Adverse action: means to discharge, threaten, or discriminate against an employee in a manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges. See Utah Code 67-21-2
Agency: means any department or unit of Utah state government with authority to employ personnel. See Utah Code 67-19-3
Agency: means :
a department, institution, office, college, university, authority, division, board, bureau, commission, council, or other agency of the state;
a county, city, town, school district, or special improvement or taxing district; or
Amateur sports organization: means , except as provided in Subsection (2)(b):
a sports team;
a public or private school;
a public or private sports league;
a public or private sports camp; or
any other public or private organization that organizes, manages, or sponsors a sporting event for its members, enrollees, or attendees. See Utah Code 26-53-102
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicant: means :
the person filing an application for registration of a mark under this chapter; and
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Approved study: means a medical research study:
the purpose of which is to investigate the medical benefits and risks of cannabinoid products; and
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. 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.
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.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
Employer: means the state of Utah and all supervisory personnel vested with the authority to implement and administer the policies of an agency. See Utah Code 67-19a-101
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
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.
Ex officio: Literally, by virtue of one's office.
Excusable neglect: means harmless error, mistake, inadvertence, surprise, a failure to discover evidence that, through due diligence, could not have been discovered in time to meet the applicable time period, misrepresentation or misconduct by the employer, or any other reason justifying equitable relief. See Utah Code 67-19a-101
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Felony: A crime carrying a penalty of more than a year in prison.
Fiduciary: A trustee, executor, or administrator.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
Foreign limited liability limited partnership: means a foreign limited partnership whose general partners have limited liability for the debts, obligations, or other liabilities of the foreign limited partnership under a provision similar to Subsection 48-2e-404(3). See Utah Code 48-2e-102
Foreign limited partnership: means an unincorporated entity formed under the law of a jurisdiction other than this state which would be a limited partnership if formed under the law of this state. See Utah Code 48-2e-102
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
Fraud: Intentional deception resulting in injury to another.
General partner: means a person that:
has become a general partner under Section 48-2e-401 or was a general partner in a limited partnership when the limited partnership became subject to this chapter under Section 48-2e-1205; and
Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a medical cannabis cardholder's home address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 26-61a-102
Income: means the revenues received by the state treasurer from investments of the trust fund principal. See Utah Code 67-19d-102
Income: means the revenues received by the state treasurer from investments of the trust fund principal. See Utah Code 67-19f-102
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
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Inter vivos: Transfer of property from one living person to another living person.
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Multi-line telephone system: means a network- or premises-based telephone system installed at an end-use location that uses common control units, common telephones, and common control hardware and software to provide a connection to the public switched network to multiple end-users at the end-use location. See Utah Code 69-5-102
Nonconformity: means any defect, condition, or malfunction which substantially impairs the use, value, or safety of assistive technology, but does not include a condition, defect, or malfunction that is the result of abuse, neglect, or unauthorized modification or alternation of the assistive technology by the consumer. See Utah Code 70A-2-802
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.
Partnership agreement: means the agreement, whether or not referred to as a partnership agreement, and whether oral, implied, in a record, or in any combination thereof, of all the partners of a limited partnership concerning the matters described in Subsection 48-2e-112(1). See Utah Code 48-2e-102
Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 48-2e-102
Pharmacy medical provider: means the medical provider required to be on site at a medical cannabis pharmacy under Section 26-61a-403. See Utah Code 26-61a-102
Plaintiff: The person who files the complaint in a civil lawsuit.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Political subdivision employee: means an employee of a political subdivision of the state. See Utah Code 67-21-2
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
present sale: means a sale which is accomplished by the making of the contract. See Utah Code 70A-2-106
Principal office: means the principal executive office of a limited partnership or foreign limited partnership, whether or not the office is located in this state. See Utah Code 48-2e-102
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Probationary period: means that period of time determined by the department that an employee serves in a career service position as part of the hiring process before career service status is granted to the employee. See Utah Code 67-19-3
Property: means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein. See Utah Code 48-2e-102
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public body: means any of the following:
a state officer, employee, agency, department, division, bureau, board, commission, council, authority, educational institution, or any other body in the executive branch of state government;
an agency, board, commission, council, institution member, or employee of the legislative branch of state government;
a county, city, town, regional governing body, council, school district, local district, special service district, or municipal corporation, board, department, commission, council, agency, or any member or employee of them;
any other body that is created by state or local authority, or that is primarily funded by or through state or local authority, or any member or employee of that body;
a law enforcement agency or any member or employee of a law enforcement agency; and
Public entity: means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government. See Utah Code 67-21-2
Recess: A temporary interruption of the legislative business.
