Double Jeopardy

We found this article for you to read: A second prosecution for the same offense after acquittal or conviction or multiple punishments for same offense. The evil sought to be avoided by prohibiting double jeopardy is double trial and double conviction, not necessarily double punishment. The Fifth Amendment to the U.S. Constitution provides, "No person shall … be subject for the same offence [sic] to be twice put in jeopardy of life or limb." This provision, known as the Double Jeopardy Clause, prohibits state and federal governments from prosecuting individuals for the same crime on more than one occasion, or imposing more than one punishment for a single offense. Each of the 50 states offers similar protection through its own constitution, statutes, and Common Law. Five policy considerations...

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What is Double Jeopardy and Does it Apply to Breach of Contract?

The law known as double jeopardy stops the government from convicting a defendant more than once for the same of a similar charge. Double jeopardy protects a person from successive punishment for the same type of offense. The double jeopardy law only protects a person under certain charges. These charges only include claims that do not put someone in jeopardy. http://wblawgroup.com/WebbBordson/blog/does-double-jeopardy-apply-in-breach-of-contract-l...

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Can there be a breach of contract if the parties didn’t sign anything?

Even if the parties involved in the contract did not sign anything and there was a type of formal close to the contract, then technically the contract exists.  Formally closing a deal could be as easy as shaking hands.  Most people beleive that a contract only exists if there is a document with signatures on it.  This is not necessarily true.   http://wblawgroup.com/WebbBordson/blog/you-can-sue-and-be-sued-for-breach-of-contract-even-if-you-didnt-sign-anything/ San Diego Litigation Attorney (619) 399-7700&nbs...

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Letting the Court Evict A Tenant

A lease agreement is a document between a landlord and the tenant renting his property.  This document is honored by the state as a legally binding contract.  Both parties must honor all terms of this contract, and if they don't they may be sued for breach of contract.   http://wblawgroup.com/WebbBordson/blog/for-breach-of-lease-contract-you-can-let-the-court-evict-the-tenant/...

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Ciara Sued for Breach of Contract

Read this article we found about singer Ciara: Pulling out of a gay pride event has resulted in a lawsuit for Ciara. A Hollywood nightspot is suing the "Body Party" singer, alleging she signed a $10,000 appearance fee contract only to walk away from the deal.  The Factory claims CiCi first signed on to sing at the L.A. Gay Pride weekend celebration tonight (Jun. 7), but had to scale down to merely making an appearance due to restrictions in her contract for tomorrow's show that she is headlining. Venue reps claim they were under the impression that Ciara would still be stopping by, and is suing to recoup money lost from her cancellation just earlier this week (Jun. 3), saying that they were left to scramble for an adequate replacement and lost money in marketing...

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Three Elements For Breach of Contract

Here at WB Law Group we know suing or getting sued for breach of contract requires three elements.  These elements can be compared to a camera's tripod.  Just like a camera's tripod if one leg is missing it can not stand.  http://wblawgroup.com/WebbBordson/blog/contract-law-attorney-cites-3-elements-for-a-breach-of-contract-case-to-sta...

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California Statute of Limitations for Civil and Personal Injury Actions - An Overview

Read this article we found on the statute of limitations in California: What Is A "Statute of Limitations" A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief. Proliferation of Statutes Although people often speak of "the statute of limitations", in fact there are many statutes which apply limitations periods to civil actions. Sometimes it can be difficult to keep track of the various statutes and their exceptions. Thus it is a very good idea for somebody who is concerned about losing their right to sue as a result of the expiration of the statutory...

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Statute of Limitations for Breach of Contract

Lets look at the example of a restaurant owner.  The restaurants enters into a written contract with a seafood supplier.  Everything was going smoothly until the supplier missed his quota of seafood.  This results in your customers being disappointed that their favorite dish is not available.  This restaurant owner might then consider legal action agains the supplier for breach of contract.  http://wblawgroup.com/WebbBordson/blog/what-is-the-statute-of-limitations-for-breach-of-contract...

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Discrimination Comes in Different Shades

California is known for having a mix of different races, ethnic origins, and nationalities.  That is how California got the nickname, "The Melting Pot."  California's population over the last half-century has increased greatly.  This is due to the amount of immigrants from across the Pacific Ocean and jus south of the border.  http://wblawgroup.com/WebbBordson/blog/racial-discrimination-101-san-diego-employment-attorney-notes-that-discrimination-comes-in-different-shad...

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Reasons for Having a Real Estate Attorney Present at Closing

Check out this article on real estate attorneys: So far everything has gone well: You've found the perfect house, and you've obtained a mortgage with a low interest rate. You've agreed to the closing date, and now you're thinking of some new furniture or some additional landscaping for your new home. So why not save a little money for those items by skipping a lawyer and handling the closing yourself? Legal Language Buyers and sellers alike can often find the closing process confusing. According to the Diamond Law Group, there are numerous documents to prepare and sign as well as documents to record, taxes to pay and transfer and insurance provisions to make. However, most of this is couched in legal terms unfamiliar to the average buyer and seller....

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