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Topic: Idaho Supreme Court


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  State supreme court - Wikipedia, the free encyclopedia
Under American federalism, the interpretation of a state supreme court on a matter of state law is normally final and binding and must be accepted in both state and federal courts.
Louisiana Supreme Court (formerly the "Superior Court of Louisiana" and the "Superior Court of the Territory of Orleans")
Supreme Court of Virginia (formerly the "Supreme Court of Appeals")
en.wikipedia.org /wiki/State_supreme_court   (1040 words)

  
 CATHOLIC ENCYCLOPEDIA: Idaho
Idaho is one of the Pacific Slope States, lying like a roughly shaped rudder, and stretching 485 miles south from the boundary separating the United States from Canada, with its base extending east from Oregon to Wyoming.
Idaho was admitted as the forty-fourth state of the Union on 3 July, 1890, having previously adopted its constitution in November, 1889.
The main event in the political history of Idaho was the disenfranchisement of the Mormons in 1883, but their disclaimer of polygamy in 1897 led to the restoration of citizenship to a large number of their body.
www.newadvent.org /cathen/07627a.htm   (2930 words)

  
 Nos. 98-684 and 98-706: Idaho v. United States and Hoagland v. United States - Opposition
By unanimous decision, the Idaho Supreme Court reversed.
The Idaho Supreme Court concluded that "the purpose of PWR 107 would be entirely defeated" without a reserved water right, id. at 10, and it accordingly held that "PWR 107 is a valid basis for a federal reserved water right for the limited purpose of stockwatering," id. at 11.
As the Idaho Supreme Court recognized, the rationale for PWR 107 rested, in part, on the government's need to retain title to springs and water holes in anticipation of the proposed grazing legislation that became the Taylor Grazing Act.
www.usdoj.gov /osg/briefs/1998/0responses/98-0684.98-0706.resp.opp.html   (4126 words)

  
 Library - Pathfinders - Finding Idaho Cases
Idaho has a unified court system, meaning that all state courts are administered and supervised by the Idaho Supreme Court, which is the head of the judicial branch of the Idaho government.
Idaho Supreme Court and Court of Appeals decisions for the current term are available on the State Judiciary website (www.state.id.us/judicial).
Shepard's Idaho Citations are on Lexis and Westlaw.
www.law.uidaho.edu /default.aspx?pid=66164   (1335 words)

  
 [No title]
In addition, the court agreed with the United States that "the McCarran amendment, cases interpreting it and the legislative history to it require that an adjudication be a general adjudication of all rights inter se of a river system or other source in order to obtain jurisdiction over the United States" (id. at 52a).
The State of Idaho, which initiated the stream adjudication and is a respondent to the petition for a writ of certiorari, agrees with that holding.
As the State of Idaho has explained: The practical effect of the Idaho Supreme Court's judgment is to include two sub-basins within the Snake River Basin general adjudication and to incorporate these old decrees into a comprehensive decree adjudicating all rights to the use of water within the Snake River Basin.
www.usdoj.gov /osg/briefs/1988/sg880152.txt   (1818 words)

  
 Meuleman Mollerup, LLP - High Court Decision Builder Impact   (Site not responding. Last check: 2007-10-31)
The unusual feature of the case is the Court’s treatment of the illegality of the “contract.” The issue was not raised by either party and, therefore, not considered by the trial court.
Once more the Supreme Court has ruled that it is quite easy for a contractor and subcontractor to reach an agreement with no clear mutual understanding as to the nature, scope or price of the work to be performed, and with no written contract in place.
In its decision, the Supreme Court specifically indicated that its decision did not apply to a situation where the governmental unit refused to pay based upon the illegal conduct of the general contractor and an unlicensed subcontractor in performing work on the project.
www.lawidaho.com /high_court_builder_impact.html   (869 words)

