Utah State Law Library

Last year the Utah Legislature passed laws that allow legal notices to be posted online in addition to newspapers. Utah Code §45-1-101 states:

Notwithstanding any other legal notice provision established in this Utah Code, a person required to publish legal notice:
(a) until January 1, 2010, shall publish as required by the state statute establishing the legal notice requirement; and
(b) beginning on January 1, 2010, shall publish legal notice:
(i) as required by the statute establishing the notice requirement; and
(ii) on a website established by the collective efforts of Utah's newspapers.

The Utah Press Association created UtahLegals.com, which lets you search all legal notices in nearly 50 Utah newspapers by keyword. You can also browse by newspaper. There are quick links to the most popular searches like property foreclosures and auctions.

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Did you know that you can read and comment on proposed federal regulations?

The Federal Register, which provides announcements about proposed regulations, is available on the Office of the Federal Register website and the Government Printing Office's new FDSys database. Look for the link that invites you to submit your comments.

The Federal Register is published each week day, with notices, proposed and final regulations grouped together by agency. You can sign up to receive the Federal Register table of contents by email each day.

You can also search Regulations.Gov (also on Twitter) for proposed or final rules, submit comments, and even search public comments by keyword. Last year over 400,000 public comments were submitted through the website. The site even provides an instructional video to help you learn more.

Regulations.Gov accepts user suggestions. Create an account to comment on how to improve the website.

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Interested in how fashion and the law intersect? While the Mercedes-Benz Fashion Week wraps up in New York City tomorrow, you can stay current with fashion laws through a variety of sources, including the new book Fashion Law: A Guide for Designers, Fashion Executives and Attorneys.

The Office of Textiles and Apparel (part of the Department of Commerce) has a lot of information about the legal aspects of fashion law, including importing retail goods to the U.S., Federal Register notices, and Free Trade agreements. The Office also hosts webinars related to fashion law - check out the upcoming webinars and archives here.

New York Law School also provides information about fashion law through its Institute for Information Law & Policy. The institute hosts a blog and events that deal with cases and practical issues of fashion law. Of course, Utah is far away from New York; however, you can still read publications by speakers at the Institute's events. For example, the upcoming event, "Fashionably Law: Fashion & the Law Firm" features Karen Artz Ash, a partner at Katten Muchin Rosenmann LLP. Access her publications via the law firm's web site.

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During the Winter Olympics in Vancouver (February 12-28), many bloggers, Twitterers, and Facebook fans will be posting updates about their favorite sports, athletes, and of course, opening ceremony garb.

However, people using this type of media who are non-rights holders must follow the rules of the International Olympic Committee (IOC). For example, Olympic news, results and feature-type articles can be posted. However, results provided by the IOC must contain a copyright tag line and credit must be given to the Olympic sponsors who recorded the results. For example, if you post results from a speed skating competition, the tag line would read something like this: © 2010 IOC. Official Results powered by Atos Origin. Timing and results management by Omega.

In addition, the use of audio and video is restricted by both the Olympic Charter and the IOC News Access Rules. As the IOC Guidelines state, "no sound or moving images of any Olympic events, including sporting action, interviews with athletes in the mixed zones and competition venue press conference rooms, Opening, Closing and medal ceremonies or other activities, such as chat sessions which occur within accredited zones (competition sites and practice venues, Olympic Village, Main Press Centre, etc.) may be disseminated, whether on a live or delayed basis, regardless of source."

The Olympic symbol may only be used for editorial purposes and you should not use any Olympic mark that implies you or a third party have an official relationship with the Olympics.

More information is also available from the Vancouver 2010 Media Centre.

Photo credit © VANOC/COVAN.

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The Summer and Winter Olympics are two of the most popular sporting events in the world. This year's Winter Olympics will be starting on February 12th, 2010. They are not, however, immune from legal controversies. Where do Olympic athletic disputes go besides newspaper headlines?

The Court of Arbitration for Sport (CAS), created in 1984, resolves commercial and disciplinary sports disputes through mediation or arbitration. It is administered by the International Council of Arbitration for Sport. The Court can hear original cases, appeals from International Federations (a non-government organization administering a sport at the international level) or sports organizations, and urgent cases arising during the Olympic games (through a special Ad Hoc Division). Arbitration is governed by the Statutes of the Bodies Working for the Settlement of Sports-Related Disputes, while Mediation is governed by the CAS Mediation Rules.

You can learn more about the history and function of the court and gain access to its recent and archived decisions, which are written in either French or English.

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Since Valentine's Day is just around the corner, we're taking a look at the laws of love. No, not marriage and divorce, which we've covered before here, here and here.

Instead, in this first annual laws of love post, we're focusing on broken engagements. Is a financee required to return her engagement ring or other gifts given during the couple's engagement? While neither the Utah Supreme Court or Court of Appeals has decided the engagement ring question, in the case of Hess v. Johnston, 163 P.3d 747 (2007), the court held that money the man had spent on trips, a vasectomy and a gift to his financee's son prior to marriage did not lead to unjust enrichment. In other words, the woman didn't have to pay him for any of these expenses because there was "no inherent inference that they were conditioned on the marriage."

