Terms Used In Utah Code > Title 58 > Chapter 37e - Drug Dealer's Liability Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Complainant: means a person who initiates a complaint. See Utah Code 26B-6-701
• Complaint: means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability. See Utah Code 26B-6-701
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Director: means the director of the division. See Utah Code 26B-6-101
• Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• 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.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Illegal drug: means a drug or controlled substance whose distribution is a violation of state law. See Utah Code 58-37e-2
• Illegal drug market: means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user. See Utah Code 58-37e-2
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Utah Code 58-37e-2
• Informed consent: means consent that is voluntary and based on an understanding by the person to be sterilized of the nature and consequences of sterilization, the reasonably foreseeable risks and benefits of sterilization, and the available alternative methods of contraception. See Utah Code 26B-6-801
• Institutionalized: means residing in the Utah State Developmental Center, the Utah State Hospital, a residential facility for persons with a disability as defined in Sections 10-9a-103 and 17-27a-103, a group home for persons with a disability, a nursing home, or a foster care home or facility. See Utah Code 26B-6-801
• Intellectual disability: means a significant, subaverage general intellectual functioning that:
       (16)(a) exists concurrently with deficits in adaptive behavior; and
       (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
• Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Ombudsman: means the ombudsman appointed in Section 26B-6-702. See Utah Code 26B-6-701
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Period of illegal drug use: means , in relation to the individual drug user, the time of the individual's first use of an illegal drug to the accrual of the cause of the action. See Utah Code 58-37e-2
• Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. See Utah Code 58-37e-2
• 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
• Place of illegal drug activity: means , in relation to the individual drug user, each county in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence. See Utah Code 58-37e-2
• Place of participation: means , in relation to a defendant in an action brought under this chapter, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market. See Utah Code 58-37e-2
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Public funds: includes :
            (12)(b)(i) Medicaid funds; and
            (12)(b)(ii) Medicaid waiver funds. See Utah Code 26B-6-101
• Rights and privileges of an individual with a disability: means the rights and privileges of an individual with a disability described in Subsections 26B-6-802(1) through (3). See Utah Code 26B-6-701
• Service animal: includes any dog that:
            (4)(a)(i) is trained, or is in training, to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and
            (4)(a)(ii) performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual's disability, including:

                 (4)(a)(ii)(A) assisting an individual who is blind or has low vision with navigation or other tasks;

                 (4)(a)(ii)(B) alerting an individual who is deaf or hard of hearing to the presence of people or sounds;

                 (4)(a)(ii)(C) providing non-violent protection or rescue work;

                 (4)(a)(ii)(D) pulling a wheelchair;

                 (4)(a)(ii)(E) assisting an individual during a seizure;

                 (4)(a)(ii)(F) alerting an individual to the presence of an allergen;

                 (4)(a)(ii)(G) retrieving an item for the individual;

                 (4)(a)(ii)(H) providing physical support and assistance with balance and stability; or

                 (4)(a)(ii)(I) helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors. See Utah Code 26B-6-801
• Specified illegal drug: means cocaine, heroin, or methamphetamine and any other controlled substance the distribution of which is a violation of state law. See Utah Code 58-37e-2
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Sterilization: means any medical procedure, treatment, or operation rendering an individual permanently incapable of procreation. See Utah Code 26B-6-801
• Support animal: means an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law for an individual with a disability. See Utah Code 26B-6-801
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.