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Idaho Questions & Answers
1 Answer | Asked in Medical Malpractice for Idaho on
Q: Do pharmaceutical errors fall under medical malpractice law?
J. Grady Hepworth
J. Grady Hepworth
answered on Oct 8, 2018

In Idaho there are very specific statutes related to "Medical Malpractice" that only apply to "physicians" "surgeons" and "licensed acute care general hospitals" as those terms are defined under Idaho law. Typically, most pharmaceutical errors fall are... View More

3 Answers | Asked in Personal Injury for Idaho on
Q: My kid was injured while hiking - but there was a sign posted

about the dangers of the trail - can we still get some medical bills covered?

J. Grady Hepworth
J. Grady Hepworth
answered on Oct 8, 2018

You may be able to seek damages from personal injury depending on where your child was injured, and what caused his injuries. Different laws apply depending on whether the trail was public property or private property, and more information is needed to answer this question. Consider contacting... View More

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1 Answer | Asked in Criminal Law for Idaho on
Q: Living with parents, kick me out. Wouldn't give me my stuff. I broke in, took 4wheeler and stuff. Did I break the law?

I took the 4wheeler to carry my stuff, had key in it. Tried to give it back.

Kevin M Rogers
Kevin M Rogers
answered on Oct 2, 2018

Yes you broke the law and could be prosecuted for grand theft and burglary. The minute you moved out you lost the opportunity to “use” things belonging to your folks. Your parents may be uninterested in receiving the 4-wheeler back because they have already spoken to the police and don’t know... View More

2 Answers | Asked in Contracts for Idaho on
Q: wondering if an oral contract is still legally binding in Idaho as of today, everything I'm finding online is outdated
Kevin M Rogers
Kevin M Rogers
answered on Oct 2, 2018

An oral contract is legally binding with any kind of contract with one exception - the sale or purchase of real property.

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2 Answers | Asked in Bankruptcy for Idaho on
Q: Filed ch 13 recently but case has not confirmed yet. We're wanting to sell our home and use the equity

To pay necessary debts included in the 13 and move

Timothy Denison
Timothy Denison
answered on Sep 16, 2018

Make a motion to voluntarily dismiss the bankruptcy and then you will be free to do so.

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1 Answer | Asked in Immigration Law for Idaho on
Q: Can I renew my license with the I-797 notice action in Idaho?

My license is about to expire in 7 days and I need to renew my license to be able to drive to work.

Jordan C. Moody
Jordan C. Moody
answered on Sep 13, 2018

The I-797 notice of action is the same title for all government receipts, so more information is needed. Reach out to an attorney in your area. Some of them offer free consultations. This answer will depend on the type of application you have filed.

1 Answer | Asked in Criminal Law and Wrongful Death for Idaho on
Q: 3 kids home alone all under 7 yrs. old, Only 1 child survived. No charges were filed. 1yr later the survivor tells her

therapist that brother started fire and the mom was not home. Is the therapist mandated to report the incident?

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2018

Not generally--it's a likelihood of imminent harm that triggers it. Unless the survivor is a minor and is at risk, I don't see it and at this point you know and you may report it if the survivor is still a minor.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Can trustee come after our home almost a year after the BK discharge? Is there no statute of limitation?

BK was discharged late 2017. We have a property in Mtn Home that the title company made a clerical error on recording the deed and so the trustee was going after that house before the BK discharge. We went to the trustee hearing and he mentioned nothing regarding the home we are living in. Almost a... View More

Timothy Denison
Timothy Denison
answered on Aug 31, 2018

You need to hire a competent bankruptcy attorney to defend this action. If there was no fraud on your part or on the petition, you can likely prevail.

1 Answer | Asked in Criminal Law for Idaho on
Q: Does Idaho follow meritime laws or laws of the republic?
John Bulger
John Bulger
answered on Aug 21, 2018

Idaho follows the laws promulgated by its legislature. If you are hoping to challenge a court’s jurisdiction over you premised on maritime or other laws, you will be wasting your time.

1 Answer | Asked in Employment Discrimination and Employment Law for Idaho on
Q: Can gossiping be considered working in hostile enviroment. If it both me to the point go seek medical help to cope
Michael Hales
Michael Hales
answered on Aug 20, 2018

If it's sufficiently severe, then yes, it would be actionable. The question is whether the gossiping would be objectively hostile. You'll want to review the facts with an attorney.

1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on
Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

My idea for a nonprofit allows victims/survivors regarding an alleged sexual crime to enter information online into a database (database is not available for public access). If a second (or more) survivor submits an alleged sexual crime and the information matches that of of another alleged... View More

Michael Hales
Michael Hales
answered on Aug 3, 2018

There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

1 Answer | Asked in Real Estate Law for Idaho on
Q: I have a property in idaho that I bought 16 years ago. Prior it was owned by another family for at least 40 years.

