The determination whether a statement should be excluded as hearsay was described by famed legal writer and scholar, Irving Younger, as a “thicket” and an “incredible mishmash of rules.” One area of hearsay analysis that is particularly thorny is referred to confusingly as verbal acts, verbal parts of an act, or the verbal act doctrine. Verbal Act According to Black’s
Simply stated, sexual exploitation of a minor – commonly referred to as child pornography – is one of the most substantial felonies one can commit in Arizona. As set forth in ARS 13-3553, mere possession of any visual depiction of a minor engaged in any exploitive exhibition or other sexual conduct is a class two felony. And, if the image
Arizona citizens and drivers have the right to expect that their fellow drivers are not impaired. When most people think of impairment and driving, they usually assume that alcohol is the culprit. There is a growing trend, however, of people taking powerful prescription medications that impair them. Law enforcement’s answer has been to emphasize enforcement, but determining if someone is
Currently, the franchise industry is facing the question of whether the franchisor, the franchisee or both is the employer of those working at a franchise outlet. Of possibly greater significance is the question of whether a franchisee is actually an employee of the franchisor under the legal definitions of employee and independent contractor. The determination of these two questions will
In several medical malpractice cases, defense attorneys have argued that the defendant doctor’s misdiagnosis did not really cause the injury if a subsequent treating physician has testified that the eventual treatment would have been the same even if the original diagnosis had been accurate. That was the argument relied on by a neurologist in Broward County when an injured patient
Why now? is the question that immediately springs to mind as the Dallas City Council considers residence restrictions for sex offenders. The laws providing for a sex offender registry passed in 1991 and for child safety zones in 1995. These laws apply to both adults and juveniles. In the last 20 years, no study has shown either to be effective
Throughout holidays and other times of merry-making, law enforcement agencies step up to announce “no refusal weekends” in their jurisdiction. The legal origins of the no refusal weekend are rooted largely in the implied consent statute promulgated by the Texas Legislature. Section 724.011 of the Texas Transportation Code explains that if a person is arrested for DWI (and a few
Subleasing real estate often looks like a good solution for growing companies to find short term space at below market rates. There are several inherent risks, however, for subtenants who agree to sublease space from a primary tenant (who becomes the sublessor) that’s in a precarious fiscal position. If the sublessor stops paying or files for bankruptcy, the sublease is
As a party in an appellate case, you are generally responsible for paying your own attorney’s fees. But in some cases the appellate court may determine that you are entitled to have your attorney’s fees paid. Here are a few examples. Many contracts have prevailing-party attorney’s fees provisions that require the losing party to pay the winner’s fees. Some of
As in any civil or family matter, a juvenile case begins with the filing of a petition. There is no grand jury involvement. No matter what the charge in a juvenile case – even serious felony offenses – the case begins with the prosecutor’s decision to file a petition. That does not mean there is no role for the grand
The determination whether a statement should be excluded as hearsay was described by famed legal writer and scholar, Irving Younger, as a “thicket” and an “incredible mishmash of rules.” One area of hearsay analysis that is particularly thorny is referred to confusingly as verbal acts, verbal parts of an act, or the verbal act doctrine. Verbal Act According to Black’s
Simply stated, sexual exploitation of a minor – commonly referred to as child pornography – is one of the most substantial felonies one can commit in Arizona. As set forth in ARS 13-3553, mere possession of any visual depiction of a minor engaged in any exploitive exhibition or other sexual conduct is a class two felony. And, if the image
Arizona citizens and drivers have the right to expect that their fellow drivers are not impaired. When most people think of impairment and driving, they usually assume that alcohol is the culprit. There is a growing trend, however, of people taking powerful prescription medications that impair them. Law enforcement’s answer has been to emphasize enforcement, but determining if someone is
Currently, the franchise industry is facing the question of whether the franchisor, the franchisee or both is the employer of those working at a franchise outlet. Of possibly greater significance is the question of whether a franchisee is actually an employee of the franchisor under the legal definitions of employee and independent contractor. The determination of these two questions will
In several medical malpractice cases, defense attorneys have argued that the defendant doctor’s misdiagnosis did not really cause the injury if a subsequent treating physician has testified that the eventual treatment would have been the same even if the original diagnosis had been accurate. That was the argument relied on by a neurologist in Broward County when an injured patient
Why now? is the question that immediately springs to mind as the Dallas City Council considers residence restrictions for sex offenders. The laws providing for a sex offender registry passed in 1991 and for child safety zones in 1995. These laws apply to both adults and juveniles. In the last 20 years, no study has shown either to be effective
Throughout holidays and other times of merry-making, law enforcement agencies step up to announce “no refusal weekends” in their jurisdiction. The legal origins of the no refusal weekend are rooted largely in the implied consent statute promulgated by the Texas Legislature. Section 724.011 of the Texas Transportation Code explains that if a person is arrested for DWI (and a few
Subleasing real estate often looks like a good solution for growing companies to find short term space at below market rates. There are several inherent risks, however, for subtenants who agree to sublease space from a primary tenant (who becomes the sublessor) that’s in a precarious fiscal position. If the sublessor stops paying or files for bankruptcy, the sublease is
As a party in an appellate case, you are generally responsible for paying your own attorney’s fees. But in some cases the appellate court may determine that you are entitled to have your attorney’s fees paid. Here are a few examples. Many contracts have prevailing-party attorney’s fees provisions that require the losing party to pay the winner’s fees. Some of
As in any civil or family matter, a juvenile case begins with the filing of a petition. There is no grand jury involvement. No matter what the charge in a juvenile case – even serious felony offenses – the case begins with the prosecutor’s decision to file a petition. That does not mean there is no role for the grand
