Blog

California Desert Trial Academy College Of Law

Important California Laws To Know – Child Abuse, Neglect, And Endangerment

Important California Laws To Know – Child Abuse, Neglect, And Endangerment

The following are some important California laws related to the abuse, neglect, and endangerment of children. Penal Code § 270 Child neglect This statute addresses the abandonment and neglect of children by stating the following: If a parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care for his or her child, he or she is guilty of a misdemeanor…” Proof of abandonment or desertion of a child by such parent, or the omission by such parent to furnish necessary food, clothing, shelter, or medical attendance or other remedial care for...

Continue reading

The Coronavirus And The Force (Majeure)

The Coronavirus And The Force (Majeure)

Most contracts may not be the most interesting piece of “literature” that lawyers and law students may read in their leisure time. One clause commonly found in almost every contract, and perhaps more interesting than most other provisions of a contract, is a force majeure clause. Many legal scholars and attorneys anticipated that the coronavirus would be a circumstance that would result in the interpretation of force majeure clauses affecting the global economy. A force majeure (“superior force”) or “Act of God” clause in a contract relates to performance and whether such performance is suspended by causes outside the control of...

Continue reading

Important California Laws To Know – Cyber-Harassment

Important California Laws To Know – Cyber-Harassment

Our series of blogs on important California laws to know continues with a look at some criminal offenses rife with the advent of the digital age. These laws are related to the wrongful use of electronic communication devices, such as computers, tablets, and smartphones. Penal Code § 647(j)(4) Cyber harassment  or “revenge porn” As the internet provided more ways for people to interact at many various levels, the California legislature enacted this code section in 2013 to address a growing problem: the intentional distribution of images that most people would consider intimate. Anyone found guilty of a criminal offense under California Penal...

Continue reading

Important California Laws To Know – Elder Abuse And Neglect

Important California Laws To Know – Elder Abuse And Neglect

The California legislature recognizes that elders and dependent adults are more subject to abuse, neglect, or abandonment than other adults and that the state has a responsibility to protect these persons. Welfare and Institutions Code § 15600 et seq - The Elder Abuse Act Abuse of an elder or dependent adult means physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. It may also consist of the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. And finally, it may include financial abuse...

Continue reading

20 Things A Lawyer’s Website Should Contain

20 Things A Lawyer’s Website Should Contain

The standards for website accessibility are still evolving. While there is currently no legal definition of an ADA-compliant law firm website, attorneys should still voluntarily accommodate people with disabilities on their firm website because it is simply the right thing to do. It’s also good for business. Here are the top 20 (plus one) things that all lawyers should consider to ensure that their law firm’s website is accessible: Identify the language on each page in the code of the website.  The text on the page can be resized to 200% without losing the ability to consume the content and function in...

Continue reading

Unwinding After The Bar Exam

Unwinding After The Bar Exam

Many recent California law school graduates in men and many not so recent law school graduates took the California bar exam in October period. Of course, the coronavirus pandemic created stressful conditions and circumstances for all those involved. The test was originally scheduled, as it usually is, for July but was postponed until October because of the COVID-19 quarantine. Now that the exam is over, exam takers are more than ready to unwind having survived taking the exam under, especially unusual and unexpected circumstances. Typically, law students graduate in late spring or early summer and prepare for the bar exam in...

Continue reading

Last-Minute Information On The Online November Baby Bar

Last-Minute Information On The Online November Baby Bar

The State Bar California continues to conduct the California Bar Examination and the First-Year Law Students Examination (the “Baby Bar”) under special circumstances caused by the coronavirus pandemic. The Baby Bar will next be offered to examinees on November 17, 2020. The test will be offered remotely Applicants required to pass the First-Year Law Students’ Exam will not receive credit for any law study until the applicant passes the exam. Passage of this test must be achieved within the first three consecutive administrations after the applicant becomes eligible to take the exam. If the applicant passes subsequent to this occurring, credit will...

Continue reading

Important California Laws To Know – Stalking

Important California Laws To Know – Stalking

In the latter half of the 20th Century, most, if not all, states, including California, criminalized conduct where an individual engages in a continuous, incessant pattern of conduct such as following, badgering, and annoying another person or sending them unsought and unwanted messages. More commonly referred to as “stalking,” this conduct has become much more common in California. Penal Code § 646.9 Stalking Stalking may be charged as a criminal offense when someone willfully, maliciously, or repeatedly follows another person, or when someone willfully and maliciously harasses another person and makes a credible threat placing that person in reasonable fear of his...

Continue reading

Important California Laws To Know – Domestic Battery And Corporal Injury To A Spouse

Important California Laws To Know – Domestic Battery And Corporal Injury To A Spouse

The following are some important laws related to abuse, neglect, and violence against intimate partners, cohabitants, and family members. The California Legislature has declared that these specified crimes merit special consideration when imposing a sentence to show society’s condemnation for these crimes of violence upon victims with whom a close relationship has been formed. Penal Code § 243(e)(1) Domestic battery In Penal Code § 242, California defines a battery as “. . . any willful and unlawful use of force or violence upon the person of another.” Section 243 makes a battery against a spouse, a person with whom the defendant is...

Continue reading

Important California Laws To Know – Abuse and Domestic Violence

Important California Laws To Know – Abuse and Domestic Violence

This week will feature a look at important California laws related and applicable to acts, conduct, and events that present an ever-growing problem for society. Some laws are especially relevant in 2020 when digital technology and social media have become entrenched in everyday life. In preparing for a career as a lawyer, law students may consider a career in family law. Family law involves issues related to children such as child support, child custody, and visitation. These issues are usually related to divorce and separation. Another aspect of dealing with families and people in intimate relationships is the body of law...

Continue reading