
Law 101: Understanding Personal Jurisdiction
Introduction In the intricate world of civil litigation, personal jurisdiction is a critical foundation upon which legal disputes are built and resolved. Personal jurisdiction determines whether a court has the authority to exercise power over a particular person and adjudicate a case involving that person. Defining Personal Jurisdiction Personal jurisdiction refers to a...
Standing up to the Government with Administrative Law: Licensing, Regulation, and Restrictions
Federal, state, and local governments regulate or restrict the activities of businesses and individuals in many ways. Often, it is government agencies — and not elected officials — who develop and impose the regulations, restrictions, and licensing requirements faced by businesses and individuals every day. Complying with these various regulatory requirements can be...
Navigating Construction Defects in Arizona: Protecting Your Rights and Investment
Construction projects are complex undertakings that involve multiple parties and intricate processes. Unfortunately, construction defects can occur, leading to costly repairs, property damage, and potential safety hazards. Arizona law provides important protections for property owners who have experienced construction defects, and offers avenues for seeking compensation and...
SCOTUS to Consider Legality of Agencies Imposing Fines
In a new major case, the U.S. Supreme Court now is considering whether it is unconstitutional for administrative agencies to impose fines or other civil penalties. Under current law both in Arizona and at the federal level, persons challenging an administrative agency’s imposition of a fine or other civil penalty must have their cases heard by an administrative law judge, and not by a...
Understanding Property Law: Exploring the Concept of Partition
In property law, the term “partition” refers to a legal process that allows co-owners of real estate to divide their jointly owned property into distinct portions or to sell it off and distribute the proceeds among themselves. Partition plays a crucial role in resolving disputes between and among co-owners who wish to dissolve their co-ownership and go their separate ways. What is...
Law 101: Marbury v. Madison
In the annals of American legal history, few cases have had such a profound impact on the balance of power among the branches of government as Marbury v. Madison, 5 U.S. 137 (1803). This landmark Supreme Court case decided in 1803, laid the foundation for the principle of judicial review, forever shaping the course of American jurisprudence. For more information on how MUNGER DENKER...
Etcitty v. State of Arizona (2009): Exploring Negligence and Government Liability
Introduction Negligence is a crucial concept in civil law, and when it involves government entities, the principles and standards can be particularly difficult to navigate. Etcitty v. State of Arizona, 208 Ariz. 500 (2009), a notable case decided by the Arizona Supreme Court in 2009, delves into negligence in the context of government liability. For more information on how MUNGER...
In re Estate of Crouse: A Case of Testamentary Capacity, Testamentary Freedom, and Undue Influence
Introduction In the legal world, cases involving estates and wills can be complex and emotionally charged. In 2010, the Arizona Supreme Court dealt with a particularly intriguing case that brought the legal concepts of “testamentary capacity” and “undue influence” into focus. The case, In re Estate of Crouse, sheds light on the importance of ensuring that a person’s last...
Understanding Trademarks: What They Are and How to Obtain One
Introduction Trademarks play a crucial role in protecting the identity and reputation of businesses and individuals. Whether you’re a budding entrepreneur or an established company, understanding what a trademark is and how to obtain one is essential. For more information on how MUNGER DENKER RUIZ BARBOUR, can help you please contact us below. What is a Trademark? A trademark...