Civil Justice For Crime Victims
Seeking justice against the perpetrator of a crime is generally understood as criminal prosecution seeking incarceration. But in the wake of a crime the victim is often left injured in a way that prosecution does not help. Victims left with physical, emotional and financial...
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1031 Exchange: Exchange The Property, Keep The Tax Benefits
Many investors have found real estate to be an attractive vehicle to protect and grow their investment. Sometimes, an investor may wish to sell one piece of real estate and immediately invest in another. When this happens, investors need to be able to sell one property and purchase another without incurring the...
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Beware of Civil Forfeiture
Civil forfeiture is when the government seizes property it claims is connected to illegal activity. It developed under British maritime law, where it was easier for the Crown to seize and prosecute a vessel, rather than its owner who may be across the ocean. Thus, civil...
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Undisclosed Defect Claims in a Fast-Paced Real Estate Market
Buyer (and Seller) Beware...
It goes without saying that the real estate market in Southwest Florida is on fire right now. We have heard story after story of houses selling before they are even listed on the market. In this extremely fast-paced market, we have seen many buyers and...
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What is a Trademark?
A brand identifier can be a name, a logo, a slogan, etc. The Nike “swoosh” and the Starbucks’ woman are both identifiers which identify those brands. Trademarks protect brand identifiers. Trademarks ensure that no one else can use your brand identifier. This helps prevent third-party brand tarnishment, confusion, or dilution, which...
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Relying On Representations Of Others Who Go Back On Their Word
Florida property owners often have to receive approval from associations and/or government agencies for changes to their property ranging from landscaping to major construction projects. What is a property owner to do when the association or agency giving the approval changes their position and revokes the initial approval? The answer...
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The Importance of The Fifth Amendment
Protection for the individual citizen against State Power was a core consideration of the Founding Fathers. Many people don’t realize it, but half the amendments of the Bill of Rights focus on protections for criminal defendants—it’s like a miniature code of criminal procedure.
The 5th
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How Do I Get a Copyright?
Step One: Determine Whether the Work Can be Copyrighted
In order to obtain a copyright, you will first need to decide whether the thing you wish to copyright can be copyrighted. A copyright is a form of protection granted by the United States federal government which applies...
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Motions to Dismiss in the Criminal Context
The two core principles of American criminal jurisprudence—proof beyond a reasonable doubt, and the burden of proof belonging to the accuser—have allowed countless of the wrongly accused to prevail at trial. But pursuing a case all the way to trial can be daunting, expensive and time-consuming. How can a defendant go on...
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PROTECTING YOURSELF FROM YOUR CONTRACTOR’S FAILURE TO PAY
I am a Florida property owner getting ready to start a major improvement project. Do I have to worry about protecting myself from my contractor not paying his sub-contractors, suppliers, or labor providers? The answer is YES! Florida...
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