Examples of Legal Issues
A legal problem is a problem or question that is related to law. You may need to consult a lawyer if you have legal issues or are dealing with a lawsuit. Sometimes the problem is not obvious. A lawyer can help you sort it out.
Joint and multiple liability
In a joint and numerous liability case, a person may be entitled to compensation if they are the victim of an act of violence. This type of case requires that each defendant pay a proportional amount of the judgment. The plaintiff will then seek to collect against the defendant with more assets.
Joint and multiple liability is a legal issue that involves many different factors. Two drunk drivers can be jointly and severally liable if they cause injury to pedestrians. Joint and multiple liability protects the plaintiff from losing all their money if their lawsuit is successful. This type liability ensures that each defendant is held responsible for the damages caused to them by the other driver.
Personal injury cases often involve joint and multiple liability. States that use comparative fault law often limit joint and several liability in the United States. Some states are working to limit this type of liability, while others are trying to create a hybrid approach that applies both types.
Expungement
Expungement is the process of removing criminal convictions from a person’s record. Some states automatically seal criminal records. Others require a formal request. Expungements do not constitute a constitutional right and the procedures are not uniform.
California, for example, has simplified procedures for expunging records. Although expungements do not erase all records, they remove all information related to the case from government records. However, the records may be retained in newspapers, private databases, and social media.
A court must first declare a record unsuitable for public release before it can be expunged. Some jurisdictions do not allow expungement for certain types of offenses, including violent or sex crimes. Some jurisdictions allow expungement of certain types of offenses, such as first-time offenders. Each state has different expungement procedures. Many people choose to work with criminal defense lawyers instead of trying to handle this themselves.
Unlawful detainer
Unlawful detainers are a way for landlords to evict tenants for alleged violations of the rental agreement. However, before a landlord can start the Unlawful Detainer process, they must give the tenant written notice that they want to end the tenancy. In some cases, landlords may set a deadline for the tenant to fix the problem before the Detainer can be served. For example, a landlord may require a tenant to get rid of an unauthorized pet within three days of receiving the notice, while others may offer a reasonable amount of time to fix the violation.
Other than non-payment, an unlawful detainer can be brought against a tenant. A landlord may claim that the tenant threw garbage and other objects onto the property or is using it illegally. In this instance, the tenant must prove that their actions have permanently damaged or destroyed the property’s value.
Unjust enrichment
Unjust enrichment is a legal issue where an individual is deprived of a benefit by another. The remedy in these cases is restitution, or paying the person the value of the benefit they were deprived of. Restitution can be in the form of a personal, or proprietary money award. In a personal remedy, the defendant must pay the claimant the amount of money they would have received if they were the owner of the property. The latter form of restitution requires the court to recognize the beneficial interest the defendant has in a property or asset.
Unjust enrichment claims are when one party gets financial or business benefits from the other without an express written agreement. In these situations, the person claiming the benefit may argue that the other party has no legitimate interest or a business or property. Unjust enrichment cases are complicated and require careful analysis.
Contributory negligence
Contributory negligence in an automobile accident can be a big problem. If another driver caused your accident, you may not be able to recover for your injuries. It is possible to get compensation for your losses if your actions contributed to the accident. This can occur when you were driving too fast or not using your headlights.
It is not always obvious what the concept of contributory neglect means. In some cases, a jury might be asked to decide if a plaintiff was responsible. Maryland’s court took a case where the plaintiff couldn’t see a defect in a staircase because of circumstances beyond his control. In order to win a case involving contributory negligence, the plaintiff must be able to prove that a substantial distraction prevented him from noticing the defect.