Search results
Results from the WOW.Com Content Network
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish "just cause" for termination), and without warning, [1] as long as the reason is not illegal (e.g. firing because of the employee's gender, sexual orientation, race, religion, or disability status).
Rather, the court explained that the trial court had properly followed existing Florida state law at that time, given that in a previous case, Johnson v. State, [11] the Florida Supreme Court had upheld the constitutionality of a statute similar to the vagrancy ordinance at issue. [10]
A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the claim. The exact time period depends on both the state and the type of ...
Equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and Nationality Act (INA). [2] Equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the ...
New York Criminal Procedure Law 160.50 permits the "sealing" of cases where charges were dismissed, vacated, set-aside, not filed, or otherwise terminated. Otherwise, New York does not allow expungements, or "sealings," of cases where a conviction was entered, except for some older controlled substance, marijuana, and loitering offenses.
In tort law the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i.e. there is an agreement between two or more natural persons to break the law at some time in the future or to achieve a lawful aim by unlawful means.
Following cases in the state have molded and defined the applicability of the Williams Rule in criminal cases. Varying standards of "relevance" seem to apply depending on the prong of the rule applied. The legislature of Florida has also codified the Williams Rule in Florida Statute section 90.404(2)(a). [2]
The principle is that the acts of an agent of the company are assumed, by law, to be the acts of the company itself, provided the tortfeasor was acting within the course of his employment. By contrast, each of the above negligence theories requires proof of actual negligence on part of the employer before the injury occurred, for example when ...