Utah Code 76-10-3113. Conviction as prima facie evidence in action for injunctive relief or damages
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Terms Used In Utah Code 76-10-3113
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- 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.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
In any action brought by the state, a final judgment or decree determining that a person has criminally violated this act, other than a judgment entered pursuant to a nolo contendere plea or a decree entered prior to the taking of any testimony, shall be prima facie evidence against that person in any action brought pursuant to Section 76-10-3109, as to all matters with respect to which the judgment or decree would be an estoppel between the parties thereto.
Renumbered and Amended by Chapter 187, 2013 General Session