Category: Miscellaneous

William J. Tucker Law > Blog > Miscellaneous

Defamation

          Defamation is basically a statement that is untrue, which harms another person. Defamation comes in two forms — libel and slander.  Libel. A libel is a defamatory statement that is said to be in permanent form, such as a writing, something typed up, set forth in an email or fax, or a newspaper article, […]

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law offices

Fraudulent Transactions

There are four types of fraudulent transactions, sometimes referred to as fraudulent conveyances or fraudulent transfers. Transfers Made with the Intent to Defraud Creditors. The first type of fraudulent transfer is one made with the actual intent to defraud creditors.  The creditors for whose protection these types of fraudulent transfers apply are not limited to […]

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law library

Statutes of Limitation and the “Delayed Discovery” Rule

Statutes of limitation require that claims be brought within a specified period of time, and if they are not brought within that specified period of time, they are forever barred. Statutes of limitation for some tort claims can be as short as one year; claims for breach of contract can be as long as four […]

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Tolling Statutes of Limitation

All causes of action, whether based in tort or contract, must be brought within a certain period of time after “accrual” of the cause of action. The limitations periods are set forth in statutes and typically vary from one year to ten years, depending on the cause of action involved. In some instances, the running […]

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law offices

The Equitable Action of Accounting

An action for an accounting is an equitable cause of action. As discussed below, for statute of limitations purposes, the cause of action for an accounting must sometimes be distinguished from the remedy of an accounting.  When, for instance, the gravamen of a Complaint is based on some other cause of action, such as conversion […]

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business law

Trade Libel

A “libel” is a false statement. Thus, libel, in the sense of defamation (referred to below as “ordinary libel”), and trade libel are similar in that they are causes of action available to plaintiffs about whom, or about whose trade or goods, false statements are made. However, “libel” in the sense of defamation is a […]

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Exceptions to the Hearsay Rule

Hearsay is defined as an out-of-court statement introduced to prove the truth of its contents. The important phrase to remember in this definition is the phrase “introduced to prove the truth of its contents,” because an out-of-court statement introduced for a reason other than to prove the truth of its contents is not hearsay.  As […]

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freedom of speech

Freedom of Speech And Freedom of the Press Versus the Right of Privacy

In the mid–2000s, Hulk Hogan, whose true name is Terry G. Bollea, had a sexual encounter with Heather Cole, the wife of Hulk Hogan’s friend, Todd Clem, a radio shock jock who had legally changed his name to Bubba the Love Sponge Clem. Todd Clem, who had previously encouraged Hulk Hogan to have sex with […]

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