North Dakota Questions & Answers by Practice Area
- Bankruptcy
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- Animal / Dog Law
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- Gov & Administrative Law
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- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
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- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
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North Dakota Questions & Answers
Q: Can apartments make you get rid of a therapy dog that 2 of your dr's think you need and you have a medical papework?
1 Answer
| Asked
in
Animal / Dog Law and Landlord - Tenant
for
North Dakota
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
Lucas Wynne's answer
Believe it or not, I have run into this problem being faced by my clients quite frequently in the past. A letter from a medical doctor or therapist is all that is needed to classify the animal as an assistance animal. Landlords must agree to a reasonable accommodation request if the disability claim is true and if the request does not create a hardship on the landlord or other tenants. The difficulty here is arguing whether a hardship is being created on the landlord or other tenants as the...
Believe it or not, I have run into this problem being faced by my clients quite frequently in the past. A letter from a medical doctor or therapist is all that is needed to classify the animal as an assistance animal. Landlords must agree to a reasonable accommodation request if the disability claim is true and if the request does not create a hardship on the landlord or other tenants. The difficulty here is arguing whether a hardship is being created on the landlord or other tenants as the...
Q: An officer cited my age (24) three times when issuing ticket, said it is why I got a "higher" offense". Is this legal?
Lucas Wynne's answer
The simple fix is to hire an attorney. My usual approach is to assess the situation to determine if a client has a high probability of successfully contesting the ticket or cutting a deal. Generally, contesting a traffic ticket is not a high dollar case and the cost of doing so is well worth the investment due to the realities of insurance premiums increasing after a ticket. As to your question, the officer is not under any obligation to reduce your ticket. Because of this, the fact that the...
The simple fix is to hire an attorney. My usual approach is to assess the situation to determine if a client has a high probability of successfully contesting the ticket or cutting a deal. Generally, contesting a traffic ticket is not a high dollar case and the cost of doing so is well worth the investment due to the realities of insurance premiums increasing after a ticket. As to your question, the officer is not under any obligation to reduce your ticket. Because of this, the fact that the...
Q: I am in Jamestown ND How do i view police body cam and video taken?
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Criminal Law
for
North Dakota
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
Lucas Wynne's answer
I will address your question and add additional information that may be helpful. However, as a criminal defense lawyer who offers services throughout North Dakota, I strongly caution you not to handle a criminal case on your own. Criminal law is among the most complex areas of law and, consequently, it easy to accidentally damage your own case. With that being said, you will need to make a Rule 16 Discovery Request. This is the type of request that attorneys make to obtain the evidence against...
I will address your question and add additional information that may be helpful. However, as a criminal defense lawyer who offers services throughout North Dakota, I strongly caution you not to handle a criminal case on your own. Criminal law is among the most complex areas of law and, consequently, it easy to accidentally damage your own case. With that being said, you will need to make a Rule 16 Discovery Request. This is the type of request that attorneys make to obtain the evidence against...
Q: I am an American citizen and I want to marry an Indian guy. We been know for an year. He is here on F1 status.
Roger Carl Algase's answer
Same sex marriages are now recognized by USCIS for green card purposes. I have handled cases like this myself and have not had any problems with the immigration office. The best way to proceed would be to get married and file for the green card, just as with any other marriage relationship. All states are now required by law to perform and recognize same sex marriages.
Same sex marriages are now recognized by USCIS for green card purposes. I have handled cases like this myself and have not had any problems with the immigration office. The best way to proceed would be to get married and file for the green card, just as with any other marriage relationship. All states are now required by law to perform and recognize same sex marriages.
Q: Is reposting content copyright infringement?
1 Answer
| Asked
in
Copyright and Intellectual Property
for
North Dakota
on
Answered on May 25, 2017
Answered on May 25, 2017
Will Blackton's answer
Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.
Whether your use qualifies as fair use depends heavily on the specific facts and circumstances of your use. An attorney would have to review your website or plans for a website, before they could...
Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.
Whether your use qualifies as fair use depends heavily on the specific facts and circumstances of your use. An attorney would have to review your website or plans for a website, before they could...
Q: Is reposting content copyright infringement?
1 Answer
| Asked
in
Copyright and Intellectual Property
for
North Dakota
on
Answered on May 25, 2017
Answered on May 25, 2017
Will Blackton's answer
Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.
Whether your use qualifies as fair use depends heavily on the specific facts and circumstances of your use. An attorney would have to review your website or plans for a website, before they could...
Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.
Whether your use qualifies as fair use depends heavily on the specific facts and circumstances of your use. An attorney would have to review your website or plans for a website, before they could...
Q: Is reposting content copyright infringement?
1 Answer
| Asked
in
Copyright and Intellectual Property
for
North Dakota
on
Answered on May 25, 2017
Answered on May 25, 2017
Will Blackton's answer
Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.
Whether your use qualifies as fair use depends heavily on the specific facts and circumstances of your use. An attorney would have to review your website or plans for a website, before they could...
Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.
Whether your use qualifies as fair use depends heavily on the specific facts and circumstances of your use. An attorney would have to review your website or plans for a website, before they could...
Q: My wife inherited mineral rights along with her siblings to property owned by her parents.
Jim Ed "Jed" Franklin's answer
It depends on what title you have to the mineral rights. Based on what you've written, you are probably co-tenants of an undivided interest in oil, gas, and other minerals. Assuming this, then no, you cannot stop the siblings from leasing, selling, or using their part of the interest. Each co-tenant has the right to develop the land if they want to. So, you may not want to, and you don't have to lease or sell or be any part of the operations, but your siblings might want to. You could...