This case left open the question of whether the woman would have been required to return her engagement ring after breaking the engagement because in this case she willingly did so. The court stated, "[we]need not address whether the gift of an engagement ring carries with it an implied condition of marriage requiring its return when the wedding does not ensue."

In addition, the court held that the man could not recover monetary damages for other causes of action, including breach of contract, promissory estoppel, or conditional gifts.

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Superbowl weekend is a great time to visit family and friends, eat pizza and hot wings, or even play football during halftime. Here is a list of a few appellate cases that have some connection to Superbowl weekend:

Brown v. Southern Ventures Corp., 331 So.2d 207 (1976)
A wrongful death action brought by the widow and children of a man who died in a motel pool while a guest at a Superbowl party in 1973.

People v. Dixon, 592 N.E.2d 1104 (1992)
A criminal investigation of alleged gambling at the Prime Minister Restaurant on Superbowl Sunday.

Takeall v. PepsiCo, Inc., 809 F.Supp. 19 (1992)
Plaintiff, a ventriloquist, claimed copyright infringement for the Diet Pepsi advertising slogan "You Got the Right One Baby, uh-huh!" which debuted at the 1991 Superbowl.

Saatchi & Saatchi Business Communications, Inc. v. Just For Feet, Inc., 64 F.Supp.2d 207 (1999)
A breach of contract dispute over an unaired Superbowl commercial.

CBS v. FCC, 535 F.3d 167 (2008)
The Janet Jackson Superbowl halftime show "wardrobe malfunction" case.

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Utah is one of 19 states that has banned texting while driving. Utah's law was only recently enacted during the 2009 legislative session and is found in the Utah Code at 41-6a-1716. At this time, Utah has not banned the use of all hand-held devices, so unlike at least six other states, talking on your cell phone is still permitted while driving in Utah.

Text messaging is defined in Utah law as "a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person's telephone or computer by addressing the communication to the person's telephone number." Utah Code 76-4-401. In some narrow instances, texting while driving is permitted, such as during a medical emergency.

To read statistics associated with texting while driving, and other state laws, check out the National Highway Traffic Safety Administration's website Distraction.gov.

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During the last legislative session, the Utah legislature passed a bill that increases penalties for driving under the influence. On holidays like the 4th of July and New Year's Eve, the Utah Highway Patrol often increases its presence on Utah's roads and highways to find impaired drivers and prevent them from continuing to drive while intoxicated. In fact, Utah Highway Patrol states on its website that "removing impaired drivers from Utah’s highways is the Utah Highway Patrol’s number one priority. Every effort will be made to educate the public regarding the hazards associated with driving while impaired. Action will be taken to increase the likelihood of apprehension."

While you should always be aware of these laws, here's a list of some of Utah's DUI laws to keep in mind over the New Year:

1. If you are 21 or older and are arrested for your first DUI, your license will be suspended for 120 days.
   
2. If you are under 21 at the time of your DUI arrest, your license will be suspended for 120 days or until you turn 21, whichever is longer.
   
3. If you are 21 or older and are arrested for a second DUI, your license will be revoked for 2 years.
   
4. If you are under 21 and are arrested for a second DUI, your license will be revoked for 2 years or until you turn 21, whichever is longer.

More information about DUI offenses are found in the state Traffic Code. The Utah Department of Public Safety has more information about DUI laws in Utah. If you have been issued a DUI citation or any other traffic ticket, Highway Patrol has information about citations.

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The court hears many name change petitions for both adults and minors. Most name change requests are for reasons you might expect: a child wants to take his stepfather's last name; a woman wants to restore her maiden name years after a divorce; or a man is unhappy with the first name his parents gave him and wants a new name of his choosing.

However, some name change petitions are quite unusual. Take the case of David Lynn Porter. Porter asked the Third District Court in Salt Lake City to change his name to Santa Claus and the court denied his request. The appellant's brief stated that "...to Porter's dismay Judge Timothy Hanson of the Third District Court denied this jolly old elf's request." He appealed to the Utah Supreme Court and asked that the Court reverse the Third District Court's holding and change his name to Santa Claus, and in the alternative, to Kris Kringle. The Court did in fact reverse and remand the case back to the lower court, where Porter's name was legally changed to Santa Claus. Want to read the appellant's brief? Download it here.

In the Court's opinion, Justice Wilkins, writing for the majority, stated: "Porter's proposed name may be thought by some to be unwise, and it may very well be more difficult for him to conduct his business and his normal everyday affairs as a result. However, Porter has the right to select the name by which he is known, within very broad limits. Significantly, Porter already tells others that he is Santa Claus. Allowing him to legally change his name to reflect his practice of doing so is more likely to avoid greater confusion than to create it by making Porter legally responsible for his actions in the name Santa Claus." Read the entire Supreme Court opinion here.

