The Law of Stand Your Ground

Stand Your Ground laws are statutes that empower a person to use deadly force in self-defense if they reasonably believe such force is necessary to resist an act of unlawful violence upon themselves or another. State legislatures enact these laws to justify individuals that commit what would otherwise be considered a crime against the person. Put simply, Stand Your Ground laws usually allow a person to use deadly force against an aggressor to prevent or stop an attack. Typically, if a person has this belief, then the law presumes that the force was necessary to do so. In the context of defending a civil case in Alabama, if a person believes the force was deadly, they are presumed to have acted lawfully .
For example, suppose two persons over the age of 16 are engaged in a voluntary fight on private property. As a result of the fight, one person sustains an injury, but the other person walks away without suffering injury. The injured person then sues the other for damages. The person without the injury is entitled to immunity from civil liability from the injury. Put differently, Alabama’s Stand Your Ground law would justify an otherwise criminal act committed by a defendant.
In most cases, when you injure someone or damage someone’s property through your criminal behavior, the law will hold you accountable. Stand Your Ground laws and immunity are exceptions to that rule.

The Ins and Outs of Insurance

Insurance policies are contracts that stipulate what is covered and what is not. Your insurance company might deny a claim, stating that it falls outside the scope of what they are required to cover under your policy. Your insurance company may also offer a settlement amount that is less than what you believe you deserve, or delay payment for a long time. These disagreements with insurers are known as insurance disputes.
Denial
Insurance companies deny claims for many reasons. They may claim the insurance paid for a loss like damage in an accident only covers damage that results from a car crash, rather than other causes like fire or flood. A person injured by a driver with no insurance may find that the company denies that their own policy covers the loss. Sometimes, the denial is based on an incorrect assumption about the facts of the case, and other times, the dispute is over ambiguous wording in the contract. For example , your policy may include undefined terms such as "reasonable" or "normal" when setting guidelines for payments the company must make.
Low Offer
After an accident, your insurer may offer you what seems like a good price for your claim. What if you think it’s not enough? Insurance companies often try to settle quickly, especially when you haven’t hired an attorney. Their goal is to get you to take a low offer before you realize it’s not even close to what you deserve. Whatever cash reserves they have to pay for losses will not last forever, so paying out a fair and legitimate claim is not in the company’s financial interest.
Payout Delays
If you have received a partial or full repair estimate within the timeframe of your claim, you will want to consider contacting the insurance company to ask when you can expect payment. They may tell you that a payment is coming "any day now" or that there is some sort of administrative problem, but there are strict deadlines for the company to pay you. If they don’t pay or continue to offer excuses, it’s time to contact an attorney.

What is Emancipation?

In the state of North Carolina, the law recognizes that not everyone is ready to be considered an adult at the age of 18. For those who find themselves in a situation where they need to be recognized as their own legal guardian, there is a process called emancipation. This section of our blog will provide an in-depth look at emancipation laws in North Carolina and the steps you must complete to legally emancipate a minor.
Emancipation is a legal concept that frees a child from the control and support of their parents or guardians. The process entails the minor requesting the court system to declare them as free from parental control so that they can enjoy certain rights that are traditionally reserved for adults , including the ability to enter into binding contracts, open bank accounts and own property.
However, the legal act of emancipation is not so simple. It also carries with it a large amount of responsibility, as it terminates the rights of parents to provide support for a minor in terms of their education, housing, clothing, food and any other needs.
There are numerous reasons why a minor might seek emancipation, specifically that they have a strong desire to live on their own or they want to get married. However, emancipation may not be within your best interests, as there are still restrictions on those who have been emancipated. For example, they can’t vote, buy cigarettes or alcohol, or run for office until they reach the age of 21.

What is a Power of Attorney?

The term power of attorney (POA) refers to both the document signed by a principal (the party creating the power of attorney) and the agent named in that document. A properly drafted and executed power of attorney (POA) is a written document appointing someone (the agent) to act on behalf of an individual (the principal). The power of attorney appoints the agent through the use of either a general or a limited power of attorney. Through a general power of attorney, the principal grants the agent legal authority to handle all of the affairs of the principal. In contrast, the agent’s power under a limited power of attorney is restricted to certain matters stated in the document.
Powers of attorney may specify the exact powers being given to the agent . Thus, for a person served with a lawsuit, review of the document appointing the present agent would be necessary to determine if the agent has the authority to act for the principal in the pending litigation. Certain POAs provide the principal the right to override an agent’s authority at any time. However, a frequently overlooked issue is that a signature by an agent may result in an acceptance of the power and obligate the agent to act. Thus, the safe route is always to execute a new power of attorney if there is a question regarding the validity of the document currently in effect. The principal may revoke his or her power of attorney at any time. Again, a new power of attorney executed by the principal usually will eliminate questions regarding the agent’s authority.

