Part 1 General Provisions 48-2e-101 – 48-2e-118
Part 2 Formation — Certificate of Limited Partnership and Other Filings 48-2e-201 – 48-2e-212
Part 3 Limited Partners 48-2e-301 – 48-2e-306
Part 4 General Partners 48-2e-401 – 48-2e-409
Part 5 Contributions and Distributions 48-2e-501 – 48-2e-505
Part 6 Dissociation 48-2e-601 – 48-2e-607
Part 7 Transferable Interest and Rights 48-2e-701 – 48-2e-704
Part 8 Dissolution and Winding up 48-2e-801 – 48-2e-813
Part 9 Foreign Limited Partnerships 48-2e-901 – 48-2e-912
Part 10 Actions by Partners 48-2e-1001 – 48-2e-1006
Part 11 Merger, Interest Exchange, Conversion, and Domestication 48-2e-1101 – 48-2e-1156
Part 12 Miscellaneous Provisions 48-2e-1201 – 48-2e-1205

Terms Used In Utah Code > Title 48 > Chapter 2e

  • Abusive conduct: means the same as that term is defined in Section 67-19-44. See Utah Code 67-19a-101
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Administrator: means the person appointed under Section 67-19a-201 to head the Career Service Review Office. See Utah Code 67-19a-101
  • 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) a department, institution, office, college, university, authority, division, board, bureau, commission, council, or other agency of the state;
    (b) a county, city, town, school district, or special improvement or taxing district; or
    (c) any other political subdivision. See Utah Code 67-20-2
  • Agent: means a coach, teacher, employee, representative, or volunteer. See Utah Code 26-53-102
  • Allegation: something that someone says happened.
  • Amateur sports organization: means , except as provided in Subsection (2)(b):
    (i) a sports team;
    (ii) a public or private school;
    (iii) a public or private sports league;
    (iv) a public or private sports camp; or
    (v) 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 :
    (i) the person filing an application for registration of a mark under this chapter; and
    (ii) a legal representative, successor, or assign of a person described in Subsection (1)(b)(i). See Utah Code 70-3a-103
  • Appraisal: A determination of property value.
  • 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:
    (a) the purpose of which is to investigate the medical benefits and risks of cannabinoid products; and
    (b) that is approved by an IRB. See Utah Code 26-61-102
  • 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
  • Bequest: Property gifted by will.
  • board: means the board of trustees created in Section 67-19d-202. See Utah Code 67-19d-102
  • board: means the board of trustees created in Section 67-19f-202. See Utah Code 67-19f-102
  • Board: means the Cannabinoid Product Board created in Section 26-61-201. See Utah Code 26-61-102
  • Buyer: means a person who buys or contracts to buy goods. See Utah Code 70A-2-103
  • Cannabinoid product: means the same as that term is defined in Section 58-37-3. See Utah Code 26-61-102
  • Cannabis: means the same as that term is defined in Section 58-37-3. See Utah Code 26-61-102
  • Cannabis: means marijuana. See Utah Code 26-61a-102
  • Cannabis processing facility: means the same as that term is defined in Section 4-41a-102. See Utah Code 26-61a-102
  • Cannabis product: means a product that:
    (a) is intended for human use; and
    (b) contains cannabis or tetrahydrocannabinol. See Utah Code 26-61a-102
  • Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26-61a-102
  • Career service: means positions under schedule B as defined in Section 67-19-15. See Utah Code 67-19-3
  • Career service employee: means an employee who has successfully completed a probationary period of service in a position covered by the career service. See Utah Code 67-19-3
  • Career service employee: means a person employed in career service as defined in Section 67-19-3. See Utah Code 67-19a-101
  • Career service employee: is a s defined in Section 67-19-3. See Utah Code 67-25-102
  • Career service status: means status granted to employees who successfully complete probationary periods for competitive career service positions. See Utah Code 67-19-3
  • Certificate of limited partnership: means the certificate required by Section 48-2e-201. See Utah Code 48-2e-102
  • Child: means an individual who is under the age of 18. See Utah Code 26-53-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Compensatory service worker: means a person who performs a public service with or without compensation for an agency as a condition or part of the person's:
    (a) incarceration;
    (b) plea;
    (c) sentence;
    (d) diversion;
    (e) probation; or
    (f) parole. See Utah Code 67-20-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means any person including a public agency or other private organization, who acquires assistive technology on behalf of or for the benefit of an individual who:
    (a) purchases assistive technology from a manufacturer, its agent, or authorized dealer for purposes other than resale;
    (b) obtains or otherwise receives assistive technology for purposes other than resale, but only if the transfer occurs before the expiration of any applicable express warranties;
    (c) possesses the right to enforce the warranty; or
    (d) leases assistive technology from an authorized lessor under a written lease. See Utah Code 70A-2-802
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Utah Code 70A-2-106
  • Controlled substance: means controlled substance as defined in Section 58-37-2. See Utah Code 67-19-3
  • Conviction: A judgement of guilt against a criminal defendant.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County executive: means :Utah Code 68-3-12.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Damages: means general and special damages for injury or loss caused by each violation of this chapter. See Utah Code 67-21-2
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Demotion: means a disciplinary action resulting in a reduction of an employee's current actual wage. See Utah Code 67-19-3
  • Department: means the Department of Health. See Utah Code 26-61a-102
  • Department: means the Department of Health created in Section 26-1-4. See Utah Code 26-1-2
  • Department: means the Department of Human Resource Management. See Utah Code 67-19-3
  • Department: means the Department of Human Resource Management. See Utah Code 67-19a-101
  • Designated caregiver: means :
    (a) an individual:
    (i) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and
    (ii) who registers with the department under Section 26-61a-202; or
    (b) 
    (i) a facility that an individual designates as a designated caregiver in accordance with Subsection 26-61a-202(1)(b); or
    (ii) an assigned employee of the facility described in Subsection 26-61a-202(1)(b)(ii). See Utah Code 26-61a-102
  • Devise: To gift property by will.
