The practice of law is an extremely interesting profession, as the law changes often and presents occasional surprises.
Did You Know...
- A Temporary Judge, also called a Judge Pro Tem is usually an attorney who volunteers and is so appointed to the position. An attorney acting in the capacity of a Temporary Judge cannot also appear as an attorney in the same courthouse on
the same day, as it could give the appearance that the attorney is receiving favorable treatment.
- A Battery is a harmful or offensive touching of another.
- A Civil Assault results from a justified fear of an imminent Battery occurring.
- Landlords are prohibited from using "self-help" remedies, including menacing conduct, threats or intimidation to evict Tenants. Only legal process may be used for eviction purposes.
- Peaceable possession by consent in a dwelling by a person for a period of longer than 30 days could likely create a tenancy, whether or not an agreement for such tenancy exists.
- One may not secretly record another person's conversation in California absent court approval.
- One may not threaten criminal prosecution to gain advantage or for leverage in civil claims. To do so could be extortion.
- It may be a crime to strike or physically abuse anyone.
- An unlicensed contractor cannot enforce charges exceeding $500 for residential home improvements.
- A licensed contractor must provide a homeowner with a written contract and cannot charge more than 10% for a down-payment upon work to be performed.
- Small claims jurisdiction for claims of individuals is generally $10,000 and $5,000 for business entities.
- An Unlawful Detainer action filed to evict a tenant is a summary proceeding, which has priority over most other cases in getting to trial, usually within 30 days of filing.
- An Injunction for Harassment may be imposed by a judge following a hearing, based upon a finding of "clear and convincing" evidence. It requires more than the civil standard of "preponderance of the evidence" and less than "reasonable doubt" used in criminal cases. An Injunction for Harassment may be imposed for a period of up to three years.
- Corporations and limited liability companies offer limited liability for their owners (shareholders or members). They are both "creatures of statute" and only exist when granted by the Secretary of State.
- Lawyers are descended from the knights of old, who would fight as champions for their patrons. A battle between two knights would decide the merits of the claim. Not so different from today, without the physical smiting.
- Most lawyer jokes aren't really true (but some come close to the mark).
- A lawyer has a fiduciary duty to his or her client and is bound to protect the client's best interests.
- The Hearsay Rule has more recognized exceptions than all of your fingers and toes.