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· 5/13/1997

Drake v. Industrial Commission of Utah

Citations

  • 939 P.2d 177
  • 317 Utah Adv. Rep. 3
  • 1997 Utah LEXIS 46
  • 1997 WL 242127

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that appellate courts reverse an administrative agency's findings of fact \only if the findings are not supported by substantial evidence\
  • recognizing “that the legal effect of . . . facts is the province of the appellate courts, and no deference need be given a trial court’s resolution of such questions of law” (internal quotation marks omitted)
  • analyzing a mixed question and stating that \the legal standard is one that conveys a measure of discretion to [the Commission] when applying that standard to a given set of facts\ (alterations in original) (emphasis added) (internal quotation marks omitted)
  • analyzing a mixed question and stating that “the legal standard is one that conveys a measure of discretion to [the Commission] when applying that standard to a given set of facts” (alterations in original) (emphasis added) (internal quotation marks omitted)
  • an employee should show that the activity was undertaken for the benefit and \under the direction\ of the employer as evidence of a special mission
  • an employee should show that the activity was undertaken for the benefit and “under the direction” of the employer as evidence of a special mission

Source: CourtListener parenthetical corpus (CC0).

Judges: Durham, Zimmerman, Howe, Russon, Stewart

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.