If you're interested in other name change cases, check out this Slate article by law professor Eugene Volokh: 1069, Talula Does the Hula From Hawaii And Other Names So Weird That Judges Forbade Them.

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The Utah Traffic Code governs the way you drive on Utah's roads and includes laws about speed limits, driving under the influence, and passing. Want to know if you have the right of way to cross over a divided highway? Check out Utah Code 41-6a-712. Want to know if you can regulate traffic on your own land? Check out Utah Code 41-6a-215. And if you're confused about how terms are used in the Traffic Code, there's a helpful definitions section that defines everything from "authorized emergency vehicle" to a "two-way left turn lane."

If you're looking for Utah's laws on driver licenses, those laws are located in the Public Safety Code. Check out Title 53, Chapter 3 for driver license information. This part of the Code governs who may or may not be licensed, renewal information, and the types of licenses that are available. The Utah Driver License Division also provides information about driver license laws, the handbook you should study to get ready for the driver test, and fees to apply for a license and more.

As of January 1, 2010, the Utah Driver License Division is making some changes about what types of documents are required to apply for a driver license or identification card. After this date, the Division will also no longer allow you to renew your license through the mail or online. For more information about these changes, visit the Division's website.

If you already have a traffic citation, check out the blog post on paying for traffic citations online. Or if you need to find information about traffic school, check out this blog post. And finally, the Utah Courts' website has general information about traffic matters.

If you have any questions about this information, please contact the law library.

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You need cash now. Should you write a check to a pay day lender to get instant access to that cash? A pay day loan usually happens like this: you write a check or authorize deferred direct deposit to the lender for the amount of cash you need, plus any finance charges and fees. The pay day lender holds that check or waits to access your checking account until your next pay day, when the loan and fees must be paid in full. If you are unable to pay the full amount of the loan and additional fees, you'll incur a finance charge and the loan will be rolled over to the next pay day.

Before you sign the contract for a pay day loan, here are five warnings to remember:

1) Make sure the institution has a valid registration with the Department of Financial Institutions. If it does not not, the person or business is violating the law. Utah Code 7-23-201. You can also contact the Department of Financial Institutions to make a complaint against a pay day lender. Use the form provided to mail or email your complaint.

2) There are no maximum interest rates in Utah. However, the interest rate should not be unconscionable. Utah Code 70C-7-106.

3) The maximum roll over loan period is 12 weeks. Utah Code 7-23-401.

4) The pay day loan contract must be in writing. Utah Code 7-23-401.

5) The pay day lender must post "a complete schedule of any interest or fees charged for a deferred deposit loan that states the interest and fess using dollar amounts." Utah Code 7-23-401.

For more information about pay day loans, including ways to find alternative sources of funding, check out the Federal Trade Commission's Consumer Alert: "Payday Loans Equal Very Costly Cash: Consumers Urged to Consider the Alternatives."

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When using public transit, you may have seen transit police patrolling stations to make sure passengers paid their fares or obeyed other rules. If a transit officer issues you a citation, do you have to pay it? What is their jurisdiction?

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.

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The Utah Constitution specifically states that marriage shall only occur between a man and a woman. Article I, Section 29. Additionally, the Utah Code states that marriage is prohibited and void between persons of the same sex. Utah Code 30-1-2.

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.

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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

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It's almost Halloween, so there's no better time to blog about the law of dead bodies.

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).

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The most important thing you need to know before buying chickens for your backyard chicken coop is whether your local law permits you to raise chickens. There isn't one Utah law that applies to the entire state. Rather, if you live within city limits, check to see if your city code has any laws about raising chickens; if you don't live within city limits, check the county code.

For example, in Salt Lake City, you must first apply for a permit from the office of animal services in order to raise chickens and the fee is $5/animal. Salt Lake City Code 8.08.010. A permit will not be granted for more than 25 chickens. Salt Lake City Code 8.08.020. Different rules apply to people who want to raise chickens for commercial purposes. However, no animals may be housed closer than 50 feet from a building used for human habitation. Salt Lake City Code 8.08.060.

Another example of local laws regarding chickens is found in the Brigham City Code. Brigham City residents may keep up to six chickens but the chicken coop may not be larger than 50 cubic feet per household. Brigham City Code 4.01(16).

Another example is found in the Vernal City Code. In Vernal, if property has been zoned RA-1 (residential-agricultural), up to 25 chickens may be kept on a lot that is at least 20,000 square feet. Vernal City Code 16.38.020. However, if other animals are kept on the same lot, that number decreases.

To find your city or county code, begin at the Utah.gov page and then select your city or county. Once directed to the city or county's page, you'll need to locate the code. Local codes are sometimes referred to as "municipal ordinances" or simply "ordinances." If you can't locate the code online, contact your local government.

