Minnesota Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Minnesota Questions & Answers
Q: Trademark Cancelled can Product still be sold in the market.
Ahaji Kirk Amos' answer
Trademark registration does not allow one to sell in the marketplace. Just because a trademark is canceled does not mean that it's free for public use. There is an article on my website on this very topic.
Trademark registration does not allow one to sell in the marketplace. Just because a trademark is canceled does not mean that it's free for public use. There is an article on my website on this very topic.
Q: Can a 12 year old boy go to jail for fighting a girl for the first time
Peter N. Munsing's answer
Unlikely unless there were significant injuries. However everything depends on circumstances--what do witnesses say, who started with the fighting part etc.
Unlikely unless there were significant injuries. However everything depends on circumstances--what do witnesses say, who started with the fighting part etc.
Q: If I created a design/logo for shirts. Should I get copy right, trademark or both? Another ? added to more infor section
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
Minnesota
on
Answered on Apr 18, 2019
Answered on Apr 18, 2019
Sean Erin Serraguard's answer
Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and services. Copyrights are for protecting works of art, writing and other creative goods. If you are treating this design as a logo, then trademark. Changing color or font may affect the design mark,...
Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and services. Copyrights are for protecting works of art, writing and other creative goods. If you are treating this design as a logo, then trademark. Changing color or font may affect the design mark,...
Q: Can county services with hold my child from me because I have two Warrents?
Jonathan Matthew Holson's answer
You don't provide enough facts to answer the question. I am assuming that there was some sort of evidence that was found when the police executed the warrant on your car. Merely having a search warrant on your car and being booked into jail would not be enough for social services to take your child from you.
You don't provide enough facts to answer the question. I am assuming that there was some sort of evidence that was found when the police executed the warrant on your car. Merely having a search warrant on your car and being booked into jail would not be enough for social services to take your child from you.
Q: Can county services with hold my child from me because I have two Warrents?
Jonathan Matthew Holson's answer
You don't provide enough facts to answer the question. I am assuming that there was some sort of evidence that was found when the police executed the warrant on your car. Merely having a search warrant on your car and being booked into jail would not be enough for social services to take your child from you.
You don't provide enough facts to answer the question. I am assuming that there was some sort of evidence that was found when the police executed the warrant on your car. Merely having a search warrant on your car and being booked into jail would not be enough for social services to take your child from you.
Q: Is that a public park is a "known drug area" sufficient as "reasonable suspicion" for search without any other evidence?
1 Answer
| Asked
in
Criminal Law, Civil Rights and Constitutional Law
for
Minnesota
on
Answered on Apr 12, 2019
Answered on Apr 12, 2019
Thomas C Gallagher's answer
Whether police have an articulable suspicion of criminal activity, sufficient to justify a Fourth Amendment seizure,depends upon all the facts then known to that police officer. Of course, I don't have access to that information. His defense attorney of record on the case should. If friend has questions, he or she should directly address those questions to his or her lawyer. And request a copy of the discovery from his or her lawyer.
Whether police have an articulable suspicion of criminal activity, sufficient to justify a Fourth Amendment seizure,depends upon all the facts then known to that police officer. Of course, I don't have access to that information. His defense attorney of record on the case should. If friend has questions, he or she should directly address those questions to his or her lawyer. And request a copy of the discovery from his or her lawyer.
Q: How can I get out of a wedding venue contract that was signed?
Kristian Kircher's answer
You should meet with a lawyer to go over the contract in full and discuss your options moving forward. Sometimes it is as simple as your representative speaking with the venue to settle the matter.
Kristian T. Kircher
BK Law Group
Free Consultation
(952) 314-5101
You should meet with a lawyer to go over the contract in full and discuss your options moving forward. Sometimes it is as simple as your representative speaking with the venue to settle the matter.
Kristian T. Kircher
BK Law Group
Free Consultation
(952) 314-5101
Q: Can seller change legal description of property after signed purchase agreement by buyer?
Bruce Alexander Minnick's answer
This forum is intended as a place where non-lawyers can ask general legal questions to the Justia panel of lawyers having expertise in many different areas of law. The answer to this question can best be explained by a ancient rule of law expressed in its original Latin: "De minimus non curat lex."
Loose translation: The law is not meant for solving inconsequential disputes.
This forum is intended as a place where non-lawyers can ask general legal questions to the Justia panel of lawyers having expertise in many different areas of law. The answer to this question can best be explained by a ancient rule of law expressed in its original Latin: "De minimus non curat lex."
Loose translation: The law is not meant for solving inconsequential disputes.
Q: Witnessed my neighbor's dog get hit by a car and die instantly - driver left the scene but lives nearby. Illegal?
2 Answers
| Asked
in
Criminal Law, Animal / Dog Law and Car Accidents
for
Minnesota
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Jonathan Matthew Holson's answer
Yes. It is something that can be reported to law enforcement. It is animal cruelty.
Yes. It is something that can be reported to law enforcement. It is animal cruelty.
Q: I owe 22,000 in Restitution, civil fines. Is there a way I can reduce or wave this since it is a unrealistic # to pay?
Lucas Wynne's answer
Theoretically, the judge could issue an order relieving you of that debt. Although, it is not that likely. You will likely need a defense attorney to look into it and see if it’s a possibility.
Theoretically, the judge could issue an order relieving you of that debt. Although, it is not that likely. You will likely need a defense attorney to look into it and see if it’s a possibility.
Q: If an officer had to use a flashlight outside to see something that was outside, would that be considered “plain view”?
Lucas Wynne's answer
Sounds like plain sight to me, but that doesn’t mean the officer did everything right. You will likely need a lawyer to review your case.
