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Idaho Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Internet Law, Civil Rights and Communications Law for Idaho on
Q: Installing custom firmware on public library computers.

I have a relative who works at a public library in Idaho. A patron was caught installing custom firmware on the public library computer, he was asked to leave and got aggressive, the police were called. The police told my relative that because no ones information was stolen yet, the patron... View More

James L. Arrasmith
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answered on Feb 5, 2024

If a patron was caught installing custom firmware on a public library computer, this action could potentially violate several laws or regulations concerning the misuse of public property, computer tampering, or unauthorized access to computer systems. Even if no personal information was stolen, the... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Idaho on
Q: When a policeman don't have permission or a warrant, they're not to just walk up on private land (Which the person has

total permission to be there napping in their car to seeing a vape pen for TCB (thc and tcb look the same exact) claiming the name inscribed on the battery portion, was way good enough for allegedly claiming there is now enough for probable cause, asks you to step outta the vehicle pulling you out... View More

James L. Arrasmith
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answered on Jan 21, 2024

Under the Fourth Amendment, individuals are protected from unreasonable searches and seizures. This means that a police officer generally needs a warrant to search private property, including a vehicle, unless certain exceptions apply. These exceptions might include situations where there is... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: My stepdad just broke my Xbox and my mom sold my other one, both of which I bought, do they need to pay for a new one
James L. Arrasmith
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answered on Dec 17, 2023

Yes, your parents should be responsible for replacing the Xbox consoles that you personally purchased and owned, which they broke and sold without your consent. Here are a few key reasons why:

• If a minor child buys property with their own money, they are the lawful owner. Parents do not...
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1 Answer | Asked in Divorce, Civil Litigation and Family Law for Idaho on
Q: I'm a disabled woman with an income of less than $1000. per month. My husband makes $6000 and cut his money off.

I need to know what my legal rights are. I can't afford a divorce although I have to have some kind of legal separation. What am I entitled to? He had his check rerouted.

T. Augustus Claus
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answered on Jul 6, 2023

Divorce and legal separation involve the division of marital assets, spousal support, and other related matters. If you're unable to afford a divorce, you may be eligible for assistance programs or legal aid services that can help you navigate the process. You may be entitled to a fair... View More

1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Idaho on
Q: I am caring for my mother in law with dementia. If she causes injury to another can I be held liable?

I am not a legal guardian, etc. just helping out. I've disabled her van to keep her from driving, but she says she is going to ride her wheelchair to town-multiple miles on a state highway. I am worried that if someone else is injured while she does something stupid like that, can I be held liable?

Mark A. Siesel
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answered on Apr 17, 2023

Based upon the facts as you have presented them, I do not see a basis for direct liability, or for what is known as "vicarious liability", such as if you had a child, he used your car with your permission, and injured someone. Thus, I believe that there is no legal responsibility on your... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Civil Litigation for Idaho on
Q: Police harassment file a civil lawsuit and sue for damages

I was pulled over on a highly bs traffic stop. So much so that my case is being dropped. The reason I was pulled over was because I was from oregon in idaho late at night. I've had several people comment on the fact that they were disappointed that they didn't find more Marijuana because... View More

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

The question, the ONLY question is . . . did the officer have a "reasonable suspicion" that the driver of the car (son) had done something that the officer could give him a citation for? If the answer to that question is "yeah, the cop said my son was speeding but he never even gave... View More

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Idaho on
Q: A price was agreed on regarding purchase of a dog. I paid price. She won't give me the dog. Does she owe me the dog?

Original asking 200, I said I could not afford that. She asked what I could afford, I said my max limit was 100.00. she said she was okay with that. I said okay and paid the 100.00. she said she would deliver the dog. Several hours later she insisted I send her another 100 because she took dog to... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

She owes you $100, period. She proposed what we call a "counter offer," i.e., you get the dog if you pay $100 + cost of rehoming etc. This "counteroffer" was NOT accepted by you. The only offer and acceptance of that offer, was your acceptance of her offer to sell the dog to... View More

1 Answer | Asked in Civil Litigation, Elder Law and Family Law for Idaho on
Q: We believe that my 93 year old father in law is being co-erced by his live in girlfriend.

He has given her power of attorney, gave her all of his bank accounts to her , and changed his Will by removing his daughter as executer and his son as co-executer. Replacing them with his girlfriend and her daughter. Now he has stopped calling and she refuses to give him any messages when we... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

You have the right to step in and be concerned. The problem with Powers of Attorney is that they are easily drawn and signed, by the weak and feeble. A much more stable, unalterable instrument to have when your loved ones need help, is a Guardianship / Conservatorship. Nobody is able to get a... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: My grandson's Allstar little league coach rarely played 3 Allstars in Cal Ripken baseball tournaments over the summer.

We spent several thousand dollars for equipment, gas, motel reservations, food, etc. over the summer to see these kids sit on the bench on an Allstar team that required tryouts. The coach also told fans where they could or couldn't sit and stand to watch the games. Because I had a run in with... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 26, 2022

A "case" for what? Not playing your grandson? Nope. The coach has "discretion" to play anyone he wants. The "remedy" you have is social media and hope the "powers that be" don't hire him next season. Sorry there's not more you can do. It sucks, I know.

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Idaho on
Q: What can realtors tell people?

If a real estate deal falls through, can the realtors you have say things to people about you? I had a real estate deal fall through and the realtor is saying horrible things about me now to a big social network we are all part of.

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

While this is not per se illegal, it is unwise. By disclosing information on social media, the RE officer can "defame" you; that is, if the RE agent discloses her "opinion" of you, that's not objectionable, except to you personally. Every human being is judged, based on... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Idaho on
Q: I owned a manufactured home but rented space what can I do if ex landlord did repairs, listed my home for sale, and sold

My home for 75000 with it still in my name. Prior to this I had it sold until landlord interfered and realtor eventually had to pull away because of his interface and she became scared of him and I have emails stating this. What can I do ? Cuz no one in my small town will help me.

