Author: Michael Reiterman

Introduction to Civil Litigatoin

Civil litigation is popular and frequently employed facet of the law. This type of legal proceeding helps resolve disputes between millions of people per year.

Civil Litigation Define

Civil litigation is the legal process by which two or more parties can resolve non-criminal disputes. For example, if one party was injured or incurred property damage as the result of another party’s negligence, the former might initiate a civil action (lawsuit) designed to recoup financial damages. Additionally, litigants proven guilty in civil actions are not found criminally liable. This means they do not serve jail time. However, they will be required to remit whatever financial penalty an adjudicating body deems appropriate.

Specific Types Of Civil Cases

Civil law can take several different forms. Arguably, amongst the more common civil disputes are personal injury and product liability cases. That said, there are numerous other types of civil cases that are argued. These include environmental issues, the validity of intellectual property, employment conflicts, real estate disputes, divorce proceedings, and workers compensation issues.

The Resolution Of Civil Cases

Many civil proceedings require the involvement of numerous varying steps. These steps might include investigation, pleadings, discovery (where further information is gathered and the parties in question are interviewed) and trial. In certain instances, the issue at hand does not proceed to trial and the respective parties agree to a settlement.

That said, the claimants (plaintiffs) in civil cases must successfully demonstrate that several important issues occurred for a court or other adjudicating body to award financial compensation.

In many cases, the claimant hires a litigation lawyer possessing experiencing trying personal injury cases or the facet of civil law in which they require assistance. Specific regulations vary from state to state.

However, under most circumstances, plaintiffs must clearly illustrate that an injury or some discernible damage against them, the party being accused is responsible for the events that resulted in their injuries or other matters (such as unfair employment termination or discriminatory housing practices) and that the injuries or hardships they claimed to have incurred were the direct results of the defendant’s actions and from no other injury or event. The slightest doubt could significantly hinder the plaintiff’s chances and, in some instances, they could walk away empty-handed.   

Best Travel Destinations for Frequent Travelers

Traveling allows us to explore the world around us and expand our views on things that happen in different cultures. Travel allows us to become more empathetic to the people around us and allows us to be more well rounded. But for some people, they have the opportunity to travel all the time and claim to have “seen it all.” It’s time to broaden your horizons and try somewhere you never thought to visit!

Mauritius

Located in the Indian Ocean, this tiny island nation is the perfect spot for active travelers. With endless turquoise waters perfect for relaxing on the beach to water sports, there is something for everyone. Visitors can also explore Mauritius’ colonial trade hub history and sample local rum and street food. Mauritius is also home to churches, temples, mosques, and lighthouses all within walking distance of the panoramic beach views.

Kazakhstan

The ninth-largest country is the perfect destination for anyone who loves architecture. Kazakhstanis known for its city tours and expansive wilderness. With destinations stops in Almaty, home of clothing markets and upscale restaurants, to the Tian Shan mountains to hike the sacred forests, Kazakhstan is perfect for any adventurer.

Ecuador

Tucked along the Pacific Ocean, Ecuador offers mountains, beaches, rainforests, volcanos, and the Galapagos Islands. This oasis offers the best of both pre-Columbian and Spanish colonial culture perfect for any history buff. Ecuador is also a great location for anyone looking to travel on a budget.

Samoa

The island nation of Samoa is part of a ten island chain full of volcanoes, waterfalls, rainforests, beaches, and a variety of swimming holes. Whether you’re looking to swim in a natural ocean blowhole or dive deep into a cave pool, there is a swimming adventure for everyone in your travel party. Samoa is also the perfect destination for anyone who isn’t fond of staying in fancy, over the top resorts.

Papua New Guinea

Papua New Guinea may be towards the top of the U.S. State Departments travel caution list due to high crime rates, doesn’t mean that you should skip this amazing destination. Trips to Papua New Guinea should be planned through a reputable travel agency so you can explore the country’s stunning and diverse landscapes. Papua New Guinea is perfect for anyone looking to pack a bag and go on a hike!

How to Travel on a Budget

American’s let hundreds of hours of vacation go to waste every single year. Many claim they just can’t take time off work, but for a large majority of people, the cost of travel is what keeps them from packing their bags and hopping on the next flight out of town. If you’re looking to take advantage of your vacation days but worried about the cost of a trip, the following tips are for you.

Off-Peak Times

One of the best times to travel to places where its more expensive is during “off-peak” times. While these times vary by location, so it’s important to do your research before booking tickets and packing your bags. Traveling during the offseason will lead to cheaper flights, cheaper hotels, and less crowded travel locations.

