Emrick, Scarborough & Associates, P.C., lawyers in Heflin, AL, Alabama

Personal Representatives

When a person dies, state law establishes legal procedures for settling the deceased person's estate. This process is called probate. If the person has a will, he/she may name someone to serve as personal representative. A personal representative is the executor or administrator of a deceased person's estate. In some states, the terms executor and administrator are used in place of personal representative. If no personal representative is specified by will or if the person dies intestate (without a will), the probate court will appoint someone to serve as personal representative. More...

Opening Statements and Closing Arguments at Trial

A trial begins with opening statements by the attorneys for the litigants (the parties in the lawsuit). The plaintiff (the party suing) has the burden of proof in the case. This means the plaintiff must prove the allegations in his/her complaint in order to win the case. The standard of proof in a civil lawsuit is a preponderance of the evidence (the facts are more in favor of the plaintiff than the defendant, the party being sued.) In a criminal prosecution, the government is the plaintiff. The government has to prove a criminal defendant's guilt beyond a reasonable doubt.More...

Technology in the Courtroom

Courts are increasingly using technology to enhance the quality and the effectiveness of court proceedings. New York, Florida, Arizona, Minnesota, and Delaware all have state-of-the-art courtrooms. Technology is being used to increase the trier of fact's understanding of the evidence while reducing the length of trials and their cost. Information related to the case is stored and presented electronically. A CD-ROM will hold a transcript, an audio and a video recording of the trial and all evidence that was presented at trial, making a multi-media trial record. This article discusses how technology is being used in today's state-of-the art courtroom.More...

Impaired Driving -- Fatigue, Cell Phone Use, And Telematics

Impaired driving refers to anything that distracts a driver and interferes with his/her capable performance of the task of driving. Driving can be impaired by drug use, alcohol use, driver fatigue, cell phone use, and anything else that distracts the driver, such as eating food or putting on makeup. The use of computers and navigation devices in cars called telematics can also distract a driver. This article explores driver fatigue, cell phone use, and telematics. More...

State Administrative Law

State legislatures have passed laws setting up various state administrative agencies. Some examples of state administrative agencies include public utilities commissions, worker's compensation bureaus, motor vehicle bureaus, and natural resources departments. State agencies exercise powers delegated to them by the state legislature. More...