(1) |
The rule of the common law that a statute in derogation of the common law is to be strictly construed does not apply to the Utah Code. |
Terms Used In Utah Code 68-3-2
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
(2) |
A statute of the Utah Code establishes the law of this state respecting the subjects to which the statute relates. |
(3) |
Each provision of, and each proceeding under, the Utah Code shall be construed with a view to effect the objects of the provision and to promote justice. |
(4) |
When there is a conflict between the rules of equity and the rules of common law in reference to the same matter, the rules of equity prevail. |
Amended by Chapter 254, 2010 General Session