North Dakota 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
North Dakota Questions & Answers
Q: I'm starting a fashion brand and want to use the name BEAU in a bold font. Will I be able to trademark this later?
Lucas Wynne's answer
Your question has a lot of variables that could impact the answer. I would suggest consulting directly with a trademark lawyer. The term may be too broad to afford it protection - registering it is one thing, defending the trademark is another entirely.
Your question has a lot of variables that could impact the answer. I would suggest consulting directly with a trademark lawyer. The term may be too broad to afford it protection - registering it is one thing, defending the trademark is another entirely.
Q: Can a judge ban anyone from filing within their county/state of N.D? Judge's name is Honorable David E. Reich Bismarck
1 Answer
| Asked
in
Criminal Law, Divorce, Family Law and Civil Rights
for
North Dakota
on
Answered on Mar 20, 2019
Answered on Mar 20, 2019
Lucas Wynne's answer
There is not enough information in your question to provide an answer. Based on your question, it sounds like your filing may have been rejected due to a jurisdictional issue.
There is not enough information in your question to provide an answer. Based on your question, it sounds like your filing may have been rejected due to a jurisdictional issue.
Q: I received a letter in the mail today that threatened legal action for a debt.
1 Answer
| Asked
in
Consumer Law, Legal Malpractice, Small Claims and Bankruptcy
for
North Dakota
on
Answered on Feb 19, 2019
Answered on Feb 19, 2019
Timothy Denison's answer
If the MD stature is 3 years, then the statute has expired and they cannot sue you.
If the MD stature is 3 years, then the statute has expired and they cannot sue you.
Q: My wife moved out and took our three daughters. Is it legal for her to move more then 50 miles away without my consent.
Gregory William Liebl's answer
The answer depends on whether there is a court order in place and whether or not 50 miles away puts her outside of the state of North Dakota. You will want to speak with an attorney further about this to get you pointed in the right direction.
The answer depends on whether there is a court order in place and whether or not 50 miles away puts her outside of the state of North Dakota. You will want to speak with an attorney further about this to get you pointed in the right direction.
Q: Can a prime contractor legally withhold money from 1 completed contract to compensate for a separate job contract?
Lucas Wynne's answer
This sounds like a law school contracts question. Unfortunately, no attorney can confidently answer this one without actually seeing the contracts.
This sounds like a law school contracts question. Unfortunately, no attorney can confidently answer this one without actually seeing the contracts.
Q: This case is about me I want to reopen my criminal case and get a new trial based off misrepresentation is that possible
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law and Legal Malpractice
for
North Dakota
on
Answered on Jan 16, 2019
Answered on Jan 16, 2019
Lucas Wynne's answer
Many people attempt to do this and fail. More would need to be known about your particular case. You do not want to file a frivolous motion with any court as doing so will just cost you a lot of time and headache. With that being said, if an attorney violated the rules and that resulted in a conviction for you, it is probably worth exploring. You may be looking for what is called post conviction relief, but I would highly suggest you do not go about it on your own if it all possible. Call a few...
Many people attempt to do this and fail. More would need to be known about your particular case. You do not want to file a frivolous motion with any court as doing so will just cost you a lot of time and headache. With that being said, if an attorney violated the rules and that resulted in a conviction for you, it is probably worth exploring. You may be looking for what is called post conviction relief, but I would highly suggest you do not go about it on your own if it all possible. Call a few...
Q: Can my divorce attorney later be the states prosecuting attorney against me in a child welfare case involving CPS or DHS
Lucas Wynne's answer
More would need to be known about the situation, but it certainly sounds like a conflict of interest on its face, you should inform the judge.
More would need to be known about the situation, but it certainly sounds like a conflict of interest on its face, you should inform the judge.
Q: If I signed a non compete contract for a business in Minnesota, is it still valid if I move to North Dakota?
Lucas Wynne's answer
Firstly, some noncompete contracts are invalid as a matter of law and not worth the paper they’re written on. Secondly, no attorney can answer this question without actually seeing the contract. If I were you, I would bring the contract to an attorney, pay them a basic fee to review and issue you an opinion.
Firstly, some noncompete contracts are invalid as a matter of law and not worth the paper they’re written on. Secondly, no attorney can answer this question without actually seeing the contract. If I were you, I would bring the contract to an attorney, pay them a basic fee to review and issue you an opinion.
Q: If I wanted to take the mother of my child to court for visitation rights would I need an attorney in the state she's in
Lucas Wynne's answer
Generally, you will need an attorney in the state where the child has resided for the past six months.
Generally, you will need an attorney in the state where the child has resided for the past six months.
Q: Recently charged with a DUI. First time offender, blew .175 at the station. Do I need a lawyer or just go to court?
Lucas Wynne's answer
My suggestion is usually the same, if you need a doctor for a surgery, then you will need a lawyer for court.
My suggestion is usually the same, if you need a doctor for a surgery, then you will need a lawyer for court.
Q: Under what circumstances can I sue for emotional distress as a result of a car accident?
Peter N. Munsing's answer
If you were in a crash contact a member of the N.Dakota Assn for Justice in the County where it happened. They give free consults. Emotional distress claims are not favored and the rules are very strict. If you were hurt, focus on your injuries as well.
If you were in a crash contact a member of the N.Dakota Assn for Justice in the County where it happened. They give free consults. Emotional distress claims are not favored and the rules are very strict. If you were hurt, focus on your injuries as well.
Q: I currently live in Minot ND ..I have a lot of debt that I know I can't pay or ever catch up on ..so I wanted to file.
Timothy Denison's answer
Check with the local bar association and legal aid and ask them to refer you to a bankruptcy attorney who can help you.
Check with the local bar association and legal aid and ask them to refer you to a bankruptcy attorney who can help you.
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