Terms Used In Utah Code > Title 78B > Chapter 6 - Particular Proceedings

• Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adoptee: means a person who:
       (1)(a) is the subject of an adoption proceeding; or
       (1)(b) has been legally adopted. See Utah Code 78B-6-103
• Adoption: means the judicial act that:
       (2)(a) creates the relationship of parent and child where it did not previously exist; and
       (2)(b) except as provided in Subsections 78B-6-138(2) and (4), terminates the parental rights of any other person with respect to the child. See Utah Code 78B-6-103
• 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 78B-6-103
• Adoption proceeding: means any proceeding under this part. See Utah Code 78B-6-103
• Adoption service provider: means :
       (5)(a) a child-placing agency;
       (5)(b) a licensed counselor who has at least one year of experience providing professional social work services to:

            (5)(b)(i) adoptive parents;

            (5)(b)(ii) prospective adoptive parents; or

            (5)(b)(iii) birth parents; or
       (5)(c) the Office of Licensing within the Department of Health and Human Services. See Utah Code 78B-6-103
• Adoptive parent: means an individual who has legally adopted an adoptee. See Utah Code 78B-6-103
• ADR: means alternative dispute resolution and includes arbitration, mediation, and other means of dispute resolution, other than court trial, authorized by the Judicial Council under this part. See Utah Code 78B-6-202
• ADR organization: means an organization which provides training for ADR providers or offers other ADR services. See Utah Code 78B-6-202
• ADR provider: means a neutral person who conducts an ADR procedure. See Utah Code 78B-6-202
• Adult: means an individual who is 18 years old or older. See Utah Code 78B-6-103
• Adult adoptee: means an adoptee who is 18 years old or older and was adopted as a minor. See Utah Code 78B-6-103
• Adult sibling: means an adoptee's brother or sister, who is 18 years old or older and whose birth mother or father is the same as that of the adoptee. See Utah Code 78B-6-103
• 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.
• Agency: means a state, county, or local government entity that generates or maintains records relating to an unlawful detainer action. See Utah Code 78B-6-850
• Alcoholic beverage: is a s defined in Section 32B-1-102. See Utah Code 78B-6-1602
• AMA guides: means the edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• Appraisal: A determination of property value.
• Arbitration: means a private hearing before a neutral or panel of neutrals who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented pursuant to Section 78B-6-206. See Utah Code 78B-6-202
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• Asbestos: means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 C. See Utah Code 78B-6-2401
• Asbestos action: means a claim for damages or other civil or equitable relief presented in a civil action resulting from, based on, or related to:
            (4)(a)(i) the health effects of exposure to asbestos, including:

                 (4)(a)(i)(A) loss of consortium;

                 (4)(a)(i)(B) wrongful death;

                 (4)(a)(i)(C) mental or emotional injury;

                 (4)(a)(i)(D) risk or fear of disease or other injury; and

                 (4)(a)(i)(E) costs of medical monitoring or surveillance; and
            (4)(a)(ii) any other derivative claim made by or on behalf of an individual exposed to asbestos or a representative, spouse, parent, child, or other relative of that individual. See Utah Code 78B-6-2401
• Asbestos trust: means a:
       (5)(a) government-approved or court-approved trust that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;
       (5)(b) qualified settlement fund that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;
       (5)(c) compensation fund or claims facility created as a result of an administrative or legal action that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;
       (5)(d) court-approved bankruptcy that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; or
       (5)(e) plan of reorganization or trust pursuant to Utah Code 78B-6-2401
• Asbestosis: means bilateral diffuse interstitial fibrosis of the lungs caused by the inhalation of asbestos fibers. See Utah Code 78B-6-2401
• Ascendant: means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. See Utah Code 78B-6-1270
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• ATS testing standards: means the official technical statements from the American Thoracic Society for pulmonary function testing in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Auction: means a dealer engaged in the business of auctioning motor vehicles, either owned or consigned, to the general public. See Utah Code 41-3-102
• Authorized service center: means an entity that:
       (4)(a) is in the business of repairing exclusively the motor vehicles of the same line-make as the motor vehicles a single direct-sale manufacturer manufactures;
       (4)(b) the direct-sale manufacturer described in Subsection (4)(a) authorizes to complete warranty repair work for motor vehicles that the direct-sale manufacturer sells, displays for sale, or offers for sale or exchange; and
       (4)(c) conducts business primarily from an enclosed commercial repair facility that is permanently located in the state. See Utah Code 41-3-102
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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}
• Birth mother: means the biological mother of a child. See Utah Code 78B-6-103
• Birth parent: means :
       (11)(a) a birth mother;
       (11)(b) a man whose paternity of a child is established;
       (11)(c) a man who:

            (11)(c)(i) has been identified as the father of a child by the child's birth mother; and

            (11)(c)(ii) has not denied paternity; or
       (11)(d) an unmarried biological father. See Utah Code 78B-6-103
• Board-certified physician in internal medicine: means a licensed physician who is certified by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Utah Code 78B-6-2401
• Board-certified physician in occupational medicine: means a licensed physician who is certified in the specialty of:
       (8)(a) occupational medicine by the American Board of Preventative Medicine; or
       (8)(b) occupational and environmental medicine by the American Osteopathic Board of Preventative Medicine. See Utah Code 78B-6-2401
• Board-certified physician in pathology: means a licensed physician:
       (9)(a) who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Pathology; and
       (9)(b) whose professional practice is principally in the field of pathology involving regular evaluation of pathology materials obtained from surgical or postmortem specimens. See Utah Code 78B-6-2401
• Board-certified physician in pulmonary medicine: means a licensed physician who is certified in the specialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Utah Code 78B-6-2401
• Body shop: means a person engaged in rebuilding, restoring, repairing, or painting the body of motor vehicles for compensation. See Utah Code 41-3-102
• Chambers: A judge's office.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chest x-ray: means a chest film taken in accordance with applicable state and federal laws and taken in the posterior-anterior view. See Utah Code 78B-6-2401
• Child-placing agency: means an agency licensed to place children for adoption under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities. See Utah Code 78B-6-103
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Civil action: means an action in which a party seeks monetary or equitable relief at common law or pursuant to statute. See Utah Code 78B-6-202
• Claimant: means a person who files a notice. See Utah Code 78B-6-1302
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Cohabiting: means residing with another person and being involved in a sexual relationship with that person. See Utah Code 78B-6-103
• Collateral: means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant. See Utah Code 78B-6-1270
• Commission: means the State Tax Commission. See Utah Code 41-3-102
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contamination claim: means a claim for which a government owner and the government owner's officers and employees have immunity under Subsection 63G-7-201(3)(b). See Utah Code 78B-6-2501
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Crusher: means a person who crushes or shreds motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to reduce the useable materials and metals to a more compact size for recycling. See Utah Code 41-3-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Demand letter: means a letter, email, or other written communication directed to a target and asserting or claiming that the target has engaged in patent infringement. See Utah Code 78B-6-1902
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Descendant: means an individual who follows another individual in lineage, in the direct line of descent from the other individual. See Utah Code 78B-6-1270
• Determination of value: means a court order:
       (4)(a) determining the fair market value of heirs' property under Section 78B-6-1274 or 78B-6-1278; or
       (4)(b) adopting the valuation of the property agreed to by all the cotenants. See Utah Code 78B-6-1270
• Device: means a tablet or a smart phone sold in Utah and manufactured on or after January 1 of the year following the year this bill takes effect. See Utah Code 78B-6-2202
• Device: means a tablet or a smart phone manufactured on or after January 1, 2025. See Utah Code 78B-6-2601
• Devise: To gift property by will.
• Direct-sale manufacturer: means a person:
       (9)(a) that is both a manufacturer and a dealer;
       (9)(b) that is:

            (9)(b)(i) an electric vehicle manufacturer; or

            (9)(b)(ii) a low-volume manufacturer;
       (9)(c) that is not a franchise holder;
       (9)(d) that is domiciled in the United States; and
       (9)(e) whose chief officers direct, control, and coordinate the person's activities as a direct-sale manufacturer from a physical location in the United States. See Utah Code 41-3-102
• Direct-sale manufacturer salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by a direct-sale manufacturer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of a motor vehicle manufactured by the direct-sale manufacturer who employs the individual. See Utah Code 41-3-102
• Directive: means an ordinance, regulation, measure, rule, enactment, order, or policy issued, enacted, or required by a local or state governmental entity. See Utah Code 78B-6-2301
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismantler: includes a person who dismantles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributor: means a person who has a franchise from a manufacturer of motor vehicles to distribute motor vehicles within this state and who in whole or in part sells or distributes new motor vehicles to dealers or who maintains distributor representatives. See Utah Code 41-3-102
• Distributor branch: means a branch office similarly maintained by a distributor for the same purposes a factory branch is maintained. See Utah Code 41-3-102
• Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
• Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102
• Division: means the Division of Child and Family Services, within the Department of Health and Human Services, created in Section 80-2-201. See Utah Code 78B-6-103
• Electric vehicle manufacturer: means a person that, in this state, sells, displays for sale, or offers for sale or exchange only new motor vehicles of the person's own line-make that are:
       (16)(a) exclusively propelled through the use of electricity, a hydrogen fuel cell, or another non-fossil fuel source;
       (16)(b)

            (16)(b)(i) passenger vehicles with a gross vehicle weight rating of 14,000 pounds or less; or

            (16)(b)(ii) trucks with a gross vehicle weight rating of 14,000 pounds or less; and
       (16)(c) manufactured by the person. See Utah Code 41-3-102
• Emergency response provider: means an individual providing services on behalf of:
       (2)(a) a law enforcement agency;
       (2)(b) a fire suppression agency; or
       (2)(c) another agency or a political subdivision of the state. See Utah Code 78B-6-1602
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Eviction: means a cause of action for unlawful detainer under Part 8, Forcible Entry and Detainer. See Utah Code 78B-6-850
• 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.
• Exposed individual: means an individual whose exposure to asbestos is the basis for the asbestos action. See Utah Code 78B-6-2401
• Expunge: means to seal or otherwise restrict access to records held by a court or an agency. See Utah Code 78B-6-850
• Extra-jurisdictional child-placing agency: means an agency licensed to place children for adoption by a district, territory, or state of the United States, other than Utah. See Utah Code 78B-6-103
• Factory branch: means a branch office maintained by a person who manufactures or assembles motor vehicles for sale to distributors, motor vehicle dealers, or who directs or supervises the factory branch's representatives. See Utah Code 41-3-102
• 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.
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Filter: means software installed on a device that is capable of preventing the device from accessing or displaying material that is harmful to minors through the Internet or any applications owned and controlled by the manufacturer and installed on the device. See Utah Code 78B-6-2202
• Filter: means generally accepted and commercially reasonable software used on a device that is capable of preventing the device from accessing or displaying obscene material through Internet browsers or search engines owned or controlled by the manufacturer in accordance with prevailing industry standards including blocking known websites linked to obscene content via mobile data networks, wired Internet networks, and wireless Internet networks. See Utah Code 78B-6-2601
• Firearm: means the same as that term is defined in Section 53-5a-102. See Utah Code 78B-6-2301
• 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}
• Franchise: includes a contract or agreement described in Subsection (20)(a) regardless of whether the contract or agreement is subject to Title 13, Chapter 14, New Automobile Franchise Act, Title 13, Chapter 35, Powersport Vehicle Franchise Act, or neither. See Utah Code 41-3-102
• Franchise holder: means a manufacturer who:
            (21)(a)(i) previously had a franchised dealer in the United States;
            (21)(a)(ii) currently has a franchised dealer in the United States;
            (21)(a)(iii) is a successor to another manufacturer who previously had or currently has a franchised dealer in the United States;
            (21)(a)(iv) is a material owner of another manufacturer who previously had or currently has a franchised dealer in the United States;
            (21)(a)(v) is under legal or common ownership, or practical control, with another manufacturer who previously had or currently has a franchised dealer in the United States; or
            (21)(a)(vi) is in a partnership, joint venture, or similar arrangement for production of a commonly owned line-make with another manufacturer who previously had or currently has a franchised dealer in the United States. See Utah Code 41-3-102
• Fraud: Intentional deception resulting in injury to another.
• FVC: means the maximal volume of air expired with maximum effort from a position of full inspiration. See Utah Code 78B-6-2401
• Genetic and social history: means a comprehensive report, when obtainable, that contains the following information on an adoptee's birth parents, aunts, uncles, and grandparents:
       (16)(a) medical history;
       (16)(b) health status;
       (16)(c) cause of and age at death;
       (16)(d) height, weight, and eye and hair color;
       (16)(e) ethnic origins;
       (16)(f) where appropriate, levels of education and professional achievement; and
       (16)(g) religion, if any. See Utah Code 78B-6-103
• Government owner: means the same as that term is defined in Subsection 63G-7-201(3). See Utah Code 78B-6-2501
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Harmful to minors: means the same as that term is defined in Section 76-10-1201. See Utah Code 78B-6-2202
• Health history: means a comprehensive report of the adoptee's health status at the time of placement for adoption, and medical history, including neonatal, psychological, physiological, and medical care history. See Utah Code 78B-6-103
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Identifying information: means information that is in the possession of the office and that contains the name and address of a pre-existing parent or an adult adoptee, or other specific information that by itself or in reasonable conjunction with other information may be used to identify a pre-existing parent or an adult adoptee, including information on a birth certificate or in an adoption document. See Utah Code 78B-6-103
• ILO system: means the system for the classification of chest x-rays provided in the International Labour Office's Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Internet: means the same as that term is defined in Section 13-40-102. See Utah Code 78B-6-2202
• Internet: means the same as that term is defined in Section 13-40-102. See Utah Code 78B-6-2601
• Intestate: Dying without leaving a will.
• 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.
• Juror: A person who is on the jury.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Law enforcement officer: is a s defined in Section 53-13-103. See Utah Code 78B-6-1602
• Law firm: means a person that employs a lawyer. See Utah Code 78B-6-2401
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lawyer: means an individual who is authorized to provide legal services in any state or territory of the United States. See Utah Code 78B-6-2401
• 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}
• Legatee: A beneficiary of a decedent
• Legislative firearm preemption: means the preemption provided for in Sections 53-5a-102 and 76-10-500. See Utah Code 78B-6-2301
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed counselor: means an individual who is licensed by the state, or another state, district, or territory of the United States as a:
       (19)(a) certified social worker;
       (19)(b) clinical social worker;
       (19)(c) psychologist;
       (19)(d) marriage and family therapist;
       (19)(e) clinical mental health counselor; or
       (19)(f) an equivalent licensed professional of another state, district, or territory of the United States. See Utah Code 78B-6-103
• Lien: A claim against real or personal property in satisfaction of a debt.
• Line-make: means motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer. See Utah Code 41-3-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local entity: means the political subdivision for which an emergency response provider provides emergency services. See Utah Code 78B-6-1602
• Local or state governmental entity: means :
       (4)(a) a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state, including the Utah Board of Higher Education, each institution of higher education, and the boards of trustees of each higher education institution; or
       (4)(b) a county, city, town, special district, local education agency, public school, school district, charter school, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 78B-6-2301
• Low-volume manufacturer: means a manufacturer who:
       (22)(a) in this state, sells, displays for sale, or offers for sale or exchange only new motor vehicles of the person's own line make that are:

            (22)(a)(i)

                 (22)(a)(i)(A) passenger vehicles with a gross vehicle weight rating of 14,000 pounds or less; or

                 (22)(a)(i)(B) trucks with a gross vehicle weight rating of 14,000 pounds or less; and

            (22)(a)(ii) manufactured by the person; and
       (22)(b) constructs no more than 325 new motor vehicles in any 12-month period. See Utah Code 41-3-102
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Man: means a male individual, regardless of age. See Utah Code 78B-6-103
• Manufacturer: means a person engaged in the business of constructing or assembling new motor vehicles, ownership of which is customarily transferred by a manufacturer's statement or certificate of origin, or a person who constructs three or more new motor vehicles in any 12-month period. See Utah Code 41-3-102
• Manufacturer: includes a registrant as that term is defined in Section 70-3a-103. See Utah Code 78B-6-2202
• Manufacturer: means a person that:
       (5)(a)

            (5)(a)(i) is engaged in the business of manufacturing a device;

            (5)(a)(ii) holds the patents for the device the person manufactures; or

            (5)(a)(iii) holds the patents for the operating system on a device; and
       (5)(b) has a commercial registered agent as that term is defined in Section 16-17-102. See Utah Code 78B-6-2601
• Material owner: means a person who possesses, directly or indirectly, the power to direct, or cause the direction of, the management, policies, or activities of another person:
       (25)(a) through ownership of voting securities;
       (25)(b) by contract or credit arrangement; or
       (25)(c) in another way not described in Subsections (25)(a) and (b). See Utah Code 41-3-102
• Mature adoptee: means an adoptee who is adopted when the adoptee is an adult. See Utah Code 78B-6-103
• Mediation: means a private forum in which one or more impartial persons facilitate communication between parties to a civil action to promote a mutually acceptable resolution or settlement. See Utah Code 78B-6-202
• Minor: means an individual under the age of 18 years old. See Utah Code 78B-6-1602
• Minor: means an individual less than 18 years of age. See Utah Code 78B-6-2101
• Minor: means an individual under the age of 18 who is not emancipated, married, or a member of the armed forces of the United States. See Utah Code 78B-6-2202
• Minor: means an individual under the age of 18 who is not emancipated, married, or a member of the armed forces of the United States. See Utah Code 78B-6-2601
• 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.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Motor vehicle: means a vehicle that is:
            (26)(a)(i) self-propelled;
            (26)(a)(ii) a trailer;
            (26)(a)(iii) a travel trailer;
            (26)(a)(iv) a semitrailer;
            (26)(a)(v) an off-highway vehicle; or
            (26)(a)(vi) a small trailer. See Utah Code 41-3-102
• Motorcycle: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
• New motor vehicle: means a motor vehicle that:
       (28)(a) has never been titled or registered; and
       (28)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 41-3-102
• Nonmalignant condition: means a condition that may be caused by asbestos other than a diagnosed cancer. See Utah Code 78B-6-2401
• Notice: means a notice of the pendency of an action filed under Section 78B-6-1303. See Utah Code 78B-6-1302
• 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.
• Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-3-102
• Office: means the Office of Vital Records and Statistics within the Department of Health and Human Services operating under Title 26B, Chapter 8, Part 1, Vital Statistics. See Utah Code 78B-6-103
• Operating system: means software that manages all of the other application

