Although a defendant has a right to remain silent under the Fifth Amendment to the United States Constitution, the defendant also has a constitutional right to testify at his or her trial for a criminal offense. The defendant's right to testify includes his or her right to present a defense.
Automobile Insurance Policies: Refusals to Insure
An automobile insurance company has the right to choose whom it will insure. If an applicant for automobile insurance is deemed to be a bad risk, the insurance company can refuse to issue an insurance policy.
Household/Family Members Exclusions in Motorists Insurance
Some motorist insurance policies contain an exclusion of liability and uninsured coverage for members of an insured's household or family.
A person commits the offense of aggravated robbery when he or she during the course of a theft, which theft is committed with the intent to obtain or maintain control of property, intentionally, knowingly, or recklessly causes serious bodily injury to another person, uses or exhibits a deadly weapon, or causes bodily injury or threatens to cause injury to an elderly or a disabled person.
Omnibus Clauses in Auto Insurance
An omnibus clause in an automobile liability insurance policy extends coverage under the policy to those using an insured automobile with a named insured's express or implied permission. The clause is also known as an additional insureds clause.
Federal Habeas Corpus Petitions
A state prisoner who is seeking federal habeas corpus relief must file a petition in a federal court. The petition does not need to be filed by the prisoner himself or herself.
Punitive Damages in Automotive Products Liability Actions
A plaintiff in an automotive products liability action is generally required to prove that a motor vehicle as sold contained a defect in its design, in the way in which it was manufactured or assembled, or in the failure to warn of a risk inherent in its operation that created an unreasonable risk of death, personal injury, or property damage when the vehicle was used for its intended purpose and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the loss or damage for which the plaintiff seeks to recover damages.
Role of Auto Accident Reconstruction Experts
Automobile accidents can be very messy. In order to determine what led to an accident, an automobile accident reconstruction expert can be employed.
A plaintiff (the person suing) who wins in a civil trial obtains a judgment against the defendant (the person being sued). In federal courts and most state courts, the defendant has a right to appeal the judgment.
Domestic Violence, Firearms, and the Courts
In a study of domestic violence against women, the United States Department of Justice, Bureau of Justice Statistics, estimated that at least one million violent crimes were committed against former spouses or intimate partners each year.