Using Affirmative Defenses in Idaho Family Law Cases under IRFLP 209: Definitions and Examples
Affirmative defenses are legal arguments presented by the defendant in a case. They assert that, even if the plaintiff's claims are true, the defendant should not be held liable for various reasons. These defenses require the defendant to present evidence supporting their claims. In family law cases in Idaho, affirmative defenses can be used to counter claims related to divorce, child custody, support, and other family matters. Defense by Nick Youngson CC BY-SA 3.0 Alpha Stock Images How and When are Affirmative Defenses Used?: - Pleading…
Who Gets What When Someone Passes Without a Will in Idaho
In Idaho, intestacy laws determine how a person's estate is distributed when they pass away without a valid will. The distribution of assets depends on various factors, such as the deceased person's marital status, whether they have children, and whether their parents or other close relatives are alive. Here is a general overview of how the inheritance would be distributed under Idaho intestacy laws (decedent means the person that passed away): 1. Surviving Spouse: - If the decedent has no surviving children, parents, or siblings, th…
Data Meets Employee: Just-In-Time Scheduling
Data can be really useful for making the most of a company’s time and resources. It can lead to safer work flows, better regulation compliance, understanding improvement, minimizing risk, and measuring actual progress toward goals. With labor often an employer’s highest expense, data addressing employee habits and peak labor needs can help sew a strong thread of efficiency in day to day operations. With all the benefits that can come from modern data collection, data can also be viewed as over-intrusive, pressurizing, complicating, and lackin…
Tenant Protections During an Eviction in Idaho
Image by James Thompson on Flickr CC BY 2.0. In Idaho, eviction proceedings are called “unlawful detainer actions.” Idaho tenants are generally unable to withhold rent for any reason. If a tenant does fall behind on rent payments or violates other lease provisions, there are certain protections afforded under the law. Here are several things to keep in mind: 1. Expedited proceedings are only available for claims of non-payment of rent, drug activity, or tenancy at sufferance. I.C. 6-310 allows for a court date and decision within 12 days of fi…
Stalking Protections in Idaho
Being on the receiving end of unwanted intimidation, surveillance, or communication can affect every moment of the victim’s life. But how does the everyday understanding of stalking differ from federal and state legal definitions? How is stalking combated in rural communities? What protections exist for stalking victims? Federal Stalking Definition Given the federal government’s constitutional authority, 8 U.S.C. § 2261A focuses on interstate acts that have “the intent to kill, injure, harass, intimidate, or place under surveillance with in…
Can my landlord evict me via trespass in Idaho?
If you are a tenant in Idaho, you are expressly exempt from being trespassed off the rental property you occupy. Idaho Code 18-7008 states in part the following: Every person who willfully commits any trespass, by either . . . (8) Every person, except under landlord-tenant relationship, who, being first notified in writing, or verbally by the owner or authorized agent of the owner of real property, to immediately depart from the same and who refuses to so depart, or who, without permission or invitation, returns and enters said property withi…
Don’t Overlook Idaho Code 55-208 and 55-307 in Landlord/Tenant Law
In my opinion, Idaho Code 55-208 and 55-307 are the most overlooked statues in landlord/tenant law in Idaho. Typically, people go straight to Idaho Code title 6 chapter 3 when looking for answers to landlord/tenant issues. While that chapter includes key provisions regarding eviction, repair, and security deposits, 55-208 and 55-307 address two key situations that happen perhaps more regularly than all those situations combined. Idaho Code 55-208 55-208. TERMINATION OF TENANCY AT WILL. A tenancy or other estate at will, however created, m…
Legal Business Marketing: Viral Videos and the Legal Advertising Paradigm
Legal advertising has a standard format that is problematically recognizable. Since the flood gates were open to attorney and law firm marketing in 1977, massive amounts of money and time have been invested into soliciting clients. Though the Court’s intent in allowing such advertising was for public good, many feel as though the law and legal profession as a whole has taken a black eye from this new found ability to advertised. This essay aims to examine the current form of legal business advertising, how it was developed, and how it might su…
Grandparent “Keys to the Courthouse” in Idaho
When assisting grandparents with concerns about the custody and wellbeing of their grandchildren, there are more options in Idaho other than seeking a guardianship. As explained by the Idaho Supreme Court in Overholser v. Overholser , 164 Idaho 503, 432 P.3d 52 (2018) , grandparents in Idaho hold several “keys to the courthouse” in such situations: "Magic Keys" by cogdogblog is licensed under CC0 1.0 The De Facto Custodian Act under Idaho Code § 32-1701 In certain situations, a grandparent can be deemed a de facto cus…
Save the Cheerleader: Employees or Independent Contractors?
“They think it’s a joke, ‘Oh, these little cheerleaders.’ ” Lacy Thibodeaux Recent accounts of life as a professional cheerleader in the NFL have been anything but glamorous. As a former Oakland Raider cheerleader explained , she was paid $125 a game at the end of the season while being expected to pay for cosmetics, expensive hair treatments, and travel costs out of pocket. Court documents from a 2009 case included a Baltimore Ravens handbook requiring cheerleaders to maintain “warm skin tones” with possible suspensions based on weight viol…
Casting with a Broader Net: A Classroom of Stereotypes
The third in a series of three about the use of race in affirmative action. Having found that classroom diversity is a compelling government interest, the court battle going forward seems to center on the “narrowly tailored means” used to implement a diversity objective. To achieve diversity that is not centered in race requires an admission processes that looks at a diverse set of signifiers. If race is used as a factor, it must be done so only after making a good faith effort to achieve diversity with race-neutral methods.[1] The Fisher …
Casting with a Broader Net: Diversity in the Classroom as a Compelling Government Interest
The second in a series of three about the use of race in affirmative action. Building upon the rulings in Bakke and Grutter , the Fisher Court made it clear that achieving a diverse student body is a compelling government interest and a constitutionally permissible goal for a university. In analyzing a university’s pursuit of diversity, the Court has given a liberal amount of deference to the educational institution’s own judgment, though such decisions do need to be within reason.[1] This deference includes not only recognizing a need fo…
Casting with a Broader Net: Race-Neutral Diversity in Higher Education
The first in a series of three about the use of race in affirmative action. In 1978 Justice Blackmun wrote “I suspect that it would be impossible to arrange an affirmative-action program in a racially neutral way and have it successful.”[1] He went on to reason that “[i]n order to get beyond racism, we must first take account of race. There is no other way.”[2] The Court’s ruling on college admissions affirmative action in Fisher v. University of Texas at Austin attempts to walk a nonexistent line between Justice Blackmun’s ideas.[3] By find…
