Archived
When writing the court about a Constitutional violation do you have to quote the entire amendment and/or that section of it?
Brandon's answer
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Answered on March 26, 2017
In my personal opinion, having authored or proofread for criminal defense lawyers briefs in which the 4th Amendment was at issue, I think the...
Archived
Can someone murder someone else and say it is freedom of religion?
Brandon's answer
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Answered on March 26, 2017
No action against the civil or constitutional rights of another person can be taken under the cloak of First Amendment protection. Freedom of...
Archived
Can I use the durable power of attorney I have for mom only for some not all business?
Brandon's answer
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Answered on March 26, 2017
I would proceed with the utmost caution, and by consulting as soon as possible with a local elder law or estate planning lawyer. It is difficult...
Archived
I am in need of someone to look over my quit claim deed. What is your price for this service?
Brandon's answer
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Answered on March 26, 2017
You are wise to seek counsel before completing this transaction. Avvo does not function as a referral service for giving quotes, but you are free...
Archived
Can a landlord send you to small claims court?
Brandon's answer
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Answered on March 26, 2017
You were correct to advise confirming with the small claims court that such a case exists; the tenant must be served properly with a Complaint and...
Archived
Would SC Honor a Sales Contract Signed and Notarized in NC?
Brandon's answer
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Answered on March 26, 2017
Contrary to broad opinion, notarization itself is not a requirement for validity of most contracts, and it is not a material factor here. Movement...
Archived
Can a mediation settlement be set aside if the plaintiffs add a defendant to the final draft of the mediation?
Brandon's answer
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Answered on March 26, 2017
Possibly. One would have to discern exactly what terms the litigants agreed to in the settlement agreement, and also consider whether it was...
Archived
How can I obtain a title to a motorcycle that I repaired in my shop 2yrs ago from a man who is deceased in North carolina
Brandon's answer
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Answered on March 26, 2017
If the executor does not hand over the title, you cannot claim ownership, nor are you entitled to physical possession of, the motorcycle. However,...
Archived
What to do if you receiving threating text messages?
Brandon's answer
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Answered on March 26, 2017
You can Google the number to see if it appears in your search results beside an individual or organization's name. If you trace it to an...
Can it be considered libel for a mayor to state in print that a council member was disruptive and out of order when untrue?
Brandon's answer
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Answered on March 26, 2017
The comments are exaggerations, but are most likely not defamatory. The statements lean more toward subjectivity rather than objectivity, and do...
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