Reasonable time refers to the amount of time that is fairly required to do whatever is required to be done, conveniently under the permitted circumstances. In contracts, reasonable time refers to the time needed to do what a contract requires to be done, based on subjective circumstances. If the parties entering the contract do not fix a time ...
Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys. Time for the defense. While both the prosecution and the defense are entitled to reasonable time to prepare, time shortages most often affect the latter. A lack of adequate time that renders an attorney ineffective in representing the client ...
Jul 15, 2019 · As another court held, “the time spent by the defense counsel . . . may well be the best measure of what amount of time is reasonable,” calling it a “logical yardstick.” ... it may be risky to oppose an opponent’s request for attorney fees on the grounds that the time spent by its attorneys was excessive or its attorneys’ hourly ...
Mar 03, 2018 · Florida’s noncompete statute, F.S. §542.335, governs the enforceability of noncompete agreements. The statute uses the word “reasonable,” or a derivation of it, 17 times. Reasonableness is the primary standard resorted to throughout the statute to determine whether a noncompete agreement is enforceable. This includes a core requirement in the statute that …
Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: review the evidence.
Perhaps the most important consideration for a judge is whether the party requesting the continuance has been diligent —in other words, whether the party put in sufficient effort. Parties must be active in reviewing evidence, interviewing witnesses, issuing subpoenas, and testing forensic evidence.
However, a continuance due to a change in a charging document is warranted only if the change (known as "variance") compromises the defendant's case.
the new evidence is reasonably related to evidence the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence. the defendant wasn't diligent in anticipating the evidence (for example, defense counsel failed to read forensic reports turned over by the prosecution ...
A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.
Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys. Time for the defense.
Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: 1 review the evidence 2 investigate the facts 3 consult with witnesses 4 negotiate a plea agreement (if one is possible), and, 5 in the case of the defense, hold lawyer-client meetings.
A party’s litigation expenditures reflect only the value that party has assigned to litigating the matter, which may be influenced by myriad party-specific interests. Absent a fee-shifting claim, a party’s attorney-fee expenditures need not be reasonable or necessary for the particular case. Barring unusual circumstances, allowing discovery ...
The majority of courts hold that discovery of an objecting party’s attorney fees is permissible under these circumstances. As one court held, “the defendant’s fees may provide the best available comparable standard to measure the reasonableness of plaintiffs’ expenditures in litigating the issues of the case.”.
On the other end of the spectrum is Florida, which is considered to have the most pro-employer noncompete statute in the country. 24 Despite well-known and accepted diversity in state noncompete laws, the criticism of Florida ’s noncompete statute seems lately to be more intense and at higher levels. • Criticism by New York’s Highest Court — The New ...
The buyer will request a noncompete agreement from the seller so that the seller does not immediately after the sale of the business start a competing business or poach the customers of the business the seller just sold.
However, the Florida Supreme Court seems equally determined to follow the intent and plain language of the statute while also emphasizing the statute’s reasonableness standard and that trial courts have wide latitude to consider the specific facts of the case.
In the absence of an express or fixed time established by the parties to an agreement or contract (especially one that falls under the purview of the Uniform Commercial Code [UCC]), any time which is not manifestly unreasonable under the circumstances. For example, if a contract does not fix a specific time for performance, the law will infer (and impose) a reasonable time for such performance. This is defined as that amount of time which is fairly necessary, conveniently, to do what the contract requires to be done, as soon as circumstances permit. The term "reasonable time" has other (related) applications: UCC 2-206 (2) requires that acceptance of an offer be made within a "reasonable time" if no time is specified.
The reasonableness or unreasonableness of time used or taken by a party may be the subject of Judicial Review in light of the nature, purpose, and circumstances of each case.
For better or worse, it depends. The timing requirements for state probation and parole revocation hearing do not apply to county probation and/or parole revocation hearings in the court of common pleas. Rather, Rule 708 requires that the hearing be held as early as speedily as possible.
In evaluating the reasonableness of a delay, the court must consider the length of the delay, the reasons for the delay, and the prejudice to the defendant, and when the reasons for the delay are not stated, the absence of the explanation weighs in the defendant's favor.
The due process rights of a parolee who is incarcerated in another jurisdiction for a crime committed while on Pennsylvania parole are not violated by the postponement of the parole revocation hearing until after the parolee has completed the sentence on the conviction constituting the violation.
Probation or parole may be revoked after the expiration of a probationary period or of the maximum sentence. Although prejudice follows from the mere fact of the expiration, this prejudice serves to render the delay unreasonable only when it is combined with other facts, such as the lack of diligence by county officials.