  
 Idaho News - The Idaho Statesman - Always Idaho   (Site not responding. Last check: 2007-10-31)
The Idaho Supreme Court ruled Monday that the state constitution does not limit the power of the Legislature to close committee meetings, rejecting an argument by the Idaho Press Club and other groups that framers intended all lawmaking proceedings to be conducted publicly.
But in a 3-2 decision, the Idaho Supreme Court upheld 4th District Judge Kathryn Sticklen of Boise, who had determined the framers of the Idaho Constitution intended only the general sessions of the House and Senate always to be open, not the committee hearings.
Idaho Press Club President Betsy Z. Russell, a reporter for The Spokesman-Review newspaper's Boise bureau, said the media group was disappointed in the decision, but hoped it would serve as a catalyst for amending the Legislature's rule to provide for more openness.
www.idahostatesman.com /apps/pbcs.dll/article?AID=/20060321/NEWS06/603210381   (741 words)

  
 Idaho Supreme Court hopeful expects courts to play role in water disputes
TWIN FALLS, Idaho -- A temporary agreement is keeping a dispute between groundwater pumpers and surface water users out of the courts for another year, but it may be inevitable that the matter will eventually be decided by judges, a future Idaho Supreme Court justice says.
But Jones said the Supreme Court should be well positioned to consider the complex issues involving state water law.
That awareness was heightened when the state Supreme Court in 1999 ruled that the federal government was entitled to a water right in three wilderness areas -- a ruling the court later reversed after Chief Justice Cathy Silak lost her seat on the court to Justice Dan Eismann.
www.uswaternews.com /archives/arcrights/4idahsupr6.html   (623 words)

  
 Supreme Court of Idaho
His widow testified, and the court so found, that there was no discussion as to the date the policy would become effective, and that she expected that it was effective immediately.
By this holding the Supreme Court of Idaho is subscribing to the theory known as 'temporary contract of insurance.' The conditional premium receipt created a temporary contract of insurance subject to a condition, i.
Idaho Mutual Benefit Association, 65 Idaho 408, 145 P.2d 227 (1944), so, where the insurer does not inform the insured of what he is obtaining beyond the statement that he is "covered," any limitations later put forth by the insurer must be construed against it.
www.law.uh.edu /faculty/SChandler/Insurance/Materials/putzier.htm   (3825 words)

  
 Idaho Supreme Court sides with the people at Firm Foundation
This week the Idaho Supreme Court ruled 4 to 1 that an initiative petition that would allow the people of Boise City to vote on whether a Ten Commandments monument should be displayed in a public park must be placed on the ballot.
The district court ruled in the council’s favor, but the Idaho Supreme Court reversed that decision in a short opinion released Monday.
The court likened an initiative to a bill in the legislature: courts do not stop bills pending in legislatures from being enacted, but rather wait until the bill becomes law and someone challenges the law in court.
morallaw.org /blog/?p=21   (730 words)

  
 STATE SUPREME COURT   (Site not responding. Last check: 2007-10-31)
The majority declared that a portion of Idaho´s law against disturbing the peace, which prohibits "any vulgar, profane or indecent language within the presence or hearing of children," is unconstitutionally overbroad.
The court rejected claims that the law was so vague that it covered material protected by the First Amendment as well as pornography.
Idaho's court is now one of the first supreme courts in the nation to acknowledge that sexual orientation, by itself, can't be a factor in modifying custody, said Jack Van Valkenburgh, executive director of the ACLU of Idaho.
www.actwin.com /eatonohio/gay/scidaho.html   (425 words)

  
 The Supreme Court Historical Society
The law in question-enacted in Idaho in 1864--required that when the father and mother of a deceased person both sought appointment as administrator of the estate, the man had to be preferred over the woman.
Burger noted that Idaho did not deny letters of administration to women altogether; in fact, a woman whose spouse died intestate was given preference over any male relatives of the decedent.
The Court, it seemed, was catching up to the rest of society, where-as the ACLU's brief pointed out-women were entering the workforce in unprecedented numbers, and statutes such as Idaho's were beginning to look like quaint artifacts of an outdated era.
www.supremecourthistory.org /05_learning/subs/05_e01.html   (817 words)

  
 Idaho Supreme Court rejects challenge to water pact with Shoshone-Bannock Tribes   (Site not responding. Last check: 2007-10-31)
The court ruled unanimously that the Fort Hall Water Users Association, made up of 2,000 non-Indian water users in the Fort Hall area, had no standing to file objections to the 1990 agreement.
In a ruling written by Justice Cathy Silak, the court said it was obvious that the federal government is the owner of the water rights in question, and the water users association has only a contractual agreement to use the water.
The Supreme Court said it is "clear that the United States is claiming ownership of the water rights on its own behalf, and that the non-Indian individuals that are served by the Fort Hall Irrigation Project may only have use of the water rights.
www.uswaternews.com /archives/arcrights/6idahocourt.html   (291 words)

