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1 Answer | Asked in Business Law for Utah on
Q: I was fired for being in a racial group im not. Do i have a case
Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A Utah attorney could advise best, but your question remains open for a week. Not all questions are picked up here, but you could try add the categories "Civil Rights" and "Employment Law." That could give better chances of a response. Good luck

2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Trademark 88412652 can i apply for that trademark
Felicia Altman
Felicia Altman
answered on Sep 20, 2023

When looking at the USPTO this mark is shown as abandoned. If the USPTO mark the trademark as dead then it is no longer protected and someone else can file for the mark. If the mark is still in-use and registered/active another individual or company would be unable to register for the mark.

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1 Answer | Asked in Animal / Dog Law for Utah on
Q: What can I do when someone took my dog when kicked me out, then claiming his hers and that she takes care of him

Technically the dog isn’t registered to either of us, but to a third party I don’t want to get involved.

T. Augustus Claus
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answered on Sep 15, 2023

If someone has taken your dog without your consent and is claiming ownership, you should initially attempt to resolve the situation through communication. Share your side of the story and your attachment to the dog. Gathering evidence such as photographs, veterinary records, or any documentation of... View More

2 Answers | Asked in Family Law for Utah on
Q: Can my parents control my usage of devices that I have purchased if I am 18 living at home?

To clarify, the devices are purchased with money I have earned at a job, not gifted money etc.

T. Augustus Claus
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answered on Sep 15, 2023

In Utah, as in many other states, once you reach the age of 18, you are considered an adult and have certain legal rights, including the ability to make decisions regarding your personal property. If you have purchased devices with your own money and are 18 years old or older, your parents... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: The owners of a home I am renting (yearly lease with 9 months left) want to buy out our lease. What are our rights?

Owners apparently had a change in their financial situation and now want to buy out our lease. Moving would lead to considerable costs.

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 15, 2023

Your lease is a contract that will control whether a buyout is allowed and how it needs to transpire. If there is no mention of a buyout in your lease, then your landlord will need your permission to terminate the contract.

Unless the lease says otherwise, you can negotiate what you think...
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1 Answer | Asked in Small Claims for Utah on
Q: Can I file a small claims case for a car loan I took out for someone else?

I got a loan for my son and the dealership was supposed to put the title in both our names but they only put it in his name now he is not making the payments. So I have the loan and he has the truck.

T. Augustus Claus
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answered on Sep 5, 2023

Certainly, in Utah, if you have taken out a car loan on behalf of someone else, and they are not making the agreed-upon payments, you have the option to file a small claims case. It's essential to first attempt to communicate and resolve the issue informally. Reviewing the loan agreement, if... View More

1 Answer | Asked in Uncategorized for Utah on
Q: Are you familiar with "Revocation of Election"? Is it a real IRS declaration?
Tim Akpinar
Tim Akpinar
answered on Sep 23, 2023

This is something that a tax law attorney should answer. There is a section here, "Tax Law." Not all questions are ultimately answered, but you could try adding "Tax Law" to your headings. You posted three weeks ago and it's possible your question was overlooked in the general category. Good luck

1 Answer | Asked in Car Accidents and DUI / DWI for Utah on
Q: cited for DUI in Utah and was in a car accident. They claim personal injury months later. Will the charge be enhanced?

Is this separate from the criminal case and will my car insurance pay for it?

T. Augustus Claus
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answered on Sep 1, 2023

In Utah, a DUI charge and a car accident involving personal injury are typically treated as separate legal matters. The DUI charge primarily focuses on factors like blood alcohol content (BAC) and impairment, and the presence of an accident alone may not necessarily enhance the DUI charge itself.... View More

3 Answers | Asked in Probate for Utah on
Q: Does a person appointed as “attorney-in-fact” have any authority after the one who appointed them dies?

When our mother died, one brother had been appointed “personal representative”, and at the same time I was appointed “attorney-in-fact”. Does the the attorney-in-fact have any authority or say so in the handling of the estate or is it solely up to the personal representative to see that the... View More

Wesley Winsor
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Wesley Winsor
answered on Sep 1, 2023

You are right in your understanding that any power of attorney that has been given by the principal (the person who is giving the authority to an agent) expires upon their death. The reasoning for this, is that you cannot be an agent for a dead person. There is no way to see whether the agent is... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Utah on
Q: I was recently in an car accident and would like a professional opinion on who may be liable for damages.

