Expert Advice > General Law
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- Last week I received a bill from a business that claims to have done a service for me back in 1998, but forgot to bill me. I don't remember whether they actually did anything for me or not. My question is, am I responsible to pay a seven-year-old bill that I don't even remember if I received services for?
The statute of limitations for breach of contract is 6 years. Legally, there is no way for the business to enforce the seven-year-old bill.
- When I am hunting, do I have to carry my license with me at all times?
A hunter must be able to present his license upon request. A hunter must also be able to produce for inspection his driver's license or some other form of state-issued identification. Failure to produce these items upon request by law enforcement can subject you to 30 days in jail and/or a $200.00 fine. So when you take your coat off on these beautiful autumn days and throw it in the pickup, make sure you don't leave your hunting license in the pocket.
- If I see a car stopped along the road with flashing amber lights, what am I required to do with my vehicle?
If you are driving on the interstate or a divided highway in the same direction as the stopped vehicle, you must merge into the lane farthest from the vehicle and proceed with caution. If you are on a two-lane road, you must slow to a speed that is at least 20 mph less than the posted speed limit and proceed with caution. If you are driving between Clearfield and Keyapaha, you must stop and offer assistance (Wortman Township rule according to my grandma, Garnet Sargent).
- Can I legally publish someone else's name on a t-shirt without his permission?
There is a cause of action for invasion of privacy by misappropriation of a person's name or likeness, but misappropriation does not occur by mere mention of a name, or by reference to it in connection with legitimate mention of his or her public activities. It is only when the publicity is given for the purpose of appropriating to your benefit the commercial or other values associated with the other person's name or likeness that the right of privacy is invaded.
So, putting Michael Jordan's name on a basketball t-shirt is probably going to get you in trouble. Putting Mark Meierhenry's name on a t-shirt listing the starting five for the 1961 Gregory Gorillas, perfectly fine.
- Are parents legally responsible for damage caused by their minor children?
Only in very limited circumstances. In South Dakota, parents are not liable for damage caused by the careless or negligent conduct of their children. Nor are parents liable for any damages proximately caused by their children's operation of a motor vehicle. The only situation in which parents can be held liable for the acts of their children is when the child causes damages through "malicious and willful acts," and in these cases, the parents' liability is limited to $1,500.00.
- Are religious Christmas displays on government property, such as a Nativity scene, permissible under the Constitution?
It depends on the context in which they are displayed. The Supreme Court has held a Nativity scene inside a county courthouse surrounded by a few poinsettias and a plaque naming the scene's donor violated the First Amendment's prohibition on governmental establishment of religion because the items surrounding the display did nothing to secularize its Christian message. In contrast, a Nativity scene included in a large holiday display in a city park, including Santa Clause, candy-stripped poles, a clown and a bear was held to be constitutional because the Nativity scene was secularized by its context.
- Is it better to have a will or a trust?
It really depends on a person's individual circumstances. You should consult a lawyer to discuss what estate plan is best for you. Some of the factors a lawyer will consider are your age, marital status, whether you have children and their age, and the type and total value of property you own.
- Can a city take land under the power of Eminent Domain if the land is not within the city limits?
Yes. SDCL 9-12-1(2) states that every municipality has the power to acquire by condemnation real property within or without its corporate limits for all purposes authorized by law.
- Daddy, would the police put you in jail if they caught you driving the car before I was buckled up? Jack Sargent, Age 6
No, but I could get a traffic ticket for committing a petty offense. South Dakota law requires that any operator of a passenger vehicle transporting a child under the age of 5 must ensure that the child is secured in a Department of Transportation approved car seat. If the child is between the ages of 5 and 18 or over 40 pounds, the child is required to wear a properly adjusted and fastened seat belt. However, the National Highway Traffic Safety Administration recommends that all children less than 4'9" tall and 80 pounds be placed in a booster seat.
- Someone stole a bunch of stuff from my car. Should I report it to the police even though I know the chances of them catching anyone are very slim? C.S., Sioux Falls
Yes, you should report it. You never know how your incident may fit into larger investigations being conducted by law enforcement. Even if you don't get your stuff back, you might help stop future crimes in the community. Normally, an officer can take your report right over the phone.
- We live in a neighborhood where there are covenants you must sign before building, requiring specifics on each particular house. The covenants specifically state that the houses must be earth tone in color. What can I do if my neighbors painted their house baby blue? L.K., Sioux Falls
First, look at your covenants to see if there is a variance procedure, and if so, find out if your neighbors received a variance. If not, nicely ask them to repaint it. If that doesn't work, your covenants may provide for an informal dispute resolution procedure that you must follow. Your last resort is to file an action in the Circuit Court asking the Court to grant an injunction, which in effect orders your neighbors to repaint the house.
