- Wireless Password: oater
Posted November 30, 2009, 5:51 am by Jessica Van Buren
The wireless password for the week of November 30, 2009 is oater. More information about wireless access in Utah's courthouses.
- Utah DUI Cops' Eye Test (HGN)...Is it Valid?
Posted November 27, 2009, 10:08 am
The Horizontal Gaze Nystagmus Test is a field test that officers across the nation, including Utah, use to determine whether a person is impaired. Is the test valid? The officer is not an opthamalogist and uses no scientific equipment to check a person's eyes. He is not trained by anyone who has scientific training with the eyes. On a good day, the National Highway Traffic Safety Administration studies say this test is at least 77% accurate at determining whether a person is above a .10 (now...
- Salt Lake City Bus Accident Claims the Life of Former University of Utah Professor
Posted November 25, 2009, 3:38 pm by ronkramerlaw
A former University of Utah associate professor died after falling out of a moving shuttle bus in Salt Lake City, Utah on Thursday, November, 19, 2009. The professor was a 63-year-old female originally from China. According to the Salt Lake Tribune, police are still trying to locate her family so her identity has not been revealed to the public. The woman fell through the shuttle's side rear door as it turned left from North Campus Drive onto Mario Capechhi Drive at around 8:20 at night."She...
- Google Challenges Westlaw and Lexis With âœGoogle Scholarâ
Posted November 25, 2009, 10:56 am by Kenneth Reich
Google continues to expand the universe around it-this time it has rolled out "Scholar" a free search engine for case law and articles. Scholar has the ability to search for specific cases or by topic. Once a case is identified, you can then explore "cited by" and "related articles" links. You can also explore articles or opinions related to your case or topic. Scholar exposes the profit foundation for Westlaw and Lexis and threatens to relegate these companies into nothing more than a way to...
- THE REQUIREMENT TO BE FAIR IN CONTRACTS
Posted November 25, 2009, 6:38 am by Russ Mitchell
When you enter an agreement with someone in which each of you takes on certain duties of performance, a written contract helps both parties specifically state what they are required to do to fulfill their obligations. This is a great advantage of a written contract and helps reduce ambiguities and uncertainties. However, in Utah and many other jurisdictions, in addition to those clauses or covenants expressly written in a contract, there is an implied covenant between the parties that they will...
- November Holiday Hours: Thanksgiving
Posted November 24, 2009, 10:02 am by Mari Cheney
The Law Library, and all Utah State Courts, will be closed on Thursday, November 26 in celebration of Thanksgiving Day. Regular library hours (8 a.m.-5 p.m.) resume on Friday, November 27. The first presidential proclamation about Thanksgiving was made by George Washington in 1789. He declared the 26th of November as the date of celebration. In 1863, President Lincoln proclaimed that the last Thursday in November was a national holiday. Finally, in 1941 Congress and President Truman proclaimed...
- Top Criminal Law Blog
Posted November 23, 2009, 4:05 pm
Attorney.org recognized Utah DUI Attorney Law Blog (www.utahduilawblog.com) as one of the top criminal law blogs on the net. The ranking seems to be alphabetized, rather than a rank of the best to worse. The link is [www.attorney.org]. Attorney.org seems like a site that reports on current legal issues, items in the news, and seems to help people find competent lawyers. The site does not just focus on criminal law, but seems to focus on many areas of law including malpractice, criminal law,...
- Utah Driver Arrested after SUV Hits and Kills a Man
Posted November 23, 2009, 1:41 pm by ronkramerlaw
Eric W. Porter from Salt Lake City, Utah was arrested after allegedly killing a man with his vehicle following a fight at a party in Eagle Mountain, Utah on Saturday, November 21, 2009. 26-year-old, Eric Porter began arguing with 29-year-old, Brett L. Ostler of Magna, Utah, in a house located at Kiowa Parkway and Golden Eagle road. According to the Salt Lake Tribune, the argument intensified as Porter left the house and got into his SUV to leave the party. Ostler followed Porter into Porter's...
- New Proposed Rules for Gift Cards
Posted November 23, 2009, 7:11 am by Joanne Gialelis
Planning to buy gift cards for friends or family members this holiday season? The Federal Reserve Board has recently proposed rule changes to the Federal Reserve System's Electronic Funds Transfer regulation (12 CFR Part 205) that would limit the service and inactivity fees that can be placed on gift cards unless cards have been inactive for more than a year, there is no more than one fee per month, or if fees are fully disclosed to the consumer. The rules would also require expiration dates of...
- Wireless Password: novel
Posted November 23, 2009, 6:12 am by Jessica Van Buren
The wireless password for the week of November 23, 2009 is novel. More information about wireless access in Utah's courthouses.
- Save Utah Expungements
Posted November 22, 2009, 12:46 pm by Kelly Ann Booth
This coming year, the Utah legislature may revise Utah's expungement laws for the worse. The proposed changes in expungement law severely limit people's ability to expunge convictions. I urge you to write or call your Utah representatives and tell them to kill this bill. Proposed as the "Utah Expungement Act," the bill's stated goal is to help people expunge (which means to seal and effectively "erase") old convictions by making the process more "user friendly." Yet certain provisions in the...
- Newly-Arrived Court of Appeals Briefs
Posted November 20, 2009, 11:50 am by Marianne O'Brien
The library has received additional Court of Appeal briefs. The docket numbers range from 20070325 to 20090212 (list not inclusive). 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.
- Car Accidents Caused by Cell Phone Use Are On the Rise Despite Laws Against It
Posted November 19, 2009, 4:23 pm
The National Highway Traffic Safety Administration (NHTSA) has published a study containing surprising statistics regarding cell phones and car accidents. Despite an increase in local laws banning cell phone use for drivers, and other public safety awareness campaigns, drivers are increasing their use of hand-held cell phone devices. The research found that any given day in 2008, over 800,000 drivers were using a hand-held cell phone. According to the study, nearly 6,000 people died in 2008 due...
- A Novel Criminal Defense – Factual Innocence
Posted November 19, 2009, 12:40 pm by Kelly Ann Booth
Today in Miller v. State, the Utah Court of Appeals ruled that district courts must hear claims of factual innocence without making the person bringing the claims jump through myriad procedural hoops. Now, Harry Miller can finally pursue his claim of factual innocence. Miller's story is heartbreaking. In 2003, a woman saw Miller in public and identified him as the man that robbed her at knife point. Miller, a black man, had an alibi. At the time of the crime (December 8, 2000) he was in his...
- Check this Out -- GoogleLaw
Posted November 19, 2009, 12:20 pm by Lincoln W. Hobbs, Esq., CCAL
Google, in its continuing quest to take over the World, is entering the field of legal research. At a subpage of Google scholar, you can research cases by name or by citation. A search for Hermansen v. Tasulis pulled up 39 hits in .05 seconds; unbelievably faster than the alternatives, and presumably more thorough. The hits include the opinion itself; cases following the opinion and articles and briefs related to the opinion. A search for "Lincoln W. Hobbs" pulled up 16 reported opinions in...
- Caught by the Transit Police
Posted November 19, 2009, 7:34 am by Mari Cheney
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...
- Loss of Services Not Limited to $20 Per Day | Utah Accident and Injury Lawyers
Posted November 18, 2009, 11:13 am by ronkramerlaw
Part of the benefits under Utah's PIP, or Personal Injury Protection coverage, includes an amount for loss of household services. Simply put, if a person is injured to the point that they are unable to perform the usual household activities they used to before the crash, they are entitled to reimbursement if a family member or someone else helps them out. So, if mom can't vacuum any more and dad picks up the slack by performing this activity, then mom can make a claim for the value of that...
- Google gives criminal defense law research to the masses
Posted November 18, 2009, 12:30 am by Kelly Ann Booth
Yesterday, Google released it's legal research arm of Google Scholar to the public. This allows everyday people to aid in their criminal defense by researching case precedent; the key factor which instructs attorneys and courts on legal issues. Courts decide criminal law issues by examining your case and comparing it to rulings in earlier cases with similar facts. These authoritative-or precedential-cases are what form our legal system. For example: The police violate your constitution rights...
- Domestic Partnerships in Utah
Posted November 17, 2009, 7:57 am by Mari Cheney
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...
- Considering Bankruptcy?
Posted November 16, 2009, 11:27 am by Salcido
If you answer "yes" you are not alone. Chapter 7 and Chapter 13 bankruptcies have been steadily increasing during this economic recession. In October 2009 alone 135,914 individuals in the United States sought bankruptcy protection. With more and more people being laid off and with the slim job market, it is no wonder that individuals in Utah and across the country are finding that their best option is to declare bankruptcy. Depending on the amount of your income and debts as well as other...