Blog: Useful information - Page 5

The difference between negligence and malpractice lies in the standard of care to which the wrongdoer is held. Everyone has a duty to behave as a reasonably cautious and careful person. Breaching this standard of care, and thereby hurting someone, constitutes negligence. But certain professionals, such as doctors or lawyers, are held to a higher …

A hung jury is when the jurors in a criminal or civil trial cannot reach an agreement as to the verdict. Most jurisdictions require a unanimous jury decision for verdicts. This means all jurors have to agree on guilt or innocence to render a trial complete. If there is a hung jury in a case, then …

To prove a case of wrongful termination, the fired worker generally has to show that the employer’s stated reason for the discharge was false, and that the termination was for an illegal reason. That illegal reason is motivated by unlawful retaliation, discrimination, a breach of contract, or a violation of public policy. What is wrongful …

9 examples of wrongful termination in the workplace an employee getting fired for: a discriminatory reason, blowing the whistle on misconduct, filing a workers’ compensation claim, enduring a hostile work environment, demanding unpaid wages, participating in someone else’s workplace harassment claim, speaking out against workplace discrimination, invoking your protected leave rights, and your political beliefs. …

In a workers’ compensation case, the term light duty refers to a modified job assignment that is less physically or mentally demanding than a worker’s normal duties. Five common examples include: the worker’s old job, but without any strenuous duties, a designated sedentary role or light-duty program for injured workers, taking inventory, working as a parking attendant, …

A California arrest record is a report generated by police or law enforcement authorities after they arrest a person. The record is considered a criminal record and is made for arrests involving both misdemeanor and felony offenses. Arrest records are considered public records and people can access them by contacting the agency that made the …

Joyriding is a crime where you take, drive or use someone else’s motor vehicle without consent, but you don’t intend permanently to steal the vehicle. Joyriding is different from grand theft auto in terms of: the criminal intent necessary to commit the crime, the value of the vehicle involved, and the penalties imposed. Note that …

During a preliminary hearing, the prosecutor presents evidence (which can be witnesses, documents and physical evidence) that the defendant committed the charged crimes. The purpose of the proceeding is for the judge to determine if there is sufficient evidence to bind the defendant over to stand trial. The hearing is a type of mini-trial that …

Yes, blackmail can be a criminal offense. This is the crime of threatening to release certain private information, unless the victim meets specific demands. In many states, blackmail falls under the laws of extortion or theft by coercion. This offense is generally a felony that can carry over a year in prison for a conviction. …

A felony is a more severe criminal offense than a misdemeanor. Generally, the difference is the potential jail or prison time. Felonies can carry over 1 year in prison. Misdemeanors generally cannot carry more than 1 year in jail. The criminal statute will specify the crime class. In some states, certain offenses can be charged …

The difference between murder and manslaughter is whether an unlawful killing involved malice aforethought. If there was malice aforethought, then the crime amounts to murder. Otherwise, it is the lesser offense of manslaughter. Malice is specifically intending to kill the victim, or acting with a conscious disregard for human life. Because there was malice, murder …

Drivers who strike a pedestrian lawfully in a crosswalk can face a civil lawsuit, driver’s license repercussions, traffic citations, and potentially even criminal prosecution. If the pedestrian is seriously or fatally hurt, the consequences will be even worse for the driver. However, if the pedestrian was at-fault for the accident, the driver may not face …

A Criminal conspiracy charge can be filed if multiple people agree to commit a crime, they intend to commit the crime, and one of them acts in furtherance of the agreement. Defendants can be liable for conspiracy even if they never act unlawfully, on their own. Depending on the state and circumstances, it can be …

The short answer is no. Convicted felons cannot own a gun in California. In fact, is itself a felony offense for anyone with a felony conviction on their criminal record to own, purchase, receive, or possess a firearm. Convictions carry up to 3 years in prison. However, there are several ways for felons to get …

An accessory to a crime is someone who helps to commit the offense, even if he or she was not actually present during its commission. Many states differentiate between accessories after the fact, and accessories before the offense. In some states, being an accessory before the offense can be called aiding and abetting the crime. …

Domestic violence is generally charged as a misdemeanor offense rather than a felony, unless the incident caused an injury or involved a deadly weapon or child victim. A pattern of abuse can also elevate domestic violence to a felony. So can a violation of a restraining order. The laws in different states will determine which …

Most jurisdictions say that sexual abuse and sexual assault are separate and distinct crimes. Sexual abuse is often used to describe sex offenses committed against minors. By contrast, sexual assault is a term used to describe sex acts committed against adults. Some states also refer to the crime of rape as sexual assault. While sexual …

In employment law, a separation agreement is a written contract between an employer and a worker who is about to be terminated. The agreement generally requires the worker to waive all legal claims that he or she may have against the company. In exchange, the worker receives severance pay. Many agreements also restrict what the …

3 common defenses to an allegation of failing to register as a sex offender are extenuating circumstances, a justifiable lack of awareness, and lost registration information. Showing that one of these defenses is present in your case can prevent a costly conviction. In many states, like California, failing to register as a sex offender can …