Why You Should Request a Due Process Hearing for Your Child’s IEP
Parents of children with special needs or disabilities know that their children assistance to learn and reach their potential in the school setting. Some school districts however do not or will not offer the services that these children need. Federal and state law serves to protect these children but too often parents do not know…
Read MoreWhat Is the Chain of Custody of Evidence?
In criminal cases, when the government seizes any evidence, the government must show that it properly stored the evidence. Properly storing evidence means that there was no opportunity to tamper with the evidence. Chain of custody refers to the methods the prosecution uses to preserve the evidence. In particular, the chain of custody refers to…
Read MoreA School’s Duty to Prevent and Respond to Cyberbullying
In ordinary times, students face challenges in school. In addition to the academic pressures, students face academic and social pressures. They grow, mature, and interact with each other. While many of these development issues are constructive, other issues can be destructive. Students deal with peer pressure and want to fit in. The Internet and social…
Read MoreGrand Juries: How They Work
In American law, there are two types of juries: grand juries and petit juries. A petit jury decides guilt or innocence after a criminal trial (or the money damages in a civil trial). For some criminal matters, however, there is a grand jury. Generally, but not always, a person is arrested, is arraigned, has a…
Read MoreContracts: The Reality
Quite often, after issues arise, individuals pointedly complain that the terms of a contract that they signed and entered are unfair and one-sided. After explaining how and why they trusted the business or individual who wrote the contract and asked or persuaded them to sign it, they believe that they should not be forced to…
Read MoreHow a Lawyer Can Help You Craft an Operating Agreement for Your Small Business
There are a few standard types of business arrangements for commercial companies and nonprofits. Each of these have unique issues and guidelines for conducting their daily operations. The main types of business structures are: A sole proprietorship A partnership A limited liability company A corporation There are financial, tax, operational, and practical issues that govern…
Read MoreSovereign Citizens and the Courts
A “sovereign citizen” holds the belief that he or she is not a citizen of the United States or of any State. Though it seems now that the “sovereign citizen” argument is heard more frequently in the courts, the courts have rejected it. Their arguments are passionately made and the individuals claiming it appear to…
Read MoreWhat Is a Qui Tam Lawsuit?
The False Claims Act (FCA) is a federal law that provides important protections for the federal government against different types of fraud. Individuals who defraud the government by issuing false claims are targeted by this law. These claims can include demands for money from the government. Any person who knowingly issues a false claim, causes…
Read MoreFour Myths About Lawsuits Debunked
Television shows and movies about the law and attorneys often take liberties about how the legal process works. Trials happen quickly, verdicts are returned after a commercial break, and in TV and movie land, justice comes easily. Dramatizations and the media don’t focus on the small details that make up most of civil or criminal…
Read MoreWhat Are the Penalties for Assault?
Tennessee state law defines two types of assault: simple and aggravated. Individuals accused of assault crimes may face misdemeanors or felony charges based on the severity of the offense and the particular acts and circumstances allegedly done. Penalties associated with these crimes can range, including significant fines and prison time. Simple assault in Tennessee According…
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