recommendation: means , for a qualified medical provider, the act of suggesting the use of medical cannabis treatment, which:
certifies the patient's eligibility for a medical cannabis card; and
may include, at the qualified medical provider's discretion, directions of use, with or without dosing guidelines. See Utah Code 26-61a-102
Registered agent: means an agent of a limited partnership or foreign limited partnership which is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the limited partnership. See Utah Code 48-2e-102
Registered foreign limited partnership: means a foreign limited partnership that is registered to do business in this state pursuant to a statement of registration filed by the division. See Utah Code 48-2e-102
Registrant: means :
the person to whom the registration of a mark under this chapter is issued; and
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Reporting employee: means an employee of a public entity who alleges that the public entity engaged in retaliatory action against the employee. See Utah Code 67-19a-101
Required information: means the information that a limited partnership is required to maintain under Section 48-2e-115. See Utah Code 48-2e-102
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.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
right of contribution: means property or a benefit described in Section 48-2e-501 which is provided by a person to a limited partnership to become a partner or in the person's capacity as a partner. See Utah Code 48-2e-102
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 48-2e-102
State agency: means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government. See Utah Code 67-25-102
State central patient portal: means the website the department creates, in accordance with Section 26-61a-601, to facilitate patient safety, education, and an electronic medical cannabis order. See Utah Code 26-61a-102
State central patient portal medical provider: means a physician or pharmacist that the department employs in relation to the state central patient portal to consult with medical cannabis cardholders in accordance with Section 26-61a-602. See Utah Code 26-61a-102
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Transferable interest: means the right, as initially owned by a person in the person's capacity as a partner, to receive distributions from a limited partnership in accordance with the partnership agreement, whether or not the person remains a partner or continues to own any part of the right. See Utah Code 48-2e-102
Transferee: means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a partner. See Utah Code 48-2e-102
Traumatic head injury: means an injury to the head arising from blunt trauma, an acceleration force, or a deceleration force, with one of the following observed or self-reported conditions attributable to the injury:
transient confusion, disorientation, or impaired consciousness;
dysfunction of memory;
loss of consciousness; or
signs of other neurological or neuropsychological dysfunction, including:
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
Tribal limited partnership: means a limited partnership:
formed under the law of a tribe; and
that is at least 51% owned or controlled by the tribe under whose law the limited partnership is formed. See Utah Code 48-2e-102
Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of their status as Indians. See Utah Code 48-2e-102
Trustee: A person or institution holding and administering property in trust.
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Uphold: The decision of an appellate court not to reverse a lower court decision.
Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Utah Code 70-3a-103
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
Valid form of photo identification: means a valid United States federal- or state-issued photo identification, including:
Volunteer: includes a juror or potential juror appearing in response to a summons for a trial jury or grand jury. See Utah Code 67-20-2
Volunteer facilitator: means a business or nonprofit organization that, from individuals who have a relationship with the business or nonprofit organization, such as membership or employment, provides volunteers to an agency or facilitates volunteers volunteering with an agency. See Utah Code 67-20-2
Volunteer safety officer: means an individual who:
provides services as a volunteer under the supervision of an agency; and
at the time the individual provides the services to the supervising agency described in Subsection (5)(a), the individual is:
exercising peace officer authority as provided in Section 53-13-102; or
if the supervising agency described in Subsection (5)(a) is a fire department:
on the rolls of the supervising agency as a firefighter;
not regularly employed as a firefighter by the supervising agency; and
acting in a capacity that includes the responsibility for the extinguishment of fire. See Utah Code 67-20-2
Volunteer search and rescue team member: means an individual who:
provides services as a volunteer under the supervision of a county sheriff; and
at the time the individual provides the services to the county sheriff described in Subsection (6)(a), is:
certified as a member of the county sheriff's search and rescue team; and
acting in the capacity of a member of the search and rescue team of the supervising county sheriff. See Utah Code 67-20-2