Photo Credit:

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"How to Read a Legal Opinion" was written for new law students, but is a great tool for anyone who is new to reading court opinions because it guides you through all the important pieces, from caption to disposition. The author, Orin Kerr, is a law professor at the George Washington University Law School.

The article was published in The Green Bag, "an entertaining journal of law." Archived articles are available online, dating back to Winter 2008. Besides publishing articles that are much less serious than the average legal journal, the Green Bag is known for giving away bobbleheads of U.S. Supreme Court Justices to some of its subscribers. The most recent bobblehead created by the Green Bag was Justice Souter.

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The Utah State Courts' web page on Getting a Divorce in Utah provides information about the difference between divorce and annulment, and points out that there are both statutory and common law reasons why the court may grant the annulment.

Note that annulment laws differ from state to state. You must consult the laws of Utah to determine if you meet any of the criteria for annulment. Even if any or all of the grounds for annulment exist, it is still in the judge's discretion whether or not to grant the annulment.

The grounds for annulment include:
* Where the marriage is prohibited or void under Title 30, Chapter 1, Section 2, which deals with age requirements, prior marriages and divorces, and persons of the same sex.
* Where the marriage is incestuous, and therefore void.
* Common law grounds include fraud, misrepresentation, and failure to consummate the marriage.

Utah laws make no mention of a minimum or maximum amount of time for a marriage to have existed in order to petition the court for an annulment.

At this time, no Court-approved annulment paper work is available. If you find sample pleadings online, you should consult the Rules of Civil Procedure to ensure your documents conform to Court Rules. You should also consider consulting with an attorney, whether at a free legal clinic or through paid representation.

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The Marriott Library at the University of Utah has been scanning Utah newspapers since 2001, and thanks to a new donation of archives of the Salt Lake Tribune by its parent company, MediaNews Group, the Marriott Library can eventually digitize the Tribune dating back to 1871.

In the Tribune article announcing the donation, the author notes that not only did the Marriott receive approximately 100,000 issues of the Tribune, the donation included now-defunct publications, including the Junior Tribune, Salt Lake Telegram, and Intermountain Republic .

Digitized newspapers are an important resource for historical legal research. When researching Utah's Constitution or the transition from the Territory of Utah to a state, newspapers provide a glimpse into the issues and concerns of the general public, as well as controversies. Use the Utah Digital Newspapers site to search numerous newspaper titles from around the state (coverage varies). You can search the entire digitized collection, or specify which titles you would like to search. Additionally, advanced search options allow you to search by proximity or in certain fields.

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If you bought fireworks to set off for Independence Day and Pioneer Day, note that the last time you can set off fireworks this July is on July 27. Utah laws specifically state that certain Class C fireworks may be discharged in Utah three days before, on the day of, and three days after four specific holidays: July 4, July 24, January 1, and Chinese New Year.

The Department of Public Safety publishes an approved fireworks list each year. This year's list was last revised on July 1, 2009.

In addition to state law, many local ordinances list rules regarding fireworks. To find out if your city or county has a local ordinance about fireworks, locate the local municipality you want to check, and then determine if the local ordinance is available to search online. If it isn't, contact the local city or county clerk.

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If you're having trouble searching court records online through Xchange or using CORIS at a district courthouse, here are some tips to improve your results:

• In either program, enter both a last name and first name to search. Searching by a last name only will match that last name with any first name. This may result in thousands of matched results, especially if it's a common last name like Smith.
• In either program, use the * symbol after the first name to catch any variation using that name. Court records may have recorded a party's first name using a middle initial, full middle name, or with no middle name at all. You can even use the * after the first few letters of a first name or last name if you are unsure of spelling.
• In CORIS, case result tables show cases in gray or bold. Grayed cases are closed, while bolded cases are still open.
In Xchange, you can narrow your search by any date range.

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We've just received the 10th edition of Criminal Law Handbook.

This Nolo book covers topics including talking to the police, search and seizure, arrest, eyewitness identification, book and bail, criminal defense lawyers, criminal court, arraignments, discovery, fundamental trial rights, basic evidence rules, plea bargains, sentencing, appeals, juvenile courts and prisoners' rules.

Our Law Books for Non-Lawyers handout lists other self-help books we have in the library.

Many public libraries carry Nolo titles - check your local library catalog to see if they have this or other books written for non-lawyers.

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Over 30 laws passed by the Utah Legislature during its 2009 session become effective today. Portion of other bills passed during this session or previous session may also become effective today--check out the legislature's page for more information.

To review a list of those laws, go to the Utah Legislature's Bills Passed page. Next, select the 2009 General Session or the 2009 First Special Session. Click on the Effective Date column header to sort the list by effective date and scroll down to the listings for July 1, 2009.

The 2009 Digest of Legislation provides a subject index of passed legislation, and summary of each bill for the 2009 General Session.

