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Employment Discrimination Attorney |
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It is not lawful to discriminate against any employee because of disability, race, sex, age, or pregnancy, religion or national origin. It is also illegal to discriminate against an employee because he or she is a whistleblower who reported illegal activity or fraud. If you have been wrongfully fired or treated unfairly because of illegal employment discrimination, call us. Upon receipt of your call, we will review your case to determine if you have a case and to evalutate your damages. For decades, our law firm has been a loud voice for the rights of workers, labor unions and injured employees in Michigan. We will vigorously fight for your rights and work to recover damages for the harm you have suffered as a result of illegal discrimination or workplace harassment. What Is Illegal Discrimination in the Workplace? In Maryland employment discrimination happens when an employer takes illegal adverse action against an employee soley because they are a member of a protected class. Protected classes include gender, race, religion, age, employees who are disabled or considered disabled, among others. It is also possible for men, Caucasians and others to be subject to reverse discrimination. Adverse employment action is not limited to the firing of an employee. It can be a variety of unfair treatment because of an employee's age, race, disability, sex, or because the employee reported illegal discrimination or activity. Some examples of adverse actions are: Discrimination refers to any the act of treating someone in a different manner on the basis of that person's characteristics such as race, gender, national origion or age. The legal definition of discrimination is different than the dictionary definition of discrimination. Under the different statutes only certain types of actions are considered discrimination and only certain classes or types of discrimination are violation of the statutes. legal when actions turns into a condition of employment to make a work environment that a would considered intimidating or abusive. Illegal conduct may include offensive jokes and name calling or threats. The person doing the harrassing can be the supervisor or sometimes a co-worker. The employer becomes generally liable for conduct that is done by a supervisor that results in termination or not hiring or not promoting Employment law is based on a complicated interaction of state and federal laws designed to establish the rights and obligations of both employers and employees in the employment relationship. In general workplace rights are varied and complicated and can apply to employees people looking for jobs, past employees and these cases often involving constitutional rights. Jack I. Hyatt Attorney has support professionals that provide the expertise and experience needed to help employees that have been injured by illegal employment practices. We can help people protect and assert their rights in the workplace. Contact our office for assistance in learning legal, financial, and emotional issues related to rights violated by an employer's unfair employment practices. Every employee, former employee and job applicant has many different types of rights in the workplace that have been established by state and federal laws. While employment disputes are often complex our office understands how to detect what the legal issues are and how to proceed. Sexual harassment in the workplace laws provide workers, both male and/or female, has the right to be free of sexual harassment by employers and fellow workers in the workplace. Maryland laws provide victims of unwelcome sexual advances by an employer or a hostile work environment are entitled to relief and redress. Employees have rights and obligations that relate to the actuaol elationship between the employers and employees. While individual claims related to employment agreements, employment contracts, layoffs and severance agreements involve many aspects of employment law, an experienced employment litigation attorney can fight for the rights and advantages of individual employees. Find out more about contracting in the workplace. When employees bring an employer's illegal actions or practices to light, they have a right to be free from retaliation. Under state and federal laws, whistleblowers enjoy a number of different protections. Find out more about whistleblowers' rights. Contact Jack I. Hyatt, Attorneys and Counselors at Law, for supportive counseling and aggressive representation, devoted to protecting your interests and rights as an employee. Whistleblower Claims is one of the most misunderstood areas of the law. Although many people have an idea of what a whistleblower is many they are clear about what protections exist for those who do disclose the activity. Discrimination Claims Discrimination in the workplace is most often thought to be sexual discrimination, but there are many other forms of illegal discrimination. Illegal discrimination may encompass a variety of issues that include sexual orientation, age, color, race, gender, religion, national origin, marital status or disability. If you feel you have been a victim of discrimination, then you should speak to a qualified attorney about the facts and circumstances of your individual workplace situation. Do not wait until your situation worsens, or you are victimized again. Any delay can prejudice your rights. It is critical that you consult with experienced legal counsel right away. A