Law Commons^™

Healthbanc International, Llc, A New Hampshire Limited Liability Company, Bernard Feldman, An Individual, Plaintiffs, V. Synergy Worldwide, Inc., A Utah Corporation, And Nature's Sunshine Products, Incorporated, A Utah Corporation, Defendants. : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On certified question of law from the United States District Court for the District of
Utah, Honorable Jill N. Parrish, Case No. 2:16-cv-00135

Robert L. Judd Iii, Trustee In Trust For The Robert L. Judd Marital Trust, And Charles L. Allen, Trustee Of The Pauline J. Weggeland Family Trust, Appellants And Cross-Appellees, V. David Bowen, Appellee And Cross-Appellant : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF APPELLANTS AND CROSS-APPELLEES

On Writ of Certiorari to the Utah Court of Appeals

Third Judicial District Court, Salt Lake County, Honorable Su J. Chon
District Court No. 110917049, Utah Court of Appeals No. 20170285-CA

Kyle Savely, Claimant-Appellant, V. Utah Highway Patrol And Utah Department Of Public Safety, Defendants-Appellees. : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of The Libertas Institute as Amicus Curiae Supporting
Appellant

On Appeal from Dismissal of Petition for Return of Property in the
Third District Court -- Summit County
The Honorable Kara Pettit Presiding

Kyle Savely, Claimant-Appellant, V. Utah Highway Patrol And Utah Department Of Public Safety, Defendant-Appellee. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF APPELLANT

APPEAL FROM DISMISSAL OF PETITION FOR RETURN OF PROPERTY,
IN THE THIRD DISTRICT COURT--SUMMIT COUNTY, STATE OF UTAH,
THE HONORABLE KARA PETTIT PRESIDING

Robert L. Judd Iii, Trustee In Trust For The Robert L. Judd Marital Trust, And Charles L. Allen, Trustee Of The Pauline J. Weggeland Family Trust Petitioners, V. David Bowen, An Individual, Respondent. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF PETITIONERS ROBERT L. JUDD III and CHARLES L. ALLEN

Appeal from the Third Judicial District Court, Salt Lake County
Honorable Su J. Chon, Case No. 110917049;
Utah Court of Appeals No. 20140285-CA

Deborah Michelle Kiley, Debtor/Appellant, V. Mary M. Hunt, Trustee, Trustee/Appellee. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF THE APPELLEE

In re: Deborah Michelle Kiley

Certification of Questions of State Law by the United States Bankruptcy Court for the
District of Utah
Before the Honorable Kevin R. Anderson, Federal Case No. 15-27838

Terry Mitchell, Plaintiff, V. Richard Warren Roberts, Defendant. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Plantiff Terry Mitchell’s Responsive brief in support of
an affirmative answer to questions certified by the
Untited States District Court

From the United States District Court, District of Utah,
Before Magistrate Judge Evelyn J. Furse
No. 2:16-cv-00843-EJF

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Editorial

Journal of Civil Law Studies

No abstract provided.

Louis Victor De La Vergne (1938-2017), Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Notarial Acts As Written Evidence: Towards A Convergence Between Civil Law And Common Law Systems, Angelo Chianale

Journal of Civil Law Studies

This article studies the contrast between civil and common law systems regarding the significance of the notarial act. According to conventional scholarship, in the former, civil procedure requires written evidence and the notarial act is the strongest kind of evidence. In the latter, however, civil procedure requires oral evidence and the notarial act has no specific relevance. This article examines the extent of these two main principles: a) in civil law systems the notarial act is full evidence of the extrinsic and a document can be challenged only with an action for falsity; and b) in common law systems the …

The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu

Journal of Civil Law Studies

One of the defining features of the Uniform Commercial Code Article 9 is the secured creditor’s ability to take possession of the collateral upon the debtor’s default “without breach of peace.” This standard is meant to protect the debtor from abusive secured creditors, the meaning of which has been shaped by courts on a case-by-case basis.

In reforming their secured transactions laws to enhance access to credit, continental legal systems have shown great reception to Article 9 by adopting the unitary concept and functional approach to security interests, introducing private enforcement mechanisms, including various forms of self-help repossession. However, the …

What Medical Risks Should Physicians Disclose To Their Patients? Towards A Better Standard In American And French Medical Malpractice Law, Alina-Emilia Ciortea

Journal of Civil Law Studies

This essay discusses the historical and evolutionary back-ground of the doctrine of informed consent in medical malpractice cases in order to provide the reader with a detailed and a unique comparative perspective of the law in the United States and in France, along with some cross-references to other legal systems across the globe.

In order to achieve the desired goal, this paper conducts the analysis based on a hypothetical situation. Starting from these facts, the paper shows how and if the American and the French standards addressing the scope of the physician’s duty to disclose the risks intrinsic to the …

The Interaction Of Good Faith With Contract Performance, Dissolution, And Damages In The Louisiana Supreme Court, Jumoke Dara, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

The Fourth Circuit’S Treatment Of Anunconventional Obligation Inwegmann V. Tramontin, Nathan W. Friedman

Journal of Civil Law Studies

No abstract provided.

Hooper V. Hero Lands Company, Christopher B. Ortte

Journal of Civil Law Studies

No abstract provided.

