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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A Special Announcement!
Boatman Ricci is pleased to announce the opening of its Tallahassee office! Boatman Ricci is a full service law firm that provides skilled legal services to a broad range of clients across the state of Florida. Though Boatman Ricci originally built its reputation as a premier civil litigation firm in Florida, the...
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Intellectual Property Basics
“Intellectual property” covers a wide array of different protections for intangible property. These different protections are based upon which type of intangible intellectual property you seek to protect. Intellectual property can be divided into three main areas: patents, copyrights, and trademarks. On the margins, some people also group trade secrets and the rights of privacy/publicity into
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5 BASIC QUESTIONS ABOUT COPYRIGHT LAW, ANSWERED
What is a copyright?
A copyright is a form of protection granted by the United States federal government which applies to an original work of authorship fixed in a tangible medium of expression. 17 USC 102(a). For something to be protected by...
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RECOVERING ATTORNEY’S FEES IN A LAWSUIT
Lawsuits are expensive. They can get even more expensive when one party is required to pay the attorney’s fees for the other side. The general rule, also called the “American rule,” is that each party pays their own attorney’s fees and costs regardless of which party wins. This “American rule” allows for...
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CONTRACTORS BEWARE: PUBLIC ADJUSTING WITHOUT A LICENSE
Contractors, including disaster clean-up companies, are often the first people called to the scene when a major property damage event occurs. Some contractors are very experienced in handling repairs or restoration work which is related to an insurance claim. However, within the context of handling repairs that are the subject of an...
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EQUITABLE LIEN: AN ALTERNATIVE TO A CONSTRUCTION LIEN
Contractors sometimes have a hard time getting paid for construction work done at a home or other property. As a remedy, generally, a contractor can file a construction lien against the property until the debt by the property owner has been paid. You can find information on how and when a construction...
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