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This video has been made available by the North Carolina Bar Association and legal aid of North Carolina as a public service this video is for general informational purposes only the video is designed for people who cannot afford to hire a private attorney to address their custody issues the North Carolina Bar Association and legal aid of North Carolina make no assurances that this video will enable you to succeed in resolving your custody matter the information provided in the video is general legal information it is not legal advice legal advice is dependent on the specific circumstances of each situation the information contained in this video is not guaranteed and the information contained in the packet cannot replace the advice of a competent attorney licensed in your state it does not imply that the North Carolina Bar Association or legal aid of North Carolina has agreed to represent you or pryou with further advice or counsel no one from legal aid or the North Carolina Bar Association will appear on your behalf in court in no event will the North Carolina Bar Association or legal aid of North Carolina or anyone contributing to the production of this video be held responsible for any damage resulting from the use of the video this video is meant to assist parents who are preparing for a custody trial in North Carolina courts laws vary from state to state if you are not located in North Carolina or you are not a biological or adoptive parent of the child you are seeking custody of the information in this video may not apply to your custody case if you have any questions about how to prepare for your custody trial or how to present your case please consult with a competent domestic attorney in your area if you are separating or divorcing your children deserve a conflict-free resolution to their custodial arrangements it is almost always in your best interest and in the children's best interests if you can resolve your custody dispute without a trial the court system is expensive and can take an extended amount of time if you are unable to resolve your custody dispute through mediation or collaborative means this video is meant to pryou with some insight into the court system and how your trial might proceed I've followed my custody case and my ex-partner and I have tried mediation I have a custody case set for trial what happens when I get to the courtroom on the day of the hearing in most courtrooms a judge and a courtroom Clerk are in the courtroom the judge or clerk will call all of the cases on the calendar be sure that when you hear your name called you answer loudly and clearly to let the judge know you are present when the judge is ready to hear your case the judge will call your name again and ask that you come forward after my case.


With today's Supreme Court ruling, are North Carolina magistrates still able to 'opt out' of performing gay marriages?
Today's Supreme Court ruling did not directly address the issue of religious objections to performing same-sex marriages, it simply requires that the state issue licenses to any two people seeking to be married, regardless of their sexual orientation.I anticipate that other cases that directly address this purported "conflict" of religious belief and then fundamental right to marriage will come sooner rather than later, but doubt they will be terribly successful.
How difficult is it to get a divorce in North Carolina?
The twelve month waiting period is for real. It means you cannot be under the same room and you cannot have “marital relations” or the calendar starts over. Add to that that often the “heavy lifting” of a settlement is done while crafting the separation agreement. This can take months of negotiations, before the twelve months even starts.I suppose the good news is that the actual divorce is just a matter of paperwork, if all the details are hashed out in the separation agreement.To me, the twelve months is an archaic vestige of the nanny state mentality. I am no fan of divorce, but when need to GTFO, you need to GTFO. And when children are involved, the NC divorce laws often compel couples and their children to endure dangerous circumstances before it’s all said and done.
How likely is North Carolina's Public Facilities Privacy & Security Act to be found constitutional when challenged in court?
