Posts written by buteralaw
“Incompetent, Irrelevant and Immaterial”
In the courtroom, especially in the case of a jury trial, information which is presented to the court is subject to various limitations and controls. For example, in the case involving whether a driver ran through a stop sign in Pennsylvania without stopping it might… Continue reading
Small Claims Court
Pennsylvania’s small claims court system is a system of uniform statewide Magisterial District Justice courts. Each of the more than 500 Magisterial District Justices has exclusive jurisdiction over his or her specific geographic area. Civil claims can be brought in the district where the defendant… Continue reading
What is RAMP Training and is it Necessary?
Opening a new restaurant or bar is usually a harried experience. Hiring new employees, dealing with contractors and health inspectors, marketing the business, and buying food and alcohol all provide more stress than the normal operation of running the business. Often a new liquor licensee… Continue reading
Security for Seller “Take Back” Financing
One way to increase the chances of selling your business for the right price is to provide financing of at least a portion of the purchase price paid by your purchaser. Suppose, for example, you are selling a restaurant business, including real estate, restaurant assets… Continue reading
Landlord’s Right of Entry – Plan Ahead for Problems and Opportunities
In landlord/tenant law, the general rule is that until the termination of the lease, the tenant has exclusive control and possession of the premises. Thus, the landlord has no right to enter the property during the term of the lease. To deal with this rule,… Continue reading
Latin Lovers
Some things are wrong because they are always wrong; other things are wrong only because the law says so. Acts that are malum in se (literally “wrong in itself”) are so inherently bad that all would agree that they should be punished. Murder and robbery… Continue reading
Saying Goodbye to the Capital Stock Tax – Again
One of the staple planning tools for real estate investors in Pennsylvania is the use of a limited partnership to own real estate. To retain the limited liability benefits that investors sought, these partnerships often featured a general partner that was a corporation or a… Continue reading
Quantum Meruit Claims: A Primer
One of the Hollywood moguls of the ’30’s coined the wonderful phrase: “An oral contract isn’t worth the paper it’s written on.” And that’s advice to be heeded. A well-drafted agreement (on paper, of course!) can cause parties to avoid litigation in transactions that fail… Continue reading
Queen’s English – Superlative Adjectives
There are certain adjectives which express an ultimate thought and should not be modified further; they are the superlative or uncomparable adjectives. They describe an absolute state so that any effort to add (or subtract) from their meanings results in either a contradiction or a… Continue reading
IRS Offers In Compromise
The Internal Revenue Service (“IRS”) has a little known program which provides for the settlement of tax debts for less than the full amount owed. Eligible taxpayers with significant tax debt that they cannot pay can make what is known as an “Offer in Compromise”… Continue reading