FREE SC Bar State-Specific Law Questions and Answers
Under South Carolina law, what is the legal requirement for a valid contract to convey real estate?
South Carolina law requires that contracts for the sale of real estate must be in writing and signed by the parties to be enforceable. This requirement is part of the Statute of Frauds, which aims to prevent fraud and ensure that real estate transactions are documented clearly.
What type of deed is typically used in South Carolina to convey property with no warranties of title?
A quitclaim deed is used in South Carolina to transfer property with no warranties of title. The grantor conveys whatever interest they have in the property, but does not guarantee that the title is clear or free from defects.
In South Carolina, what is the statute of limitations for bringing a personal injury claim?
South Carolina law generally provides a 3-year statute of limitations for personal injury claims. This period begins from the date the injury occurred or was discovered. It’s essential to file the claim within this time frame to ensure it is not barred by the statute of limitations.
In South Carolina, what is the primary legal standard used to determine negligence in a civil case?
In civil cases in South Carolina, as in most states, the standard of proof is "preponderance of the evidence." This means that to prevail on a negligence claim, the plaintiff must show that it is more likely than not that the defendant was negligent.
Under South Carolina law, what is the primary method for resolving disputes over the distribution of an estate when there is no will?
In South Carolina, if a person dies without a will (intestate), the distribution of their estate is governed by South Carolina’s intestacy statutes. The probate court oversees the distribution of the estate according to these statutes, which specify how the estate should be divided among the deceased’s heirs.