whistleblower is someone who discovers fraud against the government and then files a law suit on behalf of the government. While this may sound simple, it rarely is. An example is usually a good way to make a point, and in this instance, it may be helpful to understand what may be classified as a whistleblower cause of action. Suppose you happen to work for a doctor or other health care professional who sees Medicare patients on a regular basis. You do the office books and over time you have noticed that the others in the office are over inflating the amount of time spent with these patients. Instead of the usual 15 minute period, they are claiming 45 minutes. Herein may lie a potential whistleblower action � because the government is being defrauded. The key is to whether or not you have a whistleblower claim is if the government is involved. If the same health care professionals are also over billing private insurance companies, this is unethical, but not a whistleblower claim. As you can see the main point to consider in actions like this deal with whether or not someone is intentionally ripping off the government. Both the federal and the state laws outline that the person who blows the whistle gets a portion of whatever penalty the defendant winds up paying the government. In many cases the percentage may range from 15% to 25% for cases settled under the federal act and about 10% to 30% for cases settled under the state statute. Many people are afraid to blow the whistle as they are certain there will be some serious retaliation. Both the whistleblower acts have provisions protecting the person reporting fraud and if the individual subsequently gets suspended, demoted, fired, harassed or threatened, they may apply for relief under the statute. The main thing to note is that if you are intending to file a case like this under the Federal False Claims act your should proceed with experienced representation. These cases are not easy and their complexity will ensure a long legal battle in the courts. Only Maryland whistleblower protection lawyers with this kind of specific experience will be able to process these cases. In both federal and state cases, the attorney first serves the government with the complaint in the event the government wishes to pursue the case itself. If it doesn�t want to get involved in the action, the case falls to the whistleblower and the Chicago employee whistleblower attorney to take the case to court on behalf of the government. Our law firm will work on a contingency basis and recover a percentage if the case is won. If the case is lost, the attorney receives nothing. This may vary with some lawyers and it is alwys a good idea to learn how you will be charged in the begining. Our law firm will take the time to listen to your concerns, ask for all the pertinent details and then we operate on an investigate, evaluate and negotiate basis. This does not necessarily mean that The Jack I. Hyatt Office will litigate your case, but we will definitely let you know your legal rights and whether or not you do indeed have grounds to proceed to litigation. Harassment Claims As with discrimination in the workplace, illegal harassment can be based upon not only sex, but also any one or more of the other protected characteristics as set forht in the statute. Harassment at its beginging stage is aggression against another person's mind or body. Put another way, harassment is often about the abuse of power, either physically or the abuse of the power of a person's position in relation to the individual being harassed. Severance Claims No matter how good you may happen to be at your job, you could lose it through no fault of your own in a downsizing, reduction in force, or other form of lay off. If you are offered a severance package, your employer will most likely require that you release any and all legal rights you may have as a condition to receiving any severance compensation. The severance offer may also include non-economic terms and restrictions that may not be in your very best interests. Many people don't know that they can negotiate a severance package, and that to do so in a beneficial manner, hiring an attorney with experience in this area is a smart one. Unlawful Retaliation Working with a supervisor might not always be the best experience, particularly if there are problems in the workplace. Close relationships like this are often ripe for personal conflicts and the odd disagreement now and then. If things get to the point where the employee and supervisor are really at odds, what develops is a situation where the worker becomes afraid of retaliation from their supervisor and fears for their job. There are specific laws and cases to prevent employees from being the targets of retaliation in a workplace and we would be happy to outline them for you if you are in a situation where your supervisor is making your life difficult. Disability discrimination occurs when an employer or other entity covered by the ADA, the Rehabilitation Act, or any equivalent state or local statute or ordinance, treats a qualified individual with a disability who is an employee or applicant unfavorably because he or she has a disability. The law forbids disability discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Party in interest A person with standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee, or bankruptcy administrator, creditors and the case trustee are parties in interest for most matters. Petition preparer A business not licensed to practice law that prepares bankruptcy petitions. Jurisprudence