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Memphis Construction Lawyer, Tennessee


Includes: Construction Contracts, Construction Liens, Housing & Construction Defects

Tim Wade Hellen

Products Liability, Construction, Corporate, Professional Malpractice, Personal Injury
Status:  In Good Standing           

W. Bryan Smith

Construction, Mental Health, Litigation
Status:  In Good Standing           

Bill M. Wade

Corporate, Business Organization, Class Action, Construction, Contract
Status:  In Good Standing           

Robert S. Kirk

Business Organization, Banking & Finance, Construction, Corporate, Land Use & Zoning
Status:  In Good Standing           
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Richard D. Bennett

Labor Law, Government Agencies, Construction, Dispute Resolution, Employment
Status:  In Good Standing           

Michele Howard-Flynn

Pharmaceutical Product, Medical Malpractice, Wills & Probate, Bad Faith Insurance, Construction
Status:  In Good Standing           

S. Louise Chandler

Pharmaceutical Product, Medical Malpractice, Transportation & Shipping, Construction, Corporate
Status:  In Good Standing           

Stephen C. Barton

Litigation, Construction, Federal Appellate Practice
Status:  In Good Standing           Licensed:  29 Years

William Preston Moss

Science, Technology & Internet, Construction, Estate Planning, Business
Status:  In Good Standing           

Mike Patton

Credit & Debt, Personal Injury, Construction, Commercial Real Estate
Status:  In Good Standing           Licensed:  32 Years

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Easily find Memphis Construction Lawyers and Memphis Construction Law Firms. For more attorneys, search all Real Estate areas including Timeshare, Eminent Domain, Foreclosure, Land Use & Zoning, Landlord-Tenant and Other Real Estate attorneys.

LEGAL TERMS

ARBITRATION

A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of ev... (more...)
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less-expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement -- for example, in 'hi-lo arbitration' the parties may agree in advance to a maximum and minimum award. In non-binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts -- including those imposed on customers by many financial and healthcare organizations -- require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.

FORECLOSURE

The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.

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.

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.

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.

DOMINANT TENEMENT

Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property ... (more...)
Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property is the dominant tenement.

FAILURE OF CONSIDERATION

The refusal or inability of a contracting party to perform its side of a bargain.

COMMERCIAL FRUSTRATION

An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can bre... (more...)
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can break a lease if the property she agreed to rent accidentally burns down before the tenants move in.

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.

SAMPLE LEGAL CASES

Walker v. Sunrise Pontiac-GMC Truck, Inc.

... Furthermore, this case requires us to construe certain provisions of the TCPA. Issues of statutory construction are questions of law which this Court reviews de novo with no presumption of correctness accorded the trial court's conclusions. ...

Hayes v. Gibson County

... [2]. The issue presented requires statutory construction. Issues of statutory construction are reviewed de novo with no presumption of correctness attaching to the rulings of the court below. Carter v. Bell, 279 SW3d 560, 564 (Tenn.2009). ...

In re Estate of Tanner

... Standard of Review and Statutory Interpretation. The issues presented by this appeal involve the interpretation of state statutes. Statutory construction is a question of law that is reviewable on a de novo basis without any presumption of correctness. ...