Bills, or portions of bills, effective today include:

Planning ahead for physical and mental incapacity is an important issue for all of us. Utah law provides suggested forms and instructions for advance health care directives and the appointment of an agent to make health care decisions for an adult who loses the capacity to communicate. You can link to Utah’s forms and more information at http://aging.utah.edu/utah_coa/directives/ , or directly from the court website at http://www.utcourts.gov/howto/seniors/#Advance.

The Utah Division of Aging and Adult Services provides information and forms about advance health care decision making including a very useful Tool Kit that helps people think through their wishes and how to express them in meaningful ways. Go to http://www.hsdaas.utah.gov/advance_directives.htm

Utah law also provides for a mental health directive to help people with mental illness plan ahead for such tough decisions as commitment to treatment and medications. Go to more information on the Nami Utah Web site at http://www.namiut.org/index.php?option=com_content&task=view&id=62&Itemid=52, or view Utah’s laws and sample Declaration for Mental Health Treatment form at Utah Code 62A-15-1001 to 1004, http://le.utah.gov/UtahCode/section.jsp?code=62A-15.

On the national front, the Secretary of Health and Human Services sent a comprehensive report to Congress this week entitled “Advance Directives and Advance Care Planning.” The report, requested by Congress in 2006, focuses on (1) the best ways to promote the use of advance directives and advance care planning among competent adults as a way to specify their wishes about end-of-life care; and (2) addressing the needs of persons with disabilities with respect to advance directives. You can link to the report at http://aspe.hhs.gov/daltcp/reports/2008/ADCongRpt.htm. It includes an excellent literature review on every aspect of advance care planning, analyses of key ethical and legal issues, and a discussion of opportunities to enhance the effectiveness of advance care planning and advance directives.
The report is particularly timely as health care reform is in the public policy forefront, and several bills are pending in Congress regarding advance care planning and improving care near the end of life.

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The May/June issue of the Utah Bar Journal has an article by our own Mari Cheney describing Web 2.0 tools for Utah attorneys.

Mari explains the difference between blogs, Twitter and other social networking tools, and provides links to resources. Read all about it!

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We've just received the latest edition of The Employer's Legal Handbook.

This Nolo book covers topics including hiring, personnel practices, wages and hours, employee benefits, taxes, family and medical leave, health and safety, illegal discrimination, workers with disabilities, termination, employee privacy, independent contractors, and unions.

Our Law Books for Non-Lawyers handout lists other self-help books we have in the library.

Many public libraries carry Nolo titles - check your local library catalog.

Posted by Jessica Van Buren at 07:50 AM | Permalink | Comments (0) | TrackBacks (0)

On May 20, the Utah State Legislature met for a special legislative session and passed seven bills that same day. Governor Hunstman signed all seven bills into law the following day.

One bill directly related to the Courts was Senate Bill 1002, which amends Utah Code 45-1-101 to include publishing legal notices on a "website established by the collective efforts of Utah's newspapers." See S.B. 1002. Beginning January 1, 2010, if you are required to publish a legal notice, it must appear on the website created by Utah's newspapers. Currently, Utah Legal Notices, maintained by the Utah Press Association, pulls legal notices from many of the state's newspapers. Watch the site for updates and changes while the newspapers in Utah get ready for this publication requirement.

Posted by Mari Cheney at 12:10 PM | Permalink | Comments (0) | TrackBacks (0)

We've just received the latest edition of Every Tenant''s Legal Guide.

This Nolo book provides an overview the rights and responsibilities of tenants.

Our Law Books for Non-Lawyers handout lists other self-help books we have in the library.

Posted by Jessica Van Buren at 01:36 PM | Permalink | Comments (0) | TrackBacks (0)

Are you renting a house or an apartment that is being foreclosed?

Thanks to new Federal legislation, you may have the right to stay in the foreclosed property up to 90 days after the date of foreclosure or through the end of your lease, depending on whether the property will be used as a primary residence by the new owner. You'll want to consult the law to see what provisions apply to your situation.

President Obama signed Public Law No. 111-22 on May 20, 2009. The act protecting renters living in foreclosed property is part of the Helping Families Save Their Homes Act of 2009.

Posted by Mari Cheney at 08:53 AM | Permalink | Comments (0) | TrackBacks (0)

The Utah State Archives has posted a new Utah Government Publications and Documents research guide on their website.

The guide describes the public documents serial set, the state depository system and how to find publications.

Thanks to the Researching the Utah State Archives blog for bringing this to our attention.

Posted by Jessica Van Buren at 01:03 PM | Permalink | Comments (0) | TrackBacks (0)

In commemoration of National Library Week (April 12-18, 2009) the Utah State Law Library will be offering the following classes and tours:

Introduction to Resources for Self-Represented Parties
The class 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.

When
Monday, April 13th 12:30 - 1:30 p.m. and 3:30 - 4:30 p.m.
Wednesday, April 15th 12:30 - 1:30 p.m. and 3:30 - 4:30 p.m.