Sounds like plain sight to me, but that doesn’t mean the officer did everything right. You will likely need a lawyer to review your case.
Q: I have a daughter who is 19 yrs old and hast not graduated. the mother requested the court for another yr of support
D. Patrick McCullough's answer
It depends upon what your Judgment and Decree states relative to this issue.
It depends upon what your Judgment and Decree states relative to this issue.
Q: In MN, Can you get out of your apartment lease with a 60 day written notice?
1 Answer
| Asked
in
Contracts, Real Estate Law and Collections
for
Minnesota
on
Answered on Apr 3, 2019
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
You and your new husband have a very serious legal problem that cannot be solved by discussing what your husband told you was "his understanding" that all he had to do was give his prior landlord a 60 day written notice before moving out of the apartment he rented before meeting and marrying you. Worse yet, now that you two are married, your husband's problem could also become your problem--thereby infecting your "immaculate" credit score--unless you take steps to fix it.
You and your new husband have a very serious legal problem that cannot be solved by discussing what your husband told you was "his understanding" that all he had to do was give his prior landlord a 60 day written notice before moving out of the apartment he rented before meeting and marrying you. Worse yet, now that you two are married, your husband's problem could also become your problem--thereby infecting your "immaculate" credit score--unless you take steps to fix it.
Q: I just found out i have warranty on me for probation violation...
Thomas C Gallagher's answer
When a probation officer alleges that a probationer violated a condition of a stayed sentence, he or she can ask a judge to sign an Arrest and Detain Order. This is the functional equivalent to an Arrest Warrant. The main purpose of either is to get the named person into custody. A secondary purpose is to inconvenience that person. Not knowing about an arrest warrant or an A & D, will have little effect on the final outcome, however. As for what to do, you may want to hire a lawyer to...
When a probation officer alleges that a probationer violated a condition of a stayed sentence, he or she can ask a judge to sign an Arrest and Detain Order. This is the functional equivalent to an Arrest Warrant. The main purpose of either is to get the named person into custody. A secondary purpose is to inconvenience that person. Not knowing about an arrest warrant or an A & D, will have little effect on the final outcome, however. As for what to do, you may want to hire a lawyer to...
Q: Can we be sued?
1 Answer
| Asked
in
Contracts, Criminal Law, Adoption and Animal / Dog Law
for
Minnesota
on
Answered on Mar 30, 2019
Answered on Mar 30, 2019
Bruce Alexander Minnick's answer
Sure; in America anyone can sue anybody for anything at any time (even without a lawyer in small claims court). Winning the lawsuit is another matter. Save all your receipts, text messages, emails and all other documents.
Sure; in America anyone can sue anybody for anything at any time (even without a lawyer in small claims court). Winning the lawsuit is another matter. Save all your receipts, text messages, emails and all other documents.
Q: Would the use of a flashlight by an officer still be considered "plain view"
Thomas C Gallagher's answer
Caselaw is not helpful, but police still must have a lawful reason to be there, looking:
"Nor does Officer Corcoran's use of his flashlight affect this conclusion. "In numerous cases [the supreme court has] upheld against fourth amendment challenge[s] the practice of police officers routinely shining flashlights into automobiles, the only exception being when the officers unlawfully acquire their position vis-a-vis the vehicles, as when they unlawfully stop cars." State v. Alesso, 328...
Caselaw is not helpful, but police still must have a lawful reason to be there, looking:
"Nor does Officer Corcoran's use of his flashlight affect this conclusion. "In numerous cases [the supreme court has] upheld against fourth amendment challenge[s] the practice of police officers routinely shining flashlights into automobiles, the only exception being when the officers unlawfully acquire their position vis-a-vis the vehicles, as when they unlawfully stop cars." State v. Alesso, 328...
Q: How would I go about filing a motion to have the statue on an old case changed in the state of MN?
Thomas C Gallagher's answer
The best way would be to hire a criminal defense lawyer to help with it. As for which motion, a motion to withdraw a plea could work. Then, at the hearing ask the prosecutor and judge for help getting it changed. In the end, the Court Administrator will need to correct the court's record. After that, check to see if the MN BCA has a record on it. If so, get them a certified copy and ask them to update.
The best way would be to hire a criminal defense lawyer to help with it. As for which motion, a motion to withdraw a plea could work. Then, at the hearing ask the prosecutor and judge for help getting it changed. In the end, the Court Administrator will need to correct the court's record. After that, check to see if the MN BCA has a record on it. If so, get them a certified copy and ask them to update.
Q: Can I change my speeding ticket 16 over the speed limit to a non moving violation, if so how much would it cost. Thanks
Thomas C Gallagher's answer
That question may not be worded just right. Strictly speaking, the answer is "no." But, if you want to prevent a speeding ticket from being certified by the court to MN DPS to go on your driver;s license record -- that may be possible. It depends upon a few things: what happened ("the facts"); your record in the past three to five years; and whether you have a defense attorney. And if it can be done, the cost will vary with those same factors. If you really want to know, call me or another...
That question may not be worded just right. Strictly speaking, the answer is "no." But, if you want to prevent a speeding ticket from being certified by the court to MN DPS to go on your driver;s license record -- that may be possible. It depends upon a few things: what happened ("the facts"); your record in the past three to five years; and whether you have a defense attorney. And if it can be done, the cost will vary with those same factors. If you really want to know, call me or another...
Q: 15+ years ago had dwi what can I do now to reinstate it
Jonathan Matthew Holson's answer
I’m assuming you mean reinstate your driver’s license. The best way to find out your exact requirements is to report to the DMV next week. They can give you all particular information you need.
I’m assuming you mean reinstate your driver’s license. The best way to find out your exact requirements is to report to the DMV next week. They can give you all particular information you need.
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