§ 77-23b-1 Definitions
§ 77-23b-2 Interference with access to stored communication — Offenses — Penalties
§ 77-23b-3 Revealing stored electronic communication — Prohibitions — Penalties
§ 77-23b-4 Disclosure by a provider — Grounds for requiring disclosure — Court order
§ 77-23b-5 Backup copy of communications — When required of provider — Court order — Procedures
§ 77-23b-6 Notifying subscriber or customer of court order — Requested delay — Grounds — Limits
§ 77-23b-7 Fee for services of provider of information
§ 77-23b-8 Violation of chapter — Civil action by provider or subscriber — Good faith defense — Limitation of action
§ 77-23b-9 Judicial scope of chapter remedies and sanctions
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Terms Used In Utah Code > Title 77 > Chapter 23b - Access to Electronic Communications

  • Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Apprehend: means taking an individual into custody by competent authority, with or without a warrant. See Utah Code 39A-5-102
  • Arrest: Taking physical custody of a person by lawful authority.
  • Arrest: means restraining an individual by an order, not imposed as a punishment for an offense, directing the individual to remain within a specified area. See Utah Code 39A-5-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
  • Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
  • Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
  • Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
  • Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
  • National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
  • Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • remote computing service: means provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23b-1
  • 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
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Unit: means any regularly organized command of the National Guard. See Utah Code 39A-5-102