Westlaw Basics
This class will teach you how to search for case law, statutes, and other information using specialized search techniques. You will also learn about the various options for printing and saving.

When
Tuesday, April 14th 12:30 - 1:30 p.m. and 3:30 - 4:30 p.m.

Introduction to HeinOnline
HeinOnline provides access to historic and current legal publications, including law reviews and Federal material, and includes content not available on Westlaw or LexisNexis. Learn how to access these documents and view, print, and download them in PDF form.

When
Thursday, April 16th 12:30 - 1:30 p.m. and 3:30 - 4:30 p.m.

----------------------------------------------------------------------------------------
Register Today!
Registration is required for all classes. To reserve your spot:
• Call 238-7990
• Email library@email.utcourts.gov
• Or, stop by the State Law Library

Where
All classses will be held at the Utah State Law Library
Matheson Courthouse, 450 South State Street, Room W-13

Posted by Jessica Van Buren at 09:14 AM | Permalink | Comments (0) | TrackBacks (0)

We get a lot of questions about criminal penalties in the law library.

The court's Criminal Penalties page explains the difference between felonies, misdemeanors and infractions. It also provides information about the different degrees and classes and the possible penalties - imprisonment and fines - for each level of offense.

The page also describes some of the things a judge considers when imposing a sentence, and provides an outline of the sentencing process.

Posted by Jessica Van Buren at 07:35 AM | Permalink | Comments (0) | TrackBacks (0)

One of the most popular research requests we get at our library is for superseded Utah Codes - what the law looked like before the current version. The Utah State Law Library has a complete collection of superseded Utah Codes starting with Compiled Laws of Utah (1876), as well as Utah's session laws dating back to 1851.

Figuring Out the Life Story of a Statute
Every statute has a story to tell. To trace a statute's history you'll need an annotated Utah code, in print or online. Look for the history information provided after the text of the law. Note that the version of the Utah Code provided on the Legislature's website is unannotated, and only provides information about the most recent amendment to the law.

• This section was originally enacted in 1937 as chapter 130, section 2
  
• The section previously appeared in the 1933 Revised Statutes as section 100-3-25
  
• The section was amended in 1941
  
• The section was amended in 1987 by two different session laws
  
• The section was amended in 2004
  
• The section was amended in 2008 by two different session laws

Sometimes the History Notes Aren't Enough
In most cases the history line provides a complete history of the statute from its enactment to its current version. However, statutes can be renumbered, or repealed and re-enacted, and these actions are not always reflected in the history notes or other annotations. If you think the law existed before the stated enactment date, look at superseded code volumes older than the purported enactment date, or at the enacting session law to see if there's any mention of the legislature moving the chapter or section to a different part of the code.

Law library staff have other tricks up their sleeves too, so don't hesitate to ask for help!

Posted by Jessica Van Buren at 03:15 PM | Permalink | Comments (0) | TrackBacks (0)

The 2009 General Session of the Utah State Legislature ended last night at midnight.

You can see a list of laws that passed on the Legislature's Bills Passed page.

Click on the underlined heading for any column to sort the list by that criteria. If, for example, you want to see how many laws were passed on a specific day of the session, click on the Date Passed heading.

A complete list of all the bills considered in the 2009 General Session, passed or not, is available on the Bills and Resolutions page.

Posted by Jessica Van Buren at 08:00 AM | Permalink | Comments (0) | TrackBacks (0)

In December of 2008, Utah had a 4.1% unemployment rate. Regional state unemployment rates for January 2009 will be released tomorrow by the Bureau of Labor Statistics, but in the meantime you can use this interactive map to track unemployment rates by county, which are based on the December 2008 statistics.

The laws governing unemployment benefits in Utah are found at Title 35A, Chapter 4. The Department of Workforce Services has also enacted administrative rules about unemployment insurance.

For information about how to file for unemployment benefits, visit the Department of Workforce Services' page on Unemployment Insurance for Job Seekers. From this page, you can learn about how to file new claims, reopen a claim, or file an appeal.

Posted by Mari Cheney at 07:40 AM | Permalink | Comments (0) | TrackBacks (0)

No Federal, State or local law requires your employer to pay you if you take a day off because you're sick or need to care for a family member due to a short-term illness.

However, if the illness or other health-related concern (such as pregnancy) requires an extended time away from work, the Family and Medical Leave Act (FMLA) may apply. All public agencies, including state and Federal employers, and private employers with more than 50 employees, are required to provide FMLA-protected leave.

So, what are your options if you just have the flu or a nasty cold?

• Consult your human resources policy. If your employer does allow you to take paid sick days, it should be spelled out in the HR manual. The manual should also detail how many sick hours you accrue per pay period or hours worked.
• Check out the Utah laws related to labor, particularly Title 34 and 34A.
• The Utah Labor Commission provides information for both employers and employees about State labor laws.
• The U.S. Department of Labor has information about the Federal laws pertaining to workers, particularly the FMLA and the Fair Labor Standards Act (FLSA).

