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 […]
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 […]
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 […]
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 […]
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 […]
What is a Motion in Limine?
WHAT IS A MOTION IN LIMINE? A “motion” is a court document that asks the court to make a court order regarding the matters addressed and pled for in the motion in an existing case. A Motion in Limine is a threshold motion to prevent certain improper evidence from being admitted at trial. “In Limine” […]
Fifth Amendment Right to Remain Silent—What to Do When Pulled Over by Police
FIFTH AMENDMENT RIGHT TO REMAIN SILENTWHAT TO DO WHEN PULLED OVER BY THE POLICE Driving a car is an easy way to get around, but it can lead to trouble when you are pulled over by a police officer. Depending on whether you are charged and what the charges are, you could be facing hefty […]
What is Defamation?
WHAT IS CRIMINAL DEFAMATION? Utah Code § 76-9-404 defines criminal defamation as a person who knowingly communicates to any person, orally or in writing, any information that they know to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule. Criminal defamation is a class B misdemeanor. […]
How to Suppress a Breathalyzer Test
SUPPRESSABILITY OF A BREATHALYZER TEST Driving a car is an easy way to get around, but it can lead to trouble when you are pulled over for driving under the influence. Driving under the influence and other related crimes can harm your future: your license can be suspended, and you can face jail time. However, […]
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 […]