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What Legal Recourse Do Police Have If Injured By Protesters

Legal blogger

Concerned about the growing violent turn that Occupy Wall Street protests are taking, the president of the New York Police Department’s Sergeant’s Benevolent Association (SBA) released a statement after the Oakland incident announcing that lawsuits would be pursued against anyone who injured a police officer during the protest. President Ed Mullins indicated that more than 20 police officers had already been injured by the protestors and that he had instructed attorneys for the SBA to pursue the harshest possible civil sanctions against anyone causing injuries, including seeking monetary damages.

One of the biggest obstacles for parties wishing to sue for an injury sustained during a protest is a legal doctrine called assumption of the risk. This legal doctrine essentially states that if you do something known to be dangerous, you cannot then file a lawsuit if you suffer harm from the danger you were aware of before you acted.

Arguments have been made that police and firefighters assume the risk of danger when they go into their chosen careers. In fact, many court decisions have held that police cannot sue because of the assumption of the risk doctrine, and many states have passed statutes to that effect. Collectively, the rule against police lawsuits for injuries became known as a legal doctrine called the “fireman’s rule” or “professional rescuers rule.”

However, some states determined that, while police might assume some risks, they should not be barred from bringing civil lawsuits in all claims. In California, for example, California Civil Code Section 1714.9 carves out an exception to the fireman’s rule allowing police officers to sue if a person willfully causes harm and if: 1) he knew the police officer was there; 2) his conduct violates a law and was not the reason that the police officer was called to the scene in the first place; and/or 3) the conduct was specifically intended to injure the police officer.

Under these rules, it seems clear that police officers could sue Occupy Wall Street protestors if those protestors are aware that police have been called in and if they willfully choose to harm the police officers responding to the call. The police, will, of course, have to prove that the personal injury case falls within the exceptions listed in the California Civil Code, explains a lawyer in the state.

Prejudice In The Legal System – A Misunderstood Concept

Legal blogger

The election of an African-American President was something few people thought would happen in their lifetimes. The reason? Prejudice against people of color. Alas, there is an open prejudice in the legal system as well. The type of prejudice we are talking about in this article, however, is not an offensive version and is often misunderstood.

The legal system, particularly the civil system, is very forgiving in many ways. If a party makes a mistake, the system will often have a built in allowance for them to try again. This can be done through things such as amendments to pleadings and so on. The term prejudice, as noted in the legal system, is a pillar of this process.

What does the legal procedure concept of prejudice mean? It simply is an indicator that something is final or not. A motion that is granted -with prejudice- is a final ruling on that subject and it shall not be raised again. A motion that is granted -without prejudice- is something the impacted party will usually be allowed to try and fix within a set time period. An example helps show how this work.

I sue you for causing a car accident between the two of us. You file a motion to dismiss my complaint on the grounds that I didn’t serve you with the complaint correctly. I argue that I served the lawsuit at your home address and on your wife. You argue that a separation had occurred a week earlier and you know longer lived at that address. Under the laws of your state, the court grants the motion to dismiss but does so without prejudice. This gives me a certain amount of time to serve the lawsuit on you in a proper manner.

Now consider a second case. I sue you for causing me to drive off the road and crash into a tree. I assert that you did this because you are really an alien being who can control the minds of people. You file a motion to dismiss on the grounds that I am completely out of my mind and haven’t stated a legal cause of action. The judge agrees, recognizes the case is nonsense and grants the dismissal with prejudice. I am not barred from amending my complaint or trying again.

These are obviously two extreme examples. That being said, they do bear out the concept of prejudice as it applies to the legal system.

Thomas Ajava is with MelbourneWrongfulDeathAttorney.com – locate a quality Melbourne wrongful death attorney to review your wrongful death case today.

Understanding the Legal Implications of Discrimination

Legal blogger

Any discriminatory practice at the workplace can have serious consequences. If you feel that any decision on the part of your employer is discriminatory in nature, it is better to talk to an attorney right away. New Jersey discrimination laws dictate that an employer cannot discriminate on certain grounds.

What are these grounds? These include race, religion, creed, nationality, sex, color, physical or mental disability, national origin, age, ancestry, affection or sexual orientation, marital status, or liability for military service. Genetic discrimination is also illegal in the state.

The New Jersey Law against Discrimination is broader than the federal law in two significant aspects. While the Age Discrimination in Employment Act protects individuals over 40, the New Jersey law protects individuals under 40 as well. Persons above 70 years of age can also file suits on all grounds, except failure to hire.

Moreover, while the federal Americans with Disabilities Act requires an individual to have a substantial limitation of a life activity, it is not so with the state laws. Therefore, the state law provides a better protection for employees. It is better to consult a lawyer specializing in the state laws to handle your case.

If you think there is a violation to any of these, it is wise to file a complaint immediately. You can file it at the New Jersey Division on Civil Rights (DCR) or the agency operated by the federal Equal Employment Opportunity Commission (EEOC). However, before you take up the case with either, it is important to talk to a legal practitioner.