The study of the structure of the legal system and of the law. Jack I HyattHabeas corpus Latin for you have the body. A court order to law enforcement authorities to produce a prisoner and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who maintain their state prosecutions violated federally protected rights in some way. Hearsay Evidence evidence presented by the witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, such as the dying declaration of a witness, a business record, or a statement against interest (loosely, a confession),hearsay generally is not admissible as evidence at trial. Home confinement A special condition the court imposes requiring an individual to remain at home except for certain approved activities such as medical appointments and work. Home confinement may include the use of electronic monitoring equipment, such as an ankle bracelet to montor movements. An electrical transmitter attached to the wrist or the ankle to ensure that the person stays at home as required. Disclosure statement A written document prepared by the chapter 11 debtor or other plan proponent, designed to provide, adequate information to creditors to enable them to evaluate the chapter 11 plan of reorganization, jack i. hyatt, jack hyatt, . Discovery Procedures used to obtain disclosure of evidence before trial. Impeachment Process of calling a witness's testimony into doubt. If the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be impeached; jack i. hyatt, jack hyatt. In camera Latin, meaning in a judge's chambers. Often means away from the hearing of a jury and the public. Inculpatory evidence indicating that a defendant did commit the crime. Indictment Formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Joint administration A court-approved mechanism under which two or more cases can be administered together. Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc. Declaratory Judgment - A judgment of a court that explains what the existing law is or expresses the opinion of the court as to the rights and status of the parties, but which does not award relief or provide enforcement. Dismissal with prejudice -- Court action that prevents an identical lawsuit from being filed later. Dismissal without prejudice -- Court action that allows the case to be refiled. Supervised release Term of supervision served after a person is released from prison. The court can impose supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release may not replace a portion of the sentence of imprisonment but is in addition to the time spent in prison. U.S. probation officers supervise people on supervised release. Joint petition -- A single bankruptcy petition filed by a husband and wife together. Judge official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices. Letters Testamentary - Legal document issued by a court showing an executor's legal right to take control of assets in the deceased person's name. Used when the deceased left a will. Liable - Legally responsible. Bankruptcy petition A formal application by a debtor for the protection of the federal bankruptcy laws. There is an official form for bankruptcy petitions. Bankruptcy trustee A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors. Bench trial -- A trial without a jury, in which the judge serves as the fact-finde Brief - A written statement tendered in an proceeding or a trial that explains one side's legal and factual arguments. Burden of proof -- The duty to prove disputed facts. In some civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt. See standard of proof. Jury The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. jack hyatt, Jury instructions A judge's directions to a jury before it begins deliberations regarding the legal rules that it must apply and the factual questions it must answer. Decree - An order of a court. A final decree is one that fully and finally disposes of the litigation. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit. Substantive consolidation Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. Courts are reluctant to allow substantive consolidation since the action must not only justify a benefit that one set of creditors receives, but also the harm that other creditors suffer as a result. Summary judgment A decision made on the basis of evidence and statements presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when - on the undisputed facts in the record - one party is entitled to judgment as a matter of law. Per curiam Latin, meaning for the court. In appellate courts, often refers to an unsigned opinion. Peremptory challenge -the right to exclude a certain number of prospective jurors without cause or without giving a reason. Jurisdiction The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases. Appellant The party who appeals a district court's decision, usually seeking reversal of that decision. Appellate appellate court has the power to review the judgment of a lower court trial court or tribunal. the U.S. circuit courts of appeals review the decisions of the U.S. district courts. Appellee The party who opposes an appeal, and who seeks to persuade the appeals court to affirm the district court's decision. Wage garnishment non bankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor. Although the our federal and state laws prohibit different types of discrimination, different forms of discriminatory behavior have exist such as racial discrimination, age discrimination, gender discrimination and discrimination based upon disabilities, jack i. hyatt, jack hyatt, . Various federal and state