Posts written by buteralaw

Objection! Calls for a “Conclusion”

If you want to learn a bit about courtroom procedure, look no further than “Perry Mason.” In a jury trial, fact witnesses can be asked what they saw, heard, did, and numerous other “facts” — but they cannot be asked to offer a conclusion on… Continue reading

The Bill of Rights

The “Bill of Rights” is made up of the first ten amendments to the U. S. Constitution. They are clear, concise and to the point. They are also critical to the endurance of our constitutional democracy. They are worth reading, perhaps now more than ever.… Continue reading

Wet vs. Dry Municipalities

Dry municipalities are those that do not allow the sale of wine, spirits and/or malt and brewed beverages within their borders.  Dry municipalities have existed in Pennsylvania dating back to before Prohibition.  At the end of Prohibition in 1933, state law made alcohol sales a… Continue reading

Strict Liability

In the law of torts, it is usually necessary to show that a person is negligent or otherwise at fault before that person can be found legally responsible for damages. If you slip on a banana peel and suffer injury, you must prove that the… Continue reading

Pennsylvania’s Economic Development Licenses

Most Pennsylvania liquor licenses are distributed on a county-by-county basis based upon a ratio of one license per 3,000 inhabitants in the county. Once the limit is reached, liquor license acquisition depends on supply and demand. However, in 2002 the Pennsylvania General Assembly passed legislation… Continue reading

Landlords, Dog Bites and Personal Injury Liability

Yes, a landlord can be liable when a tenant’s dog (or other pet) attacks or bites someone.  Each day about 1,000 U.S. citizens require emergency care for serious dog bite injuries.  As a result, there are a growing number of lawsuits stemming from dog incidents… Continue reading

What is Allocatur?

In simple terms, allocatur is a petition to an appellate court for permission to be allowed to file an appeal. An allocatur petition is generally filed where an automatic right to appeal does not exist. In Pennsylvania, a litigant has an absolute right to appeal… Continue reading

Latin Lovers – Sine Qua Non

Some things are important and some things are absolutely necessary. You can go for many days without food, but without water, your days are really numbered. Water is the sine qua non of human life. Sine qua non means literally “without which is nothing”. It… Continue reading

Acquiring Equipment – The Options

How to furnish your business with the necessary equipment can be a difficult decision. From a legal and financial perspective, the basic question is how to acquire the equipment. There are three basic options – buying it, leasing it, or leasing it under a so-called… Continue reading

Entity Choice for Holding Real Estate in Pennsylvania

Everyone agrees that the average landlord or real estate developer is well-advised to hold real estate in a legal entity. The benefits of limited liability are too obvious to discuss. However, the question of what limited liability entity to hold the entity in is a… Continue reading