Attorney vs. Paralegal

WHAT IS A PARALEGAL? A paralegal is professionally trained to assist attorneys in various legal capacities. While a paralegal can sometimes perform clerical work such as filing or calendaring, that is not a paralegal’s main duty. The duties mentioned above typically belong to a legal assistant. A paralegal is essentially a legal assistant that is […]

Civil Rights Violations

WHAT ARE CIVIL RIGHTS? In the United States of America, you have civil rights, as does everyone in the country. However, what are civil rights? The U.S. Department of Health and Human Services (HHS) defines civil rights as “. . . personal rights guaranteed and protected by the U.S. Constitution and federal laws enacted by […]

Discovery

WHAT IS DISCOVERY? Each party in a legal case has the opportunity and the right to learn about the strengths and weaknesses of the other party’s case. Some of the information, called Initial Disclosures, must be disclosed to the other party at the beginning of the case, and the party with the information must provide […]

Ketamine Laws in Utah

WHAT IS KETAMINE? Ketamine can be used in—and it has been proven to be significantly helpful for—treating major depression and other mental ailments. Many people depend on ketamine treatment to treat their depression and other mental ailments, and they adamantly report that ketamine cured or significantly improved their depression or other mental ailments. Despite the […]

Intentional Infliction of Emotional Distress

WHAT IS THE INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS? The tort (wrongful act) of intentional infliction of emotional distress (IIED) occurs when one acts abominably or outrageously with the intent to cause another to suffer severe emotional distress, for example, abominably issuing an outrageous threat of future harm upon another person.[mfn]See https://www.law.cornell.edu/wex/intentional_infliction_of_emotional_distress[/mfn] A prima facie[mfn]i.e., accepted […]

Need an Ex Parte Motion? What is an Ex Parte Motion?

What Does Ex Parte Mean? Ex parte is Latin for “from one party.”[mfn]https://www.law.cornell.edu/wex/ex_parte[/mfn] An ex parte motion is a motion for orders that a judge can grant without waiting for a response from the other side. These orders are generally used only for a short period of time before a hearing can be held. These […]

Arbitration vs. Mediation

WHAT IS “ALTERNATIVE DISPUTE RESOLUTION”? Alternative dispute resolution (ADR) refers to arbitration, mediation, and other means of dispute resolution to resolve a legal case—excluding things such as a court trial or other formal legal proceedings requiring court intervention.[mfn]Utah Code § 78B-6-202, Utah Alternative Dispute Resolution Act, Definitions.[/mfn] For example, it can be cumbersome to go […]

Cannabis Laws in Utah

IS MARIJUANA LEGAL IN UTAH? Marijuana is a controlled substance in the State of Utah unless one is using it for medicinal purposes. Knowing that marijuana is a controlled substance in Utah, the following applies: It is unlawful for a person to knowingly and intentionally (1) produce, manufacture, or dispense, or to possess with intent […]

The Law From a Paralegal’s Point of View

WHAT IS A PARALEGAL? A paralegal is professionally trained to assist attorneys in various legal capacities. While a paralegal can sometimes perform clerical work such as filing or calendaring, that is not a paralegal’s main duty. A paralegal differs from a legal assistant in that they are trained to draft legal documents, conduct legal research, […]

What is a Rule 412 Motion?

RULE 412 EVIDENCE: WHAT IS RULE 412? Rule 412 of the Federal Rules of Evidence is an evidentiary rule that pertains to an alleged victim’s prior sexual history. An alleged victim’s prior sexual history can usually not be submitted as evidence in a sexual assault or sexual abuse hearing. The courts have decided that an alleged […]