It was raining heavily and I was heading home for the day. I was about to turn right onto a road to leave my works parking lot. I looked both ways and saw no incoming cars. However due to the rain and tall plants blocking my view of the sidewalk and I didn't see a man on a bike coming towards... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2023

A Utah attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney on state-specific rules, there are elements on both sides that could be argued - bicycle on sidewalk, vehicle leaving parking lot duty to yield, and other possible... View More

3 Answers | Asked in Criminal Law and Personal Injury for Utah on
Q: I got into a situation defending a friend that was being beaten up I have charges being filed on me

I was visiting a friend and there was an argument between us and the neighbors . My friends boyfriend went outside and the neighbors started physically assaulting him. I went put to help him and one of them hit me from behind in the eye with a weapon. All of a sudden I hear gun fire and I pull... View More

Mike Branum
Mike Branum
answered on Aug 30, 2023

Your question has a long list of variables. You really do need to sit down with a qualified criminal defense attorney who can review your criminal history (if any) and the charges you are facing, and discuss the circumstances of your arrest to determine what the best course of action is in your... View More

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: I am breaking my lease, can my landlord add this to exit docs forbidding me from leaving bad reviews?

"Resident and all occupants shall not utilize any website

or social media to negatively discuss its tenancy, Owner, or this agreement. A breach of this provision shall entitle

Owner to recover from Resident such sums as may be deemed actual damages from the breach and an agreed... View More

John Michael Frick
John Michael Frick
answered on Aug 29, 2023

Your landlord can ask for this. You don’t have to agree to it

1 Answer | Asked in Arbitration / Mediation Law for Utah on
Q: Contract specifies binding arbitration. The other party seeks to mediate. Would we loose rights in binding mediation.

We have a contract that has been breeched by the other party. We are considering doing binding mediation instead of arbitration because it seems to be less expensive and faster. The other party offered to do a mediation, but maybe not a binding mediation. If we did a binding mediation would we... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2023

A Utah attorney could advise best, but your question remains open for a week. But it would be difficult for ANY attorney to answer your question without knowing more details about the matter, the strength of each party's position, viable defenses, and the rules of the proceeding. Good luck

1 Answer | Asked in Personal Injury and Products Liability for Utah on
Q: Son hospitalized from a cooking that was made with Almond flour. Has nut allergy. Both Label and store no indication.

Is the local cookie company libel? If no clear indication that cookie includes nuts or has been made with nut flour?

Tim Akpinar
Tim Akpinar
answered on Aug 31, 2023

A Utah attorney could advise best, but your question remains open for a week. I hope your son is okay. Only a local attorney could advise on state-specific requirements for labeling - one option is to try to arrange a free initial consult with a local attorney, with the applicable packaging. Good... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a landlord make you take down political signage within the rental unit
T. Augustus Claus
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answered on Aug 24, 2023

In Utah, landlords generally have the right to establish rules and regulations for their rental properties, which may include restrictions on signage. However, restrictions on political signage can sometimes be considered a violation of tenants' First Amendment rights. The specific rules can... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Utah on
Q: On my third donation, there was not enough blood flow for some reason from either arm, so a staff member came over⬇️

He told me despite trying both arms he was just going to “unplug” me because they weren’t getting any plasma from me. He turned off the machine, and immediately after, another worker standing by realized he had turned off my machine before giving me any of my blood back. They hadn’t... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 21, 2023

It appears they acted below the standard of care. It is not clear what the nature and extent of your injuries may entail. If the harm is sufficient, it may be worth hiring an attorney.

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1 Answer | Asked in Immigration Law for Utah on
Q: Hello, I wanted to file for my TPS online but the only proof I have of El Salvador citizenship is a birth certificate

I recently got but it doesn’t show my last name, but everything is correct. Should that be an issue?

Ghenadie Rusu
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answered on Aug 20, 2023

As long as you submit a birth certificate accompanied by a photo id, you should be able to prove your citizenship.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Utah on
Q: Can I start a business entity that offers analytics services for free? Just for experience now, but may charge later on.

Hello! I would like to start a business entity that offers business analytics services and business process recommendations for free. I'm doing this because I want experience doing analytics and consulting not to make money right now. Is there a business entity I can set up that reports no... View More

Wesley Winsor
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Wesley Winsor
answered on Aug 16, 2023

yes, you can provide free services to people. Tax returns are required for businesses and individuals who make income.

A simple business to set up would be a single member LLC.

1 Answer | Asked in Intellectual Property for Utah on
Q: Can they take garnishment after 9 years For property
James L. Arrasmith
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answered on Aug 15, 2023

It's advisable to consult with an attorney to review the specific details of your case and determine the applicable laws and limitations.

Best regards,

James L. Arrasmith

Founding Attorney and Chief Lawyer

The Law Offices of James L. Arrasmith

1 Answer | Asked in Legal Malpractice and Criminal Law for Utah on
Q: Regarding the Miranda rights, I was just curious what the right to attorney would entail?

This would occur in Utah.

T. Augustus Claus
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answered on Aug 9, 2023

The right to an attorney, a part of the Miranda rights, ensures that individuals have legal representation during custodial interrogations. In Utah, as in the rest of the U.S., this right includes the option to remain silent and the right to legal counsel. If you're in custody and the police... View More

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