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  #11  
Old Wednesday, July 09, 2014
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"Felonious Assault"
===============

Not every attack can be defined as a felonious assault.
Simple assault, in which the attacker is unarmed and any
actual attack does not result in serious injury, is only a
misdemeanor, and the legal penalties for simple assault
generally are far less severe. On the other hand, an
attacker who deliberately seeks to kill is guilty of murder or
at least attempted murder.

Felonious assault can include other crimes that do not fit
neatly into this broad definition. Attackers who cause a
serious injury can be guilty of felonious assault even if
they were unarmed. Most forms of sexual assault are
classified as felonies as well. Attacks against infants and
small children are usually classified as felonies without
requiring that an attacker be armed, and in some
jurisdictions, an actual or threatened unarmed attack
against a pregnant woman might constitute felonious
assault against the unborn child as well as the mother.
Some jurisdictions have taken the concept of assault
beyond the simple physical attack and have ruled that
certain communicable diseases such as Human
Immunodeficiency Virus (HIV) and Acquired Immune
Deficiency Syndrome (AIDS) are dangerous weapons,
meaning that those who fail to disclose a positive
diagnosis of AIDS or HIV to a sexual partner might be
guilty of felonious assault.
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  #12  
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Three Day Notice
==============
In many states, the three day notice must be legally
“served” to the offending tenant or at minimum, hand
delivered with a witness present. The notice is not
automatically an eviction notice because it does give the
renter an opportunity to remedy situations that can be
fixed. For instance, a person behind on their rent, or
someone keeping pets in a no pet apartment essentially is
given three business days, not counting the day of delivery
of the three day notice to pay past due rent or to find a new
home for pets.

Some situations are such open violations of lease
agreements that a three day notice truly does mean the
person must leave the apartment in three business days. If
a person has been convicted of committing illegal activity
on the premises or has created extreme nuisance behavior,
they may be evicted with a three day notice even if their
rent is paid. In order for this to work, a rental agreement
must state that the agreement becomes void if the renter
acts in certain ways.

Some states allow tenants to file a response to the three
day notice, which can then take time to process and will
delay eviction. Filing a response largely depends upon the
state you live in and its specific legal provisions. If you do
feel you’ve received a three day eviction notice in error, as
for nuisance behavior or alleged illegal activities you didn’t
commit, you should check with state agencies like fair
housing or renting information agencies, to see if you have
methods available to prevent eviction. If a tenant
disregards the three day notice, the landlord will still have
to follow through with the formal eviction process to have
the tenant evicted.
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  #13  
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What Is a Capital Case?
===================

In the United States, federal law decrees certain crimes as
capital offenses and the trying of such crimes typically
constitutes a capital case. These can include premeditated
or first degree murder, murder of public officials of the
federal government such as politicians and federal agents,
as well as treason. Individual state laws can also involve
capital offenses, and a number of states allow capital
punishment. Many of the state capital offense laws involve
similar acts as federal laws, such as premeditated murder,
murder while committing another crime, certain crimes
against minors, and murder of a law enforcement agent.
A capital case is often considered among the most serious
cases that a person can defend against, as the crime is
usually especially heinous and the verdict can be dire.
Some lawyers choose to specialize in defending such
cases, and this can be from a sense of disagreement with
the use of capital punishment. Capital punishment and the
means of execution have been sources of debate among
legal professionals, politicians, and citizens for decades, all
across the world. Many countries that still utilize capital
punishment sometimes come under criticism from other
nations to abolish the death penalty or at least reduce its
use.
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  #14  
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What Is Deportation?
=================

The primary reason people are deported is for punishment.
When a person is deemed undesirable in a country due to
criminal activity, failure to abide by a visa, or illegal
entrance into a country, he or she is vulnerable to being
forcible expelled from the country. It is also possible for a
person to be deported for philosophical or ethical reasons,
such as holding a religious belief or belonging to a social
movement, although these are often explained as criminal
activity.

Some people accept expulsion from the country as an
alternative to other punishment measures. For instance,
when the other option is life in prison or death, a person
may wish to accept expulsion. When a country deports a
person, it does not necessarily imply that the person cannot
return as a visitor to the country from which he or she was
deported. It simply means that a person is no longer a
resident of that country, although other restrictions are
often included.

Deportation from areas smaller than countries is
somewhat rare. Small areas such as states or provinces
often do not have the authority to enforce deportation nor
the legal right to do so. Historically, deportation of this kind
has occurred and been enforced, but it was often called
exile or banishment.
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  #15  
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What Is an Equitable Lien?
=====================

To persuade a judge in a court of law to place an equitable
lien on the defendant’s property, the plaintiff often has to
prove that there was wrongdoing that resulted in harm. For
example, if the defendant embezzles money from the
plaintiff to buy property, then the plaintiff can seek an
equitable lien in that property. The plaintiff also may have
the choice of an alternative remedy to a lien called the
constructive trust. When a court imposes a constructive
trust, it gives complete title of the property to a plaintiff
because it was obtained by fraud or in bad faith. It’s often
a better remedy for the plaintiff, especially if the property
will increase in value.

Buyers of real estate with an equitable lien are subject to it
if they were given notice or had prior knowledge of it. If the
recipient of real estate that has an equitable lien gives no
compensation or value for the property, then the buyer is
also subject to the lien. A bona fide purchaser is often not
subject to the lien under any circumstances. To qualify as
a bona fide purchaser, the buyer has to show that he or she
purchased the property for value and was unaware of the
facts related to the lien and had no reason to be aware of
them. Plaintiffs who obtain an equitable lien should put the
public on notice by recording it with the local agency in
charge of keeping public records.
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  #16  
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What Is Internet Libel?
=================

Sometimes also called cyber-libel or cyber-slander, Internet
libel typically consists of statements made by one person
about another that are untrue and serve to defame the
character of the target. Libel, in general, refers to a
statement that acts as a defamation of character made in
writing or some other form of permanent media, typically a
book, magazine, newspaper, and now on the Internet. This
is in contrast to slander, which is a defamation of
character that is spoken or transitory in nature, often more
difficult to prove due to a lack of a lasting record.

Internet libel is typically untrue and the statement must be
made as a statement of fact, not opinion, to qualify as
libel. In countries that protect a person’s right to free
speech, such as the US, someone can freely state an
opinion, even one that defames the character of another
person. A statement is typically considered libelous only if
it is made as a statement of fact. Internet libel also usually
has to be untrue, and a defense of truth can generally be
used against a lawsuit or similar legal action against
someone accused of libel.
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  #17  
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Forgery
=======

Forgery can vary from faking a signature to generating an
entire false document, and can also include modification of
a document to change the contents. Forged documentation
can be used to claim title to property, and in a variety of
other activities, such as crossing international borders. In
the art world, forgery of works of art, as well as
documentation accompanying art, is a chronic problem,
and historians also have to contend with forgery when
evaluating historic documents in the course of their work.
Forgery law is designed to set out penalties for different
types of illegal activity involving falsified documents.
While many people think of forgery as falsifying
handwriting, as in the case of a forged signature or note, it
can include printed documents. Forgery is used in a variety
of settings and may involve advanced techniques, such as
a high degree of skill with a printing press for currency
forgers determined to make bank notes as accurate as
possible. Under some forgery law, owning material known
to be used in forgery can come with legal penalties.
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  #18  
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Amicus curiae.
============

An amicus curiae (also spelled amicus curiæ; plural amici curiae) is
someone, not a party to a case, who volunteers to offer information
to assist a court in deciding a matter before it. The information provided may be a legal opinion in the form of a brief (which is called an amicus brief when offered by an amicus curiae), a testimony that has not been solicited by any of the parties, or a learned treatise on a matter that bears on the case.

The decision on whether to admit the information lies at the
discretion of the court. The phrase amicus curiae is legal Latin and
literally means "friend of the court".
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