Kevin M Rogers
Kevin M Rogers
answered on Feb 17, 2022

Let me make sure I understand your facts:

1. You owned a manufactured home and leased the land underneath it?

2. You offered to sell your M home but the ex landlord interfered with the sale of it and now the realtor you had won't list your property because she is now afraid...
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1 Answer | Asked in Civil Litigation for Idaho on
Q: I am an unrepresented. No action filed. Can I cc the opposing party with a letter being sent to that party's attorney?

In a matter where no action has yet been filed in court, I am unrepresented, and the opposing party is represented by an attorney. I am about to send my final demand for resolution to the attorney. Is there any law that prohibits me from sending a copy of my written demand for resolution directly... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

Yes, it is unethical to communicate with a party who is represented by counsel. Representing yourself, you are held to the same standards of conduct as any other attorney would.

Idaho Rule of Professional Conduct 4.2 states:

RULE 4.2: COMMUNICATION WITH

PERSON REPRESENTED...
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1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Idaho on
Q: a Boise pawn shop sold my 1500.00 generator before the pawn ticket was due. what laws or statutes did they violate?
Kevin M Rogers
Kevin M Rogers
answered on Oct 5, 2021

It's ALL in your contract. If they broke their contract with you, you can sue them for the reasonable value of your generator, less the money they gave you for pawn, plus the money you paid in monthly payments. Good luck to you!

P.S., sue them in Small Claims Court.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Idaho on
Q: Is it against the law for a city cop to release information about me to the company i work for and then get fired for it

The cop told him a bunch of bs and I have the text messages to prove it he violated my civil rights defamation of character and slander

Kevin M Rogers
Kevin M Rogers
answered on Oct 12, 2021

If the cop was a "citizen" and not a cop, the question would be the same: can someone tell a potential employer information, which later serves as grounds for the company to fire an employee for fault? The answer is: yes.

A better question would be: can someone slander an...
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1 Answer | Asked in Consumer Law and Civil Litigation for Idaho on
Q: I bought a car with my boyfriend and he left me and took the car. I am the first signer. Can I just go get the car?

I paid the down payment and some of the car payments, the registration and repairs.

Kevin M Rogers
Kevin M Rogers
answered on Nov 17, 2020

Nope. You were the first signer on the LOAN, right? Your name is or is not on the title? If your name IS on the title as a "co-owner," then you have as much right as he does to possess your car. However, how the car is titled is a big deal in Idaho. If you haven't paid the car... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: I’m fearful I cannot defend myself to continue motion for CPO What is your advice

A petition for a CPO was granted to me but to continue the CPO I need to go to court This is for intimidation and harassment by person who unlawfully entered my apartment and is trying to intimidate me to tell the courts I lied and drop the charges The intimidation and harassment has been ongoing... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 9, 2020

The person who is harassing you is REALLY CLOSE TO being charged with a Felony, entitled "Intimidation of Witness," and if he comes anywhere near you, I would notify the police immediately. He cannot legally harass you or bother you because you have testimony that will hurt him.

1 Answer | Asked in Civil Litigation for Idaho on
Q: Does this mean no Motion for Summary Judgement will be allowed by either party?

I am the Plaintiff. My attorney cancelled mediation and told me the court required a Motion for Summary Judgement must be filed. The Defendant filed an MSJ before my attorney. At a Motion to Continue hearing the result was an Order "to Vacate and Mediate".

Two hearings set for... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 13, 2020

It is difficult to second-guess attorneys or their strategies. Since the Rules of Evidence and Procedure to not allow for "trial by ambush," all trial exhibits and evidence intended to be used by either side must be disclosed some months before trial. Having received a list of this... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: If I sign the service notice that came with the petition, is that just an acknowledgement and does not waive my 21 days?

The petition is in Idaho. I live in Tennessee. The petition says I live in Georgia. I intend to answer with objection to the clause that there are no assets to divide and no support to continue to be paid.

Kevin M Rogers
Kevin M Rogers
answered on Jul 28, 2020

Correct. You'll start your 21 days on the day AFTER you sign the acknowledgement of service.

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and DUI / DWI for Idaho on
Q: DUI and Injury to child Dismissed with prej. my kids taken 3 times license 2 times cps got involved police said immenant

Police filed immenent danger to cps without giving me time to find them some one to pick them up from school. pulled over at 1030am. no kids in car. in jail I contacted kids step sister parents and they were gonna pick them up. cps said no and picked them up because police said there in imminent... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 6, 2020

Police didn't HAVE TO take the kids. Police COULD HAVE allowed you to pick them up or actually HELP you find a family member who could pick the kids up, BUT THEY DON'T HELP! THEY PUNISH and PUNISH and PUNISH you! YOU'RE A BAD DAD!! WE'RE GOING TO EVENTUALLY LET YOU HAVE YOUR... View More

1 Answer | Asked in Small Claims, Criminal Law and Civil Litigation for Idaho on
Q: I have no proof of who damaged my vehicles, but I know who it was, what do I do?

April 12, 2020 around 11 pm, i heard noises outside of my house, this morning when I came outside both of my vehicles had damages to them, one has a broken windshield, and the other has a big dent in the side by the front door, I know it was an ex boyfriend and his friends, but I have no proof.

Kevin M Rogers
Kevin M Rogers
answered on Apr 13, 2020

That’s tough! But if your ex had someone else with him it MIGHT be possible to get him to talk or overhear him talking or ask people who are mutual friends if they wouldn’t mind keeping an ear to the conversations. If you did get someone to talk, you could offer them immunity if they will tell... View More

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