A court may order the revocation of a probation order and impose a sentence of imprisonment upon a convicted violator even if the violator had not yet begun to serve his probation at the time he committed the new offense.
"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being.
In cases involving joint custody, the court will typically apply a four-step analysis to determine the amount of child support. The first step is to calculate the total amount of child support required by reviewing the Guidelines. Next, the court will determine each parent’s share under the Guidelines. Each parent’s share is determined by dividing their monthly income with the combined monthly of both parents. Next, the court will determine the amount of time each parent has custody of the child as a percentage. For instance, if the parents have 50/50 custody, their responsibility will be 50%.
Regardless, the period for retroactive child support in Florida cannot exceed 24 months.
The main factors determining the amount of support to be paid are the combined monthly incomes of both parents and the number of children they share. The number of overnight stays each parent has with the children will also impact the amount of child support required.
Therefore, a Florida attorney can help with child support when parents live in different states. For instance, if a Florida family law court issues a child support order, and the father subsequently moves to Georgia, the UIFSA will assist in enforcing the order in Georgia.
In most instances, the court will strictly enforce the Florida Child Support Guidelines. However, in some circumstances, the judge can deviate from the Guidelines. A family law attorney in Tampa can help provide examples of when a judge may alter from the Guidelines.
Either civil or criminal contempt can enforce failure to comply with a court order of support. However, civil contempt is used much more frequently than criminal contempt. To convict a person of criminal contempt, the evidence must prove the defendant can pay, and the failure to pay is willful and intentional. See Bowen v. Bowen. Further, since it is a criminal action, the prosecution must comply with Rule 3.840 of the Florida Rules of Criminal Procedure.
3. Receiving Your Spouse's Answer to the Divorce Complaint. The served spouse has to answer within a certain time (usually about three weeks). The answer says whether or not the served spouse agrees with the petition/complaint.
If the judge approves the agreement, he or she gives the couple a divorce decree that shows what they agreed to. If he or she does not approve it, or if the couple does not reach an agreement, the case will go to trial.
To start off the divorce, one of the spouses gets a lawyer, who writes up a petition (also known as a complaint), which is a legal document that says why the spouse wants a divorce and how he or she wants to settle finances, custody, and other issues. 2.
The following chronology gives a general idea of how an average divorce will proceed, although your divorce may not follow the exact timeline below because of specific issues between you and your spouse or because of specific laws in your state.
At trial, attorneys present evidence and arguments for each side, and the judge decides the unresolved issues, including child custody and visitation, child and spousal support, and property division. Once the judge has reached his or her decision, the judge grants the divorce.
A knowledgeable divorce attorney can safely guide you through the divorce timeline of events and protect your financial security, often spotting issues before they become real problems. From initial coaching on what documents to bring to your first consultation, all the way through guidance on hearings, trials, and court orders, a divorce attorney will fight for your best interests.
When people decide to get a divorce, they usually don't know what to expect. After all, divorce is a complicated legal process, and it can be full of unpleasant surprises and frustrating delays. It's always helpful to review a legal divorce timeline to give you a general understanding of what's likely to happen so you can help you feel more comfortable at an uncomfortable time.
If the judge decides all or part of the case against you, you can then appeal the case to a higher court. When you have appealed as far as possible, you can consider appealing to the U.S. Supreme Court. Thank you for subscribing!
Every year, the Supreme Court receives about 10,000 petitions for certiorari, but only hears about 80 of them. While no one really knows why some cases get heard but others do not, the Supreme Court has several factors that it considers when deciding what cases to hear:
The Court hears Cases when Lower Courts Disregard past Supreme Court decisions: If a lower court blatantly disregards a past Supreme Court decision, the court may hear the case to correct the lower court, or alternatively, simply overrule the case without comment.
The Court will Hear Cases to Resolve a Conflict of Law: The U.S. judicial system consists of 13 federal circuits and 50 state supreme courts. When a number of these courts reach different conclusions about an issue of federal or constitutional law, the Supreme Court may step in and decide the law so that all areas of the country can then operate ...
United States Supreme Court decisions have shaped history: important decisions have ended racial segregation, enforced child labor laws, kept firearms away from schools, and given the federal government the teeth it needs to regulate interstate commerce.
A case that involves only an issue of state law or parties within a state will likely stay within the state court system where that state's supreme court would be the last step. Assuming the case is capable of being heard by the U.S. Supreme Court, the first step, most of the time, is to file a lawsuit in your local state or federal court.
It is important to note up front that not just any case can be heard by the U.S. Supreme Court. A case must involve an issue of federal law or otherwise fall within the jurisdiction of federal courts. A case that involves only an issue of state law or parties within a state will likely stay within the state court system where ...