Complete V.10

Journal of Civil Law Studies

No abstract provided.

A Decade Of Civilian Scholarship: The Role Of The Journal Of Civil Law Studies As A Bridge Between Louisiana And The Civil Law World, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Indonesia And Asean Plus Three Financial Cooperation, Ariswan Gunadi

Indonesia Law Review

Indonesia and ASEAN Plus Three Financial Cooperation is a very well-written book by Eko Saputro. The ASEAN Plus Three Financial Cooperation was established to maintain and strengthen the common objective of its member, particularly in the economic area.1 This book analyzes Indonesia’s current position in East Asia, in the connection with the ASEAN Plus Three Financial Cooperation. Divided into 7 chapters, the book provides an analysis of Indonesia’s role APT financial regionalism with more emphasize on the financial sector instead of education.

Asylum Seekers In A Non-Immigrant State And The Absence Of Regional Asylum Seekers Mechanism: A Case Study Of Rohingya Asylum Seekers In Aceh-Indonesia And Asean Response, Bilal Dewansyah, Wicaksana Dramanda, Imam Mulyana

Indonesia Law Review

The problem of asylum seekers has become a global humanitarian issue. Demands regarding the handling mechanisms based on the values of human rights is getting stronger voiced by the international community. In the Southeast Asian region, the number of ethnic Rohingya asylum seekers has increased and has started to demand settlement in non-immigrant countries like Indonesia. Although Indonesia does not have international obligations in handling asylum seekers, constitutionally, Indonesia has an obligation to guarantee the right of everyone to obtain asylum which has been included in the Constitution. In a global perspective, humanitarian issues in the handling of asylum seekers …

Dualism Of Judicial Review In Indonesia: Problems And Solutions, Hamid A. Chalid

Indonesia Law Review

Through the momentum of the third amendment of the 1945 Constitution of the Republic of Indonesia which was passed in 2001, Indonesia has officially adopted a dualistic judicial review system. Under such system, the authority to conduct judicial review is divided/spread to the two judicial organs, each with its own scope of review; namely, the Supreme Court/Mahkamah Agung reviews regulations below the level of Law (Undangundang), while the Constitutional Court/Mahkamah Konstitusi reviews the same against the Constitution (constitutional review). Seen from the theoretical and practical perspective adhered to by states which adopt the formation of the Constitutional Court (centered judicial …

Bountiful City, Plaintiff/Appellee, V. Nathan David Baize, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from Post Sentencing Judgment / Commitment entered on February 10,2017, in
the Second District Court, Davis County, the Honorable Glen R. Dawson, presiding

ORAL ARGUMENT REQUESTED

Vivint Solar, Inc., A Delaware Corporation; And Arm Security, Inc., A Utah Corporation, Plaintiffs/Appellants, V. Douglas Robinson, An Individual, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

Appeal from the Fourth District Court, Utah County, from an order granting summary
judgment and an award of attorney fees before the Honorable Thomas Low

State Of Utah, Plaintiff/Appellee, V. Jennifer Oryall, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for driving under the influence of
controlled substances, in the Fourth Judicial District, Utah
County, the Honorable James R. Taylor, presiding

Labor Commission Plaintiff-Appellant, V. Derek Price, Defendant-Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

LABOR COMMISSION'S REPLY BRIEF AS APPELLANT AND
RESPONSE BRIEF AS CROSS-APPELLEE

Appeal from the Final Order of the Third Judicial District Court in
and for Salt Lake County, Honorable Su J. Chon
No. 126918635

Mary Ellen Robertson Petitioner/Appellee, V. Michael Stevens Respondent/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

ORAL ARGUMENT REQUESTED

On appeal from:
The Honorable Ernie W. Jones
Second Judicial District Court
District Court No. 154901439

State Of Utah, Plaintiff/Appellee, V. Jacquan David Wilson, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

RELY BRIEF OF APPELLANT

Appeal from Sentence, Judgment, Commitment entered on November 16, 2017, in the
Second District Court, Davis County the Honorable Robert J. Dale, presiding

ORAL ARGUMENT CALENDARED

Heartwood Home Health & Hospice, Llc,, Plaintiff/Appellant, Vs. Rita Huber, And Glenna Molyneux, Defendants/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLEES' BRIEF

Appeal from the Third District Court, Salt Lake County from orders entered
by the Honorable John Paul Kennedy.

The State Of Utah, Plaintiff/Appellee, V. Adam Hillman, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for one class-A misdemeanor count of
propelling bodily substance in violation of Utah Code 76-5-102.9(3), one class-
B misdemeanor count of interfering with arresting officer, in violation of Utah
Code 76-8-305, and one class-B misdemeanor count of failure to disclose
identity, in violation of Utah Code 76-8-301.5 in the Third Judicial District
Court, in and for Salt Lake County, State of Utah, the Honorable Royal Hansen
presiding.

Roger Bryner, Plaintiff-Appellant, V. Utah Attorney General's Office, Defendant-Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

RESPONSE BRIEF OF DEFENDANT

Appeal from the Final Order of the Third Judicial District Court in
and for Salt Lake County, Honorable Laura S. Scott, Presiding
Case No. 160906562