FREE ID BAR State Specific Law Questions and Answers
In Idaho, what is the maximum period of time a defendant may be held in custody before a preliminary hearing is required for a felony charge?
Under Idaho Criminal Rule 5.1, a defendant must be given a preliminary hearing within 72 hours of being held in custody on a felony charge, excluding weekends and holidays. If the preliminary hearing is not held within this time frame, the defendant must be released from custody unless there is a good cause for the delay.
In Idaho, which of the following documents is required to initiate the probate process for a deceased person who left a will?
To initiate the probate process in Idaho for a deceased person who left a will, a Petition for Probate of Will must be filed. This petition requests that the court recognize the will as valid and appoint a personal representative to administer the estate. The other documents listed pertain to different aspects of estate and guardianship law.
In Idaho, what is the standard for dividing marital property in a divorce proceeding?
Idaho follows the principle of Equitable Distribution in dividing marital property during a divorce. This means that the court will divide the property in a manner that is fair and just, but not necessarily equal. Community Property is a system used in some states where all marital property is owned jointly and divided equally, which is not the case in Idaho.
Under Idaho Rule of Civil Procedure 12(b)(6), a defendant may move to dismiss a complaint for which of the following reasons?
Idaho Rule of Civil Procedure 12(b)(6) allows a defendant to move to dismiss a complaint for failure to state a claim upon which relief can be granted. This means the complaint does not allege sufficient facts to support a legal claim. The other reasons for dismissal (subject matter jurisdiction, improper venue, and insufficient service of process) fall under other provisions of Rule 12.
Which of the following types of property ownership in Idaho allows each owner to have an undivided interest in the entire property with the right of survivorship?
Joint Tenancy in Idaho allows each owner to have an undivided interest in the entire property with the right of survivorship, meaning that upon the death of one joint tenant, their interest automatically passes to the surviving joint tenants. Tenancy in Common does not include the right of survivorship, and Tenancy by the Entirety is not recognized in Idaho. A Life Estate grants ownership for the duration of a person's life but does not include the right of survivorship.