  programs on a device. See Utah Code 78B-6-2601

• Partition by sale: means a court-ordered sale of the entire heirs' property, whether by an auction, sealed bids, or an open-market sale conducted under Section 78B-6-1278. See Utah Code 78B-6-1270
• Partition in kind: means the division of heirs' property into physically distinct and separately titled parcels. See Utah Code 78B-6-1270
• 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.
• Password: means a string of characters or other secure method used to enable, deactivate, modify, or uninstall a filter on a device. See Utah Code 78B-6-2601
• Pathological evidence of asbestosis: means a statement by a board-certified physician in pathology that more than one representative section of lung tissue demonstrates a pattern of peribronchiolar or parenchymal scarring in the presence of characteristic asbestos bodies and there is no other more likely explanation for the presence of the fibrosis. See Utah Code 78B-6-2401
• Pawnbroker: means a person whose business is to lend money on security of personal property deposited with him. See Utah Code 41-3-102
• 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
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plaintiff: means :
       (22)(a) the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate; or
       (22)(b) a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual. See Utah Code 78B-6-2401
• 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.
• Plethysmography: means the test for determining lung volume in which the exposed individual is enclosed in a chamber equipped to measure pressure, flow, or volume change. See Utah Code 78B-6-2401
• Pornographic material: means material that:
       (2)(a) the average person, applying contemporary community standards, finds that, taken as a whole, appeals to prurient interest in sex;
       (2)(b) is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and
       (2)(c) taken as a whole does not have serious literary, artistic, political, or scientific value. See Utah Code 78B-6-2101
• Potential birth father: means a man who:
       (24)(a) is identified by a birth mother as a potential biological father of the birth mother's child, but whose genetic paternity has not been established; and
       (24)(b) was not married to the biological mother of the child described in Subsection (24)(a) at the time of the child's conception or birth. See Utah Code 78B-6-103
• Pre-existing parent: means :
       (25)(a) a birth parent; or
       (25)(b) an individual who, before an adoption decree is entered, is, due to an earlier adoption decree, legally the parent of the child being adopted. See Utah Code 78B-6-103
• 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.
• Predicted lower limit of normal: means the fifth percentile of healthy populations based on age, height, and gender as referenced in the AMA guides. See Utah Code 78B-6-2401
• Principal place of business: means a site or location in this state:
            (31)(a)(i) devoted exclusively to the business for which the dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses incidental to them;
            (31)(a)(ii) sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicate the boundary and to admit a definite description with space adequate to permit the display of three or more new, or new and used, or used motor vehicles and sufficient parking for the public; and
            (31)(a)(iii) that includes a permanent enclosed building or structure large enough to accommodate the office of the establishment and to provide a safe place to keep the books and other records of the business, at which the principal portion of the business is conducted and the books and records kept and maintained. See Utah Code 41-3-102
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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
• Prospective adoptive parent: means an individual who seeks to adopt an adoptee. See Utah Code 78B-6-103
• Pulmonary function testing: means spirometry, lung volume testing, and diffusion capacity testing, including appropriate measurements, quality control data, and graphs, that are performed in accordance with the methods of calibration and techniques provided in the AMA guides and the ATS testing standards in effect at the time of the performance of a test on an exposed individual. See Utah Code 78B-6-2401
• Qualified physician: means a licensed physician who:
       (26)(a) is a board-certified physician in internal medicine, a board-certified physician in occupational medicine, a board-certified physician in pathology, or a board-certified physician in pulmonary medicine, as is appropriate to the diagnostic specialty in question;
       (26)(b)

            (26)(b)(i) conducted a physical examination of the exposed individual and took a detailed occupational, exposure, medical, smoking, and social history from the exposed individual; or

            (26)(b)(ii) if the exposed individual is deceased, reviewed the pathology material and took a detailed history from the individual most knowledgeable about the information forming the basis of the asbestos action;
       (26)(c)

            (26)(c)(i) treated the exposed individual and had a physician-patient relationship with the exposed individual at the time of the physical examination; or