Special thanks to Margo Bird, Human Resources Representative, for her editorial advice.

Posted by Mari Cheney at 07:12 AM | Permalink | Comments (0) | TrackBacks (0)

This free class will teach you how to search for case law, statutes, and other information using specialized search techniques. You will also learn about the various options for printing and saving.

When
Thursday, March 12th 3:30 to 4:30 p.m.

Where
Utah State Law Library
450 South State Street, Room W-13

Register Today!
Registration is required. To reserve your spot:
• Call 238-7990
• Email library@email.utcourts.gov
• Or, stop by the State Law Library

Posted by Jessica Van Buren at 08:18 AM | Permalink | Comments (0) | TrackBacks (0)

You may have heard the phrase "implied warranty of habitability" as it applies to the condition of an apartment or other rental unit. If you've signed a lease and moved in to your apartment only to discover cockroaches, mold, or other livability issues, you may be wondering if you have to live there, and if your landlord is required to fix the problem.

The Utah Fit Premises Act, found in Title 57 Chapter 22 of the Utah Code, discusses the rights and responsibilities of both landlords and tenants.

Utah Code §57-22- 3(1) states: "Each owner and his agent renting or leasing a residential rental unit shall maintain that unit in a condition fit for human habitation and in accordance with local ordinances and the rules of the board of health having jurisdiction in the area in which the residential rental unit is located. Each residential rental unit shall have electrical systems, heating, plumbing, and hot and cold water." (emphasis added)

To find your county or city ordinances, visit the Utah City and County Government page. For example, the St. George city ordinance on fit premises is found at Title 4 Chapter 7. To find your local ordinance, try using the search terms "fit premises," "habitation," or "nuisance."

For more information about your rights as a tenant, check out the Utah Renters Handbook and the Landlord-Tenant page on the Court's website.

Posted by Mari Cheney at 11:19 AM | Permalink | Comments (0) | TrackBacks (0)

Today is the first day of the 2009 Utah legislative session.

The Utah Constitution was amended by voters this fall to change the opening day of the Utah State Legislature from the third Monday in January to the fourth Monday. Previously opening day coincided with the Martin Luther King, Jr. federal holiday.

The legislative session runs for 45 days. The amendment to Article VI Section 2 of the Utah Constitution also included a provision that excludes federal holidays from the count of legislative days, so Presidents' Day is no longer counted as a legislative day.

You can track the work of the Utah Legislature during its session on its website: http://le.utah.gov.

Posted by Jessica Van Buren at 07:13 AM | Permalink | Comments (0) | TrackBacks (0)

The Weekly Compilation of Presidential Documents is now the Daily Compilation of Presidential Documents. This change became effective with the new presidential administration on January 20, 2009.

Whatever its title, this is the official publication of executive orders, proclamations, presidential statements, messages, remarks, and other materials released by the White House Press Secretary, and is published by the Office of the Federal Register.

From the Daily Compilation page you can browse documents by date or search by keyword.

Posted by Jessica Van Buren at 12:58 PM | Permalink | Comments (0) | TrackBacks (0)

Curious about how to find and use appellate briefs?

Check out Mari Cheney's article Researching and Using Utah Appellate Briefs and Other Appellate Resources in 22 Utah Bar Journal 22 (January-February 2009 ).

The article describes how and where to find briefs, and summarizes other appellate resources such as the appellate opinion notification service, online oral argument recordings, and pro se guides.

Posted by Jessica Van Buren at 07:51 AM | Permalink | Comments (0) | TrackBacks (0)

Do you follow Utah politics and legislation?

Utah's Senate Majority and Minority have unofficial blogs. You can read and comment on featured news stories and legislative discussions posted by Senators.

Posted by Joanne Gialelis at 11:00 AM | Permalink | Comments (0) | TrackBacks (0)

It's snow season - have you ever wondered what the law says about shoveling snow from sidewalks?

Snow removal is generally regulated at the local level, by city or county law, and the responsibilities of private land owners may be different from business owners.

The Salt Lake City Code, for example, has this provision:

14.20.070 Snow To Be Removed From Sidewalks:

It is unlawful for the owner, occupant, lessor or agent of any property abutting on any paved sidewalk to fail to remove or cause to be removed from the length and breadth of the entire sidewalk abutting such property all hail, snow or sleet falling thereon, within twenty four (24) hours after such hail, snow or sleet has ceased falling. Each day such sidewalk is not so cleared shall constitute a new violation.

The Logan City Code has this provision:

12.08.080: DUTY TO REMOVE SNOW AND ICE:

It is unlawful for the owner, occupant, lessor or agent of either the owner, occupant or lessor of any property abutting on any paved sidewalk where said property is open to the public for business to fail to remove or cause to be removed from such paved sidewalk and bus stop all hail, snow or sleet falling thereon, and all ice forming thereon, within one hour after such hail, snow or sleet shall have ceased falling or such ice shall have formed; provided, that in case of a storm, between the hours of five o'clock (5:00) P.M. in the afternoon and six o'clock (6:00) A.M. in the succeeding morning, or in case of ice forming during the same hours, such sidewalk shall be cleaned before nine o'clock (9:00) A.M. in the morning immediately succeeding the storm or the formation of such ice.