laws prohibit the different types of discrimination but different acts of discrimination persist. Harassment is a type of employment discrimination that violates the civil rights statutes, the Age Discrimination in Employment Act, or the Americans with Disabilities Act. Harassment is the unwanted actions that is based on race, sex religion, age or disability. Acquittal A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. Active judge A judge in the full-time service of the court. Compare to senior judge. Capias instanter - Arrest order with court direction to bring the named person before the court immediately, with no bond. Writ of mandamus - A writ to compel performance of some action. Written plea of not guilty - A defendant's denial of a charge. Certiorari - Agreement by a court of appeal to proceed. Challenge - Term used in a jury trial when attempting to exclude a potential juror. Caption - The heading on a legal document listing the parties, the court, the case number, and related information. Writ of habeas corpus ad prosequendum - A writ of the court ordering that a defendant be produced to testify. Directed verdict - Instruction by the judge to the jury to return the specific verdict. Nolle Prosequi - The prosecutor declines to prosecute, but may still initiate prosecution within the time allowed by law. Nolo Contendere - No contest. A plea through which the defendant does not admit guilt, but which has the same legal effect as a plea of guilty in a criminal case. However, the no contest plea may not be used in a civil action related to the criminal charge to prove the defendant's civil liability. For example, a plea of nolo contendere for a traffic citation that resulted from an accident cannot be used to convince a judge in a civil case that a defendant is guilty of causing an accident. Lapsed Gift - A gift made in a will to a person who has died prior to the will-maker's death. Larceny - Obtaining property by fraud or deceit. Penalty Assessment - Procedure in which traffic offender is allowed to mail in a fine plead guilty by mail . Points may be assessed against the person's driving record for penalty assessment offenses. Peremptory Challenge - The right to challenge a judge or prospective juror without assigning a reason for the challenge jack i. hyatt, Mutuality - A meeting of the minds of contracting parties regarding the material terms of the agreement. Lesser Included Offense - Any lesser offense included within the statute defining the original charge, such as a lower grade of an offense. An offense composed of some, but not all of the elements of a greater offense and which does not have any additional elements not included in the greater offense, so that it is impossible to commit the greater offense without also committing the lesser, jack i. hyatt, jack hyatt, jack i hyatt esquire, Federal question jurisdiction given to federal courts in cases involving an interpretation and application of the U.S. Constitution, acts of Congress, and treaties. Felony A serious crime, usually punishable by at least one year in prison. Grand jury A body of citizens who are selected to listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense, jack i. hyatt, Temporary restraining order Similar to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO. Testimony Evidence presented orally by witnesses during trials or before grand juries. Tort A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract. Lawsuit A legal action initiated by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff. Lien A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge. Litigation A case, controversy, or lawsuit. Participants plaintiffs and defendants in lawsuits are called litigants. Necessarily Included Offense - Where an offense cannot be committed without necessarily committing another offense, the latter is a necessarily included offense; sometimes referred to as lesser included offense. Charge to the jury - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. Charges multiple - Case with more than one count or offense listed on the court file. Jack I HyattOath of indigence and order appointing counsel - Statement that a defendant is without funds to retain an attorney. Opening Statement - Initial statement made by attorneys for each side of a case. Plat - a map of a political subdivision showing locations and boundaries of individual parcels of land. Overrule - A judge's decision not to allow an objection. No true bill - Finding by a grand jury that there is no probable cause to decide that a crime has been committed. Deferred payment - Additional time to pay a fine. Demand for discovery - Demand by the defense attorney to the State for material information on a case. Demanding state - State seeking return of a fugitive. Transfer Any mode or means by which a debtor disposes of or parts with his/her property. Transcript A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition. Demurrer -Defense based on sufficiency of the charge. Deposition - Oral statement made under oath. Accomplice - Partner to a crime, or person who voluntarily and knowingly cooperates with another in a crime. Additur - Increase in the amount of damages awarded by a judge. Administrator - Person appointed to manage the assets and liabilities of a decedent. Decision - The judgment given or reached by a court of law. File To place a paper in the official custody of the clerk of court to enter into the files or records of a case. Fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value. Fresh start The characterization of a debtor's status after