Huier Lawyer
Legal guides, advice, resources and information covering criminal law, bankruptcy, wills, civil rights and consumer law.
The Legality Of Foreclosure
Foreclosure cannot always be avoided, but property owners can take steps to lessen the damage. Short sales and mortgage rehabilitation can sometimes be used to avoid acquiring negative credit remarks. The foreclosure process begins when a property owner is served with a notice to vacate the premises by the mortgage holder.
Defamation Lawsuits
Defamation can occur when something false is written and distributed or when inaccurate statements that reflect poorly on a person's character are uttered. The victim can choose to sue for libel or slander, however, the court battle may be lengthy, stressful and arduous.
Emancipation Law
Until a person turns 18 years of age they are under the rule of their parents or guardians. Older teens that can show that they are fully capable of taking care of themselves are sometimes granted emancipation. This process can be completed without the assistance of an attorney, but it is important to understand the limitations of emancipation law.
Defamation Lawsuits
Disparaging remarks, either uttered or made in print, are legally referred to as defamation, but only if they are false and damage the reputation of the victims. Defamation lawsuits are complex because lawyers often call the histories of all involved parties into question. Because hearsay is not usually permitted in court a number of character witnesses will be called to the stand in order to substantiate or refute said statements.Making a negative statement about another person is not illegal, however, slander can severely impact the afflicted party's ability to do business. Libel is the act of spreading false information in a written format. This can include exchanging emails, graffiti, writing an inflammatory newspaper article or writing a book that is supposedly based on the truth but contains false information. Sometimes libel is also constituted as harassment if the alleged offender refuses to stop at the behest of the victim.
A defamation lawsuit can arise when the effected party loses his or her job, contracts or finds that the workplace has become a hostile area because of defamation. Anyone who was privy to the information in question can be called as a witness or asked to issue a written statement by either party. The attorney hired by the plaintiff must prove that the allegations are untrue and present a theory as to why the plaintiff wanted to defame the character of his or her client. Sometimes defamation is the result of a romantic rivalry, or occurs amongst co-workers that are vying for the same position. If convicted, the plaintiff will have to pay a settlement based on the amount of mental anguish and actual damages incurred. The defendant may choose to appeal the judge's decision, however, he or she may end up paying an even larger settlement if the judge makes a favorable decision on the side of the plaintiff again.
Sometimes it can be difficult to distinguish between libel, slander and accurate information. Persons that hand out informational leaflets about sex offenders that have moved into their neighborhoods are not engaging in defamation. If a newspaper prints a story based on false statements, they cannot be held liable if the persons that they interviewed presented their statements as facts. Anyone that loses his or her job based on false information cannot sue his or her employer, and instead the party that made the false allegations is the actual offending party.
16.11.2009. 15:34