- Parents have to buy their kids birthday presents, don't they? Jack Sargent, turning 7 today .
No Jack, they don't "have to." But when a kid has been as good as you all year, they certainly should.
Happy Birthday, Jackie Boy!!!!!
- Please explain "common law marriage." Does the state of South Dakota recognize it?
Common-law marriage is a non-ceremonial or informal marriage by agreement, ordinarily without compliance with the law requiring a marriage license. Common law marriages were abolished by the South Dakota Legislature in 1959. However, in 1976, the South Dakota Supreme Court did recognize a common law re-marriage of two people previously married to each other. The Court stated: "The harsh judicial scrutiny of a . . . common-law relationship should not be applied to an informal remarriage. Such a relationship should be encouraged, not discouraged."
- Do I need a valid driver's license to ride an electric motor scooter?
Yes. All electric motor scooters of two or three wheels fall within the definition of motorcycle under South Dakota Codified Laws. However, some electric motor scooters fall within the moped subclassification, depending on the motor and transmission. If the vehicle is classified a motorcycle, the operator must have a valid driver's license with a motorcycle endorsement. If the vehicle is classified a moped, the operator only needs a valid driver's license or permit.
- What is a "tax shelter," and is it legal?
The phrase "tax shelters" can include any strategy, investment or tax plan that reduces tax liability. Tax shelters are often sold to the public by accounting firms and other financial and tax advisors. Tax shelters are designed to provide a legal way to avoid paying taxes.
- When was Labor Day first recognized as a holiday?
Labor Day was created by Congress and President Grover Cleveland in 1894 in the wake of the Pullman railroad sleeping car company strike. It was intended as a day of appeasement to the nation's workers after decades of horrid working conditions.
In 1898, Samuel Gompers, head of the American Federation of Labor, called it "the day for which the toilers in past centuries looked forward, when their rights and their wrongs would be discussed...that the workers of our day may not only lay down their tools of labor for a holiday, but upon which they may touch shoulders in marching phalanx and feel the stronger for it."
- Last week I received a bill from a business that claims to have done a service for me back in 1998, but forgot to bill me. I don't remember whether they actually did anything for me or not. My question is, am I responsible to pay a seven-year-old bill that I don't even remember if I received services for?
The statute of limitations for breach of contract is 6 years. Legally, there is no way for the business to enforce the seven-year-old bill.
- When I am hunting, do I have to carry my license with me at all times?
A hunter must be able to present his license upon request. A hunter must also be able to produce for inspection his driver's license or some other form of state-issued identification. Failure to produce these items upon request by law enforcement can subject you to 30 days in jail and/or a $200.00 fine. So when you take your coat off on these beautiful autumn days and throw it in the pickup, make sure you don't leave your hunting license in the pocket.
- If I see a car stopped along the road with flashing amber lights, what am I required to do with my vehicle?
If you are driving on the interstate or a divided highway in the same direction as the stopped vehicle, you must merge into the lane farthest from the vehicle and proceed with caution. If you are on a two-lane road, you must slow to a speed that is at least 20 mph less than the posted speed limit and proceed with caution. If you are driving between Clearfield and Keyapaha, you must stop and offer assistance (Wortman Township rule according to my grandma, Garnet Sargent).
- Can I legally publish someone else's name on a t-shirt without his permission?
There is a cause of action for invasion of privacy by misappropriation of a person's name or likeness, but misappropriation does not occur by mere mention of a name, or by reference to it in connection with legitimate mention of his or her public activities. It is only when the publicity is given for the purpose of appropriating to your benefit the commercial or other values associated with the other person's name or likeness that the right of privacy is invaded.
So, putting Michael Jordan's name on a basketball t-shirt is probably going to get you in trouble. Putting Mark Meierhenry's name on a t-shirt listing the starting five for the 1961 Gregory Gorillas, perfectly fine.
So, putting Michael Jordan's name on a basketball t-shirt is probably going to get you in trouble. Putting Mark Meierhenry's name on a t-shirt listing the starting five for the 1961 Gregory Gorillas, perfectly fine.
- Are parents legally responsible for damage caused by their minor children?
Only in very limited circumstances. In South Dakota, parents are not liable for damage caused by the careless or negligent conduct of their children. Nor are parents liable for any damages proximately caused by their children's operation of a motor vehicle. The only situation in which parents can be held liable for the acts of their children is when the child causes damages through "malicious and willful acts," and in these cases, the parents' liability is limited to $1,500.00.
- Are religious Christmas displays on government property, such as a Nativity scene, permissible under the Constitution?