  
 Supreme Court Decision - Idaho Press Clug
In a 3-2 decision, the Idaho Supreme Court has ruled against the Idaho Press Club in its lawsuit challenging closed meetings of official legislative committees as a violation of the Idaho Constitution.
Despite objections from the Legislature, the Idaho Supreme Court granted the motion to allow the groups to submit their briefing.
A lower court judge has ruled that the public has no right to be there – at the only point in the process where the public is given a role.
www.idahopressclub.org /court-decision.htm   (1911 words)

  
 Idaho Observer: Idaho Supreme Court ruling should open Whitely retrial
Canido was apparently not able to remember anything of the kidnapping and rape because, according to court transcript, she plead the 5th amendment 71 times because she could not answer Radin's 71 questions on the grounds that shew would be incriminating herself.
The state supreme court denied a retrial of Whitely's case -- not because new testimony and new evidence entered into the record at the post conviction hearing were not credible, but due to procedural technicalities (mistakes) made by Judge Moss' district court.
The supreme court ruling further parallels Whitely's case when, according to the AP story, Justice Gerald Schroeder wrote “that Williams' would have cast doubt on the accuracy of the victim's testimony that she was kidnapped.”
proliberty.com /observer/19990806.htm   (985 words)

  
 Idaho Supreme Court Holds Oral Argument in NCLR Custody Case Involving Gay Dad
This case is one of the first state supreme court custody decisions involving a lesbian or gay parent following the U.S. Supreme Court's decision in Lawrence v.
"Idaho courts have a long history of holding that custody decisions cannot be premised on bias.
NCLR is co-counsel in the case with Idaho attorney Richard A. Hearn of Racine, Olson, Nye, Budge & Bailey, who argued the case before the Idaho Supreme Court.
www.nclrights.org /releases/idahocustody050404.htm   (408 words)

  
 Idaho Supreme Court rules that dept. of insurance...
BOISE, Idaho -- In a March 15, 1999 ruling, the Idaho Supreme Court found no justification for the state's department of insurance to promulgate rules limiting insurance coverage for chiropractic services to $1,000 annually.
The court declared the insurance regulations unconstitutional, because they discriminated against chiropractors as a group, not the nature of the services.
Inexplicably, the district court denied summary judgment to the IACP.
www.chiroweb.com /archives/17/09/09.html   (349 words)

  
 Appel v. LePage, Idaho Supreme Court
The trial court granted the motion in limine, and because the plaintiffs’ proof necessarily failed, the court dismissed the lawsuit.
The trial court found that the damage was, as a matter of law, so remote that it was not in the contemplation of the parties at the time they made their contract with each other.
The court further stated that consequential damages are not recoverable unless specifically within the contemplation of the parties at time of contracting.
www.idahobizlaw.com /summaries/appel_v_lepage.htm   (193 words)

  
 idaho supreme court - 3rd court   (Site not responding. Last check: 2007-10-31)
Idaho - U.S. Bankruptcy Court District of Idaho...
justices of the supreme court and judges of the district courts are prescribed in the Idaho Constitution...
The Idaho judiciary is composed of three levels of courts--a supreme court, a court of appeals, and a district court.
court.kosiggih.info /dir11/idaho-supreme-court.html   (546 words)

  
 Idaho, Timeline of State History - SHG Resources
Idaho population: 14,999 later census figure shows 17,804 as Utah-Idaho border was not clearly established.
Idaho admitted to the Union as the 43rd state on July 3, signed into law by President Benjamin Harrison.
Nonpartisan election of judges to Supreme Court and District Courts enacted.
www.shgresources.com /id/timeline   (5001 words)

  
 freedomforum.org: Newspaper to get 2nd chance before Idaho Supreme Court
BOISE, Idaho — The Idaho Supreme Court has decided to reconsider a ruling that denied The Idaho Statesman constitutional protection for publishing a 40-year-old court file that said, perhaps falsely, that a Boise man had a homosexual affair with his cousin.
In reversing the earlier ruling of the Court of Appeals, the state Supreme Court held that because the statement was never used as evidence in court and Uranga was never charged, it was too tangential to justify absolute constitutional protection in publication.
The three-judge Court of Appeals had sided with the newspaper, ruling that as long as the document was in the court file it was public and the news media could publish it.
www.freedomforum.org /templates/document.asp?documentID=16554   (418 words)

