Baileyton Landlord-Tenant Lawyer, Alabama
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Larry O. Daniel
Landlord-Tenant, Real Estate, Corporate, Banking & Finance
Status: In Good Standing Licensed: 27 Years
905 Bob Wallace Ave SW, Huntsville, AL 35801
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Justin G. South
Landlord-Tenant, Litigation, Corporate, Banking & Finance
Status: In Good Standing Licensed: 20 Years
905 Bob Wallace Ave SW, Huntsville, AL 35801
Profile LAWPOINTS™40/100
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LEGAL TERMS
EVIDENCE
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony... (more...)
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony of witnesses, documents, photographs, items of damaged property, government records, videos and laboratory reports. Rules that are as strict as they are quirky and technical govern what types of evidence can be properly admitted as part of a trial. For example, the hearsay rule purports to prevent secondhand testimony of the 'he said, she said' variety, but the existence of dozens of exceptions often means that hairsplitting lawyers can find a way to introduce such testimony into evidence. See also admissible evidence, inadmissible evidence.
ASYLUM
A legal status granted to an individual who is in the United States and fears political persecution if he or she is forced to return to their home country.
STATUTE OF LIMITATIONS
The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For... (more...)
The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For example, many states require that a personal injury lawsuit be filed within one year from the date of injury -- or in some instances, from the date when it should reasonably have been discovered -- but some allow two years. Similarly, claims based on a written contract must be filed in court within four years from the date the contract was broken in some states and five years in others. Statute of limitations rules apply to cases filed in all courts, including federal court.
YELLOW-DOG CONTRACT
An employment contract in which the employer forbids the employee to join a labor union. Yellow-dog contracts are not legally enforceable.
WORK MADE FOR HIRE
A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright own... (more...)
A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright owner of a work is the person who pays for it, not the person who creates it. The premise of this principle is that a business that authorizes and pays for a work owns the rights to the work. There are two distinct ways that a work will be classified as 'made for hire.'the work is created by an employee within the scope of employment; or the work is commissioned, is the subject of a written agreement, and falls within a special group of categories (a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an atlas, an instructional text, a test, or as answer material for a test). The work made for hire status of a work affects the length of copyright protection and termination rights.
INDISPENSABLE PARTY
A person or entity (such as a corporation) that must be included in a lawsuit in order for the court to render a final judgment that will be just to everyone co... (more...)
A person or entity (such as a corporation) that must be included in a lawsuit in order for the court to render a final judgment that will be just to everyone concerned. For example, if a person sues his neighbors to force them to prune a tree that poses a danger to his house, he must name all owners of the neighboring property in the suit.
CO-TENANTS
Two or more tenants who rent the same property under the same lease or rental agreement. Each co-tenant is 100% responsible for carrying out the rental agreemen... (more...)
Two or more tenants who rent the same property under the same lease or rental agreement. Each co-tenant is 100% responsible for carrying out the rental agreement, which includes paying the entire rent if the other tenant skips town and paying for damage caused by the other tenant.
INTANGIBLE PROPERTY
Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items... (more...)
Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items may be represented by a certificate or license that fixes or approximates the value, but others (such as the goodwill or reputation of a business) are not easily valued or embodied in any instrument. Compare tangible property.
EXECUTRIX
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or femal... (more...)
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or female, this person is called either the executor or the personal representative.
SAMPLE LEGAL CASES
Shoney's LLC v. Mac East, LLC
... stated: "`Where the lease merely contains a provision—without more—granting
a person, normally a landlord, the power to withhold consent, regardless of whether
explicitly qualified to reasonable exercises of that power ... ...
Gibson v. Merrifield
... A landlord has no duty to' inspect for latent defects, ie, defects that are hidden
or concealed, or which can not be discovered by a reasonable inspection. "` . .
A]lthough a landlord is under no duty to inspect for and repair ...
EX PARTE AIG BAKER ORANGE BEACH WHARF
... The lease agreement contained a provision entitled "mutual waiver of jury trial," which provided,
in pertinent part: "Tenant and Landlord hereby waive any right to a trial by jury on any claim,
counterclaim, setoff, demand, action or cause of action brought by either of the parties ...
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