  • Dilution: means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of:
    (i) competition between the owner of the famous mark and another person; or
    (ii) the likelihood of:
    (A) confusion;
    (B) mistake; or
    (C) deception. See Utah Code 70-3a-103
  • Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26-61a-102
  • Disability: means a physical or mental disability as defined and protected under the Americans with Disabilities Act, 42 U. See Utah Code 67-19-3
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distribution: means a transfer of money or other property from a limited partnership to a person on account of a transferable interest or in the person's capacity as a partner. See Utah Code 48-2e-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 48-2e-102
  • Division: means the Division of Corporations and Commercial Code within the Department of Commerce. See Utah Code 70-3a-103
  • Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26-61a-102
  • Employee: means any individual in a paid status covered by the career service or classified service provisions of this chapter. See Utah Code 67-19-3
  • Employee: means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 67-21-2
  • Employer: includes an agent of an employer. See Utah Code 67-21-2
  • 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
  • Executive branch elected official: means :
    (a) the governor;
    (b) the lieutenant governor;
    (c) the attorney general;
    (d) the state treasurer; or
    (e) the state auditor. See Utah Code 67-25-102
  • Executive branch official: means an individual who:
    (a) is a management level employee of an executive branch elected official; and
    (b) is not a career service employee. See Utah Code 67-25-102
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Expanded cannabinoid product: means the same as that term is defined in Section 58-37-3. See Utah Code 26-61-102
  • 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:
    (a) 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
    (b) has not dissociated as a general partner under Section 48-2e-603. See Utah Code 48-2e-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grievance: means :
    (a) a complaint by a career service employee concerning any matter touching upon the relationship between the employee and the employer;
    (b) any dispute between a career service employee and the employer;
    (c) a complaint by a reporting employee that a public entity has engaged in retaliatory action against the reporting employee ; and
    (d) a complaint that the employer subjected the employee to conditions that a reasonable person would consider intolerable, including abusive conduct. See Utah Code 67-19a-101
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Highway: includes :Utah Code 68-3-12.5
  • 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
  • Inventory control system: means the system described in Section 4-41a-103. See Utah Code 26-61a-102
  • IRB: means an institutional review board that is registered for human subject research by the United States Department of Health and Human Services. See Utah Code 26-61-102
  • Judicial employee: means an employee of the judicial branch of state government. See Utah Code 67-21-2
  • Jurisdiction of formation: means , with respect to an entity, the jurisdiction:
    (a) under whose law the entity is formed; or
    (b) in the case of a limited liability partnership or foreign limited liability partnership, in which the partnership's statement of qualification is filed. See Utah Code 48-2e-102
  • Juror: A person who is on the jury.
