taking some type of action, they go to civil court to file a case referred to as an equitable claim. If their claim has merit, a judge will often grant their request. Such cases include, temporary restraining orders, injunctions, among others.

kk - These are the 4 common cases you will encounter in a civil court

4 Disputes between landlords and tenants

There are many disputes that will often arise between landlords and their tenants for one reason or the other and if these disputes can’t be resolved amicably, they will often end up in civil court. Some of such disputes include damage to property, forceful eviction andnon-refund of security deposit, among others.

In most civil cases the punishment never carries jail term and will instead mostly involve monetary compensation. However, if during the civil court proceedings it’s established that a party committed a criminal offence then the judge may recommend criminal prosecution for the party involved.

img4 820x410 - Every great lawyer needs these 4 qualities

Every great lawyer needs these 4 qualities

To be a great lawyer, you must have more than a good mastery of the law. There are additional qualities you need that will complement your mastery of law and in essence make you an all rounded legal practitioner. A lawyer’s ability to rise to greatness will often be dependent on their ability to create a perfect balance between their professional and personal attributes.

In this article, we’ll look at the 4 qualities you need in order to become a great lawyer.

1 You must learn to exercise good judgment

It’s common for lawyers to always find themselves having to make important decisions from very limited information. This may include decisions on whether or not to take a case without full knowledge on whether or not the potential client is guilty, among many other circumstances. For a lawyer to be able to make such crucial decisions, they must be able to exercise good judgment as this gives them the ability to use whatever minimal information to arrive at the best possible conclusion. for more information click here.

img5 - Every great lawyer needs these 4 qualities

2 You must be a good communicator

The legal profession is all about good communication. Whether you are wooing clients, making arguments in court, writing legal briefs and so on, your ability to do this well will come down to your communication skills. Therefore to be a great lawyer you must master your communication skills both oral and written in order for you to be able to execute your job with proficiency.

3 You must have creativity

Law is all about being able to make legal arguments that are able to convince the judge and/or jury to rule in favor of your client. In order to do this, a lawyer needs to have creativity in order for them to come up with better arguments than those of the opposing counsel or even use turn the opposing counsel’s arguments in their client’s favor.

img6 - Every great lawyer needs these 4 qualities

4 You must have very good research skills

The key to winning any legal battle is having more as well as relevant information than the opposing team and this requires really good research skills. This therefore means that for any lawyer to be able to rise to greatness they must have very good research skills as this will come in handy as they are building their case, searching for legal precedent, doing opposition research and many other activities that will entail information gathering.

Any lawyer who focuses on attaining these skills as a priority is bound to be on the fast track to greatness.

img3 820x410 - 3 major categories of crime in criminal law

3 major categories of crime in criminal law

Criminal law is abroad category of law that focuses on protecting individuals and/or their property from harm. It’s however worth pointing out that one of the interesting things about the American justice system is that different jurisdictions actually have varying classifications on what constitutes a crime and whether the act is punishable under the law.

It’s always therefore a good idea for citizens to be well conversant with acts that are likely to be considered as criminal acts within their jurisdiction so as to avoid finding themselves on the wrong side of the law.

In this article we are going to look at the 3 major categories of crime in criminal law.

1 Infraction

An infraction is essentially what is often referred to as a petty offense and in most cases carries just a small fine and no jail time. In an unlikely event that the accused person gets jail time, then such a sentence will be very short from between a couple of days to a few months. The crimes that will often be considered as infractions are petty theft, disorderly conduct and DUI, among other minor offenses.

meid - 3 major categories of crime in criminal law

2 Misdemeanor

A misdemeanor offense which often involves crimes considered to be immoral is a more serious type of offense in criminal law and will mostly carry either a fine or an imprisonment, or both. If it’s an imprisonment, it will often be at a local county jail. Such crimes include theft, aggravated assault, gross indecency, stalking and deception, among others. It’s never a good idea to get charged with misdemeanors because they often go on your record and may affect your professional reputation.

3 Felony

In criminal law, a felony is considered as a very grave offense and will often be punishable through a prison sentence of not less than one year or very hefty fine, or even both. Such crimes will include terrorism, abduction, kidnaping, robbery, rape and arson, among others. A significant number of states will apply the three-strike law when it comes to felonies, which recommends that any individual convicted of a third felony gets an automatic life sentence.

Criminal offences will generally not carry the same blanket punishment for individuals and instead, the severity of the punishment will often be customized depending on whether a person is a repeat offender, the nature of the offense and the jurisdiction in which the crime was committed. It’s therefore a good idea for any citizen going to a new state to familiarize themselves with the law of the land.

img1 820x410 - 4 things you need to know about defamation cases

4 things you need to know about defamation cases

One of the fundamental principles about rights and freedoms is that each individual is entitled to enjoy their individual rights and freedoms but in doing so, they must not infringe on those of others. This is the fundamental principle in which the law of defamation is based on. The existence of this law essentially means that there is a very thin line between defamation and free speech.