Hostels

While there are budget-friendly hotels, staying in a hostel will get you a lower price than any hotel. Staying at a hostel allows you to meet new people, share transportation, dinner or even day trips. Hostels also come in a variety of types for any budget and sleeping preferences. From party hostels, relaxing hostels, rural hostels, and exotic hostels, there is something for everyone in your travel party.  There are even apps like Hostelworld that let you find and directly book the cheapest accommodations in the country you are traveling in.

Take the Path Less Traveled

Sometimes when people travel the often want to check out places that their friends, coworkers or family members have recommended, but these locations can be crowded and ruin your trip depending on the time of year you’re traveling. To save money, check out a less popular travel location. Not only will you be finding a great, new place, but you won’t have to deal with a bunch of people. Destinations that appear to be a little more “off the beaten path” are becoming more popular with backpackers and travel enthusiasts.

Airports

It is much easier to fly in and out of the same airport, switching up the airport you fly in and out of in one city may save money! Airlines also offer discounts, and cheaper flights at smaller airports and some countries will even offer discounts for flying in for a layover in their country!

Flexibility

The most important thing to remember when traveling on a budget is to be flexible. Being able to switch up your plans at the last minute will allow you to take advantage of different deals and opportunities that can pop up during your trip. Do not let your travel plans be set in stone. You might miss out on some great opportunities on your trip!

What is Criminal Law?

Criminal law focuses on the enforcement of laws that prohibit certain behaviors and actions. Criminal lawyers can either prosecute individuals suspected of crimes or they can defend clients against criminal charges. When thinking about criminal law, here are a few things you will need to know:

Offenses and Charges

An offender is charged with the violation of law. It can be a local, state or federal law. Charges might differ depending upon the jurisdiction in which they occur. Though charges might differ, they fall under one of two categories. A felony charge is a serious charge that will result in a longer sentence. A misdemeanor is a less serious charge and may result in jail time at all.

If convicted of a felony, a person will spend a year or more in a state or federal prison. If convicted of a misdemeanor, an individual will spend less than year at a local jail or under supervision. Alternatively, they may spend no time in jail but will be required to pay fines, fees or perform community service.

Constitutional Rights and Criminal Law

Criminal laws aim to keep the public safe. However, criminal laws cannot supersede constitutional rights. Search and seizure, for example, might be required in order to prosecute a suspect. However, the police cannot improperly search or seize. They must first go through the process of attaining a warrant. This guarantees that the individual’s constitutional rights have not been violated.

Criminal Procedure

In keeping with the intersection of constitutional rights and criminal law, individuals within the legal system must adhere to certain procedures to ensure that constitutional rights are not violated. For instance, police must adhere to procedures that ensure a suspect understands their rights. Defense attorneys must follow procedures when seeking evidence that supports their client. Prosecutors must follow procedures that ensure the defense receives all evidence.

A solid understanding of the United States Constitution and in-depth knowledge of regional and local laws assist prosecutors in determining the appropriate charge. Defense attorneys are tasked with advocating in their client’s best interest. This simple overview of criminal law, reveals how much legal knowledge is required to protect the rights of everyone within a courtroom.

Common Law vs. Civil Law

Our legal system is a complex compilation of laws gathered from societies from around the world. Some of these laws are assembled in written form, while others are simply the result of long-practiced traditions that have been adopted by our society. Typically, civil law is recorded in a written document, while common law is essentially an accepted practice. This is just one way these two types of laws are distinguished.

The Distinguishing Features of Common Law

While some common laws are adopted and established as civil law, this isn’t always the case. In a common law system, the laws established through judicial review are just as binding and enforceable as laws established through legislation. Common law is also defined by a freedom of contract, which simply means there are few restrictions on who can engage in contractual relationships. Although there may be laws to protect individual consumers, the parties have the freedom to establish the terms of the contract without government interference.

An important feature of common law governments is that freedom is highly valued. Unless there is a specific law prohibiting the act, the government won’t interfere in the lives of its citizens.

The Civil Law System is More Complex

Each state in the United States has its own book, or code, of civil laws, which we have adopted from laws in many other countries. We have also expanded on those laws and established new laws that meet the needs of our modern society. These laws are established primarily through legislation, although there are allowances for judicial review. This means one court will likely support the decisions of another court, establishing a specific law that will be binding.

In a civil law society, there are specific courts to handle certain legal matters. For instance, the United States has a criminal court system and family court system. We also distinguish between family court, probate court, and bankruptcy court. Each case is assigned to a specific court, depending on the laws that govern that case.

Finally, the civil court system is more restrictive. Contracts are governed by specific rules and mandates, designed to protect the parties involved. Contracts that aren’t compliant with applicable legal provisions may not be enforceable.

When there is a conflict between the two types of laws, civil law is usually given priority over common law. Of course, this may depend on the jurisdiction and the specific details of the case. This is why it’s important to be able to distinguish between civil and common law in terms of facing problems in our legal system.