  • Land: includes :Utah Code 68-3-12.5
  • 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
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legal use termination date: means a date on the label of a container of unprocessed cannabis flower:
    (a) that is 60 days after the date of purchase of the cannabis; and
    (b) after which, the cannabis is no longer in a medicinal dosage form outside of the primary residence of the relevant medical cannabis patient cardholder. See Utah Code 26-61a-102
  • Legislative employee: means an employee of the legislative branch of state government. See Utah Code 67-21-2
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited partner: means a person that:
    (a) has become a limited partner under Section 48-2e-301 or was a limited partner in a limited partnership when the limited partnership became subject to this chapter under Section 48-2e-1205; and
    (b) has not dissociated under Section 48-2e-601. See Utah Code 48-2e-102
  • Limited partnership: means an entity formed under this chapter or which becomes subject to this chapter under Part 11, Merger, Interest Exchange, Conversion, and Domestication, or Section 48-2e-1205. See Utah Code 48-2e-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lobbying: is a s defined in Section 36-11-102. See Utah Code 67-24-102
  • Lobbyist: is a s defined in Section 36-11-102. See Utah Code 67-24-102
  • Lodging establishment: means the same as that term is defined in Section 29-2-102. See Utah Code 69-5-102
  • Marijuana: means the same as that term is defined in Section 58-37-2. See Utah Code 26-61a-102
  • Mark: means any trademark or service mark entitled to registration under this chapter whether or not the trademark or service mark is registered. See Utah Code 70-3a-103
  • Market comparability adjustment: means a salary range adjustment determined necessary through a market survey of salary data and other relevant information. See Utah Code 67-19-3
  • Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26-61a-102
  • Medical cannabis card: means a medical cannabis patient card, a medical cannabis guardian card, or a medical cannabis caregiver card. See Utah Code 26-61a-102
  • Medical cannabis cardholder: means :
    (a) a holder of a medical cannabis card; or
    (b) a facility or assigned employee, described in Subsection (10)(b), only:
    (i) within the scope of the facility's or assigned employee's performance of the role of a medical cannabis patient cardholder's caregiver designation under Subsection 26-61a-202(1)(b); and
    (ii) while in possession of documentation that establishes:
    (A) a caregiver designation described in Subsection 26-61a-202(1)(b);
    (B) the identity of the individual presenting the documentation; and
    (C) the relation of the individual presenting the documentation to the caregiver designation. See Utah Code 26-61a-102
  • Medical cannabis caregiver card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
    (a) the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and
    (b) is connected to the electronic verification system. See Utah Code 26-61a-102
  • Medical cannabis courier: means a courier that:
    (a) the department licenses in accordance with Section 26-61a-604; and
    (b) contracts with a home delivery medical cannabis pharmacy to deliver medical cannabis shipments to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 26-61a-102
  • Medical cannabis device: means a device that an individual uses to ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26-61a-102
  • Medical cannabis guardian card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
    (a) the department issues to the parent or legal guardian of a minor with a qualifying condition; and
    (b) is connected to the electronic verification system. See Utah Code 26-61a-102
  • Medical cannabis patient card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
    (a) the department issues to an individual with a qualifying condition; and
    (b) is connected to the electronic verification system. See Utah Code 26-61a-102
  • Medical cannabis pharmacy: means a person that:
    (a) 
    (i) acquires or intends to acquire:
    (A) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form from a cannabis processing facility; or
    (B) a medical cannabis device; or
    (ii) possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device; and
    (b) sells or intends to sell cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device to a medical cannabis cardholder. See Utah Code 26-61a-102
  • Medical cannabis pharmacy agent: means an individual who:
    (a) is an employee of a medical cannabis pharmacy; and
    (b) who holds a valid medical cannabis pharmacy agent registration card. See Utah Code 26-61a-102
  • Medical cannabis treatment: means cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device. See Utah Code 26-61a-102
  • Medicinal dosage form: includes a portion of unprocessed cannabis flower that:
    (i) the medical cannabis cardholder has recently removed from the container described in Subsection (32)(a)(ii) for use; and
    (ii) does not exceed the quantity described in Subsection (32)(a)(ii). See Utah Code 26-61a-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • 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
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the Career Service Review Office created under Section 67-19a-201. See Utah Code 67-19a-101
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partner: means a limited partner or general partner. See Utah Code 48-2e-102
  • 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
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • 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) 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;
    (b) an agency, board, commission, council, institution member, or employee of the legislative branch of state government;
    (c) 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;
    (d) 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;
    (e) a law enforcement agency or any member or employee of a law enforcement agency; and
    (f) the judiciary and any member or employee of the judiciary. See Utah Code 67-21-2
  • 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
  • Public entity: means the same as that term is defined in Section 67-21-2. See Utah Code 67-19a-101
  • Public entity employee: means an employee of a public entity. See Utah Code 67-21-2
  • Qualified health care provider: means a health care provider who:
    (a) is licensed under Title 58, Occupations and Professions; and
    (b) may evaluate and manage a concussion within the health care provider's scope of practice. See Utah Code 26-53-102
  • Qualified medical provider: means an individual who is qualified to recommend treatment with cannabis in a medicinal dosage form under Section 26-61a-106. See Utah Code 26-61a-102
  • Qualifying condition: means a condition described in Section 26-61a-104. See Utah Code 26-61a-102
  • 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:
    (a) certifies the patient's eligibility for a medical cannabis card; and
    (b) 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 :
    (i) the person to whom the registration of a mark under this chapter is issued; and
    (ii) a legal representative, successor, or assign of a person described in Subsection (1)(f)(i). See Utah Code 70-3a-103
  • 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.