This thing[1] contains a severability clause (§ 4), which means that the two not-all-that-closely-related "parts" to the thing need to be evaluated separately.The “bathroom bill” is Part I. I’ll come back to that.Part II is a provision eliminating a private cause of action for discrimination (the Human Rights Act), and also eliminating the ability of municipal governments to pass local anti-discrimination ordinances. The practical effect of this was to nullify ordinances found in a number of cities that afforded protected-class status in housing and employment to gay and trans individuals.Part II looks a lot like the situation in Romer v. Evans, 517 U.S. 620 (1996).[2] In that case, the Supreme Court, via Justice Kennedy, struck down a purported constitutional amendment that would have prohibited local governments in Colorado from establishing local anti-discrimination ordinances. “Amendment 2” in that case read:No Protected Status Based on Homosexual, Lesbian, or Bisexual Orientation. Neither the State of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian or bisexual orientation, conduct, practices or relationships shall constitute or otherwise be the basis of or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination. This Section of the Constitution shall be in all respects self executing.In considering the case, Justice Kennedy wrote:The Fourteenth Amendment’s promise that no person shall be denied the equal protection of the laws must co exist with the practical necessity that most legislation classifies for one purpose or another, with resulting disadvantage to various groups or persons. Personnel Administrator of Mass. v. Feeney, 442 U.S. 256, 271–272 (1979), F. S. Royster Guano Co. v. Virginia, 253 U.S. 412, 415 (1920). We have attempted to reconcile the principle with the reality by stating that, if a law neither burdens a fundamental right nor targets a suspect class, we will uphold the legislative classification so long as it bears a rational relation to some legitimate end. See, e.g., Heller v. Doe, 509 U.S. [312, 319–20] (1993) (slip op., at 6).517 U.S. at 631.The Romer case began in the state courts of Colorado, and Justice Kennedy placed substantial weight on the interpretation of its purpose by the Colorado Supreme Court (which rejected the provision on federal constitutional grounds, which is why the U.S. Supreme Court agreed to hear the state government’s appeal):The immediate objective of Amendment 2 is, at a minimum, to repeal existing statutes, regulations, ordinances, and policies of state and local entities that barred discrimination based on sexual orientation.Evans v. Romer, 854 P.2d 1270, 1284 (Colo. 1993). Ultimately, the United States Supreme Court followed the Colorado Supreme Court in concluding that the provision was enacted out of “animus”:A second and related point is that laws of the kind now before us raise the inevitable inference that the disadvantage imposed is born of animosity toward the class of persons affected. “[I]f the constitutional conception of ‘equal protection of the laws• means anything, it must at the very least mean that a bare . . . desire to harm a politically unpopular group cannot constitute a legitimate governmental interest.”Romer, supra at 634. Romer was also cited extensively by the Obergefell v. Hodges court last year. ___ U.S. ___ (2022).It does look like some efforts were made to distinguish the legislation here from Colorado’s “Amendment 2” were made. Conspicuously missing from the legislation is any definition or mention of “orientation”. I assume that this was probably done to make it more difficult to suggest that the law was enacted out of “animus”. And indeed, it’s not an unreasonable contention, by itself, to suggest that "laws and obligations consistent statewide for all businesses, organizations, and employers doing business in the State will improve intrastate commerce", H.B. 2, preamble.Since the transparent purpose of the bill was to invalidate these local non-discrimination ordinances, the same result as was desired by the anti-gay politicians in Romer, the only question is whether the assertion that local regulations are inconsistent with a rational purpose of promoting uniformity of state law will be found to be sufficient to overcome its discriminatory effects, which may require the development of a record. Romer was decided on findings of fact made by the Colorado Supreme Court (usually the Supreme Court, when reviewing a case, sits only in appellate jurisdiction). In Perry v. Schwarzenegger (later Hollingsworth v. Perry), Judge Vaughn in the Northern District of California held a trial at which various facts were offered as to the good faith of the legislation (Proposition 8, in that matter). 704 F.Supp.2d 921 (N.D.Calif. 