Bonner County, ID Family Law Lawyers
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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James Theodore Diehl
Family Law, Criminal, Civil Rights, Personal Injury
Status: In Good Standing Licensed: 39 Years
106 Superior St, Sandpoint, ID 83864
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421 Gold Creek Road, Sandpoint, ID 83864
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LEGAL TERMS
WRONGFUL DEATH RECOVERIES
After a wrongful death lawsuit, the portion of a judgment intended to compensate a plaintiff for having to live without a deceased person. The compensation is i... (more...)
After a wrongful death lawsuit, the portion of a judgment intended to compensate a plaintiff for having to live without a deceased person. The compensation is intended to cover the earnings and the emotional comfort and support the deceased person would have provided.
ADULTERY
Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are ra... (more...)
Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are rarely prosecuted for it. In states that have retained fault grounds for divorce, adultery is always sufficient grounds for a divorce. In addition, some states alter the distribution of property between divorcing spouses in cases of adultery, giving less to the 'cheating' spouse.
PETITIONER
A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly div... (more...)
A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly divorce and other family law cases.
SPLIT CUSTODY
A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. ... (more...)
A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. This arrangement is generally disfavored by judges because they are reluctant to split up siblings.
SICK LEAVE
Time off work for illness. Most employers provide for some paid sick leave, although no law requires them to do so. Under the Family and Medical Leave Act, howe... (more...)
Time off work for illness. Most employers provide for some paid sick leave, although no law requires them to do so. Under the Family and Medical Leave Act, however, a worker is guaranteed up to 12 weeks per year of unpaid leave for severe or lasting illnesses.
RESTRAINING ORDER
An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state... (more...)
An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state. Restraining orders are typically issued in cases in which spousal abuse or stalking is feared -- or has occurred -- in an attempt to ensure the victim's safety. Restraining orders are also commonly issued to cool down ugly disputes between neighbors.
DILUTION
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurr... (more...)
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurred. In this case, trademark infringement exists even though there is no likelihood of customer confusion, which is usually required in cases of trademark infringement. For example, the use of the word Candyland for a pornographic site on the Internet was ruled to dilute the reputation of the Candyland mark for the well-known children's game, even though the traditional basis for trademark infringement (probable customer confusion) wasn't an issue.
GUARDIAN OF THE ESTATE
Someone appointed by a court to care for the property of a minor child that is not supervised by an adult under some other legal method, such as a trust. A guar... (more...)
Someone appointed by a court to care for the property of a minor child that is not supervised by an adult under some other legal method, such as a trust. A guardian of the estate may also be called a 'property guardian' or 'financial guardian.' See also guardian.
INCURABLE INSANITY
A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of... (more...)
A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of the spouse being divorced and that the insanity is incurable.
SAMPLE LEGAL CASES
State v. Payne
... For instance, in IC § 41-1325, "`immediate family member' means a parent, mother-in-law,
father-in-law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law,
daughter-in-law, or a son or daughter." IC § 41-1325(2). Likewise, in IC § 44-1601, "`[i]mmediate ...
Dawson v. Cheyovich Family Trust
... purchase price of the property was $60,000, with Dawson contributing $30,000, Jack Lee McClean
contributing $15,000, and the Cheyovich Family Trust contributing ... The interpretation of the Idaho
Rules of Civil Procedure is a matter of law over which this Court has free review. ...
Anderson v. Rex Hayes Family Trust
... Neider v. Shaw, 138 Idaho 503, 506, 65 P.3d 525, 528 (2003). This Court exercises free review
over questions of law. Id. III. ANALYSIS. ... Russ Ballard & Family Achievement Inst. v. Lava Hot
Springs Resort, Inc., 97 Idaho 572, 579, 548 P.2d 72, 79 (1976). ...
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