Mark Palumbo explains that criminal cases often end with a plea bargain. A plea bargain is a negotiation with your attorney and the State’s Attorneys Office to determine what is an appropriate charge that the defendant will plead guilty to.
This week, Karen Wagner helps to explain one of the key ways that military separation or divorce is different from a civilian divorce. There are many differences in military divorce to understand but the 20/20/20 rule is very important.
This week, Denise Bowman explains how to ensure your interview questions don’t result in a claim against your company.
It is important to carefully consider all of your interview questions when looking for a new employee. The best-intended questions can get you in trouble if you are not aware of the state, local and federal laws that regulate the questions prospective employers can ask. Read more
This week, David Weigel explains what it means when there is a breach of contract.
A breach of contract is when one party to the contract fails to comply with the terms of the contract. This means a party has failed to do something they were obligated to do, or they are doing something they had undertaken not to do.
Once it has been established that a breach of contract has occurred, the next step is to access if any damages are due to the non-breaching party. The damages to the non-breaching party are typically calculated on the basis of the benefit of the bargain. This is done by putting the non-breaching party back in the position they would have been in had the breach never occurred.
There are a number of other terms that could be included in the contract that can also impact damages. For example, there could be a liquidated damages clause in the contract that sets a fixed penalty amount that the non-breaching party will receive.
Other examples include awards of attorney fees if there is litigation in the case of a breach, injunctive relief clauses in employment and non-compete clauses, or specific performance in Real Property cases. Punitive damages are typically not awarded in contracts cases.
In conclusion, evaluating a breach of contract claim requires a full understanding of the contract in question and all of the provisions that can impact potential damages.
At Davis, Upton & Palumbo LLC, our attorneys represent clients in court proceedings, in contract negotiation and drafting. We strive to make sure all of your contract needs are handled properly. If you want to learn more about our Business/Cooperate Law services, click here or contact us today.
These videos are provided to you by Davis, Upton & Palumbo, LLC. They are for general information only and are not intended to address your specific legal situation or offer legal advice. Viewing these videos does not create an attorney/client relationship. If you would like more information on a specific topic feel free to contact us at (410) 535-1780.
This week, Mark J. Palumbo explains Underinsured and Uninsured Coverage. When reviewing your auto insurance policy, it is important to understand that your coverage can vary based on your policy. Uninsured coverage protects you from drivers that have no insurance. On the other hand, Underinsured coverage helps protect you if you are hit by another driver that does not have enough insurance to cover your damages.
We here at Davis, Upton & Palumbo LLC, strive to obtain the compensation to which you are entitled. If you need assistance, advice on your coverage, or just want to learn more about our services on Motor Vehicle Accidents,
click here or contact us today! Read more
During criminal cases, often times a judge will impose a suspended sentence. A suspended sentence is an opportunity for a judge to impose a sentence but not make the person serve that full amount of time.
A common example of a suspended sentence is when someone is charged with a DWI. If the max penalty for a DWI is one year, the judge can impose a one year sentence but suspend all but 30 days. This means the person will only have to serve 30 days out of the one year sentence.
However, the court will put that person on probation for a period of time. If the terms of the probation are violated then they will go back and serve the remaining 11 months of the sentence. Mark Palumbo always recommends complying with the terms of probation or you will risk going back and serving the remainder of the suspended sentence.
At Davis, Upton & Palumbo LLC, our criminal defense attorneys have many years of experience defending clients in criminal and traffic cases. We spend the time needed to make sure you understand the legal process and the penalties you face if convicted. We will advise you about the options available to you. To learn more about our practice areas
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