They long ago put up a fence to keep in their cows. This fence has been in place for over 50 years. According to a fairly new neighbor( 6 years) who borders me, he did a survey recently and claims the pins are different by as much as 18 feet. He wants to take down the historic fence and build a... View More

Mark R Petersen
Mark R Petersen
answered on Jul 30, 2018

Idaho law recognizes fences that have been the boundary of adjoining properties for a long period of time as the property line. To establish fence line and property ownership there must be a (1) disputed boundary, (2) uncertainty or ignorance of the true boundary line, (3) and an agreement... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Should I obtain a lawyer in Ca. or Idaho ?

My brother has embezzled over $130,000 from our mother's trust, over a 4-5 year period. He WAS the Trustee, and worked as a financial advisor, I am the beneficiary. He has since revoked his trusteeship, and I have the POA . He has been arrested in Chino, Ca. (re-file pending, needing more... View More

Mark R Petersen
Mark R Petersen
answered on Jul 30, 2018

If the Trust's location is Idaho and the funds were embezzled in Idaho, then it is likely you can pursue the case in Idaho. Idaho's "long arm statute" (the law that allows you to serve a non-resident) would determine if he can be served in California.

Determination of...
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1 Answer | Asked in Divorce for Idaho on
Q: My ex has our house from the divorce in April 2018. My name is still on the mortgage. He has started remodeling.

Does he need my consent to do this?

Mark R Petersen
Mark R Petersen
answered on Jul 30, 2018

It will depend on the language in your decree of divorce. If the decree of divorce gives the property to him outright then he would have the right to remodel the home because it is now his property. If he is required to refinance the home and clear your name off the property, he probably should... View More

1 Answer | Asked in Copyright, Intellectual Property, DUI / DWI and Products Liability for Idaho on
Q: Do officers have to release my intellectual property (images) after car is impounded? Can they hold them from me?

I was pulled over for having a license plate light out and issued a DUI. I was not arrested but car was towed and impounded, and later searched. I have contacted them several times about getting my hard drives and computer out of the car because I am a professional photographer and I'm already... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 25, 2018

Contact an attorney experienced in DUI in the county where you are charged. You'll need him for the DUI and she can advise you on this aspect. They'll work out payments.

1 Answer | Asked in Criminal Law and Federal Crimes for Idaho on
Q: i have been charged with delivery of a controlled substance but but there is no physical evidence.

have been indicted on 2 counts of delivery of controlled sub

Gary Kollin
Gary Kollin
answered on Jul 12, 2018

Obviously the prosecutor disagrees.

Time toaster up

1 Answer | Asked in Car Accidents for Idaho on
Q: Can the tow company hold your personal possessions or charge you for your personal possessions
Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2018

Generally no. Complain to the police, whoever licenses them. Then make a mental note to organize around consumer rights. Towing is a legal ripoff.

1 Answer | Asked in Traffic Tickets for Idaho on
Q: Need understanding of "it shall be painted a color other than..." - does that mean every trace of original color gone?

Schoolbus-to-RV/Van conversion. ID and IA laws say, "...shall be painted a color other than national school bus glossy yellow...". Does that mean every TRACE of yellow covered, or would it be legal to paint the bulk of the bus, say, blue (e.g., below the windows)? Ref:... View More

Kevin M Rogers
Kevin M Rogers
answered on Jun 22, 2018

As I read the statute you refer to I think it depends on HOW different your paint job looks from the original yellow. Every cop has discretion to or not to make a big deal, not to write a ticket, or to write one and even if you're technically correct, you'll still be sorry if you get a... View More

1 Answer | Asked in Child Custody for Idaho on
Q: If paid, will a lawyer make a phone call on your behalf to potentially resolve a dispute before legal action is needed?

...without technically being their "client"

Kevin M Rogers
Kevin M Rogers
answered on Jun 22, 2018

Absolutely! But the lawyer will refuse to represent to the person he calls, that he will take action or that he's been "retained," so it's arguable what good a phone call like that, even from a lawyer would do.

1 Answer | Asked in Child Custody for Idaho on
Q: In the state of Idaho. Is a custody petition legally binding once it’s been filed and served to the petitioner.

The petitioner is threatening to take the respondents son. The son is with the mother(respondent). He can’t do that without her consent correct?

Kevin M Rogers
Kevin M Rogers
answered on Jun 22, 2018

A "Petition" is simply you asking the court to do something. That's it. Nothing has been done by just filing a Petition for anything. If the father of the child has established "rights" in visitation and simply wants to exercise his rights, the mother should allow him... View More

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