Blumenthal, Kenneth Attorney

Blumenthal, Kenneth Attorney from O Fallon Missouri works as Appeals Lawyers, Attorneys, Criminal Defense Lawyers, Disability Lawyers, and Discrimination & Civil Rights Lawyers. Feel free to contact us at the following contact information.

797 West Terra Lane O Fallon Missouri, 63366
[Open in Maps]

(636)978-8833

(636)281-1504

www.lawyers.com/roryellinger

roryelling(at)aol.com

Last updated 2021-12-08

Specialties of Blumenthal, Kenneth Attorney:

Appeals Lawyers
Attorneys
Criminal Defense Lawyers
Disability Lawyers
Discrimination & Civil Rights Lawyers

Appeals Lawyers: A challenge to a previous legal determination. An appeal is directed towards a legal power higher than the power making the challenged determination. In most states and the federal system, trial court determinations can be appealed in appeals courts, and appeals court decisions can be appealed in a supreme court. The person pursuing an appeal is called an appellant, while the person defending the lower court’s ruling is the appellee. Appeals can be either discretionary or of right. An appeal of right is one that the higher court must hear, if the losing party demands it, while a discretionary appeal is one that the higher court may, but does not have to, consider. For example, in the federal system, there is an appeal of right from the District Court to the Court of Appeals, but appeals from the Court of Appeals to the Supreme Court are discretionary.

Attorneys: A lawyer is a person who practices law, as an advocate, barrister, attorney, counselor or solicitor or chartered legal executive. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services. The role of the lawyer varies greatly across legal jurisdictions, and so it can be treated here in only the most general terms.

Criminal Defense Lawyers: A criminal defense lawyer, is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case.

Disability Lawyers: Disability law is largely regulated by the Americans with Disabilities Act (ADA) of 1990. This Act prohibits discrimination against individuals with disabilities in employment, housing, education, and access to public services. The ADA defines a disability as any of the following: "a physical or mental impairment that substantially limits one or more of the major life activities of the individual.", "a record of such impairment." or "being regarded as having such an impairment." While alcoholism is included as a disability, other socially undesirable behavior is excluded from the Act. For example, sexual behavior disorders, compulsive gambling, and pyromania are all excluded. The ADA, however, does not list all impairments covered. The ADA further requires that reasonable accomodation be made so as to provide individuals with disabilities equal opportunities. Agenices and departments charged with enforcement of the ADA include the Equal Employment Opportunity Commission (EEOC) and the Department of Justice.

Discrimination & Civil Rights Lawyers: In order for discrimination to trigger the protection of federal law it must be directed against an individual on account of their skin color, race, gender, national origin, disability, age, sexual orientation, religion, or a limited number of other categories. Laws prohibiting discrimination based on race are strongest and have been on the books for the longest period of time. Other categories have been introduced more recently and may be expansive or restrictive depending on the category and context. A combination of legislation and Supreme Court interpretation of existing laws have led to an expansion of civil rights to include groups that were not previously protected. Transgender and homosexual victims were not, at one time, protected by anti-discrimination laws. In addition to extending protection to these individuals; legislative changes now also protect those perceived to belong to one of the enumerated groups by their persecutor. For example, if someone was denied a promotion at their job because they are believed to be homosexual they would now have an actionable claim of discrimination against their employer, even if they are actually heterosexual.

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