Linden Construction Lawyer, Alabama
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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Linden, AL 36748
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Sebie G. Sellers
Real Estate, Workers' Compensation, Criminal, Personal Injury
Status: In Good Standing Licensed: 37 Years
Demopolis, AL 36732
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LEGAL TERMS
PATENT CLAIM
A statement included in a patent application that describes the structure of an invention in precise and exact terms, using a long established formal style and ... (more...)
A statement included in a patent application that describes the structure of an invention in precise and exact terms, using a long established formal style and precise terminology. Patent claims serve as a way for the U.S. Patent and Trademark Office (PTO) to determine whether an invention is patentable, and as a way for a court to determine whether a patent has been infringed. In concept, a patent claim marks the boundaries of the patent in the same way as the legal description in a deed specifies the boundaries of the property.
VIEW ORDINANCE
A law adopted by some cities or towns with desirable vistas -- such as those in the mountains or overlooking the ocean -- that protects a property owner from ha... (more...)
A law adopted by some cities or towns with desirable vistas -- such as those in the mountains or overlooking the ocean -- that protects a property owner from having his or her view obstructed by growing trees. View ordinances don't cover buildings or other structures that may block views.
LICENSE (OF INVENTION, COPYRIGHT OR TRADEMARK)
A contract giving written permission to use an invention, creative work or trademark. A license provides a way to make money from your invention or creative wor... (more...)
A contract giving written permission to use an invention, creative work or trademark. A license provides a way to make money from your invention or creative work without having to manufacture and sell copies yourself. By licensing an invention or work to a company, you get money (often in the form of royalties) in return for allowing the company to use, produce and sell copies of your invention or work in the marketplace.
TENANCY IN COMMON
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owner... (more...)
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owners, as is required with joint tenancy. In some states, two people are presumed to own property as tenants in common unless they've agreed otherwise in writing.
TENANT
Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be cal... (more...)
Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be called the 'lessee.'
WORDS OF PROCREATION
Language used to leave property to a person and his or her descendants, which typically take the form 'to A, and the heirs of his body,' where A is the person r... (more...)
Language used to leave property to a person and his or her descendants, which typically take the form 'to A, and the heirs of his body,' where A is the person receiving the property.
EMINENT DOMAIN
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the Unite... (more...)
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is 'justly compensated' (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.
DEMURRER
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.
EXPRESS WARRANTY
A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most expres... (more...)
A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most express warranties come directly from the manufacturer or are included in the sales contract. If you want to hold the seller to an oral guarantee, it's best to get it in writing or have witnesses to the guarantee so that it doesn't come down to your word against the seller's if a problem arises.
SAMPLE LEGAL CASES
Bright v. Calhoun
... 618 never refers to an ordinance that contains a budget. Our inquiry is governed by settled
principles of statutory construction: "`The fundamental rule of statutory construction is that this
Court is to ascertain and effectuate the legislative intent as expressed in the statute. ...
McLemore v. Hyundai Motor Mfg. Alabama, LLC
... an acre. There is no contract or option on the property currently and you estimate
it will cost us approximately $750,000.00 which you are willing to refund to us in some
fashion during the track construction phase. Randy Evans ...
Ex parte Birmingham Bd. of Educ.
... Standard of Review. Our standard of review is de novo: "Because the issues presented by [this
appeal] concern only questions of law involving statutory construction, the standard of review
is de novo. ... When the language is clear, there is no room for judicial construction. ...
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