Utah Code 13-34-113. Private right of action
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(1) A person may bring an action in a court of competent jurisdiction against a postsecondary school that does not comply with this chapter.
Terms Used In Utah Code 13-34-113
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Postsecondary school: means a person that offers postsecondary education:
(14)(a) in exchange for payment of tuition, fees, or other consideration; and(14)(b) for the purpose of attaining educational, professional, or vocational objectives. See Utah Code 13-34-101- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(2) If a court of competent jurisdiction finds that a postsecondary school violated this chapter, a person who brings an action under Subsection (1) is entitled to:(2)(a) declaratory judgment that an act or practice violates this chapter;(2)(b) injunctive relief;(2)(c) rescission of a contract;(2)(d) for a loss suffered as a result of a violation of this chapter, an amount equal to the greater of:(2)(d)(i) actual damages; or(2)(d)(ii) $2,000; and(2)(e) an award of reasonable attorney fees and court costs. - Postsecondary school: means a person that offers postsecondary education: