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Newark Litigation and Appeals Law Blog

Understanding intentional torts

Many civil lawsuits in New Jersey are the result of an intentional tort. A tort is any kind of wrongful action that results in a person being harmed in some way. When a person carries out a wrongful action in full knowledge of what they are doing, this is referred to as an intentional tort.

One of the simplest examples of an intentional tort is when someone punches another person in the face. It is usually easy to prove that the person who punched the other person in the face acted intentionally. However, a person may be found guilty of performing an intentional tort even if they did not intend to cause the specific harm that they caused. For example, a person who intentionally frightened someone and caused them to have a heart attack committed an intentional tort even if they did not intend to cause the person to have a heart attack.

The downside of partnerships in New Jersey

Although the partnership is a common business structure due to the ease of formation, there are some disadvantages to choosing this structure. First, all partners are exposed to an unlimited amount of liability. This means that all partners may have personal assets taken to cover the debts of the company. One possible way to overcome this issue is for both parties to form corporations that then engage in a partnership.

In addition, the partnership structure may be considered inflexible and unreliable. If one partner dies, it generally means the end of the partnership regardless of what the others want to do. It may also be impossible to transfer ownership in a partnership unless all parties agree to that transfer. Therefore, it could be difficult to exit a partnership or buy out other parties when a disagreement occurs.

Helping disabled workers find employment in New Jersey

The Americans with Disabilities Act of 1990 is designed to prevent discrimination in the workplace against people with disabilities. Those who have a significant disability such as being unable to hear or see may be protected under this legislation. However, those who are protected under the federal law must still be able to do the job that they were hired to do.

Those who are protected under the law may not be discriminated against in any aspect of their employment. For instance, they may not be prevented from getting a promotion, a raise or job training specifically because of their disability. They may also not be discriminated against during the hiring process or lose their job because of their inability to see, hear or do certain manual tasks not related to the job.

Alternative dispute resolution options in New Jersey

When two parties become involved in a civil dispute in New Jersey, the case may be taken to court. However, this process can be time consuming and costly. Furthermore, despite preparation and the strength of your case, the ruling of the judge may not be favorable to your situation. If you are seeking to avoid the complications that might occur when litigating a case, you might be interested in alternative dispute resolution.

ADR encompasses a number of different methods. These might include formal negotiations, mediation and arbitration. These methods could help protect you from the unpredictable nature of the courts, and the use of these types of dispute resolution may be less costly and less time consuming. In many cases, you may be able to achieve a satisfactory result after pursuing ADR options.

Could a business transaction be considered legal malpractice?

Business professionals in New Jersey might benefit from understanding whether a business transaction can be considered legal malpractice or not. When a lawyer enters a financial, property or business transaction, the conduct may be considered to be acting with a conflict of interest. This is primarily due to the confidence and trust that the client puts in legal counsel, as well as the training and proficiency involved with obtaining this status.

The protections do not apply to legal fees, but purchases, loans, investment and sales unrelated to the lawyer's practice may qualify for legal malpractice. Lawyers participating in the exchanges of good and services related to their particular practice of law may also be subject to legal malpractice if a conflict of interest is apparent. Lawyers purchasing property from estates they represent may also be found liable for acting on a conflict of interest.

How to handle employment law disputes in New Jersey

Employees are protected by law from racial, sexual and other types of harassment. If an employer violates a protected right, an employee may be entitled to compensation or other forms of relief. Prior to filing a lawsuit, it may be a good idea to work with the employer to determine if a right was violated and what can be done to remedy the issue.

If informal negotiations do not work, it may be time to file a complaint with the government. Ana ffected individual may file a claim at either the state or federal level. After a complaint is filed, the appropriate agency may pursue the case on behalf of the person who filed the claim. For those who plan on filing a private lawsuit in an effort to settle the matter, a claim must first be filed with the appropriate government agency.

What is the proper basis for appealing a criminal conviction?

New Jersey residents may wish to know more about how they can appeal a criminal conviction. Depending on the specific facts of the case, there could be grounds for overturning the verdict.

Because the U.S. court system has a preference for respecting the decisions of a lower court, it can be difficult to overturn those verdicts through appeals. There are only two major types of errors that allow a person to appeal. The first is when the lower court made a clear mistake regarding the law. The second situation is where the evidence shown did not support the final verdict in the trial.

Sexual harassment in the workplace

Workers in New Jersey are legally protected from sexual harassment by supervisors, coworkers and clients at their workplace. Sexual harassment can take many different forms and can be experienced by both men and women. After being sexually harassed, workers should make it clear to the person harassing them that the behavior is unwelcome and unlawful.

Some examples of sexual harassment in the workplace include sexually suggestive behavior, jokes or language. Unwelcome sexual propositions and inappropriate touching could also be considered sexual harassment. If sexually explicit material is displayed around a work environment or intrusive questions are asked about sexual activity, these things could amount to sexual harassment as well.

Resolving disputes in New Jersey

Not every civil case that goes to court has to be resolved by a judge. In many cases, the parties involved in a dispute can take part in mediation or arbitration. This is referred to as alternate dispute resolution. Mediation is an informal and voluntary process that is entered into by all parties to a dispute.

The mediator does not make any type of decisions for the parties. Instead, the mediator guides the conversation along in the hopes of establishing a dialogue. While the process is voluntary, any agreement that is reached through mediation is considered to be a binding agreement. In the event that no agreement is reached, the parties may pursue other types of legal action.

Legal recourse against wrongful termination

Some New Jersey residents may have reason to believe they were wrongfully discharged from their job. When this happens, it may be beneficial to know if the discharge was done within the confines of the law and the employer's termination policy. If not, the employee may have the option of pursuing a wrongful termination suit.

Wrongful termination may occur in any industry, and an employer may offer reasons that are invalid under state and federal laws. If an employee challenges his or her termination and wins, damages may be won. Each situation is different, but damages may include reinstatement, promotion, back pay, certain accommodations, compensatory or punitive damages, and attorney fees.

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