2010)[3] This decision should have significant precedential value with regard to the appropriate procedure to use. However, I think it’s overwhelmingly likely that the Legislature’s sudden interest in statewide uniformity, coupled with the fact that here, as in Romer, already-existing local ordinances were abruptly invalidated, will cause that part of the bill to be found unconstitutional.I believe Part I is more likely than not to be invalidated, but regrettably I cannot be as optimistic about the “bathroom bill”, since this wanders into uncharted territory with regard to the proper standard of deference (does this get “rational relationship” or “intermediate scrutiny” treatment?). The plaintiffs have attacked Part I with two theories—first, that with regard to educational institutions specifically, the law is in conflict with Title IX. The federal government has taken the position that accommodations for trans people is required by Title IX. (“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”[4]). Even federal regulations, if properly enacted, may trump state law under the supremacy clause. The federal government has also expressed that it believes Title IX is applicable (though this only helps students, not users of other public facilities). To the extent that the bill applies to facilities covered under Title IX, the challenge has substantial merit (though the remedy might be to strip North Carolina of federal funds rather than to invalidate the bill).The Fourteenth Amendment challenge, which would render unconstitutional the entire bill, is the hardest part to call. This Act is obviously discriminating against trans people as a class, there is, however, substantial murkiness about how to put that class in the “protected class” regime. Typically, legislation making classifications must pass a “rational relationship” to the government’s interests but this isn’t a high burden, and the case law establishing the higher “intermediate” or “strict” scrutiny does not, as yet, include sexual orientation or gender identity as a class. So if the State characterizes the inquiry as to one about a generic classification, it only has to point to a “rational relationship.” Cf. Romer, supra, Heller v. Doe, 509 U.S. 312, 319 (1993). Justice Kennedy, in a line of cases starting with Romer, has said things like “we insist on knowing the relation between the classification adopted and the object to be attained” (Romer, 517 U.S. at 632), and in Windsor and Obergefell, has expressed offense at the notion that gay people are essentially made second-class citizens by this type of legislation. However, he has resisted signing on to the notion of adding new “protected classes” such that heightened scrutiny would apply. Gender identity is a relatively new thing in the legal world. While I have little doubt that Justice Kennedy would vote to invalidate Part II of H.B. 2, and I think probably Part I as well, I don’t know for sure if he would think it too much of a novelty to invalidate Part I based on the idea that it discriminates against trans people as a class.Another approach is to characterize the bill as plain sex discrimination. The cleanest reading in a typical case (say, a Title VII case where a trans person is suing for being discriminated against) would be to say that the "intermediate scrutiny" test should apply because it’s actually facial sex discrimination. In other words, sexual identity can be no different a type of class from sex itself because by treating a trans woman differently from a cis woman on the theory that the trans woman is “male” is essentially treating men different from women, and that requires intermediate scrutiny, which this bill would not pass. The plaintiffs have cited Price Waterhouse v. Hopkins, 490 U.S. 228 (1989) for the proposition that discriminating against trans people is a form of inappropriate “sex stereotyping” (granted, Price Waterhouse dealt with Title VII and an equal-employment-opportunity claim so it may not be perfectly on point) and a very recent Fourth Circuit decision, G.G. ex rel Grimm v. Gloucester Co. Sch. Bd., ___ F.3d ___ (19 April 2022. (a Title IX case holding that a Virginia trans boy’s rights were affronted by his school not letting him use identity-appropriate dressing rooms).The problem with taking the “this is sex discrimination on its face” approach in this particular case (in, say, employment, it’s a powerful argument) is that gendered bathrooms are an entrenched tradition in the U.S., and preserving gendered bathrooms as a thing is said by its supporters to meet the plausibly “substantial” goal of protecting other citizens• prior expectations of privacy. The court may be leery of a ruling that would be interpreted as abolishing gendered bathrooms entirely, and we might be left begging the question of who is a “woman” or a “man”.So ironically even though I’m fully for the proposition that identity be considered a protected class (and the same goes for sexual orientation), the challenge might be more successfully stated as discrimination against trans people as a subclass, because the animus against them is more easily shown, rather than a reflection of general sex discrimination. The plaintiffs are attempting to show that the bill is not rationally related to its stated goal of “protecting privacy”, but this might again require findings of fact, and there are many legislative-review cases that will just take “findings” made by the legislature as gospel and punt the issue as a “political” one.The original complaint is here: http://media2.newsobserver.com/c.... An amended complaint was filed on 21 April and a motion for preliminary injunction is pending, with the State’s response due on 9 June. If I can figure out how to post the plaintiffs• brief in support of the preliminary injunction (which I used in part to write this answer), I will add it. It’s document 22 in PACER, M.D.N.C. No. 1:16 CV 236 if anyone wishes to go look it up, it will cost $ 4.60 in PACER fees though.Thanks for the A-to-A, Annika Peacock, sorry it too so long to get back to this but I wanted to actually research it a bit.Footnotes[1] http://www.ncleg.net/Sessions/20...[2] Romer, Governor of Colorado, et al. v. Evans et al., 517 U.S. 620 (1996).[3] Perry v. Schwarzenegger[4] Title IX and Sex Discrimination
If the governor of North Carolina needed to fill a vacant Senate seat, who would he choose to fill it?
