Legal Question in Family Law in Utah
Debbie Evans comes to your office because she wants to marry a man who is already married. She tells you that the married man and his wife, Aaron and Barb Conway, are waiting outside. The three of them want to be married to each other.
The three already sued Canyon County, Utah, where they live, in order to receive a marriage license, but lost the trial case. The trial court stated that Utah's anti-bigamy statute was not unconstitutional. All three parties now want to appeal. They believe they have a fundamental right to be married.
The Conways, along with Debbie Evans, are members of a sect that believes in marriages wherein one man has multiple wives.
Your attorney wants you to research Utah's anti-bigamy statute, cases on bigamy, and any underlying constitutional issues. Over the coming weeks, you are expected to interview Debbie Evans and write a post-interview memo outlining the issues, write a letter accepting the case, identify secondary sources that would be useful in preparing the case, brief relevant cases, compose an internal Memorandum of Law outlining the opposition's case on this issue, and draft the appeal motion.
Among the issues you will need to decide are whether you should interview the Conways and whether your firm should represent the Conways.
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