            (26)(c)(ii) if the licensed physician is a board-certified physician in pathology, examined tissue samples or pathological slides of the exposed individual;
       (26)(d) prepared or directly supervised the preparation and final review of a medical report under this part; and
       (26)(e) has not relied on any examinations, tests, radiographs, reports, or opinions of a doctor, clinic, laboratory, or testing company that performed an examination, test, radiograph, or screening of the exposed individual in violation of a law, regulation, licensing requirement, or medical ethics requirement of the state in which the examination, test, radiograph, or screening of the exposed individual was conducted. See Utah Code 78B-6-2401
• Radiological evidence of diffuse bilateral pleural thickening: means a quality 1 or 2 chest x-ray showing diffuse bilateral pleural thickening of at least b2 on the ILO system and blunting of at least one costophrenic angle as classified by a certified B reader. See Utah Code 78B-6-2401
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-6-1270
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
• Relative: means :
       (27)(a) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a child, or first cousin of a child's parent; and
       (27)(b) in the case of a child defined as an "Indian child" under the Indian Child Welfare Act, Utah Code 78B-6-103
• Relative: means an ascendant, a descendant, a collateral, or an individual otherwise related to another individual by blood, marriage, adoption, or a law of this state other than this part. See Utah Code 78B-6-1270
• 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.
• Remanufacturer: means a person who reconstructs used motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to change the body style and appearance of the motor vehicle or who constructs or assembles motor vehicles from used or new and used motor vehicle parts, or who reconstructs, constructs, or assembles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
• 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.
• response costs: means the actual costs directly associated with an emergency response provider responding to, remaining at, or otherwise dealing with an underage drinking gathering, including:
            (6)(a)(i) the costs of medical treatment to or for an emergency response provider injured because of an activity described in this Subsection (6)(a); and
            (6)(a)(ii) the cost of repairing damage to equipment or property of a local entity that is attributable to an activity described in this Subsection (6)(a). See Utah Code 78B-6-1602
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retailer: includes an employee of a retailer acting in the course and scope of the employee's employment. See Utah Code 78B-6-2601
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by any new motor vehicle dealer or used motor vehicle dealer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of motor vehicles. See Utah Code 41-3-102
• Semitrailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
• 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.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Showroom: means a site or location in the state that a direct-sale manufacturer uses for the direct-sale manufacturer's business, including the display and demonstration of new motor vehicles that are exclusively of the same line-make that the direct-sale manufacturer manufactures. See Utah Code 41-3-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Small trailer: means a trailer that has an unladen weight of:
       (36)(a) more than 750 pounds; and
       (36)(b) less than 2,000 pounds. See Utah Code 41-3-102
• Smart phone: means the same as that term is defined in Section Utah Code 78B-6-2202
• Smart phone: means the same as that term is defined in Section Utah Code 78B-6-2601
• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• Special equipment: includes a truck mounted crane, cherry picker, material lift, post hole digger, and a utility or service body. See Utah Code 41-3-102
• Special equipment dealer: means a new or new and used motor vehicle dealer engaged in the business of buying new incomplete motor vehicles with a gross vehicle weight of 12,000 or more pounds and installing special equipment on the incomplete motor vehicle. See Utah Code 41-3-102
• Special group license plate: means :
       (11)(a) a collegiate special group license plate;
       (11)(b) a private nonprofit special group license plate;
       (11)(c) a sponsored special group license plate;
       (11)(d) a state agency recognition special group license plate; or
       (11)(e) a state agency support special group license plate. See Utah Code 41-1a-1601
• Spirometry: means a test of air capacity of the lung through a spirometer that measures the volume of air inspired and expired. See Utah Code 78B-6-2401
• Sponsor: means the party or parties responsible for distribution of a demand letter. See Utah Code 78B-6-1902
• Sponsored special group license plate: means a license plate:
       (12)(a) designed for and associated with a sponsoring organization; and
       (12)(b) issued to an applicant in accordance with this part. See Utah Code 41-1a-1601
• Sponsoring organization: means an institution, a private nonprofit organization, or a state agency that is or seeks to be associated with a sponsored special group license plate created under this part. See Utah Code 41-1a-1601
• 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.
• 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.
