Utah

Calder v. Bull in Utah Law

How Calder v. Bull applies in Utah: state-specific rules, key cases, and bar exam notes for Constitutional Law.

State Approach

Utah law respects the principles established in Calder v. Bull, specifically regarding the prohibition against ex post facto laws in both criminal and civil contexts. The Utah Constitution mirrors this federal principle, ensuring that legislation does not retroactively affect existing rights.

State Rule
In Utah, a law violates the ex post facto clause if it retroactively affects substantive rights, thus it is unconstitutional under both the U.S. Constitution and the Utah Constitution.
Significant State Cases

State v. Kessler

The Utah Supreme Court held that a statute increasing penalties retroactively constituted an ex post facto law and was therefore unconstitutional.

Fitzgerald v. State

The court found that changes to parole eligibility criteria impacting previously sentenced individuals violated ex post facto principles.

Cannon v. State

This decision reinforced the notion that laws imposing increased penalties retrospectively infringe upon offenders' constitutional protections.

Comparison to Federal Law

Utah's approach aligns closely with federal precedent as established in Calder v. Bull, emphasizing the prohibition against retroactive laws. Both the federal and Utah constitutions aim to protect individuals from legislative interference in matters adjudicated under former laws.

Bar Exam Note

Ex post facto principles, such as those from Calder v. Bull, are often tested on the Utah bar exam, particularly in the context of criminal law and statutory interpretation.

Practice Pointers
  • Understand both state and federal standards for ex post facto laws.
  • Be aware of recent changes in legislation that could affect retroactivity.
  • Familiarize yourself with the distinctions between civil and criminal ex post facto applications.

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