CRIMINAL LAW

Contributory negligence is a common law defense to a claim based on negligence, an action in tort. It applies to cases where plaintiffs have, through their own negligence, contributed to cause the damages they incurred as a result of defendants’ negligence. For example, a pedestrian crosses a road carelessly and is hit by a driver […]

Federal District Court Opinions U.S. EX. REL. GOULOOZE v. LEVIT, (Ariz. 10-24-2006) United States of America, ex. rel. Dr. Martin Goulooze, Relator, Plaintiff, v. (1) Dr. Michael I. Levit, D.O.; (2) Dr. Thomas Martens, D.O.; (3) Hands on Multicare P.C.; (4) American Multicare, LLC, dba Senior Smart Health Care, Defendants. No. CV 05-1011-PHX-JAT. United States […]

Florida Case Law MONZON v. STATE, 2D05-5711 (Fla.App. 2 Dist. 1-5-2007) EDGAR MONZON, Appellant, v. STATE OF FLORIDA, Appellee. No. 2D05-5711. District Court of Appeal of Florida, Second District. Opinion filed January 5, 2007. Appeal from the Circuit Court for Manatee County, Edward Nicholas, Judge. James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., […]

declaratory judgment – A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of each party in a dispute. A declaratory judgment is binding as to the duties, rights and obligations of the parties. However, a declaratory judgment does not order any action or result […]

A motion that attempts to counter a similar motion filed by an opposing party. After the plaintiffs moved to recuse his counsel, the defendant filed a cross-motion to disqualify theirs. Question: What is a cross motion and is it avoidable? Needing to go to court to resolve matrimonial issues but the other half has been […]

assault – The threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. assault and battery – The combination of the two crimes of threat (assault) and actual beating (battery). They are both also intentional civil […]