Alaska Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Injury Law
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Other
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- White Collar Crime
- Wrongful Death
Alaska Questions & Answers
Q: My local post office let me know my package arrived with a substantial amount of blood on it. The blood damaged my item
1 Answer | Asked in Small Claims for Alaska on Feb 18, 2014
Answered on Aug 22, 2015
Terrence H Thorgaard's answer
Not likely. Was the parcel insured?
Q: What are the legal requirements to prospect for gold on state-owned land in alaska?
1 Answer | Asked in Land Use & Zoning for Alaska on Nov 9, 2010
Answered on Aug 21, 2015
Terrence H Thorgaard's answer
Since this is an Land Use and Zoning question, I will answer that part of the question first. If the land is in the unorganized borough, there are no zoning-related requirements, because the UOB has no zoning. If, however, it is an organized borough, the requirements would depend on the borough zoning code and the code of whatever municipality may be contained within that borough.
Essentially, any other requirements would depend upon the terms of the lease from the state or (of there...
Q: my land is being taken away from me from a village i moved away from.
1 Answer | Asked in Real Estate Law for Alaska on May 6, 2015
Answered on Aug 17, 2015
Terrence H Thorgaard's answer
As I understand what you are asking, you had title to the land and, on the basis of that title, the village is somehow taking the land away from you. Has the village filed some sort of a lawsuit to "take away" the property (land and house)?
One thing which makes this question difficult to address is that you are using incorrect terminology. If you own land (a lot or acreage), any building constructed on it is actually a part of that land. Thus the land and the house are essentially...
Q: My son is about 2 weeks late in getting a extention for 2 fix it tickets. Is it now too late to go for an extention?
1 Answer | Asked in Traffic Tickets for Alaska on Aug 10, 2015
Answered on Aug 17, 2015
Terrence H Thorgaard's answer
If the charges haven't yet been filed in court, it is probably not too late. He should contact the ticketing agency, explain his progress in getting the vehicle fixed, and ask for such extensions.
Q: I am a victim of a robbery, a safe was taken from my residence as evidence how long must i wait to recieve my belongings
Terrence H Thorgaard's answer
Generally the authorities will need to keep evidence until the case(s) have been decided. Merely because one of the suspects asked to be "furloughed", doesn't mean that request will be granted, or that all prosecutions will be completely over. The case against each defendant will only be over when that person is acquitted, or convicted and all appeal options have been exhausted.
Q: I was terminated. Isn't it my right to receive my last paycheck?
1 Answer | Asked in Employment Law for Alaska on Jun 15, 2015
Answered on Aug 12, 2015
Terrence H Thorgaard's answer
Generally, yes. If you haven't received it yet, you should contact the Alaska Department of Labor.
Q: Do i owe my trustee money?
Terrence H Thorgaard's answer
First, Alaska doesn't have counties, so this can't be about Alaska law; it is in the wrong category.
Anyway, you will need to indicate what state (if in the US) or country you are in. Since you ask about "student welfare", and a trustee who collects the same, I'm guessing you aren't in the US.
Q: Is it best to file for joint custody or visitation if the mother is not allowing me to see my kids while paying CS?
1 Answer | Asked in Child Custody for Alaska on Jun 28, 2015
Answered on Aug 12, 2015
Terrence H Thorgaard's answer
When a divorce is filed in Alaska, one of the questions normally asked is whether there are children of the marriage, and if the wife is pregnant. It either question is answered in the affirmative, provision is normally made in the divorce decree for visitation and custody. Thus I assume you weren't married to her.
Yes, if you can't agree on custody and visitation, you should file for that.
Q: Chargeback scam and paypal. Bankrupt company to avoid negative balance?
Terrence H Thorgaard's answer
You should review the fine print in the contract you had with Paypal. It could be that you agreed to be personally liable.
Q: Does the tenth amendment allow states to pass laws respecting the establishment of a religion?
1 Answer | Asked in Constitutional Law for Alaska on Oct 29, 2014
Answered on Aug 11, 2015
Terrence H Thorgaard's answer
Strictly speaking, yes; but the Fourteenth Amendment has been deemed to prohibit such state action. And, of course, it's the First Amendment, not the Tenth Amendment, which restricts Congress' power to enact legislation respecting an establishment of religion.
Q: Retiring in August 2015. Spouse and I have agreed to go our seperate ways. Divorce vs. Anullment.
Terrence H Thorgaard's answer
No, I don't believe that you can get an annulment, assuming you file in Alaska. And the Alaska court probably will defer to the North Carolina court for determination of child support (and certainly will for support and visitation, pursuant to the UCCJ&E; Act). It is probably possible to get a dissolution (uncontested divorce) under these circumstances. The Alaska courts have do-it-yourself paperwork for that. Please contact me if you want me to look into it for you.
Q: how can I transfer my civil case from tribal to state court?
1 Answer | Asked in Native American Law for Alaska on Jul 21, 2015
Answered on Aug 11, 2015
Terrence H Thorgaard's answer
If I were representing him, one of the first things I would do would be to contact the tribal court and ask what their procedures are for such a transfer. You can also ask for a copy of the court's rules. And, if all else fails, research the federal Native American law on the subject.
Q: How do I find out who got me on child support
Terrence H Thorgaard's answer
Are you saying that someone is accusing you of owing child support? How did you find out that you are "on child support"?
Have you tried contacting the Child Support Division and asking them?
Q: A neighbors dogs from over a mile away killed our wool producing sheep on our property fenced in can I sue him?
1 Answer | Asked in Animal / Dog Law for Alaska on Apr 17, 2014
Answered on Aug 10, 2015
Terrence H Thorgaard's answer
Probably. I note that this question was asked some 16 months ago. Contact me if you have not yet resolved this matter.
Q: I'm looking for case law with police, and excessive force. Thank you
Terrence H Thorgaard's answer
Why exactly do you believe you need case law? Have you filed a lawsuit?
Q: For a State of Alaska Appellate court case, as the single appellee am I entitled to appointed representation?
1 Answer | Asked in Appeals / Appellate Law for Alaska on Jan 4, 2011
Answered on Aug 8, 2015
Terrence H Thorgaard's answer
Unless it is a criminal case, and you qualified for appointed counsel, no.
Q: A book is sold with pretense that a story will have a conclusion or an ending,is the publisher committing fraud if none
Terrence H Thorgaard's answer
You are asking if the publisher of a book is liable to purchasers of copies of the book, if the book doesn't end to the reader's satisfaction? Very doubtful. And a class action would be even more problematic.
Q: A photographer is hired to take photographs at a celebrity wedding. Canhe later sell these photographs to a magazine?
Terrence H Thorgaard's answer
Was there a written contract? If not, it is arguable that the person who hired the photographer retained the rights to use of the photographs.
Q: On the use of the SF 1413, As this require each subcontract to complete and pass on 2nd and 3rd tier.
Terrence H Thorgaard's answer
I could look into it for you, for a fee. Send me an e-mail with further details.
Q: What happens when your lawyer dies whilst handling your estate in juneau alaska
1 Answer | Asked in Estate Planning for Alaska on Nov 9, 2011
Answered on Aug 8, 2015
Terrence H Thorgaard's answer
The Alaska Bar Association has procedures for the handling of a deceased lawyer's caseload. Since this question was asked almost four years ago, I will assume that the problem has been dealt with. If not, let me know and we can discuss my looking into it for you.