clarification carries the rebuttable presumption (Utah) · Go Syfert
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clarification carries the rebuttable presumption in Utah

5 Utah opinions name it 1 courts 1990–2001 0 in the last five years

The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
State v. Amadorgreen
utahctapp · 1990 · cited in 3 Utah opinions naming this issue, 1992–2000
2 sentences

2000Singer, Sutherland Statutory Construction § 22.30 (4th rev. ed.1985))); see also State v. Amador, 804 P.2d 1233, 1234 (Utah Ct.App.1990) (stating that "[elvery amendment not expressly characterized as a clarification carries the rebuttable presumption that it is intended to change existing legal rights and liabilities").

2000Singer, Sutherland Statutory Construction § 22.30 (4th rev. ed.1985))); see also State v. Amador, 804 P.2d 1233, 1234 (Utah Ct.App.1990) (stating that "[e]very amendment not expressly characterized as a clarification carries the rebuttable presumption that it is intended to change existing legal rights and liabilities").

33
Foil v. Ballingergreen
utah · 1979 · cited in 1 Utah opinions naming this issue, 2001–2001
1 sentence

2001See Foil v. Ballinger, 601 P.2d 144, 151 (Utah 1979). 115 Appellant does not appear to argue that the amendment to section 80-8-10.6(2) is procedural; rather, she argues the amendment clarifies how section 30-3-10.6(2) should have been understood. " '[Elvery amendment not expressly characterized as a clarification carries the rebuttable presumption that it is intended to change ... existing legal rights and labilities'" Abel v. Industrial Comm'n, 860 P.2d 367, 369 (Utah Ct.App.1993) (citation omitted).

11
Abel v. Industrial Com'n of Utahgreen
utahctapp · 1993 · cited in 1 Utah opinions naming this issue, 2001–2001
1 sentence

2001See Foil v. Ballinger, 601 P.2d 144, 151 (Utah 1979). 115 Appellant does not appear to argue that the amendment to section 80-8-10.6(2) is procedural; rather, she argues the amendment clarifies how section 30-3-10.6(2) should have been understood. " '[Elvery amendment not expressly characterized as a clarification carries the rebuttable presumption that it is intended to change ... existing legal rights and labilities'" Abel v. Industrial Comm'n, 860 P.2d 367, 369 (Utah Ct.App.1993) (citation omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Madsen v. Borthick green
utah · 1988
2 sentences

1992"Every amendment not expressly characterized as a clarification carries the rebuttable presumption that it is intended to change existing legal rights and liabilities.” State v. Amador, 804 P.2d 1233, 1234 (Utah App.1991) (citing Madsen v. Borthick, 769 P.2d 245 , 252 n. 11 (Utah 1988)).

1992"Every amendment not expressly characterized as a clarification carries the rebuttable presumption that it is intended to change existing legal rights and liabilities." State v. Amador, 804 P.2d 1233, 1234 (Utah App.1991) (citing Madsen v. Borthick, 769 P.2d 245 , 252 n. 11 (Utah 1988)).

21990–1992
Luckau v. Board of Review of the Industrial Commission green
utahctapp · 1992
1 sentence

1993However, “[e]very amendment not expressly characterized as a clarification carries the rebuttable presumption that it is intended to change the existing legal rights and liabilities.” Luckau v. Industrial Comm’n, 840 P.2d 811 , 816 n. 2 (Utah App.1992) (quoting State v. Amador, 804 P.2d 1233, 1234 (Utah App.1990)), ce rt. denied, 853 P.2d 897 (Utah 1993).

11993–1993

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