  • Retaliatory action: is a s defined in Section 67-19a-101. See Utah Code 67-21-2
  • Retaliatory action: means to do any of the following to an employee in violation of Section 67-21-3:
    (a) dismiss the employee;
    (b) reduce the employee's compensation;
    (c) fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;
    (d) fail to promote the employee if the employee would have otherwise been promoted; or
    (e) threaten to take an action described in Subsections (11)(a) through (d). See Utah Code 67-19a-101
  • 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
  • Road: includes :Utah Code 68-3-12.5
  • Seller: means a person who sells or contracts to sell goods. See Utah Code 70A-2-103
  • service mark: means :
    (A) a word, term, name, symbol, design, or device; or
    (B) any combination of words, terms, names, symbols, designs, or devices. See Utah Code 70-3a-103
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sign: means , with present intent to authenticate or adopt a record:
    (a) to execute or adopt a tangible symbol; or
    (b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 48-2e-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Sporting event: means any of the following athletic activities that is organized, managed, or sponsored by an organization:
    (i) a game;
    (ii) a practice;
    (iii) a sports camp;
    (iv) a physical education class;
    (v) a competition; or
    (vi) a tryout. See Utah Code 26-53-102
  • 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
  • State electronic verification system: means the system described in Section 26-61a-103. See Utah Code 26-61a-102
  • State institution of higher education: is a s defined in Section 53B-3-102. See Utah Code 67-21-2
  • State official: means :
    (a) a member of the Legislature;
    (b) the governor;
    (c) the lieutenant governor;
    (d) the state auditor;
    (e) the state treasurer; and
    (f) the attorney general. See Utah Code 67-24-102
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisor: means the person:
    (a) to whom an employee reports; or
    (b) who assigns and oversees an employee's work. See Utah Code 67-19a-101
  • 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.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trade name: means any name used by a person to identify a business or vocation of that person. See Utah Code 70-3a-103
  • trademark: means :
    (A) a word, term, name, symbol, design, or device; or
    (B) any combination of words, terms, names, symbols, designs, or devices. See Utah Code 70-3a-103
  • Transfer: includes :
    (a) an assignment;
    (b) a conveyance;
    (c) a sale;
    (d) a lease;
    (e) an encumbrance, including a mortgage or security interest;
    (f) a gift; and
    (g) a transfer by operation of law. See Utah Code 48-2e-102
  • 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:
    (a) transient confusion, disorientation, or impaired consciousness;
    (b) dysfunction of memory;
    (c) loss of consciousness; or
    (d) signs of other neurological or neuropsychological dysfunction, including:
    (i) seizures;
    (ii) irritability;
    (iii) lethargy;
    (iv) vomiting;
    (v) headache;
    (vi) dizziness; or
    (vii) fatigue. See Utah Code 26-53-102
  • 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:
    (a) formed under the law of a tribe; and
    (b) 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
  • Trust fund: means the State Post-Retirement Benefits Trust Fund created by Section 67-19d-201. See Utah Code 67-19d-102
  • Trust fund: means the State Employees' Annual Leave Trust Fund created in Section 67-19f-201. See Utah Code 67-19f-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:
    (a) a driver license;
    (b) a United States passport;
    (c) a United States passport card; or
    (d) a United States military identification card. See Utah Code 26-61a-102
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
  • Veteran: means an individual who:Utah Code 68-3-12.5
  • 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:
    (a) provides services as a volunteer under the supervision of an agency; and
    (b) at the time the individual provides the services to the supervising agency described in Subsection (5)(a), the individual is:
    (i) exercising peace officer authority as provided in Section 53-13-102; or
    (ii) if the supervising agency described in Subsection (5)(a) is a fire department:
    (A) on the rolls of the supervising agency as a firefighter;
    (B) not regularly employed as a firefighter by the supervising agency; and
    (C) 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:
    (a) provides services as a volunteer under the supervision of a county sheriff; and
    (b) at the time the individual provides the services to the county sheriff described in Subsection (6)(a), is:
    (i) certified as a member of the county sheriff's search and rescue team; and
    (ii) acting in the capacity of a member of the search and rescue team of the supervising county sheriff. See Utah Code 67-20-2
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
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