UT Bar Specific Law 3 — Questions and Answers
Question 1: Under the Governmental Immunity Act of Utah, a plaintiff suing a governmental entity generally must first:
- File a written notice of claim within one year of the claim arising (Correct answer)
- Obtain legislative permission to sue
- Demand arbitration with the entity
- File suit directly within six months
Correct answer: File a written notice of claim within one year of the claim arising
Utah Code 63G-7-402 requires a notice of claim within one year, and the entity must deny or fail to act before suit may be filed.
Question 2: In Utah, most residential foreclosures proceed how?
- Non-judicially under a trust deed's power of sale (Correct answer)
- Only through a judicial foreclosure action
- Through strict foreclosure
- By self-help repossession
Correct answer: Non-judicially under a trust deed's power of sale
Utah lenders typically use trust deeds, allowing non-judicial foreclosure by the trustee under Utah Code Title 57, Chapter 1.
Question 3: Utah's default eviction notice for nonpayment of rent gives a residential tenant how long to pay or vacate?
- Three business days (Correct answer)
- Thirty days
- Fourteen days
- Twenty-four hours
Correct answer: Three business days
Utah Code 78B-6-802 requires a three-business-day notice to pay rent or vacate before an unlawful detainer action.
Question 4: A holographic will is valid in Utah if:
- The signature and material portions are in the testator's handwriting (Correct answer)
- It is witnessed by at least one person
- It is notarized within 30 days
- The entire document is typed and initialed
Correct answer: The signature and material portions are in the testator's handwriting
Under Utah Code 75-2-502 (adopting the UPC rule), a holographic will needs only the testator's handwritten signature and material portions.
Question 5: Utah's Licensed Paralegal Practitioner (LPP) program permits non-lawyers to provide limited legal services in which areas?
- Family law, debt collection, and landlord-tenant matters (Correct answer)
- Criminal defense and appeals
- Securities and tax litigation
- Personal injury jury trials
Correct answer: Family law, debt collection, and landlord-tenant matters
Utah's LPP license authorizes limited practice in family law, forcible entry and detainer, and debt collection cases.
Question 6: The statute of limitations for an action on a written contract in Utah is:
- Six years (Correct answer)
- Four years
- Ten years
- Two years
Correct answer: Six years
Utah Code 78B-2-309 allows six years to sue on a written contract, versus four years for oral contracts.
Question 7: Under the Utah Rules of Civil Procedure, standard discovery limits are tied to:
- Tiers based on the amount of damages pleaded (Correct answer)
- The county where suit is filed
- The judge's individual case management order only
- Whether the defendant demands a jury
Correct answer: Tiers based on the amount of damages pleaded
URCP 26 assigns cases to Tiers 1-3 by damages amount, with each tier setting presumptive discovery and deposition limits.
UT Bar Specific Law 3
Under the Governmental Immunity Act of Utah, a plaintiff suing a governmental entity generally must first: