North Dakota Questions & Answers by Practice Area


  • Admiralty / Maritime
  • Adoption
  • Agricultural Law
  • Animal / Dog Law
  • Antitrust
  • Appeals / Appellate Law
  • Arbitration / Mediation Law
  • Banking
  • Broker Fraud
  • 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
  • Probate
  • Public Benefits
  • Securities Law
  • Sexual Harassment
  • Small Claims
  • Social Security
  • Trademark
  • Uncategorized
  • White Collar Crime
  • Wrongful Death

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

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...
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Q: An officer cited my age (24) three times when issuing ticket, said it is why I got a "higher" offense". Is this legal?

1 Answer | Asked in Traffic Tickets for North Dakota on
Answered on Jul 24, 2017

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...
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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

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...
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Q: Can I take someone to court for owing me money and has refused to pay. I have all the proof for the money they owe me.

1 Answer | Asked in Collections for North Dakota on
Answered on Jul 6, 2017

Yes, go to small claims court.
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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.

1 Answer | Asked in Family Law and Immigration Law for North Dakota on
Answered on Jun 7, 2017

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.
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Q: Is reposting content copyright infringement?

1 Answer | Asked in Copyright and Intellectual Property for North Dakota on
Answered on May 25, 2017

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...
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Q: Is reposting content copyright infringement?

1 Answer | Asked in Copyright and Intellectual Property for North Dakota on
Answered on May 25, 2017

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...
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Q: Is reposting content copyright infringement?

1 Answer | Asked in Copyright and Intellectual Property for North Dakota on
Answered on May 25, 2017

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...
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Q: My wife inherited mineral rights along with her siblings to property owned by her parents.

1 Answer | Asked in Energy, Oil and Gas for North Dakota on
Answered on Apr 5, 2017

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...
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Q: 1 year ago I got a misdemeanor for marijuana. Is it possible to get it expunged? I have never had a record.

1 Answer | Asked in Criminal Law for North Dakota on
Answered on Feb 14, 2017

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.
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Q: What does Tx mean in a plea deal

1 Answer | Asked in Criminal Law for North Dakota on
Answered on Feb 14, 2017

It most likely means treatment such as alcohol or drug treatment.
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Q: Does having a will instead of going through probate make a difference in your estate taxes?

1 Answer | Asked in Probate for North Dakota on
Answered on Feb 10, 2017

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...
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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

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...
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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.

1 Answer | Asked in Probate for North Dakota on
Answered on Feb 6, 2017

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.
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Q: After mediation fails on a personal injury claim, can I, the Plantiff refuse to settle and force it to court?

1 Answer | Asked in Personal Injury for North Dakota on
Answered on Jan 2, 2017

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.
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Q: I plead guilty to charges due to drug court acceptance and was never really accepted. What happens from here?

1 Answer | Asked in Criminal Law for North Dakota on
Answered on Sep 18, 2016

Ask your attorney whether you can withdraw your guilty plea if you were not accepted into drug court.
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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

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.
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Q: Can i leave home at 17 when im pregnant?

1 Answer | Asked in Uncategorized for North Dakota on
Answered on Nov 4, 2015

With your parents' permission, yes.

Q: Can I press charges against a 19 year old boy for having sex with my 14 year old daughter in north dakota?

1 Answer | Asked in Criminal Law for North Dakota on
Answered on Nov 1, 2015

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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