Difference between revisions of "Utah"

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(Legal claims and affirmative defenses)
 
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Any time two people or business are involved in a disagreement as to their legal rights, a legal dispute has arisen.  If the dispute cannot be resolved amicably, resort may be made to [[alternative dispute resolution]] or to the Utah court system (or federal courts).  The court system is the mechanism for resolving disputes formally and finally--involving the courts is called "litigation."  A party bringing a lawsuit in court must identify what "claims" it is bringing--in other words, the party must specify under what legal theory it is advancing its case.  The list of Utah legal claims below outlines a large number of civil legal claims that can be brought in Utah, and summarizes what needs to be proven to win a case of that nature.  The things that must be proven are commonly called the claim's "elements."
 
Any time two people or business are involved in a disagreement as to their legal rights, a legal dispute has arisen.  If the dispute cannot be resolved amicably, resort may be made to [[alternative dispute resolution]] or to the Utah court system (or federal courts).  The court system is the mechanism for resolving disputes formally and finally--involving the courts is called "litigation."  A party bringing a lawsuit in court must identify what "claims" it is bringing--in other words, the party must specify under what legal theory it is advancing its case.  The list of Utah legal claims below outlines a large number of civil legal claims that can be brought in Utah, and summarizes what needs to be proven to win a case of that nature.  The things that must be proven are commonly called the claim's "elements."
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==More Information==
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For more information, [http://www.utahwills.com see UtahWills.com]

Latest revision as of 19:04, 27 January 2015

Welcome to the main page for Utah law.


Free Legal Forms

Estate Planning forms

Click here for a page containing estate planning forms including wills, trusts, powers of attorney, advance medical directives ("living wills"), guardianship and conservatorship forms, etc

Contracts, Agreements, and other legal documents

Click here for a page containing links to a wide variety of legal documents establishing contractual or other legal relationships

Free Litigation Forms

Click here for a collection of: free litigation forms, free probate forms, name change forms and other free legal forms specific to Utah

Cases and Statutes

Recent Utah cases are found here

Utah statutes can be found here

Search statutes in the Utah Code or constitutional provisions in the Utah constitution here

Utah Code by Title, Chapter, and Section here

Utah Statutes of limitation

Utah Statutes of limitation can be found here: Statutes of limitation

Utah Rules of Civil Procedure, Utah Rules of Evidence, and Utah Jury Instructions

Procedural rules including the Utah Rules of Civil Procedure can be found here

For a page inviting discussion about the Rules, please see Utah Rules of Civil Procedure. This is a place where annotations, notes, and insights relating to the Rules can be posted and shared.

The Utah Rules of Evidence can be found here

The Model Utah Jury Instructions can be found here

Standards of Proof

Clear and convincing evidence

Preponderance of the evidence

Legal claims and affirmative defenses

Legal claims

A person or business bringing a lawsuit against another must file a "complaint" with a court with jurisdiction and in that complaint identify what legal claims he/she/it believes to have, and will usually assert factual allegations to support the legal claims. The following is a list of cognizable legal claims in Utah courts. By clicking on a link, you will find the elements of the legal claim, along with other helpful information.

Accounting | Adverse Possession | Alter ego/Piercing veil | Anticipatory breach of contract | Attorney fees and costs | Boundary by acquiescence | Boundary by agreement | Boundary by estoppel | Breach of contract | Breach of contract (employment: Failure to pay earned commissions) | Breach of duty of loyalty | Breach of fiduciary duty | Breach of fiduciary duty -- Legal malpractice | Breach of implied covenant of good faith and fair dealing | Breach of promissory note | Breach of warranty | Civil Conspiracy | Compensatory Damages | Constructive trust | Contribution | Conversion | Declaratory judgment | Defamation/Libel/Slander | Discrimination | Eviction | Fraud | Fraudulent concealment | Fraudulent nondisclosure | Fraudulent transfer | Intentional Infliction of Emotional Distress | Intentional interference with economic relations | Interpleader | Joint venture | Judicial removal of director | Misappropriation of trade secrets under Utah Code Ann. §§ 13-24-1 to 13-24-9 | Mistake | Negligence | Negligent Infliction of Emotional Distress | Negligent Misrepresentation | Partition | Prescriptive Easement | Products Liability/ Strict Products Liability | Promissory estoppel | Punitive damages | Quasi-contract | Quiet title | Res Ipsa Loquitur | Respondeat superior | Resulting trust | Settlement agreement disputes | Slander of title | Strict products liability | Temporary restraining order | Tortious interference with economic relations | Tortious interference with prospective economic relations | Undue influence | Unfair competition and trade/business practices | Unjust enrichment/quantum meruit | Unlawful detainer | Void contract | Wrongful lien

Affirmative defenses

A defending party must respond to each allegation brought by the plaintiff, and can advance certain reasons why recovery is not appropriate, which are commonly called "affirmative defenses," which are also summarized in the links shown below.

Accord and satisfaction | Arbitration and award | Apparent authority | Assumption of risk | Bona fide purchaser | Breach of insurance policy provisions | Lack of capacity to bring suit | Lack of condition precedent | Contributory negligence | Defamation | Discharge of an obligation through an extension of time for payment | Election of remedies | Exception from insurance coverage | Lack of meeting of the minds | Discharge in bankruptcy | Duress | Estoppel | Fraud | Illegality | Immunity | Injury by civil servant | Judgment | Laches | License | Mistake | Mitigation of damages | Official document or act | Payment | Prescription | Prematurity | Privilege | Rescission | Retraction in a libel action | Right derived from ordinance | Release | Res Ipsa Loquitur | Res Judicata | Right derived from statute | Statute of frauds | Statute of limitations | Truth | Unconstitutionality | Unilateral mistake | Waiver

General Legal Principles

Below are general legal principles that relate specifically to Utah law.

Administrative law | Agency law | Alternative dispute resolution | Antitrust | Bailment | Bankruptcy | Business Organizations | Conflicts of Law | Constitutional law | Consumer law | Contract law | Criminal law | Defamation | Discovery rule | Elder law | Employment law | Entertainment law | Environmental law | Evidence | Family law | Forum non conveniens | Immigration law | Insurance | Intellectual Property | International law | Labor law | Law of the case doctrine | Real Estate law | Res Judicata | Saving statute | Securities | Standards of proof | Statutes of limitation | Statutes of limitation discovery rule | Statutes of repose | Social Security and Disability | Tort law | Water law

Utah Judiciary

The web site for the Utah State Courts can be found here

Utah judiciary: The Utah Supreme Court is the court of last resort in Utah. It consists of five justices, who are appointed by the governor, and then subject to retention election. The Utah Court of Appeals handles cases from the trial courts. Trial level courts are the district courts and justice courts. All justices and judges, like those on the Utah Supreme Court, are subject to retention election after appointment.

Any time two people or business are involved in a disagreement as to their legal rights, a legal dispute has arisen. If the dispute cannot be resolved amicably, resort may be made to alternative dispute resolution or to the Utah court system (or federal courts). The court system is the mechanism for resolving disputes formally and finally--involving the courts is called "litigation." A party bringing a lawsuit in court must identify what "claims" it is bringing--in other words, the party must specify under what legal theory it is advancing its case. The list of Utah legal claims below outlines a large number of civil legal claims that can be brought in Utah, and summarizes what needs to be proven to win a case of that nature. The things that must be proven are commonly called the claim's "elements."

More Information

For more information, see UtahWills.com