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Questions Answered by Brian K Jackson
1 Answer | Asked in Civil Rights for Utah on
Q: A Utah fertility clinic denied service for me and my wife because we are not a "married heterosexual couple"

A Utah fertility clinic denied service for me and my wife because we are not a "married heterosexual couple", we are a legally married lesbian couple. Can they do that?

We have the emails and everything. We are looking into having a baby through In Vitro and we were looking... View More

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

This is a new area of law that isn't as tested but you probably have a good case if that was their only basis for denying you it could also depend on what insurance you have and what insurance they take on.

1 Answer | Asked in Divorce for Utah on
Q: I have been verbally, emotionally, and physically abused by my spouse. In looking at a divorce, do i have to pay alimony

I have been verbally, emotionally, and physically abused by my spouse. In looking at a divorce I am wondering if I have to pay him alimony since I make a lot more than him and he is going to school. Also, would we have to split the house or could I get the house in the divorce? My pay pays for 90%... View More

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

You are both entitled to half the equity, but there is more than one way to settle a divorce depending on the assets. There are ways you can prove that he wouldn't be entitled to alimony or less alimony such as what you have described above.

1 Answer | Asked in Land Use & Zoning, Criminal Law and Real Estate Law for Utah on
Q: My neighbor has a right of way across my property to access his property to my south. He has a camera in his window

Viewing my property. I feel uncomfortable going outside to garden or whatever. Is this legal?

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

It depends on how the area is setup and whether or not you have a reasonable expectation of privacy in that area. If you are uncomfortable, you can start by talking to the neighbor about it being as kind and courteous as possible. If for some reason that doesn't work, you can get an attorney... View More

1 Answer | Asked in Contracts and Construction Law for Utah on
Q: what can a contractor do if I don't pay him his final payment due to not completely work in timely manner

We hired a contractor in May to build us a cabin. It is still not complete. There was no signed contract and he has taken his family and his four wheelers to our property every weekend and trashing it with barely no work done. What can he do if we fire him and don't pay him the final payment?

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

It depends on how close he is to be done with the cabin and what the timeline was for it to be finished if there was one, how much you have paid so far and how much you still owe. He can still have a claim for all the work he rendered under the doctrine of unjust enrichment even if there isn't... View More

1 Answer | Asked in Criminal Law for Utah on
Q: My friend is 18 turning 19 and he wants to go out with a girl that's 16 would that be legal?

I don't want him to get in trouble and I'll told him I'll look into for him

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

The only issues are sexual contact. Any kind of touching or sexual contact will create serious legal problems that could affect that person the rest of their life negatively. Even if it is consensual, it will still be a crime.

1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: How can i protect writers on a public app from having their work stolen or Infringed upon?

I want to make an app where authors and writers can show their work and sell it to others. How can i do something like this and still protect them from having their work stolen?

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

There are lots of ways to go about it. Some people use watermarks, you can also write a disclosure of copyright infringement. The most important thing to do is to ensure that all the documents are dated to prove when they were created. Registering them would most likely be too expensive of an... View More

1 Answer | Asked in Contracts and Family Law for Utah on
Q: How does splitting a loss on an ATV work with an ex who is not cooperating when we have a signed agreement?

Hi there. My ex and I split up (we were not married), and financed an ATV together that we are going to sell. I am the only one on the loan, but we are both on the title. Him and I have a written, signed agreement that we will split the loss we take on it once we sell it. As most break ups seem to... View More

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

Yes is a small claims matter. Depending on the agreement and the relationship with the loan, it would most likely be enforceable. Probably a good thing you did that since you aren't married.

1 Answer | Asked in Animal / Dog Law for Utah on
Q: My neighbor breed my male dog with his without our permission, do I have any rights to the puppies?

Kids let my dog out of my yard and my neighbor locked him in his backyard with his dog that was in heat. I have pictures and Facebook posts proving the puppies are from my dog and that he intentionally put my dog in his fenced yard.

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

You would have to prove that it was without your permission and would also have to most likely prove that the other owner did it intentionally and this did not just occur by accident. If somehow you can prove that it was without your permission and that it was intentional you could have a right to... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Q: Can a Judge at pre sentencing make false or unprovable accusations

Can a Judge at pre sentencing order you to sell personal items to pay restitution?

Can a Judge change his ruling from one hearing to the next?

