If you're looking for a specific brief, contact the library by phone (801-238-7990) or email to make sure we have it. If you can't come in to make copies yourself, we offer a document delivery service for 25¢ per page and will scan the briefs and email them to you.

The Utah Public Transit District Act defines public transit, which public transit districts may employ or contract with law enforcement officers, and what jurisdictions the law enforcement officers cover.

First, public transit is defined as "the transportation of passengers only and their incidental baggage by means other than:
(a) chartered bus;
(b) sightseeing bus;
(c) taxi; or
(d) other vehicle not on an individual passenger fare paying basis." Utah Code 17B-2a-802.

Second, only multicounty districts ("public transit district located in more than one county") can employ or contract with law enforcement officers. Utah Code 17B-2a-822. Those officers have the same duties and responsibilities as other law enforcement officers, as defined in the Public Safety Code at 53-13-103.

However, the transit police officer's jurisdiction is limited to transit facilities and transit vehicles, except for other jurisdiction that is discussed in the Public Safety Code at 53-13-103. The Utah Code specifically defines a transit facility as "a transit vehicle, transit station, depot, passenger loading or unloading zone, parking lot, or other facility:
(a) leased by or operated by or on behalf of a public transit district; and
(b) related to the public transit services provided by the district, including:
(i) railway or other right-of-way;
(ii) railway line; and
(iii) a reasonable area immediately adjacent to a designated stop on a route traveled by a transit vehicle." Utah Code 17B-2a-802.

Transit vehicle is defined as "a passenger bus, coach, railcar, van, or other vehicle operated as public transportation by a public transit district." Utah Code 17B-2a-802.

For more information, check out UTA's Public Safety page.

However, in Salt Lake City, the "mutual commitment registry" is available "for adult residents of the City who share a primary residence and rely on one another as dependents." The registry is set up so employers can easily determine who is eligible for benefits and allow people health care visitation rights in Salt Lake City health care facilities. Eligibility requirements for the registry include:
(a) Registrants must be each other’s sole partner;
(b) be over 18 years old;
(c) be competent to contract; and
(d) share a primary residence in Salt Lake City.
For more information, check out the City's mutual commitment registry page.

If you live outside of Salt Lake City, you may be eligible for domestic partnership benefits as offered by your private employer. For example, if you are employed by American Express in Utah, the company's human resources policy would apply to your eligibility of benefits. See, for example, the company's statement about who is eligible for medical, dental and vision plans.

Small Claims Basics
Thursday, 12/3, 4:30-6:30 p.m.
Topics include the small claims process, Rules of Small Claims Procedure, small claims forms, and an overview of appealing a small claims case.

Collecting a Judgment Basics
Thursday, 12/10, 4:30-6:30 p.m.
Topics include identifying a debtor's property, writs of garnishment and execution, exemptions and satisfaction of judgment in civil and criminal cases.

Resources for People Representing Themselves in Utah's State Courts
Friday, 12/11, 3:30-4:30 p.m.
Introduces the resources available for people representing themselves in court, including how to find an attorney, legal clinics, forms, the Online Court Assistance Program and other resources. The presentation will be followed by a tour of the Utah State Law Library introducing the print and electronic resources available.

All classes are held in the Matheson Courthouse in Salt Lake City.

To register for these free classes call 801-238-7990 or email library@email.utcourts.gov.

More information about wireless access in Utah's courthouses.

The Divorce Orientation class costs $20. Topics include:
(a) options available as alternatives to divorce;
(b) resources available from courts and administrative agencies for resolving custody and support issues without filing for divorce; and
(c) a discussion of post-divorce resources.

The Divorce Education class costs $35. Topics include:
(a) how parents can support their childrens' emotional well-being during the divorce process;
(b) how parents can cooperate with each other in co-parenting or "parallel parenting" their children; and
(c) how parents can encourage meaningful relationships with both parents, so long as it is safe to do so.

If you cannot attend these classes, you may be permitted to watch them on video. For information on when you may be permitted to view the class recordings instead of attending in person, visit the Divorce Orientation and Education page.

When filing out your divorce paperwork using the Online Court Assistance Program, you will be asked if you would like to waive the education requirement. The court may grant this if good cause exists.

Once you have completed the education requirements, you will receive a certificate of completion, which you must file with the court.

To find out when the next classes will be offered, visit the Divorce Orientation and Education page.

November 11 has been a legal holiday since 1938, when an Act was approved to primarily honor World War I veterans. In 1954, President Eisenhower issued a proclamation declaring that the day be set aside to honor all veterans. For more information about the history and significance of Veterans Day, check out the Department of Veterans Affairs page.

In addition, the Library of Congress has sponsored the Veterans History project and provided access to interviews, memoirs, and photographs of veterans of various wars.

Many Veterans Day celebrations are being held around the state on November 11, including the University of Utah's Veterans Day Commemoration.

More information about wireless access in Utah's courthouses.

Child labor laws are found in both Utah and federal laws, and employers must ensure they are not violating any of these laws if and when employing an individual under 18. The Utah Labor Commission has information about the types of employment minors may be hired for, and the Utah Code discusses very specific tasks that are permitted for minors in different age categories.

For example, with consent of the child's parent or guardian, a minor of any age may perform agricultural work and home chores. U.C.A. 34-23-207.