It depends on what title you have to the mineral rights. Based on what you've written, you are probably co-tenants of an undivided interest in oil, gas, and other minerals. Assuming this, then no, you cannot stop the siblings from leasing, selling, or using their part of the interest. Each co-tenant has the right to develop the land if they want to. So, you may not want to, and you don't have to lease or sell or be any part of the operations, but your siblings might want to. You could...
Q: 1 year ago I got a misdemeanor for marijuana. Is it possible to get it expunged? I have never had a record.
Jackson John Lofgren's answer
North Dakota does not have an expungement process. However, if you received a deferred imposition of sentence and successfully completed probation your plea can be withdrawn, the case dismissed, and the file sealed.
North Dakota does not have an expungement process. However, if you received a deferred imposition of sentence and successfully completed probation your plea can be withdrawn, the case dismissed, and the file sealed.
Q: Does having a will instead of going through probate make a difference in your estate taxes?
Dr Kenneth V Zichi J.D.'s answer
short answer: no
(And don't believe the 'one trick ponies who try to scare people about probate!)
Longer answer, a will does not avoid 'going through probate'. But sometimes you WANT to
have your estate go through probate!
If "avoiding probate" is your primary goal rather than taking care of your needs and
distributing things to your family the way YOU want then you are letting the tail wag the
dog.
You should see a QUALIFIED licensed...
short answer: no
(And don't believe the 'one trick ponies who try to scare people about probate!)
Longer answer, a will does not avoid 'going through probate'. But sometimes you WANT to
have your estate go through probate!
If "avoiding probate" is your primary goal rather than taking care of your needs and
distributing things to your family the way YOU want then you are letting the tail wag the
dog.
You should see a QUALIFIED licensed...
Q: Dad died 15 months ago in ND and step mom died this month. no children together. Next of kin is? Her mom is alive but 90
1 Answer
| Asked
in
Estate Planning, Civil Litigation, Collections and Probate
for
North Dakota
on
Answered on Feb 6, 2017
Answered on Feb 6, 2017
Jim Ed "Jed" Franklin's answer
Your question is missing some important information, feel free to contact me via email so I can better answer it. But generally, you should have some interest in your father's estate, though it sounds like there is not much in it. If so, then the "spousal share" may eat up all of the estate. The spousal share is what your stepmother gets from your dad's estate. Nevertheless, it is possible that you are entitled to what is in your father's estate. If your stepmother is the personal...
Your question is missing some important information, feel free to contact me via email so I can better answer it. But generally, you should have some interest in your father's estate, though it sounds like there is not much in it. If so, then the "spousal share" may eat up all of the estate. The spousal share is what your stepmother gets from your dad's estate. Nevertheless, it is possible that you are entitled to what is in your father's estate. If your stepmother is the personal...
Q: My mom and dad owned farm land and my dad passed away August 4, 2015. During my dad's probate we had the land appraised.
Jim Ed "Jed" Franklin's answer
The obligation of the personal representative of the estate is to determine the fair market value. There is no state requirement for an appraisal. I think that you can feel free to use the appraised value on September 9 to determine fair market value on September 15.
The obligation of the personal representative of the estate is to determine the fair market value. There is no state requirement for an appraisal. I think that you can feel free to use the appraised value on September 9 to determine fair market value on September 15.
Q: After mediation fails on a personal injury claim, can I, the Plantiff refuse to settle and force it to court?
Peter Munsing's answer
You should contact a member of the Trial Lawyers Assn for the state where it happened, ideally in the county where it happened. You are in a complex case situation and need a free consult at least.
You should contact a member of the Trial Lawyers Assn for the state where it happened, ideally in the county where it happened. You are in a complex case situation and need a free consult at least.
Q: I plead guilty to charges due to drug court acceptance and was never really accepted. What happens from here?
Paul Stanko's answer
Ask your attorney whether you can withdraw your guilty plea if you were not accepted into drug court.
Ask your attorney whether you can withdraw your guilty plea if you were not accepted into drug court.
Q: I sold a vehicle "as is"
1 Answer
| Asked
in
Consumer Law, Products Liability and Contracts
for
North Dakota
on
Answered on Aug 11, 2016
Answered on Aug 11, 2016
Peter Munsing's answer
Assuming that he's not complaining of something you knew about but didn't tell him about --e.g. you knew it needed a new tranny but didn't tell him--then you should be OK. "As Is " protects seller from buyers remorse. It isn't a free pass to sit on
information you knew abouit.
Assuming that he's not complaining of something you knew about but didn't tell him about --e.g. you knew it needed a new tranny but didn't tell him--then you should be OK. "As Is " protects seller from buyers remorse. It isn't a free pass to sit on
information you knew abouit.
Q: I didnt submit work authorisation when filling for adjustment of status. can it affect my green card
Q: Can I press charges against a 19 year old boy for having sex with my 14 year old daughter in north dakota?
Robert Jason De Groot's answer
Report it to the police? Did that occur to you? That is just common sense to me. If you believe a crime has been committed, report it to the police and they will investigate it. Technically, it is the prosecutor who actually presses the charges.
Report it to the police? Did that occur to you? That is just common sense to me. If you believe a crime has been committed, report it to the police and they will investigate it. Technically, it is the prosecutor who actually presses the charges.
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