The federal agency would only take up your case if your employer employs more than 15 individuals at work. Otherwise, you have to take up the case with the DCR. The DCR has a deadline of 180 days, from the date of the discriminatory incident, for filing. The EEOC provides 300 days, from the date of the incident, for you to file.

Discussing the matter with a discrimination lawyer New Jersey before you take any step is imperative. If the DCR finds that there is -no cause’ for the complaint, you may never be able to take the case to court. You would need to appeal the determination, which would mean a waste of the precious time.

New Jersey laws allow an employee to file a lawsuit within 2 years from the date of the incident. It is, therefore, necessary to consult a discrimination lawyer as soon as possible.

Find proficient Brooklyn Lawyers working in your area to deal with your case. Provide your information on this site and get to connect with individuals and businesses in search of legal help.

Prepaid Legal Business – Notice Out How You Can To Grow A Solid Prepaid Business

Legal blogger

Oftentimes, solely the wealthy can afford the services of a lawyer. They have a lawyer for major life events like a pre-nuptial agreement or a divorce. They additionally decision their lawyer for several things that require their decision. But those within the lower to middle category income bracket might not be ready to afford a lawyer for when they are overcharged for a sure service, returning a defective product, signed a contract, or purchased a property. This is where the Pre-Paid Legal business comes in.

For $twenty six a month or less, one can avail of the Pre-Paid Legal Life Events Legal Plan. The legal recommendation comes from quality law firms who can inform you of your rights in any event. With Pre-Paid Legal, a member will simply get in touch with a lawyer at any time. There is no want to pay hundreds of bucks for a lawyer’s each hour. A member simply calls their Supplier Law Firm at the toll-free number on their membership card whenever they need a legal question.

The Pre-Paid Legal business conjointly offers the Identity Theft Shield plan. This includes assistance in reviewing a member’s credit report, being notified of any account underneath the member’s name, and monitoring any dubious activity in any of the member’s accounts.

This service is promoted through direct selling. Anyone can become an Freelance Sales Associate and enter the Pre-Paid Legal business irrespective of background. People who might not have the convincing skills of sales people will fancy success within the Pre-Paid Legal business by just explaining to individuals they grasp what Pre-Paid Legal can do. A field coaching program is given to all associates in order to train them the way to gift the service and also the Pre-Paid Legal business to others.

An Associate starts a Pre-Paid Legal business with $49 which covers sales aids and materials, the Certified Field Coaching, home office support, selling materials, and necessary business documents.

Associates just would like to enroll new members and send the enrollment to the Pre-Paid Legal office. Commissions are then deposited into your account when processing. An Associate may also relish a regular compensation from the Pre-Paid Legal business for all active members she has signed up. These will be on individual memberships like Legal Plans and Identity Theft Defend, employee benefit memberships, and specialty arrange memberships like Home-Based mostly Business Rider and Industrial Drivers Legal Plan.

The Pre-Paid Legal business also offers commissions to an Associate when the Associates she enrolled join up new members and train new Associates. There’s additionally residual compensation in the Pre-Paid Legal business for so long as the organization one started continues to enroll new members. This can be why building one’s organization is very important in the Pre-Paid Legal business.

Dale Davidson LLC has adopted emPower eLearning Solutions’ Dragon Legal Complete Training Course.

Legal blogger

emPower – a leading provider of comprehensive Healthcare Compliance Solutions through Learning management system (LMS) has announced today that Dales Davidson LLC located in Thomasville, Georgia has adopted Dragon Legal Complete Online Training Course in order to improve their productivity in transcription process.

Dale Davidson as a practicing litigation attorney at DALE DAVIDSON, LLC was looking for technology that is easy to implement and has real utility. He adopted Dragon Naturally Speaking Legal version so that he can just speak rather than type or have some type the documentation. The concept of simply dictating to the computer to produce documents, open applications, and search the internet or my computer without using a keyboard or mouse is amazing. Mr. Davidson wanted to leverage something similar and hence he adopted Dragon Legal. However, like many others he faltered in the beginning trying to use the software and that is when he worked with emPower to get a detailed training solution for Dragon Legal. The training provided him step by step guide to use the software. The interactive videos did wonder to increase the productivity and the quizzes helped him to retain the knowledge. The power to leverage specific legal words was indeed released.

But the most important thing was it provided a solution to do work in an efficient manner conveniently.

About emPower

emPower is a leading provider of comprehensive Healthcare Compliance Solutions through Learning Management System (LMS). Its mission is to provide innovative security solutions to enable compliance with applicable laws and regulations and maximize business performance. empower provides range of courses to manage compliance required by regulatory bodies such as OSHA, HIPAA, Joint commission and Red Flag Rule etc. Apart from this emPower also offers custom demos and tutorials for your website, business process management and software implementation.

Its Learning Management system (LMS) allows students to retrieve all the courses 24/7/365 by accessing the portal. emPower e-learning training program is an interactive mode of learning that guides students to progress at their own pace.

For additional information, please visit .