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

The person who is to be paid restitution could put a lien on your property if they get a civil judgment against you which is done through a judge. The other question depends on the facts of the ruling and the basis for the ruling and the new hearing but in a general sense, yes.

1 Answer | Asked in Animal / Dog Law for Utah on
Q: If my neighbors dog willingly wanders into my backyard multiple times in a night, can I claim it?
Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

No, unless you can prove abandonment which is unlikely. You could have a trespass claim though.

1 Answer | Asked in Criminal Law for Utah on
Q: My son was arrested on Saturday for a felony charge and it is Thursday night and he still hasn't had a hearing

He was given a document on Monday that set bail and stated charges had to be filed by the 4th. On the fifth he checked and charges had not been filed, not has he been before a judge or offered an attorney. Can they continue to hold him?

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

I hope that this has already been resolved. There is a 72 hour holding rule. However, it is not a hard-and-fast rule as usually weekend and holidays don't county. This rule is used and abused in Utah however, there is stuff in the works to get this rule better defined and better protect individuals.

1 Answer | Asked in Divorce for Utah on
Q: Can I stop my ex-husband's girlfriend from visiting my child in his classroom?

We have been divorced for about 3 years. His girlfriend recently moved in with him. She has developed an unhealthy relationship with my 14 year old daughter - encourages her to lie to me and do things she isn't allowed to do, etc. She moved her kids to the same school my younger kids go to.... View More

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

You're the legal guardian so if you are concerned for their safety and well-being then you can make decisions on their part to protect them within the bounds of the law. The first step would be to talk to her or your ex and explain the situation or the teacher of the class and explain to them... View More

1 Answer | Asked in Employment Law for Utah on
Q: Are CNAs I'm referring to a care facility and paying as ICs considered my employees?

I run a referral service for CNAs to an assisted living facility. In other words, I am independent of the both the assistant living business, and the CNAs, who are independent contractors. I have no other involvement with the CNAs - I simply refer them to the assisted living facility. However,... View More

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

If you are concerned and the relationship, I don't know how the whole situation is setup, however, it may be good to have a handbook or contract that defines the relationship in order to better protect yourself from liability.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can your landlord come into your house/apartment with out permission and with out you being present.
Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

Not usually unless there is an emergency or other exigent circumstances that would warrant entry.

1 Answer | Asked in Criminal Law and Traffic Tickets for Utah on
Q: Can a police officer give you a ticket days later after receiving a verbal warning for a moving violation?

I was pulled over for going around a corner to fast, the cop warned me that it is consider reckless driving and could be a huge fine. I was polite to him and apologized. He let me go with a verbal warning. I have a clean driving record and clean criminal record.

Can he change his and mail... View More

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

I doubt he will go back and give you a ticket. However, they have every right to. If he witnessed it he can file it later, usually the statue for a crime like that is a year. Reckless driving can be a class B misdemeanor, maximum jail could be six months. However, again, I doubt that he will go... View More

1 Answer | Asked in Employment Discrimination for Utah on
Q: Can my boss require me to work on Sunday if it goes against my religious beliefs/practices?
Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

If it is a sincere religious belief not to work on Sunday then they need to accommodate. You must let them know of the belief as well.

1 Answer | Asked in Child Custody for Utah on
Q: Custodial parent has removed child from Utah against court order what can I do?

I live in las vegas nevada but court order is in beaver utah.

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

You can try and file an injunction. It will depend on what the language says in the decree as well in regards to moving and notice.

2 Answers | Asked in Criminal Law and Personal Injury for Utah on
Q: can a walmart securty guard lay hands on you

my friend got beat up mat walmart hurt her back her sholders dshes got whip lash

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

It can depend on the exact circumstances of the case, the evidence the security guard had, and the reasonableness of the use of force in connection to the arrest.

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1 Answer | Asked in Child Custody for Utah on
Q: What rights does a mom have to keep her child when she: 1. lives in a different town > 4 hours way 2. never married dad?

Does she need to file some sort of custody paperwork? If so, where can she find it?

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

Mom and Dad both have equal rights at this time, but Dad still must be prove that he is the father of the children. If you want custody and child support defined, then you need to file the paperwork. You can try "Utah WhipKits" to get the paperwork started.

3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Utah on
Q: Attacked by yellow jackets at work

We were asked to start a project as soon after starting we were attacked by yellow jackets I was stung 20 to 30 times on the back of my head and throughout my body. I was wondering if there was any legal action I can take

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

Most likely worker's compensation, depending on the seriousness of the injury.

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