Just to take a step back, defamation can be defined as issuing a statement that is likely to hurt a person’s reputation. In the event the statement is verbal then it will be referred to as slander and if it’s written and published then it’s referred to as libel.

In this article we’ll look at 4 things you need to know about defamation cases.

img2 - 4 things you need to know about defamation cases

1 It helps if there is a record of the statement

It’s generally very difficult to prove slander because there will often not be a record of the verbal statement especially in the absence of witnesses. Therefore, for a person to successfully litigate such a case, they will need to have proof that the statement was made therefore they need some sort of record of the statement.

2 Proof of publication in such cases requires a very low standard

When it comes to cases involving defamation, the standards for providing proof of publication are usually quite low in that as long as the aggrieved party can provide evidence that the statement was made in any medium be it on TV, social media or even written on a door, and there’s a witness who can corroborate, then it’s enough proof.

3 Proof that the statement is false must be provided

One of the key things in successfully litigating a defamation case is that the aggrieved party must be able to provide proof that the statement made was false. This is because in such cases it doesn’t really matter what harm a statement causes as long as it’s true. It only becomes defamation if you can prove the statement was false.

im3 - 4 things you need to know about defamation cases

4 Proof of injury must be provided

In order for the aggrieved party to be able to have success in litigating a case involving defamation, they must be able to provide proof that the statement made resulted in injury. This essentially means that any negative effect that the aggrieved party is going through such as loss of income or damaged reputation will need to be directly linked to the statement.

It’s always important to also note that when it comes to defamation cases, it can be very difficult to determine what the aggrieved party is owed in terms of injury costs therefore you should always be prepared for very unpredictable outcomes.

law4 820x410 - These are the 3 standards of evidence in a criminal case

These are the 3 standards of evidence in a criminal case

In criminal law, as a case is being adjudicated, there are rules that have been set to determine who the burden of proof falls under as well as the evidentiary standards that are required to prove guilt or innocence. The different parties in the case will often carry different loads when it comes to proving their case in front of a judge and jury.

In this article, we’ll briefly look at the 3 standards of evidence in a criminal case.

1 Beyond reasonable doubt

This is the highest standard of proof that will primarily fall on the prosecution team in a criminal case as they have to make an argument that based all the evidence that has been produced before the court, the only possible conclusion that can be drawn from it is that the accused person is guilty of the crime they are being charged with. For the defense team, this means that if they can give an alternative explanation then their client will likely get acquitted of the charges.

law3 - These are the 3 standards of evidence in a criminal case

2 Probable cause

In a criminal case, probable cause is a standard of proof that falls on both the prosecution team and defense team, but it’s mostly the defense team that will benefit most from it. All they are usually required to do is provide an argument that can demonstrate that there is a possibility that the crime in which the accused person is being charged with may have actually been committed by someone else.

3 Credible evidence

In criminal cases sometimes the evidence being produced in court may not be enough to either acquit an accused person or convict them of the crime they are being charged with. Therefore both legal teams in the prosecution as well as defense teams will be allowed to make arguments that in as much as the evidence is not enough, it’s sufficient and reasonable enough to lead the judge and jury to find the defendant guilty or not guilty.

It’s always a good idea to be conversant with these standards as they are very handy when making any legal arguments in a criminal case.

law2 820x410 - 3 fundamental rights every American is entitled to

3 fundamental rights every American is entitled to

One of the main principles in the American justice system is that an accused person will remain innocent of the charges they are being accused of until proven guilty in a court of law. This guilty verdict will be reached upon by a judge and/or jury. Therefore, to ensure that every citizen gets to benefit from this principle, there are fundamental rights they are entitled to under the constitution.

In this article, we take a look at 3 fundamental rights every American is entitled to.

1 The 8th Amendment Rights

Broadly, the 8th Amendment Rights are meant to ensure that accused persons are well protected against cruel, excessive or unusual punishment. The well-known Miranda rights which require any law enforcement officer taking an American citizen into custody, to first make them fully aware of all their legal entitlements, is part of the 8thAmendment Rights.

law - 3 fundamental rights every American is entitled to

2 The 5th Amendment Rights

Broadly, the 5th Amendment Rights are meant to ensure that accused persons are guaranteed of fair due process. Part of this included protection against self-incrimination as they are free to choose not to answer questions or make statements which will disadvantage them as they go through various stages of the justice system from their arrest to their prosecution.

3 The 6th Amendment Rights

Broadly, the 6th Amendment Rights are meant to ensure that accused persons enjoy a fair process of adjudication. Part of this include having proper knowledge of the charges against them and why they are facing such charges, access to legal representation, a right to be tried in front of a jury and a right to confront their accusers as well as have witnesses speak for them. It also includes a right to undergo the legal due process in a timely manner.

It’s therefore the duty of every American citizen to be aware of these 3 rights that will be very important regardless of the legal challenge they are facing because they are the difference between getting justice and suffering an injustice.