Gary JensenBeardsley, Jensen and Von WaldThe United States Supreme Court held in a 5-4 decision that judges cannot impose mandatory – automatic - life sentences without parole on juveniles convicted of
There are different kinds of contracts.
Gary JensenBeardsley, Jensen and Von WaldThe United States Supreme Court held in a 5-4 decision that judges cannot impose mandatory – automatic - life sentences without parole on juveniles convicted of
You can imagine that some evidentiary issues are easy to decide, others not.
Gary JensenBeardsley, Jensen and Von WaldThe United States Supreme Court held in a 5-4 decision that judges cannot impose mandatory – automatic - life sentences without parole on juveniles convicted of
Who decides if evidence was properly admitted in a trial and what standard is used to make that determination?
Gary JensenBeardsley, Jensen and Von WaldThe United States Supreme Court held in a 5-4 decision that judges cannot impose mandatory – automatic - life sentences without parole on juveniles convicted of
This decision in Miller v. Arizona, 567 U.S. ____ (2012) reflects a court that is bitterly divided on this particular issue. Gary JensenBeardsley, Jensen and Von WaldConducting a visual strip search for a minor offense was approved by the United States Supreme Court in Florence v. Board of Chosen Freeholders, 2012 WL 1069092.A
Given the current election cycle, the political consequences of this decision may become more significant or immediate than the legal consequences.
Gary JensenBeardsley, Jensen and Von WaldConducting a visual strip search for a minor offense was approved by the United States Supreme Court in Florence v. Board of Chosen Freeholders, 2012 WL 1069092.A
Two insurance companies were not held liable for their agent's theft of thousands of dollars in Hass v. Wentzlaff, 2012 S.D. 50 Gary JensenBeardsley, Jensen and Von WaldConducting a visual strip search for a minor offense was approved by the United States Supreme Court in Florence v. Board of Chosen Freeholders, 2012 WL 1069092.A
Our court again stated that it's presumed to be in the best interest of a child to be in the care, custody, and control of the child's parent.
Gary JensenBeardsley, Jensen and Von WaldConducting a visual strip search for a minor offense was approved by the United States Supreme Court in Florence v. Board of Chosen Freeholders, 2012 WL 1069092.A
Conducting a visual strip search for a minor offense was approved by the United States Supreme Court. This decision is controversial, obviously.
If you want to be certain that you will be compensated for your injuries and damages when somebody else causes an accident and hurts you – it's essential that you have your own underinsured and uninsured coverage in place.
What's all this health care fraud costing you and me?
In other words, it takes very little for law enforcement to justify stopping your vehicle. Drive accordingly.
A significant portion of the money settled lawsuits brought by utilities arising out of breach-of-contract lawsuits for storage of spent nuclear fuel.
At this point in the evolution of Twitter, most legal commentators would probably say that no one knows for sure.
The number of death penalty sentences in the United States has dropped to its lowest point since capital punishment was reinstated in 1976.
There's a robust debate going on around the country about the value of a legal education given, among other things, its cost at some schools and today's job market.
In South Dakota, the Fist Amendment to the United States Constitution gives the media and public "a qualified right of access to civil trials…"
Issuing a "gag order" in a civil case is clearly an exception, not the rule.
So, not only should you drive defensively, you should also purchase insurance coverage defensively – to insure what's important to you.
The South Dakota Bar Association has helpful information on flood related issues on its website.
Medicaid eligibility can become an issue for any family. A good resource is the SSA Program Operations Manual System (POMS) which is available online.
The issue was addressed by the South Dakota Supreme Court in State of South Dakota v. Goulding, 2011 S.D. 25.
The school district implemented the drug testing policy to address documented drug and alcohol concerns.
What do you think of the Court's decision in Snyder v. Phelps, No. 09-751? What happened at Marine Lance Corporal Matthew Snyder's funeral in Westminster, Maryland, is likely to offend you – make you angry – it was the issue in this lawsuit.
You can protect yourself from these financially irresponsible drivers by buying uninsured or underinsured coverage.
If you're legal counsel for the Defendants, how do you cross-examine a police report?
A counterclaim is a claim made by a defendant against the plaintiff who started the lawsuit
"Inadequacy of award".
The law considers a customer a "business invitee."
The court is required to follow the public policy and language of the legislative body unless there's a fundamental flaw such as a constitutional violation.
You can recover all of your damages after being injured in a car accident caused by somebody else's negligence – but, only once. You cannot recover twice.
Sometimes even the issue of liability in a car accident case can be so clear that it should be decided by the judge rather than by the jury.
High school drinking parties are dangerous, often result in legal issues including questions about insurance coverage when injuries result.
The Wright decision is helpful if you're interested in the issue of when law enforcement can stop vehicles driving down the road.
Custody or visitation may still be awarded to someone other than a parent if the circumstances warrant it within the framework set out by South Dakota statutes.
This case is a good example of how the law varies from state to state based upon language in statutes passed by state legislatures.
Some experiences and observations are the same for everyone, of course, while others are very different. It makes for interesting discussion and debate in a jury room.
As long as we're living our lives reasonably and in a lawful manner, we have a right to assume that others will "perform their duty and obey the law," unless there is reasonable cause to think otherwise.
But what if God and the negligence of a human being came together to cause the accident?
It's a very important subject because conduct – no matter how "bad" it is – is actionable
only if it is a legal cause of injury.
Sometimes, it's obvious that a person assumed the risk of injury or damages; much of the time, however, it's not obvious so is the subject of testimony from witnesses, argument by counsel, and jury instructions from the judge.
Even if a defendant driver is negligent, his responsibility for personal injuries and damages may be reduced or even eliminated if the driver suing is contributorily negligent.
Sometimes, it's black and white – much of the time, gray.
Should the public be allowed to vote out a Judge because they don't like the Judge's decision even if the Judge's ruling is correct and, as in this instance, is joined by every other Judge on the Court?
Does authorizing time each day for elementary students to voluntarily recite the pledge of allegiance – with its phrase of "under God" – violate a student's constitutional rights?
Who decides disputes regarding governance of religious corporations – the church or the courts? It's the church in the circumstances presented to the South Dakota Supreme Court in Hutterville v. Waldner, 2010 SD 86.
Several Justices of the Supreme Court usually attend, along with congressional leaders, diplomats, cabinet secretaries, and other dignitaries the day before the United States Supreme Court begins its new term.
If you think somebody negligently harmed you – or somebody claims you negligently harmed them – what legal standard would the judge instruct the jury to use?
According to the majority in a recent U.S. Supreme Court decision, there is a right to keep handguns in the home for self-defense. The right to self-defense is fundamental to the American conception of ordered liberty.
This decision may get more attention than you think, time will tell. Some will think it's important, others may think it was a waste of the court system's time. It was very important to owner of the fifteen cats; her rights to her cats were terminated.
You can do your own legal research online.
Be direct - say this - I am exercising my right to remain silent and then remain silent except to request that you be allowed to call your lawyer.
Grandparent visitation disputes are awful, wreaking terrible emotional and financial costs on all concerned. Sadly, they continue to exist and require the court system to have the wisdom of a panel of Solomons.
When you spot a dangerous situation, what should you do about it?
What if you are injured using a product you know is dangerous – are you barred from recovering damages based on your assumption of the risk? Maybe – maybe not.
Medical malpractice cases are perhaps the most contentious of all lawsuits involving unrelated parties. They raise all sorts of issues and emotions.