bankruptcy, i.e., free of most debts. Giving debtors a fresh start is one purpose of the Bankruptcy Code. Direct Evidence - Evidence given by witnesses who heard words spoken or saw acts done. Direct Examination - Initial questioning of a party's own witnesses. Return - Report to a judge on the implementation of an arrest or search warrant. Reverse - To set aside or revoking a lower court decision. Reversible error - Procedural error during the course of a trial or hearing harmful enough to justify reversing the judgment of a lower court. Revocable trust - Trust that the grantor may revoke or change. Revoke - Undo a legal document. Chambers - A judge's private office. Change of venue - Moving a lawsuit or criminal trial to another location for trial. Decree - An order of the court disposing of the litigation. De novo - New trial of a case. Affidavit - Written statement confirmed by oath of a party before a notary. In criminal cases affidavits may be used by police officers seeking a warrant to conduct a search. In civil cases, affidavits of witnesses are often used in support of motions for summary judgment. Answer - Defendant's response to allegations set forth in a complaint. Paragraph by paragraph, Item by item, answer to points raised in a complaint. Appellate Court - A court having jurisdiction to hear appeals and review a trial court's procedure. Bailiff - A court attendant who keeps order in the courtroom and has custody of the jury. Asylum State - A state holding a fugitive. At Issue - Time in a lawsuit when the complaining party has stated his or her claim and the other side has responded with a denial and the matter is ready to be tried. Assault - Threat to inflict injury with an apparent ability to do so. Challenge for Cause - Objection to the seating of a particular juror for a stated reason usually bias or prejudice for or against one of the parties in the lawsuit. The judge has the discretion to deny the challenge. This differs from peremptory challenge Burden of Proof - In the law of evidence, the necessity of affirmatively providing a fact or facts in dispute on an issue between the parties in a lawsuit. The responsibility of proving a point. Standard of proof means the degree to which the point must be proven. In a civil case the burden of proof rests with the plaintiff, who must establish his or her case by a preponderance of evidence or clear and convincing evidence. Attorney-in-fact - Private person not necessarily a lawyer authorized by another to act in his or her place, for some particular purpose, for examplwe to do a specified act, or to transact business in general, not just legal business. This authority is given by an instrument in writing, called a letter of attorney, or more commonly a power of attorney. Bankruptcy - Process through which those who can no longer pay their bills seek the assistance of the court in getting a fresh start. Debtors may be released from their debts, and may pay a portion of each debt. Bankruptcy judges supervise these proceedings, . The person filing is called the debtor and the people or companies to whom the debtor owes money are called creditors. Bar - Barrier separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. Usually, the term means the whole body of lawyers. Capias - Writ to the sheriff to arrest the named person nationwide . Bench Warrant - Warrant of arrest signed by a judge. Caveat - A warning or note of caution. . Chief Judge - Presiding judge in the court. Clear and Convincing Evidence - Standard of proof used in certain civil lawsuits cases. The standard of clear and convincing evidence is commonly quantified as seventy per cent certainty. Common Law - The legal system that originated in England and is now in use in the United States, based on judicial decisions rather than legislative action. Conservatorship - Legal right given to a person to manage the property and financial affairs of a person deemed incapable. Conservators have a lower responsibility than guardians. < Bill of particulars - Statement of the charge made against the defendant. Bind over - To hold a person for trial on bond, bail or in jail. Bond supersedeas - Appeal bond. Bond surety - Certificate posted by a bonding company to the sheriff for release of the defendant. Bond amounts - Cash or security to be posted for release on bail. Booking - The process of photographing, fingerprinting and recording identifying data of a suspect. This process follows the arrest. Contributory Negligence - Doctrine holding that if the plaintiff in a civil case was also negligent, he or she cannot recover damages from the defendant for the defendant's negligence. Most jurisdictions have abandoned the doctrine of contributory negligence in favor of comparative negligence. Counsel - Legal adviser; a term used to refer to lawyers in a case. Custody - Detaining of a person by lawful process or authority to assure his or her appearance to any hearing; the jailing or imprisonment of a person convicted of a crime. Entrapment - A defense to criminal charges alleging that agents of the government induced a person to commit a crime he or she otherwise would not have committed. Descent and Distribution Statutes - State laws governing distribution of estate property of a person who dies without a will. Guardian - Person appointed by law to assume responsibility for minor children or incompetent adults. Hearsay - Statements by a witness who has no personal knowledge. In Forma Pauperis - In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty, incident in question but heard about it from someone else. Inadmissible - That which, under the rules of evidence, cannot be admitted. Levy - A seizure. Mittimus - An order from a court directing the sheriff to convey a person to a prison., Diversion - Removal of some minor traffic, criminal, or juvenile cases from the full judicial process, on condition that the accused undergo a process of rehabilitation or make restitution for damages. Default Judgment - A judgment entered against a individual or company that fails to appear in court or respond to the civil complaint or petition. Public Defender - A court-appointed lawyer for those defendants declared indigent. Punitive Damages - Damages that are awarded over and above compensatory damages in order to punish the defendant for malicious, wanton, willful, reckless, oppressive, or fraudulent conduct. Punitive damages are imposed to compensate the P>Prima Facie - Presumably. A fact presumed to be truthful unless not proven by some quantum of evidence to the contrary. Evidence that will prevail until contradicted and overcome by other evidence. A prima facie case is one in which the plaintiff has presented sufficient evidence to require the defendant to go forward with his or her case. In other words, the plaintiff will prevail if the defendant does not rebut the plaintiff's case. Aggressive discrimination lawyersCross-Examination - The questioning of a witness produced by the other side. Escheat - The process by which a deceased person's property becomes property of the state if an heir can be found. Estoppel - A person's own actions precluding his or her later claims to the contrary. Family Allowance - Money set aside from the estate of the deceased to provide for the surviving family members during probate. Court - Government entity authorized to resolve legal disputes. Judges sometimes use court to refer to themselves in the third person, as in the court has read the brief. Cross-Claim - A claim by codefendants or co-plaintiffs against each other and not against persons on the opposite side of the lawsuit. Ex Post Facto - Laws permitting conviction for an action which was lawful at the time it was performed. File - Place a paper in the custody of the clerk of court to enter into the records of a case. Quash - To vacate or void a summons, subpoena, etc. Cumulative Sentences - Sentences for two or more crimes to run consecutively as opposed to concurrently. Custody - Detaining of a person by lawful authority or process to assure his her appearance at any hearing; the jailing or imprisonment of a person convicted of a crime. Discrimination may take several forms Sexual Harassment, in which the employee is subjected to unwanted sexual harassment by a supervisor or co-worker Age Discrimination, in which an older worker is passed over for a promotion or denied employment. Disability Discrimination, in which an employee with a disability is denied employment or promotions Racial Discrimination, in which an employee or potential employee is disriminated against Ethnic, religious, or national origin discrimination, in which an employee is injured because of his or her ethnic origin, religion, or national origin. Substantial abuse The characterization of a bankruptcy case filed by an individual whose debts are primarily consumer debts where the court finds that the granting of relief would be an abuse of chapter 7 because, for example, the debtor can pay its debts jack i hyatt, discrimination in Maryland, jack i. hyatt, No-Contest Clause - Language in a will providing that a person who makes a legal challenge to the will's validity will be disinherited. Garnishment - Seizure of a debtor's money in the possession of another. Damages - Money awarded by a court to a person injured by the unlawful negligence or act of another person. Decision - The judgment reached or given by a court of law, jack hyatt, attorney jack i. hyatt, No Contest Plea - See Nolo Contendere, jack i. hyatt, Maryland discrimination lawyer, jack i hyatt, Maryland discrimination attorney, Maryland employment lawyer, Maryland employment attorney, No-Fault Proceedings - A civil case in which parties may resolve their dispute without a formal finding of error or fault. Law - The enforceable rules that govern individual and group conduct in a society. The law establishes standards of conduct, the procedures governing standards of conduct, and the remedies available when the standards are not adhered to. Law Clerks - Persons trained in the law who assist judges in researching legal opinions, jack i hyatt, Motion to Suppress - A motion to prevent admission of evidence in a case. Inculpatory evidence Evidence indicating that a defendant did commit the crime. Arraignment A proceeding in which a criminal defendant is brought into court, told of the charges in an information or indictment and asked to plead guilty or not guilty. U.S. trustee An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties. Undersecured claim Is a debt that is secured by property that is worth less than the amount of the debt. Undue hardship The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: the debtor cannot maintain - based on current income and expenses - a minimal standard of living if forced to repay the loans; there are indications that the state of affairs is likely to persist for a significant portion of the repayment period, and the debtor made good faith efforts to repay the loans, jack i. hyatt, jack hyatt, jack i hyatt esquire, Voluntary transfer Kangaroo Court - Term descriptive of a sham legal proceeding in which a person's rights are totally disregarded and in which the result is a foregone