Many of Utah's city and county codes are available online. If your city or county code isn't online, contact your local public library or city/county clerk's office to see if they have a print copy.

Posted by Jessica Van Buren at 10:33 AM | Permalink | Comments (0) | TrackBacks (0)

The law library's subscription to HeinOnline now includes complete coverage of the United States Code back to 1925.

HeinOnline is available from the public computers of the Utah State Law Library. If you are a Utah state employee, you can also access HeinOnline from your desktop at http://www.heinonline.org/HOL/Welcome.

If you have any questions about HeinOnline please contact the State Law Library at 801-238-7990 or library@email.utcourts.gov.

Our HeinOnline subscription includes:

• Law Journal Library of nearly 1200 American, international and non-U.S. legal periodicals. Most journal coverage begins with v.1 and is within a volume of the most current. By comparison, Lexis and Westlaw coverage generally starts in the mid-1980s.

• Treaties and Agreements Library of all U.S. treaties and agreements in force and expired, in addition to explanatory materials.

• Federal Register Library which includes the Federal Register (1936- ), Code of Federal Regulations (1938- ), Weekly Compilation of Presidential Documents (1965- ), and U.S. Government Manual (1935- ).

• U.S. Supreme Court Library which includes the U.S. Reports (v.1- ) as well as books and journals about the court.

• U. S. Attorney General Opinions Library which includes the Official Opinions of the Attorneys General of the United States (1791-1982) and the Opinions of the Office of Legal Counsel of the United States Department of Justice (1977-1996).

• U. S. Congressional Documents Library which includes complete coverage of the Congressional Record (1873- ).

• U.S. Federal History Library which provides complete legislative histories of dozens of major federal acts.

• U. S. Federal Agency Documents, Decisions and Appeals Library which provides decisions from dozens of federal agencies including Immigration, NLRB, Comptroller General, FCC, NRC, SEC and US Tax Court.

• U.S. Statutes at Large Library which provides complete coverage from v.1, 1789.

• Presidential Library which includes assorted compilations of the papers of the presidents (1896- ), as well as Title 3 of the CFR (1936- ).

• Legal Classics Library which includes hundreds of historical American legal treatises.

All documents are fully searchable PDF images, which include all charts, graphs and photos appearing in the original.

Posted by Jessica Van Buren at 10:16 AM | Permalink | Comments (0) | TrackBacks (0)

A number of laws passed during the 2008 General Legislative Session and the 2007 First Special Session become effective in Utah on January 1, 2009, or at least make mention of a January 1, 2009 date.

HB 54 Property Tax Assessment Revisions
HB 77 Personal Property Tax Amendments
HB 106 Clean Air and Efficient Vehicle Tax Incentives
HB 186 Property Tax-County Assessment and Collection Amendments
HB 206 Tax Amendments
HB 359 Tax Changes
HB 365 Aviation Amendments
HB 373 Uniform Fees on Vintage Motor Vehicles

SB 72 Justice Court Amendments
SB 122 Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
SB 136 Apportionment of Business Income and Deduction of Net Losses by an Acquired Corporation
SB 149 Motor Vehicle Liability Policy Minimum Limits
SB 176 Unemployment Insurance Contribution Rates Amendments
SB 237 Commercial Airline and Airport Taxation Amendments
SB 242 Law Enforcement Tracking of Domestic Violence Statistics

The above list is not inclusive. Check the legislature's website for more detail. Portions of the above laws may also have other effective dates. For more information, see the Digest of Legislation.

Posted by Mari Cheney at 11:17 AM | Permalink | Comments (0) | TrackBacks (0)

Use the Utah State Courts' web site to locate both Court of Appeals and Supreme Court opinions. Court of Appeals opinions are available from 1997 to present and Supreme Court opinions are available from September of 1996. Use the search box to do a keyword search, or browse opinions by name or by year of opinion.

LexisONE also offers a free service that allows you to search 10 years worth of Utah cases, either by keyword or citation. You can also narrow your results by date, judge, parties, and counsel.

Posted by Mari Cheney at 07:42 AM | Permalink | Comments (0) | TrackBacks (1)

GPO Access has released a report comparing the availability of legislative resources on eight online databases, four governmental and four non-governmental. The governmental databases include GPO Access, THOMAS, House.gov and Senate.gov, while the non-governmental databases include CQ.com, HeinOnline, LexisNexis Congressional, and Westlaw.

The report, and other similar comparison reports, is available at http://fedbbs.access.gpo.gov/library/compare/.

Posted by Mari Cheney at 08:46 AM | Permalink | Comments (0) | TrackBacks (0)