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Archive for February, 2010

*All Posts,Domestic-violence,Terroristic threats

The crime of terroristic threats requires a showing of three essential elements: (1) that the defendant in fact threatened the plaintiff; (2) that the defendant’s intent was to threaten the plaintiff; and (3) that a reasonable person, under an objective standard, would have believed the threat

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February 26, 2010 at 12:02 pm

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*All Posts,Litigation

Trial judges may intervene in questioning witnesses, especially in cases involving pro se litigants

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February 26, 2010 at 11:56 am

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*All Posts,Evidence,Litigation

Concealment and surprise are not to be tolerated in a modern judicial system

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February 26, 2010 at 11:49 am

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*All Posts,Child-support,Equitable-distribution,Estate Planning Issues,Financial Planning,QDRO

Pension and social security benefits, as well as child support, should be immune from garnishment and levy

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February 25, 2010 at 7:35 pm

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*All Posts,Child-support,Emancipation

Attainment of age eighteen establishes prima facie, but not conclusive, proof of emancipation

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February 25, 2010 at 1:04 pm

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*All Posts,Pendente lite support

Provisions of a pendente lite order do not survive the entry of a judgment of divorce unless expressly preserved in it or reduced to judgment prior to entry of final judgment

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February 25, 2010 at 1:00 pm

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*All Posts,Agreements

The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them

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February 25, 2010 at 12:58 pm

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*All Posts,Counsel Fees

If the trial judge misconceives the applicable law or misapplies it, the exercise of legal discretion lacks a foundation and becomes an arbitrary act

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February 25, 2010 at 12:55 pm

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*All Posts,Attorney-client-relationship,Counsel Fees,Legal Malpractice

A negligent attorney is responsible for the reasonable legal expenses and attorney fees incurred by a former client in prosecuting the legal malpractice action

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February 25, 2010 at 12:51 pm

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*All Posts,Frivolous litigation,Litigation

One of the obligations of a party who intends to seek an award based on frivolous litigation is service of a written notice of its intention to seek sanctions for frivolous litigation and a demand to withdraw the frivolous pleading

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February 25, 2010 at 12:48 pm

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