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Punitive Damages: What They Are and How They Work

Punitive damages are designed to punish a defendant and deter bad conduct. Unlike most compensatory damages for civil suits, the purpose of punitive damages is not to make the plaintiff whole, but to punish the defendant. Punitive damages are not awarded in every civil case and some states have strict rules and limitations on when punitive damages will be allowed. There may also be caps in place that limit punitive damage awards to no more than 2 or 3 times the amount of actual damages.

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Liability of Building Owner to Fix Building Code Violations in Commercial Leases

When it comes to whether implied warranty of habitability applies to commercial leases, this duty differs from state-to-state. In jurisdictions that do not extend the warranty to commercial settings, various reasons have been established. It has been successfully argued that housing codes do not apply to commercial leases and commercial tenants have more bargaining power than residential tenants do. Additionally, the expectations of commercial tenants differ greatly from those of residential tenants. Yet in other states, the warranty has been extended to include commercial leases.

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What is substantive law?

Substantive law is the aspect of law that defines and regulates the rights of individuals and legal entities. Substantive law is one of the two main categories within the law. Substantive law encompasses all areas of torts, contract law, real property, constitutional law, family law, wills and estates, etc.

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Criminal Attempt: Charges, Penalties, Defenses

Most criminal offenses punish completed criminal acts. For example, to be convicted of delivery of marijuana, a person must actually deliver a quantity of marijuana to another location or person, and thus complete all of the elements of the alleged crime. To further deter certain criminal acts, most states expand their criminal codes with “attempt” offenses. Someone charged with any criminal attempt offense should understand the nature of an attempt charge, potential defenses, and the sentencing ranges associated with the offense.

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What is fraud?

Fraud occurs when someone gains something of value, usually money or property, from a victim by knowingly making a misrepresentation of a matter of fact. Fraud commonly occurs in the buying or selling of property, particularly real estate and stocks, or in falsifying reports such as taxes and Medicare claims made to obtain benefits from the state or federal government.

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