UT Bar Specific Law 2

Question 1

Under Utah's modified comparative negligence rule, a plaintiff is barred from recovery when their fault is:

Accepted Answer

50% or greater

Answer

Utah Code 78B-5-818 bars recovery when the plaintiff's fault equals or exceeds 50%.

Question 2

What is the general statute of limitations for a personal injury action in Utah?

Accepted Answer

Four years

Answer

Utah Code 78B-2-307 sets a four-year limit for personal injury claims not otherwise specified.

Question 3

Utah recognizes unsolemnized (common-law-style) marriages only if:

Accepted Answer

A court or administrative order establishes the marriage under the statutory criteria

Answer

Utah Code 30-1-4.5 requires a judicial or administrative determination that the statutory elements of an unsolemnized marriage are met.

Question 4

In dividing marital property at divorce, Utah follows which approach?

Accepted Answer

Equitable distribution

Answer

Utah is an equitable distribution state, dividing marital property fairly rather than strictly equally.

Question 5

Utah water rights are governed primarily by which doctrine?

Accepted Answer

Prior appropriation

Answer

Like most arid western states, Utah allocates water under the prior appropriation doctrine of 'first in time, first in right.'

(UT Bar) Utah Bar Exam Practice Test