frequently asked questions
What is civil
litigation?
Civil litigation relates to the relationships of
contract and exchange between private parties
(individuals, businesses). Civil law encompasses all
law that is not criminal and is divided into two
branches: Contract Law and Tort Law. Rather than
being tried in a criminal court, civil law cases are
litigated in civil courts as law suits and the
result is normally financial compensation.
What is litigation?
A controversy before a court or a lawsuit is
commonly referred to as litigation. If it were not
settled by agreement between the parties outside of
court, it would eventually be heard and decided by a
judge or jury in a court. The term litigation is
sometimes used to distinguish lawsuits from
alternate dispute resolution methods such as
mediation or arbitration
What is the difference between a felony and a
misdemeanor?
A misdemeanor is a petty offense punished by less
than a year of confinement. A felony is a more
serious crime, like arson or murder, and carries
harsher penalties such a long prison sentences. A
felony will remain on your record and may affect
your future job prospects and can be held against
you should you be charged with a crime in the future
Am I at fault if I rear-end
another vehicle?
Almost always, yes. The law states that you must
maintain a safe distance to be able to stop safely
if a car stops in front of you.
How do I get a divorce?
Under North Carolina law, a person must meet the
following requirements in order for a divorce to be
granted:
•You and your spouse have to have lived in North
Carolina for a minimum of 6 months before filing
divorce.
•A divorce must be filed with the Clerk of Court in
the county where you reside (you or your lawyer can
do this).
•The divorce complaint has to be delivered to your
spouse through certified mail or by a county
sheriff.
•After the specified waiting period, you or your
attorney has to appear in court so the judge can
sign an order, finalizing your divorce.
useful info
If I am pulled over by a
policeman, arrested, or searched, what are my
rights?
If you get pulled over, you have the right to ask
the officer why you were stopped. The police may
legally pat down your clothing to check for
concealed weapons, but you have the right to refuse
any other searches if the police do not have a
warrant. Upon arrest, an officer must inform you of
your Miranda rights, otherwise, your case might not
be valid and will be dismissed accordingly.
What is the difference
between a legal separation and a divorce?
Divorces are not final for at least 6 months, while
a legal separation can be final almost immediately.
The largest difference between the two is that if
you proceed with a divorce you are no longer
married. A legal separation only separates the two
parties – they remain married.