North Carolina law defines the word "business" in "business pursuit" as "an individual's paramount means of earning a livelihood." North Carolina Farm Bureau Mut. Ins. Co. v Briley, 491 S.E.2d 656, 659 (N.C. App. 1997). CMLP has identified no...
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Ohio law defines a business pursuit as work "engaged in regularly" which "produce[s] an income." Watkins v. Brown, 646 N.E.2d 485, 488 (Ohio App. 1994). CMLP has identified no Ohio cases interpreting this test in the context of online publishing out of...
DMLP Staff - 02/13/2008 - 3:22pm - 0 comments -
Pennsylvania law defines a "business pursuit" as including two elements: (1) continuity; and (2) a profit motive. Old Guard Mut. Ins. Co. v. Quigley, 1990 WL 255912, at *3 (Pa. Ct. Comm. Pl. Jan. 31, 1990). CMLP has identified no Pennsylvania cases interpreting...
DMLP Staff - 02/13/2008 - 3:25pm - 0 comments -
Texas law defines a "business pursuit" as incorporating two elements: "(1) continuity or regularity of the activity, and (2) a profit motive, usually as a means of livelihood, gainful employment, earning a living, procuring subsistence or financial gain, a...
DMLP Staff - 02/13/2008 - 3:28pm - 0 comments -
Virginia law defines a "business pursuit" as follows: To constitute a business pursuit, there must be two elements: first, continuity, and, secondly, the profit motive; as to the first, there must be a customary engagement or a stated occupation; and, as to the...
DMLP Staff - 02/13/2008 - 3:30pm - 0 comments -
Washington law defines a "business pursuit" as an activity that is (1) conducted on a regular and continuous basis; and (2) profit-motivated. Stuart v. Am. States Ins. Co., 953 P.2d 462, 465 (Wa. 1998). CMLP has identified no Washington cases interpreting this...
DMLP Staff - 02/13/2008 - 3:32pm - 0 comments -
This section provides an overview of the laws that govern your right to access different types of public and private property. While the First Amendment protects your right to engage in speech, it does not grant you unfettered access to the property of others. You should...
DMLP Staff - 02/29/2008 - 11:30pm - 0 comments -
If you physically enter a private area, photograph or take video of people engaged in private activities in places where they reasonably expect to be private, or in some other other way intrude into a person's privacy (by, for example, opening the person's mail), you could...
DMLP Staff - 02/29/2008 - 11:35pm - 0 comments -
Using a recording device, such as a microphone, video recorder, or camera, is often a helpful way to capture and preserve information about conversations, interviews, and phone calls in which you participate. It is also a good way to document what takes place in a court...
DMLP Staff - 02/29/2008 - 11:37pm - 0 comments -
Sometimes, you may want to acquire documents or other tangible property in order to develop a story or confirm the accuracy of facts learned from a source. This could include anything from a photograph to a computer hard drive to internal documents belonging to a company or...
DMLP Staff - 02/29/2008 - 11:38pm - 0 comments -
