Lawyers, Answer Questions  & Get Points Log In
Questions Answered by David Allan King
1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: May tenants refuse entry to landlord's vendors (for non-essential maintenance) to avoid contact with COVID-19...?

May tenants refuse landlords' requests (i.e., entry of vendors) for non-essential maintenance (i.e., issues that do NOT pose harm or a threat to habitability, and that will NOT cause further degradation to property if left until a later date) (e.g., painting walls) to avoid contact with... View More

David Allan King
David Allan King
answered on May 18, 2020

Questions of contract law almost always come down to "well, I need to see the contract."

However, lease agreements will typically have a provision that requires allowing the owner onto the property for maintenance.

They also usually have a Force Majeure clause that...
View More

1 Answer | Asked in Copyright for North Carolina on
Q: I create a lamp that has the shape of a MacBook and has a logo that slightly differs than Apple's. Is this infringement?

Clearly Apple is not in the business of creating furniture such as lamps. So would I be safe?

David Allan King
David Allan King
answered on May 18, 2020

The key standard for trademark law is the likelihood that consumers will be confused about who the product is coming from. Often, multiple companies with the same name can coexist because they are in different sectors. In other words, people aren't likely to think Apple got into the business... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: Is it legal for a 16 year old to date a 14 year old without having sex in North Carolina?

Also, is this legal without parental consent? And is this legal with touching of the genitals with clothes on so that the bare genitals aren't exposed or touched?

David Allan King
David Allan King
answered on May 18, 2020

Yes. It is legal for them to date and it is legal for them to have sex.

§ 14-27.25 covers statutory rape for minors 15 years-old or younger. For it to be statutory rape, the other person must be (a) "at least 12 years old" AND (b) "at least six years older than the...
View More

2 Answers | Asked in Divorce for North Carolina on
Q: My daughter and 3 children live in NC. He estranged husband lives in VA. Which state does she file for divorce?
David Allan King
David Allan King
answered on May 18, 2020

NC and Virginia both allow you to file for divorce in their state so long as one spouse has been a bona fide resident for at least 6 months prior to filing.

If both states are an option (each of you have lived in one of the states for more than six months), then you can either use your...
View More

View More Answers

3 Answers | Asked in Divorce for North Carolina on
Q: Can a signed agreement between husband and wife be valid before divorce is filed in NC?

In NC you have to separated for 12 months before your considered separated and can file divorce. My wife won’t leave home until we agree on terms. If we draft a document and sign it will it be enforceable once I file for divorce months from now? I don’t want to give her money and property only... View More

David Allan King
David Allan King
answered on May 18, 2020

Generally yes; if the separation agreement is in writing and signed before a notary per § 52-10.1.

However, there are many factors that influence whether a court would enforce the agreement.

For example, if you do not fully disclose the extent of your assets, the spouse can claim...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.