conclusion because of the bias of the court or other tribunal. jack i. hyatt, Knowingly and Willfully - This phrase, in reference to violation of a statute, means consciously and intentionally. Negligence - Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances. Next Friend - One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability. Administrative Office of the United States Courts The federal agency responsible for Defamation - That which tends to injure a person's reputation. Libel is published defamation, whereas slander is spoken. Default - A failure to respond to a lawsuit within the specified time. Indictment The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial, it is used primarily for felonies. Docket sounding - The proceeding in which a judge determines trial dates or takes pleas. Defendant - The person being sued or charged with a crime. Maryland discrimination attorneysReferee - Person to whom the court refers a pending case to hear the parties, take testimony, and report back to the court. Murder - The unlawful killing of a human being with deliberate intent to kill, , . Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not. Insolvency - Lack of means to pay one's debts. Execute - To complete legal requirements such as signing a document in the presence of witnesses. Kangaroo court -- A sham legal proceeding. Intervention - An action by which a third person who may be affected by a lawsuit becomes a party to the suit. Knowingly and willfully - Intentionally and consciously, jack hyatt attorney,. Execute - To complete legal requirements such as signing a document in the presence of witnesses. Impeachment is the process of calling a witness testimony into question As in example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be It is also called the constitutional process whereby the House of Representatives may impeach accuse of misconduct high officers of the federal government, who are then tried by the Senate. In camera Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. ack hyatt, attorney jack i. hyatt, In private. . Substantive consolidation Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result. Summary judgment A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when - on the undisputed facts in the record - one party is entitled to judgment as a matter of law. employment discrimination laws Federal and Maryland law prohibits employment discrimination examples of employment discrimination include treating one employee differently from another because of race, ethnic origin, religion, or sexual orientation employment discrimination cases may be heard in Federal or State courts. In order to prove employment discrimination, you must be able to prove either that you were treated differently than another person with similar experience, education, and work history. employment discrimination attorneys can help you win your case disability discrimination attorneys handle cases of discrimination on the basis of disability racial discrimination attorneys handle cases of examples of employment discrimination based on race age discrimination attorneys handle cases of employment discrimination on the basis of age harassment attorneys handle claims of sexual harassment remedy for discrimination the remedy for discrimination may be monetary or injunctive; that is, the court can order a monetary payment, or it can order the defendant to do something or to refrain from doing something. age discrimination punitive damages if age discrimination is proved, the plaintiff can recover for lost real and potential wages as well as punivite damages. employment discrimination awards can be substantial. compensatory damages employment discrimination if employment discrimination is proved, the defendant must pay compensatory damages for lost wages. how to win a discrimination case a discrimination case is difficult and requires expert assistance. age discrimination remedies include lost wages, both actual and potential, as well as injunctive reliefa and punitive damages. Reasonable Belief - Probable cause. The facts and circumstances within an arresting officer's knowledge, and of which s he had reasonably trustworthy information, sufficient in themselves to justify a person of average caution in believing that a crime has been or is being committed. Facts sufficient to justify a warrantless arrest. Reasonable Doubt - Such a doubt as would cause a careful person to hesitate before acting in matters of importance to himself herself. Defendant - In a civil case, the person being sued. In a criminal case, the person charged with a crime. Deferred Sentence - A sentence that is postponed to a future time. After conviction, the judge does not announce or impose a sentence, but defers sentencing to a future date so that the defendant will complete certain conditions, such as attending driving school or completing a probationary period. If the person completes the requirements, the case will be dismissed and will not be part of the defendant's criminal record. Deficiency Judgment - Judgment for a creditor for an amount equal to the difference between the amount owed by the debtor and the amount collected from sale of the collateral. Demand for Discovery - Demand by the defense lawyer to the prosecutor to furnish material information on a case. www.marylandcriminallawyer.org To view in Spanish click on link: Spanish Jack I. Hyatt © 3013 The content in this website is for information purposes only, does not create an attorney client relationship and any decisions should only be made after retaining an attorney. |