Question: Do Attorneys Need To Watch What They Say To Opposing Counsel and their clients? Answer: Absolutely, or be subjected to discipline! An attorney sent a letter to opposing counsel for the child...
What do you need to show to prove a conspiracy to violate someone civil rights?
Question: What do you need to show to prove a conspiracy to violate someone civil rights? Answer: There are 4 elements. If 2 or more persons in any State conspire for the purpose of depriving, either ...
Can Officer Lie To Gain Entry Into Your Home?
Question: Can Officer Lie To Gain Entry Into Your Home? Answer: No! Under the 4th Amendment, searches and seizures inside a home without a warrant are presumptively unreasonable. Physical entry of the...
Can A Juror Be Replaced Once Deliberations Have Begun?
Question: Can A Juror Be Replaced Once Deliberations Have Begun? Answer: Yes, But Only In Extreme Cases. Trial Rule 47 provides: “Alternate jurors … shall replace jurors who, prior to the time the...
Are you allowed as a juror to investigate a collision on your own outside of the evidence presented at trial?
Question: Are you allowed as a juror to investigate a collision on your own outside of the evidence presented at trial? Answer: No, the instructions you receive as a juror include the following: You h...
Can parents be strictly liable for actions of their child?
Question: Can parents be strictly liable for actions of their child? Answer: Yes. As a general rule, the common law does not hold a parent liable for the tortious acts of their minor children. However...
Can parents be held civilly liable for wrongful actions of their child like murder?
Question: Can parents be held civilly liable for wrongful actions of their child like murder? Answer: Yes. The failure to control, like the other common law exceptions, imposes liability upon the pare...
Are plaintiffs required to mitigated their damages?
Question: Are plaintiffs required to mitigated their damages? Answer: Yes. Mitigation of damages addresses conduct by an injured party that aggravates or increases that party’s injuries. Indiana...
Is it “Judicial Misconduct” to hear a case Involving a close friend?
Question: Is it “Judicial Misconduct” to hear a case Involving a close friend? Answer: Yes, since a Judge must recuse themselves in such cases. A Judge failed to recuse and instead acted to secure...
Are Recorded Jail Telephone Calls Admissible Into Evidence?
Question: Are Recorded Jail Telephone Calls Admissible Into Evidence? Answer: Yes, When Consent To The Recording Is Given By Either The Sender Or The Receiver. Does a trial court abuse its discretion ...