§ 58-37e-1 Title
§ 58-37e-2 Definitions
§ 58-37e-3 Liability for participation in the illegal drug market
§ 58-37e-4 Recovery of damages
§ 58-37e-5 Limited recovery of damages
§ 58-37e-6 Third party cases
§ 58-37e-7 Illegal drug market target community
§ 58-37e-8 Joinder of parties
§ 58-37e-9 Comparative responsibility
§ 58-37e-10 Contribution among and recovery from multiple defendants
§ 58-37e-11 Standard of proof — Effect of criminal drug conviction
§ 58-37e-12 Prejudgment attachment and execution on judgments
§ 58-37e-13 Statute of limitations
§ 58-37e-14 Representation of governmental entities — Stay of action

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

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 26B-8-101
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • 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.
  • Biological sex at birth: means an individual's sex, as being male or female,
    according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles. See Utah Code 26B-8-101
  • Certified nurse midwife: means an individual who:
    (a) is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a, Nurse Midwife Practice Act; and
    (b) has completed an education program regarding the completion of a certificate of death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dead body: means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred. See Utah Code 26B-8-101
  • Decedent: means the same as a dead body. See Utah Code 26B-8-101
  • Decedent: A deceased person.
  • Declarant father: means a male who claims to be the genetic father of a child, and, along with the biological mother, signs a voluntary declaration of paternity to establish the child's paternity. See Utah Code 26B-8-101
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dispositioner: means :
    (a) a person designated in a written instrument, under Subsection 58-9-602(1), as having the right and duty to control the disposition of the decedent, if the person voluntarily acts as the dispositioner; or
    (b) the next of kin of the decedent, if:
    (i) 
    (A) a person has not been designated as described in Subsection (9)(a); or
    (B) the person described in Subsection (9)(a) is unable or unwilling to exercise the right and duty described in Subsection (9)(a); and
    (ii) the next of kin voluntarily acts as the dispositioner. See Utah Code 26B-8-101
  • Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
  • Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
  • Employee: means an employee of a tobacco retailer. See Utah Code 26B-7-501
  • Enforcing agency: means the department, or any local health department enforcing the provisions of this part. See Utah Code 26B-7-501
  • 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.
  • File: means the submission of a completed certificate or other similar document, record, or report as provided under this part for registration by the state registrar or a local registrar. See Utah Code 26B-8-101
  • Funeral service director: means the same as that term is defined in Section 58-9-102. See Utah Code 26B-8-101
  • General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501
  • Health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-8-101
  • Health care professional: means a physician, physician assistant, nurse practitioner, or certified nurse midwife. See Utah Code 26B-8-101
  • 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
  • Intersex individual: means an individual who:
    (a) is born with external biological sex characteristics that are irresolvably ambiguous;
    (b) is born with 46, XX chromosomes with virilization;
    (c) is born with 46, XY chromosomes with undervirilization;
    (d) has both ovarian and testicular tissue; or
    (e) has been diagnosed by a physician, based on genetic or biochemical testing, with
    abnormal:
    (i) sex chromosome structure;
    (ii) sex steroid hormone production; or
    (iii) sex steroid hormone action for a male or female. See Utah Code 26B-8-101
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed funeral establishment: means :
    (a) if located in Utah, a funeral service establishment, as that term is defined in Section 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or
    (b) if located in a state, district, or territory of the United States other than Utah, a funeral service establishment that complies with the licensing laws of the jurisdiction where the establishment is located. See Utah Code 26B-8-101
  • Live birth: means the birth of a child who shows evidence of life after the child is entirely outside of the mother. See Utah Code 26B-8-101
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501
  • Local registrar: means a person appointed under Subsection 26B-8-102(3)(b). See Utah Code 26B-8-101
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
  • Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
  • Nurse practitioner: means an individual who:
    (a) is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act; and
    (b) has completed an education program regarding the completion of a certificate of death developed by the department by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101
  • Office: means the Office of Vital Records and Statistics within the department. See Utah Code 26B-8-101
  • Owner: means a person holding a 20% ownership interest in the business that is required to obtain a permit under this part. See Utah Code 26B-7-501
  • 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
  • Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501
  • 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 :Utah Code 68-3-12.5
  • Physician: means a person licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-8-101
  • Physician assistant: means an individual who:
    (a) is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act; and
    (b) has completed an education program regarding the completion of a certificate of death developed by the department by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101
  • 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.
  • Presumed father: means the father of a child conceived or born during a marriage as defined in Section 30-1-17. See Utah Code 26B-8-101
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Proof of age: means :
    (i) a valid identification card issued under 8;
    (ii) a valid identification that:
    (A) is substantially similar to an identification card issued under 8;
    (B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;
    (C) includes date of birth; and
    (D) has a picture affixed;
    (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;
    (iv) a valid United States military identification card that:
    (A) includes date of birth; and
    (B) has a picture affixed; or
    (v) a valid passport. See Utah Code 26B-7-501
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • register: means acceptance by the local or state registrar of a certificate and incorporation of the certificate into the permanent records of the state. See Utah Code 26B-8-101
  • Retail tobacco specialty business: means the same as that term is defined:
    (a) as it relates to a municipality, in Section 10-8-41. See Utah Code 26B-7-501
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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
  • 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
  • State registrar: means the state registrar of vital records appointed under Section 26B-8-102. See Utah Code 26B-8-101
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tobacco product: means :
    (a) a tobacco product as defined in Section 76-10-101; or
    (b) tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501
  • Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vital records: means :
    (a) registered certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, or annulment;
    (b) amendments to any of the registered certificates or reports described in Subsection (24)(a);
    (c) an adoption document; and
    (d) other similar documents. See Utah Code 26B-8-101
  • Vital statistics: means the data derived from registered certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment. See Utah Code 26B-8-101