  
 Idaho Mountain Express: Idaho Supreme Court ends Ketchum movie theater dispute
The Idaho Supreme Court has ruled on a long-running dispute dating back to 1995 between the developer of a Ketchum building and the owners of the Magic Lantern theater.
In the same decision, the court upheld the lower court’s decision to require Kessler to contribute to unexpected cost overruns incurred when the building was constructed.
Kessler appealed the district court’s decision to the Idaho Supreme Court, which vacated the summary judgment and sent the matter back to the district court for further proceedings.
www.mtexpress.com /2000/06-28-00/6-28lantern.htm   (318 words)

  
 IDAHO SUPREME COURT
BS-University of Idaho (1967); JD – University of Idaho (1972)
IMA, ISB, ITLA, Idaho Supreme Court registered child custody mediator, an approved mediator in the State Courts of the First District of Idaho, member of the ADR Section of the Idaho Bar Association, DR Section of the Washington Bar Association, Association for Conflict Resolution, and Association of Family and Conciliation Courts.
Idaho ADR Institute with over 126 hours of mediation training and Idaho ADR Institute sponsored by the University of Idaho, College of Law, the Martin Institute, the Idaho Mediation Association; the US District and Bankruptcy Courts; the ADR section of the ISB; the Idaho Mediation Association.
www.isc.idaho.gov /civilros.htm   (5998 words)

  
 Idaho Observer: Supreme Court declares K-county sales (jail) tax “unconstitutional”   (Site not responding. Last check: 2007-10-31)
The Supreme Court reversed an August 21, 2001 decision by First District Court Judge Charles Hosack who determined that the Resort County Local Option Sales Tax was okay once he severed unconstitutional language from the law.
The Supreme Court reasoned that the tax was, “A local and special law in violation of Article III, Section 19 of The Idaho Constitution.”
Indeed, the legislative tracking of the tax as it was being sold to the legislature indicates that it was passed with assurances that the tax would only apply to Kootenai county.
proliberty.com /observer/20020710.htm   (384 words)

  
 American Civil Liberties Union : Idaho Supreme Court Says Election Ballots Must Be Free of Political Messages
The Court ruled the ballot labeling scheme was an unconstitutional violation of Idahoans' right to vote.
The ACLU filed the challenge to the law on behalf of both supporters and opponents of term limits who asserted the law unconstitutionally damaged the integrity of the electoral process by the addition of political messages designed to coerce both voters and candidates.
In its opinion, the Court agreed with the ACLU's opinion that the 1998 law invaded the sanctity of the ballot box by forcing government-sponsored political speech.
www.aclu.org /votingrights/er/13009prs20001206.html   (412 words)

  
 KBCI 2 Boise, Idaho   (Site not responding. Last check: 2007-10-31)
The Idaho Supreme Court says voters will decide how city and county governments spend the your tax dollars, but you'll have to show up and vote.
"This is a landmark decision today from the Idaho Supreme Court and this a victory for the citizen voters throughout the state of Idaho," Frazier told KBCI Local 2 News.
Back in July of 2004, a lower court judge ruled in favor of Boise City saying there was a necessary need for the new building, which would have allowed the city to go ahead and build without voter approval.
www.kbcitv.com /x71161.xml   (527 words)

  
 Media Law Prof Blog: Idaho Supreme Court Rules That Senate, House May Close Legislative Committee Meetings to the Public
Idaho Supreme Court Rules That Senate, House May Close Legislative Committee Meetings to the Public
The Idaho Supreme Court has affirmed a lower court decision that the Senate and House may close legislative committee meetings to the public.
The Idaho Press Club had requested a declaratory judgment that closing such meetings violated Article III, section 12 of the Idaho Constitution.
lawprofessors.typepad.com /media_law_prof_blog/2006/03/idaho_supreme_c.html   (692 words)

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