Someone who swears he’s a great Christian, has a perfect family, great experience. When filled, he’ll be another confederate from an otherwise beautiful state.
How much does Uber charge passengers for a ride?
In 2022 the answer is not so simple. There are five main types of cars you can request, each with different pricing, and pricing also varies by city. Surge pricing also applies when demand for rides exceeds supply.uberX: "The low-cost Uber" seats 4. In San Francisco the fare is $2.20 plus $0.26 per minute plus $1.30 per mile. In New York City the fare is $3 plus $0.40 per minute plus $2.15 per mile.uberXL: Seats 6. In San Francisco the fare is $5 plus $0.45 per minute plus $2.15 per mile. In New York City the fare is $4.50 plus $0.60 per minute plus $3.25 per mile.uberTAXI: A normal taxi ride, except requests and payment are done via Uber. You pay standard cab fare, plus an automatic 20% gratuity, plus a $1 booking fee.UberBLACK: A chauffeured (certified limo) sedan that seats 4. In San Francisco the fare is $8 plus $0.65 per minute plus $3.75 per mile. In New York City the fare is $7 plus $0.65 per minute plus $3.75 per mile.UberSUV: A chauffeured (certified limo) SUV that seats 6. In San Francisco the fare is $15 plus $0.90 per minute plus $3.75 per mile. In New York City the fare is $7 plus $0.65 per minute plus $3.75 per mile.In Los Angeles, there is also the UberLUX service which is another tier up from UberBLACK. There, the fare is $20 plus $0.60 per minute plus $5 per mile (versus $8 plus $0.45 per minute plus $3.55 per mile for UberBLACK).The uberPOOL service matches two riders going in roughly the same direction in an uberX car, giving you a discount on the normal uberX fare depending on how close the two pickup and destination points are. As of this posting the $7 uberPOOL Rides promotion is still going on in San Francisco, which is a good way to get around surge pricing within the city (the drivers are still paid the full amount).
Can you get a divorce with out going to court? If so, how?
Sort of. In the way most people imagine “out of court” to be, the answer is yes.In Nevada, you and your ex would prepare a joint-petition, which basically stipulates the details that will be in the divorce decree (division of assets, debts, etc.) You would both sign and file the joint-petition with the Court. In this sense, you are actually “in the court system”, but you will probably not have to attend a hearing and stand before a judge, because usually joint-petitions are summarily granted. Once signed by the judge, it becomes a binding, enforceable court order, only without all of the stress of going to a hearing and addressing the judge in person. In this sense, it is pretty consistent with what most people mean by “out of court.”If you have children, you may still end up going before a judge if the joint-petition does not satisfy all of the relevant details associated with child custody, visitation, and child support, in a way that is consistent with the law. If this happens, usually the hearing is brief and the judge works with both sides to iron out all of the necessarily details that were left out of the joint-petition, so its still a rather low key, low stress ordeal (compared to a contentious divorce.)
Why are court costs added to a traffic ticket that is not contested in North Carolina?
“Why are court costs added to a traffic ticket that is not contested in North Carolina?”I am not an attorney.A litigant pays court costs assessed, if the rules say so. The rules are set and in place for very many reasons (mostly academic). In some instances, you may ask for a waiver, and if the judge feels like it, he might waive it for you. Some judges and some courts have more discretion than others. Your chances of benefitting from said discretion increases with how you comport yourself, dress, diction (sorry but skin color may cause negative reaction and correlates with increases in fines paid. Take said comments with a lot of salt.).You may take the contents of this answer as lightly or as seriously as you wish. However, you would be best served avoiding traffic tickets.
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