Children ages 10 and older may deliver newspapers, shine shoes, caddy, or perform lawn maintenance without power-driven equipment. U.C.A. 34-23-206.

Besides the types of employment listed in the Utah Code, the Labor Commission has determined that 17 occupations are too hazardous for any minors of any age to perform. The hazardous occupations include roofing, excavating, and operating a meat processor. Click here to see the entire list.

Cartoon Credit: Stu Rees at www.stus.com

Interested in how stimulus funds are being spent in Utah? Check out Recovery.Utah.Gov.

You can track how state agencies are spending recovery money, link to information on how to apply for grants and search for a job--some of which were created because of the stimulus package. You'll also find a link to the Office of the State Auditor, where you can report fraud and waste.

Check out the map to see a statewide overview of how stimulus funds are being spent, or put in a specific address to see if any projects are happening near that place.

If you've ever wondered about Utah's election laws, you can find them in Utah Code Title 20A.

The state's Elections Office has voter, candidate, and lobbyist registration information. You can find local polling stations, read candidate financial disclosures, or learn what it takes to be a candidate.

Odd numbered years are generally reserved for municipal and local officer elections. The Elections Office has a directory of county clerks, who you can contact for information on candidates running in local elections.

For historical voting results, check out the Elections Office's Election Results page, where you can find county voting results for elections back to 1960.

More information about wireless access in Utah's courthouses.

In Utah, a person is deemed to be dead if the person has experienced
(a) irreversible cessation of circulatory and respiratory functions; or
(b) irreversible cessation of all functions of the entire brain, including the brain stem.
A determination of death must be made in accordance with accepted medical standards. U.C.A. §26-34-2

When someone dies, there is a clear hierarchy of survivors who may determine the location and manner of disposition of the dead body. If the deceased has listed someone in their will (or other written instrument) and followed the other statutory requirements, that person makes the determination of disposition. If no one has been listed in a will, the surviving spouse is next in line, and then the decedent's child or majority of the decedent's children. Check out U.C.A. §59-9-602 to find out who is next in line to make the determination of disposition.

But what happens if there is a dispute about what to do with the body? The legislature has provided the probate court six factors to consider when resolving this type of dispute. The six factors are:
(1) the reasonableness and practicality of the proposed funeral arrangements and disposition;
(2) the degree of the personal relationship between the decedent and each of the persons claiming the right of disposition;
(3) the desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition;
(4) the convenience and needs of other families and friends wishing to pay their respects;
(5) the desires of the decedent; and
(6) the degree to which the funeral arrangements would allow maximum participation by all who wish to pay their respects. U.C.A. §58-9-605

A body may be exhumed when death occurred in certain circumstances and no determination of cause and manner of death was made by a medical examiner. U.C.A. §26-4-7 and §26-4-12.

Regarding exhumation for another reason, the Supreme Court of Utah has stated that "it is therefore a sound and well-established policy of the law that a person, once buried, should not be exhumed except for the most compelling reasons." Matter of Mayer's Estate, 577 P.2d 108, 110-111 (1978).

Daylight saving originated with the Standard Time Act of 1918, P.L. 65-106. This law was repealed the next year, but was made law again with the Uniform Time Act of 1966. The law was codified as 15 U.S. Code §260 et seq.

To see how this law has changed over time, visit the law library and we'll show you how to use HeinOnline, or our print versions of the U.S. Code and U.S. Statutes at Large.

Want to learn more about the history of daylight saving? Check out these resources:

• The Astronomical Applications Department of the U.S. Navy has a brief Daylight Time information page, with a link to current laws.
  
• The Institute for Dynamic Educational Advancement has created a web exhibit about daylight saving, including which countries worldwide recognize it.

  
  

  ]]> http://www.utcourts.gov/lawlibrary/blog/2009/10/daylight_saving_time.html http://www.utcourts.gov/lawlibrary/blog/2009/10/daylight_saving_time.html Federal Government Fri, 30 Oct 2009 07:49:36 -0700 Issues related to military servicemembers continue to impact legal proceedings, from service and stays to child custody and temporary orders. That's why the Law Library has recently added these two books to the collection.

  For a general overview of the protections and rights provided by the Servicemembers Civil Relief Act (SCRA), check out the American Bar Association's publication, The Judge Advocate General's School Guide to the Servicemembers Civil Relief Act. This excellent and brief guide includes analysis of general provisions, procedural protections, and specific explanations of taxation, voting rights and financial protections. It also includes analysis of the Act's specific provisions on evictions, leases, installment contracts, and mortgages. Each section provides citations to pertinent case law. The authors also highlight terms that may be ambiguous, as certain terms have been interpreted in various ways in different jurisdictions.
  
  For a detailed examination of divorce-specific issues that arise when a servicemember is a party, check out Mark E. Sullivan's The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families. This practical manual has a wealth of information on parent time, custody, and alimony issues that may arise during a military divorce. Also includes a sample motion for stay under SCRA and domicile checklist for servicemembers and spouses. Includes a CD-ROM with sample language and forms.

  ]]> http://www.utcourts.gov/lawlibrary/blog/2009/10/new_books_the_jags_school_guid_1.html http://www.utcourts.gov/lawlibrary/blog/2009/10/new_books_the_jags_school_guid_1.html New Books Thu, 29 Oct 2009 07:23:00 -0700