It depends on the context in which they are displayed. The Supreme Court has held a Nativity scene inside a county courthouse surrounded by a few poinsettias and a plaque naming the scene's donor violated the First Amendment's prohibition on governmental establishment of religion because the items surrounding the display did nothing to secularize its Christian message. In contrast, a Nativity scene included in a large holiday display in a city park, including Santa Clause, candy-stripped poles, a clown and a bear was held to be constitutional because the Nativity scene was secularized by its context.
- Is it better to have a will or a trust?
It really depends on a person's individual circumstances. You should consult a lawyer to discuss what estate plan is best for you. Some of the factors a lawyer will consider are your age, marital status, whether you have children and their age, and the type and total value of property you own.
- Can a city take land under the power of Eminent Domain if the land is not within the city limits?
Yes. SDCL 9-12-1(2) states that every municipality has the power to acquire by condemnation real property within or without its corporate limits for all purposes authorized by law.
- Daddy, would the police put you in jail if they caught you driving the car before I was buckled up? Jack Sargent, Age 6
No, but I could get a traffic ticket for committing a petty offense. South Dakota law requires that any operator of a passenger vehicle transporting a child under the age of 5 must ensure that the child is secured in a Department of Transportation approved car seat. If the child is between the ages of 5 and 18 or over 40 pounds, the child is required to wear a properly adjusted and fastened seat belt. However, the National Highway Traffic Safety Administration recommends that all children less than 4'9" tall and 80 pounds be placed in a booster seat.
- Someone stole a bunch of stuff from my car. Should I report it to the police even though I know the chances of them catching anyone are very slim? C.S., Sioux Falls
Yes, you should report it. You never know how your incident may fit into larger investigations being conducted by law enforcement. Even if you don't get your stuff back, you might help stop future crimes in the community. Normally, an officer can take your report right over the phone.
- We live in a neighborhood where there are covenants you must sign before building, requiring specifics on each particular house. The covenants specifically state that the houses must be earth tone in color. What can I do if my neighbors painted their house baby blue? L.K., Sioux Falls
First, look at your covenants to see if there is a variance procedure, and if so, find out if your neighbors received a variance. If not, nicely ask them to repaint it. If that doesn't work, your covenants may provide for an informal dispute resolution procedure that you must follow. Your last resort is to file an action in the Circuit Court asking the Court to grant an injunction, which in effect orders your neighbors to repaint the house.
- Parents have to buy their kids birthday presents, don't they? Jack Sargent, turning 7 today .
No Jack, they don't "have to." But when a kid has been as good as you all year, they certainly should.
Happy Birthday, Jackie Boy!!!!!
Happy Birthday, Jackie Boy!!!!!
- Please explain "common law marriage." Does the state of South Dakota recognize it?
Common-law marriage is a non-ceremonial or informal marriage by agreement, ordinarily without compliance with the law requiring a marriage license. Common law marriages were abolished by the South Dakota Legislature in 1959. However, in 1976, the South Dakota Supreme Court did recognize a common law re-marriage of two people previously married to each other. The Court stated: "The harsh judicial scrutiny of a . . . common-law relationship should not be applied to an informal remarriage. Such a relationship should be encouraged, not discouraged."
- Do I need a valid driver's license to ride an electric motor scooter?
Yes. All electric motor scooters of two or three wheels fall within the definition of motorcycle under South Dakota Codified Laws. However, some electric motor scooters fall within the moped subclassification, depending on the motor and transmission. If the vehicle is classified a motorcycle, the operator must have a valid driver's license with a motorcycle endorsement. If the vehicle is classified a moped, the operator only needs a valid driver's license or permit.
- What is a "tax shelter," and is it legal?
The phrase "tax shelters" can include any strategy, investment or tax plan that reduces tax liability. Tax shelters are often sold to the public by accounting firms and other financial and tax advisors. Tax shelters are designed to provide a legal way to avoid paying taxes.
- When was Labor Day first recognized as a holiday?
Labor Day was created by Congress and President Grover Cleveland in 1894 in the wake of the Pullman railroad sleeping car company strike. It was intended as a day of appeasement to the nation's workers after decades of horrid working conditions.
In 1898, Samuel Gompers, head of the American Federation of Labor, called it "the day for which the toilers in past centuries looked forward, when their rights and their wrongs would be discussed...that the workers of our day may not only lay down their tools of labor for a holiday, but upon which they may touch shoulders in marching phalanx and feel the stronger for it."
In 1898, Samuel Gompers, head of the American Federation of Labor, called it "the day for which the toilers in past centuries looked forward, when their rights and their wrongs would be discussed...that the workers of our day may not only lay down their tools of labor for a holiday, but upon which they may touch shoulders in marching phalanx and feel the stronger for it."
