§ 37-10-1 Definition of terms
§ 37-10-2 Sale at less than cost to prevent competition unlawful–Rebates and concessions notapplicable to other merchandise
§ 37-10-3 Purchase by retailer at less than cost to wholesaler to prevent competition unlawful–Procuring rebate or concession
§ 37-10-4 Sales between wholesalers permitted at less than cost–Basic cost to be charged
§ 37-10-5 Computation of cost to retailer–Expenses included
§ 37-10-6 Presumption as to cost of doing business by retailer
§ 37-10-7 Wholesaler’s costs added when retailer purchases from manufacturer
§ 37-10-8 Presumption as to cost of doing business by retailer purchasing from manufacturer
§ 37-10-9 Computation of cost to wholesaler–Expenses included
§ 37-10-10 Presumption as to cost of doing business by wholesaler–Cartage costs
§ 37-10-11 Purchases outside ordinary trade channels not considered in determining costs
§ 37-10-12 Cost survey as evidence of cost to retailer or wholesaler
§ 37-10-13 Tie-in sale at less than value of other goods deemed rebate or concession
§ 37-10-14 Application of minimum price provisions to combination sales, rebates andconcessions
§ 37-10-15 Promotional merchandise not considered in determining cost
§ 37-10-16 Price reductions permitted to meet competition–Sales not in ordinary trade channelsnot considered
§ 37-10-17 Cost survey price considered competitive price
§ 37-10-18 Isolated transactions exempt from chapter
§ 37-10-19 Damaged merchandise sales exempt from chapter–Notice to customer
§ 37-10-20 Clearance sales exempt from chapter–Notice to customer
§ 37-10-21 Liquidation sales exempt from chapter
§ 37-10-22 Sales by officer acting under court order exempt from chapter
§ 37-10-23 Sale at less than cost or offer of rebate as evidence of intent to prevent competition
§ 37-10-24 Evidence of fictitious price or concealment of cost bearing on good faith–Evidenceof trade usages
§ 37-10-25 Contracts in violation void–Recovery prohibited
§ 37-10-26 Promulgation of rules–Cost survey
§ 37-10-27 Duty to enforce chapter–Employment of personnel
§ 37-10-28 Powers vested in secretary available for enforcement of chapter
§ 37-10-29 Suspension or revocation of license under cigarette tax law
§ 37-10-30 Disciplinary proceedings not abated by expiration or renewal of license
§ 37-10-31 Procedure for suspension or revocation of license
§ 37-10-32 Periods of suspension of license–Revocation for persistent violations
§ 37-10-33 Appeal to courts from secretary of revenue
§ 37-10-34 Sales prohibited during suspension or revocation of license
§ 37-10-35 Reinstatement of revoked license
§ 37-10-36 Injunction proceedings to prevent violations of chapter
§ 37-10-37 Damages recovered in injunction proceeding
§ 37-10-38 Action for damages without injunction
§ 37-10-39 Severability of provisions–Severability from other laws
§ 37-10-40 Citation of chapter
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Terms Used In South Dakota Codified Laws > Title 37 > Chapter 10 - Unfair Cigarette Sales

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trustee: A person or institution holding and administering property in trust.