What Is Montana’s “Open Range” Law?
You are enjoying a quiet breakfast and look out the window to find someone else’s cattle munching on your prized flowers. You can sue the owner of the cattle, right? It depends. Montana has “open range” laws that provide in most parts of the state a property owner...
What Is the “One-Bite” Rule and What’s Weird About Montana’s Version of It?
When I was a kid, my three-legged dog Jerry bit a neighbor. I remember the insurance adjuster – one of the few people I’d ever seen with a suit on in my town of 60 people – came out and started asking our neighbors if Jerry had ever bitten anyone else. Turns out the...
What Is Mediation and Arbitration?
Let’s face it: going to court is far too expensive, time consuming, and adversarial. That has led to a revolution in the legal system: The increasing use of mediation and arbitration, which is a way to decide disputes without going to court. And it’s very popular....
Montana Is the Only State Where You Can’t Automatically Fire Someone
Montana is unique, which is one of the reasons we love this place so much. Last month this column described something that only happens in Montana law but no other state: marriages when both people can be 10,000 miles apart for the ceremony. This month’s column is...
Can You Get Married in Montana Even If Neither of You Show Up to Your Wedding?
Long-distance romantic relationships can be hard. Let’s say you want to get married but the two of you are 10,000 miles apart. Montana law has solved this problem for you. And the solution our state came up with only exists in Montana. It’s called double-proxy...
Are Contracts With Minors (Those Under 18 Years Old) Valid in Montana?
I think all adults can agree that kids and most teens do not have an adult sense of judgment. It might make sense to someone under 18 to buy that really cool car for double what it’s worth. Montana protects them from unfair contracts. Kind of. A Montana statute, MCA...
Can Excessive Construction Liens Be Defeated?
Is it just me, or has there been an explosion of construction liens for excessive amounts? Most construction companies are honest, but a few aren’t. Apparently, the white-hot construction market here has led a few construction companies to file construction liens...
Do You Have a Legal Easement to a Seat in Church?
For those who attend church, you have probably noted how people seem to sit in the same pew every week. You have a legal right to that seat. No kidding. (You can’t make this kind of stuff up.) Montana Code Annotated section 70-17-101 defines all the things that can be...
Does a Montana Business Need to Trademark Its Name or Product?
Many local business owners ask me if they need to trademark their business’ name or product by registering it with the federal trademark office. The answer is, “Not really.” A trademark is legal protection for the trade name of a business or product. (A service mark...
Are Oral Contracts Valid in Montana?
You sometimes hear people say, “That’s just an oral contract. It doesn’t count.” This is incorrect. Most oral contracts do, indeed, count. But their terms are usually hard to prove. Montana law provides, “All contracts may be oral except such as specifically by...