The two main areas of the law that concern these protections are nuisance and trespass. A nuisance is an interference with the use and enjoyment of the property, while a trespass is a physical intrusion into the property.
During trial, once the state rests its case, the defendant is able to ask the court to throw the case out because the state has not met its burden of proof. If the case is not thrown out, the defense is then allowed to present its case.
If the crime in question is a felony and no plea has been entered during the preliminary process, then the case will proceed to trial. This can be the most important time for defendants because it is when they are able to formulate a defense.
No one wants it to happen, but sometimes even the best of us end up on the wrong side of the law. This week’s article will be the first of a series that details the criminal law process.
John E. Lawes, Esq There are several ways in which a person may proceed with a lawsuit if they feel that their civil rights have been violated. Federal law creates private causes of action for various infringements on civil rights. Some apply to private entities while others prohibit actions by government officials. The following is […]
John E. Lawes, Esq It may happen that one day you receive a small postcard or letter in the mail stating that you may be able to recover for some lawsuit that you may not have even heard about. These notices are may be a part of the often misunderstood area of the law known […]
John E. Lawes, Esq So far these articles have covered what occurs prior to the filing of a lawsuit through the discovery phase. If you have missed any of these articles, you can review Part 1, Part 2, and Part 3. Once the discovery process is complete it is time for a second round of […]
John E. Lawes, Esq Last week’s article (Anatomy of a Lawsuit, Part 1) covered what occurs up until the filling and service of the lawsuit. Once the complaint has been filed and the defendant has been served several things may occur. The defendant generally has thirty days to respond to the complaint. However, defendants may […]
John E. Lawes, Esq In Alabama property owners have a responsibility to maintain their property in a manner that makes it reasonably safe for the public, including a duty to warn the public in certain circumstances. Premise liability refers to the type of claim available to a person who has been injured as a result […]