“Reasonable Suspicion” Necessary for DUI/DWI Traffic Stops

Temporary detention of individuals during the stop of a vehicle by the police, even if only for a brief period and for a limited purpose, constitutes a “seizure” of a “person” within the meaning of Fourth Amendment of the US Constitution and Section 20 of Article I of NC Constitution. “Reasonable suspicion” is necessary to (more…)

Military Personnel and Their Protection under Civil Law

The Servicemembers’ Civil Relief Act (SCRA) provides a wide range of protections to members of the US Armed Forces who are in active duty. The purpose of the Act is to assist soldiers whose ability to conduct their defense in civil cases is materially affected by reason of military service. It actually delays or suspends (more…)

Treatment of Minors – Delegation of Parental consent

Generally, consent of the custodial parent is required for the treatment of minors in North Carolina. If a minor needs non-emergency medical, dental or surgical services, whether in a doctor’s office or in a hospital, his or her custodial parent must give permission to perform such services. In an emergency, the minor may be treated (more…)

Open Adoptions in North Carolina

An open adoption allows the adopting family and the biological parents to exchange identifying contact information. This exchange allows for the parties to remain in contact with one another after the adoption. State laws do not generally prohibit post-adoption communication between the adoptive parents and the birth parents as this is usually a mutual agreement (more…)

Unavoidable Accidents

The law of negligence makes a defendant not liable for unavoidable or inevitable accident even when he/she has used less than due care.  An unavoidable accident is an incident that was not intended and which, under all the circumstances, could not have been anticipated or avoided by the exercise of reasonable precautions. An unavoidable accident (more…)

Gaining Custody From Biological Parents Who Don’t Want to Relinquish Their Parental Rights

When “fit” biological parents do not want to relinquish their parental rights, it may be almost impossible to force them to.  “Under our statute G.S. 48-7, except as provided in G.S. 48-5 and G.S. 48-6, before a child can be adopted, the written consent of the parents, or surviving parent, or guardian of the person (more…)

Child Support and Age of Majority

In North Carolina, the emancipation of a child occurs when the child turns 18, or, if child is in high school, when child turns 20 or graduates from high school, whichever is first.  Emancipation means a stage when the child becomes free from the parental control and the parents are not responsible for child’s actions. (more…)

Product Liability and Failure to Warn

The failure of a manufacturer or seller to warn as to dangers associated with its products may make them liable for the damages suffered by the intended users of the products.  In American Law, the action for damages for failure to warn is widely recognized. Generally, a manufacturer or seller has a duty to warn (more…)

Understanding Wills in North Carolina

If someone dies, he/she loses control in any literal sense.  ‘Succession’ includes the law of wills, the law of intestacy, the law of trusts, the law of charitable foundations etc.  We can call the law of wills as ‘dead hand rules’ as it sets out a scheme for disposing of the property when someone dies.  (more…)

Equitable Distribution

It is true that 90% of equitable distributions are settled. This usually is more of a function of practical ends rather than lack of “fight”. Assuming nothing is concealed, the differences between parties are generally on valuation. As many cases simply are not worth an appraisal of property (and certainly not competing appraisals of property), (more…)