An Introduction to the Court System for Children and Families in Alabama

The Alabama court system for juveniles is intensely focused on rehabilitation.
The juveniles are considered to under the legal age of 18 and the court actually has jurisdiction over teenagers until they become of legal age. In some cases, the court has the authority over people until their 21st birthday. In Alabama, juvenile court is not just for children; the juvenile court also deals with certain matters involving young adults. The juvenile judges are generally required to be lawyers who have practiced law prior to their appointments.
Alabama Juvenile Courts deal primarily with three types of cases: delinquency cases, dependency cases, and domestic relations cases. Delinquency cases involve adjudications of the involvement of a "youthful" person in activity that would be criminal if an adult. Dependency cases involve child custody and child abuse. Domestic relations cases include family matters that, for example, involve visitation and support.
Traditionally , juvenile courts are engaged in a mission to rehabilitate "youthful" offenders, which often means that the court’s goal is to prevent recurrences of criminal behavior rather than extend the criminality. This mission sometimes means that the juvenile will participate in various forms of rehabilitation programs that court may require.
The structure of juvenile courts varies somewhat from state to state. Alabama juvenile courts have juvenile referees and probation officers. The referees make decisions on issues that do not require a hearing and have considerable authority to handle adjudications. The juvenile referees also hold preliminary hearings on cases assigned to the juvenile court judges. Referees’ decisions are subject to appeal to the juvenile judge.
Juvenile courts are courts of equity, which means that the judge will consider equitable principles beyond purely legal issues. For example, a juvenile court judge may take into account circumstances that go beyond the law to enter an order that he or she believes is fair.

What a hold harmless agreement is

A Hold Harmless Agreement is a common real estate contract provision that basically excuses one party from some of the liabilities or obligations that they may have under the contract itself and possibly under some applicable laws from having to make the other party whole for those liabilities or obligations.
More simply put, a hold harmless provision in a real estate contract or lease means that for some specified liabilities the parties agree that a party who is liable for those liabilities will not seek to make the other party whole from that liability.
For example, in a residential lease, a tenant might agree to be responsible for all injuries to such tenant or any of his guests or invitees that occur in or about the premises, but with the understanding that any such liability will be capped at the limit of the tenant’s insurance policy covering the incident. So in this example, the tenant is saying that he or she will hold the landlord harmless from all injuries to the tenant and his or her guests or invitees occurring on the rental premises.
This liability is capped at the cost to post a bond for payment of any potential judgment arising from the injured party’s claim and for the cost of an insurance policy (e.g. liability policy or renter’s insurance policy) for any of the injuries.
The hold harmless agreement to a certain extent is a contract term that requires a party agreeing to the clause to indemnify (i.e. to protect) another party to the contract or a third party not otherwise involved in the contract , by requiring the indemnifying party to compensate the other party for a loss or expense suffered as a result of liability incurred by that party.
It is important to understand that a hold harmless agreement with respect to a real estate contract does not necessarily require legal advice be offered to a party prior to entering into the agreement as a warranty by the drafter or offeror of the clause to the other party.
Most of the time, a hold harmless agreement or clause will be limited in nature and while it may govern liability with respect to certain obligations in the contract (e.g. obligation to pay damages for injury to a party’s property or injury caused by that party to other’s property, or bodily injury to a person involved in a contractual business or service), and so it may not cover all liabilities or it may exclude certain specified liabilities in that contract.
The application of a hold harmless clause may be that although the clause will not completely indemnify a party for all liability or all claims made against that party, it may require contribution to the indemnified party’s loss or cost in a way that could limit or reduce the liability that ultimately may exist (i.e. a waiver of any liability above the coverage amount to avoid a potential loss to that party).
The example with the residential lease does not completely indemnify the landlord for any injury to a tenant’s guests or invitees, it only requires the tenant to hold the landlord harmless from any injuries up to the amount of the tenant’s liability coverage. However, it does limit the landlord’s liability to the amount of insurance the tenant has, which in many cases may not be sufficient to cover all potential losses or claims made against the landlord.

What is a Residential Snow Removal Contract?

Residential snow removal agreements are written contracts that outline the terms and conditions under which snow and ice from a residential structure’s driveway and walkways will be removed. These agreements are commonly signed by homeowners and service providers as early as late summer, and often no later than November 1st. Here in Wisconsin, "snow season" typically runs from November through April. Having an agreement in place ensures that the service provider has a commitment for X number of snowfall events and that it can invest money into equipment and staff as needed to handle its future obligations under the agreement.
These agreements are generally enforceable as long as they are supported by consideration and do not otherwise violate any statutory or common law prohibition. This means that each party is expected to uphold the deal’s terms by either providing the agreed-upon services or making agreed-upon payments. A homeowner who fails to pay for services may face the same types of lawsuits as if he or she failed to pay for any other type of goods or services. In addition, a service provider who fails to provide the agreed-upon services may be liable for breach of contract and may also be investigated for insurance fraud if the provider submits an insurance claim to a homeowner’s insurance company for snowfall or icy conditions even though they do not exist or were not caused by an agreement violation .
So why is a residential snow removal agreement important? An agreement can protect the consumer by setting forth the terms of the deal and reciting any relevant limitations on the service provider’s liability. It can give the service provider the assurance of a steady stream of income so it can acquire the equipment and personnel needed to timely handle the especially heavy snowfalls that can occasionally occur. And, it can make clear to all concerned that there are limits on the extent to which a service provider is required by law to go when removing snow from a residence. It also gives the homeowner notice of his or her obligations and limitations when requesting snow removal or, for that matter, seeking to contract with a service provider in the first place.
A residential snow removal agreement can also protect service providers by setting forth the terms of the deal, including how payments will be made and the extent to which the service provider can expect to be compensated for hazards beyond its control. For example, what happens if the service provider’s work must be redone because a tree fell on the driveway after the service provider completed its work? What happens if the homeowner’s car was stuck outside after the snowfall and the service provider inadvertently damaged a tire in the process of pushing the car out? The agreement can address these contingencies and set compensation terms, if any, for each circumstance.