• Supporting test results: means a report by a certified B reader, x-ray examinations, diagnostic imaging of the chest, pathology reports, pulmonary function testing, and other tests, which are reviewed by the diagnosing physician or qualified physician in reaching the physician's conclusions. See Utah Code 78B-6-2401
• Sworn declaration: means the same as that term is defined in Section 78B-18a-102. See Utah Code 78B-6-2401
• Tablet: means a mobile device that:
       (9)(a) is equipped with a mobile operating system, touchscreen display, and rechargeable battery; and
       (9)(b) has the ability to support access to a cellular network. See Utah Code 78B-6-2202
• Tablet: means a mobile device that:
       (12)(a) is equipped with a mobile operating system, touchscreen display, and rechargeable battery; and
       (12)(b) has the ability to support access to a cellular network. See Utah Code 78B-6-2601
• Target: means a person or entity residing in, incorporated in, or organized under the laws of this state that has received a demand letter and includes the customers, distributors, and agents of the person or entity. See Utah Code 78B-6-1902
• 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.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Tenant screening agency: means a person that, for a fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating information for the purpose of furnishing a tenant screening report. See Utah Code 78B-6-850
• Tenant screening report: means any written, oral, or other communication prepared by a tenant screening agency that includes information about an individual's rental history for the purpose of serving as a factor in establishing the individual's eligibility for housing. See Utah Code 78B-6-850
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Timed gas dilution: means a method for measuring total lung capacity in which the individual breaths into a spirometer containing a known concentration of an inert and insoluble gas for a specific time and the concentration of that inert and insoluble gas in the lung is compared to the concentration of that type of gas in the spirometer. See Utah Code 78B-6-2401
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total lung capacity: means the volume of gas contained in the lungs at the end of the maximal inspiration. See Utah Code 78B-6-2401
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
• Transporter: means a person engaged in the business of transporting motor vehicles as described in Section 41-3-202. See Utah Code 41-3-102
• Travel trailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust claims materials: means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including:
       (34)(a) claims forms and supplementary materials;
       (34)(b) affidavits;
       (34)(c) depositions and trial testimony;
       (34)(d) work history;
       (34)(e) medical and health records;
       (34)(f) documents reflecting the status of a claim against an asbestos trust; and
       (34)(g) all documents relating to the settlement of the trust claim if the trust claim has settled. See Utah Code 78B-6-2401
• Trust governance documents: means all documents that relate to eligibility and payment levels, including:
       (35)(a) claims payment matrices; and
       (35)(b) trust distribution procedures or plans for reorganization for an asbestos trust. See Utah Code 78B-6-2401
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Underage drinking gathering: means a gathering of two or more individuals:
       (7)(a) at which an individual knowingly serves, aids in the service of, or allows the service of an alcoholic beverage to an underage person; and
       (7)(b) to which an emergency response provider is required to respond, except for a response related solely to providing medical care at the location of the gathering. See Utah Code 78B-6-1602
• Underage person: means an individual under the age of 21 years old. See Utah Code 78B-6-1602
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unlawful detainer: means the same as that term is defined in Section 78B-6-801. See Utah Code 78B-6-850
• Unmarried biological father: means a man who:
       (28)(a) is the biological father of a child; and
       (28)(b) was not married to the biological mother of the child described in Subsection (28)(a) at the time of the child's conception or birth. See Utah Code 78B-6-103
• unreasonably dangerous: means that the product was dangerous to an extent beyond which would be contemplated by the ordinary and prudent buyer, consumer, or user of that product in that community considering the product's characteristics, propensities, risks, dangers, and uses together with any actual knowledge, training, or experience possessed by that particular buyer, user, or consumer. See Utah Code 78B-6-702
• Used motor vehicle: means a vehicle that:
       (42)(a) has been titled and registered to a purchaser other than a dealer; or
       (42)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 41-3-102
• 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:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Veterans benefits: means a program for benefits in connection with military service administered by the United States Department of Veterans Affairs under United States Code, Title 38, Veterans Benefits. See Utah Code 78B-6-2401
• Video game console: means a discrete computing system, including the system's components and peripherals, primarily used for playing video games, but does not include a smartphone or tablet. See Utah Code 78B-6-2601
• Wholesale motor vehicle auction: means a dealer primarily engaged in the business of auctioning consigned motor vehicles to dealers or dismantlers who are licensed by this or any other jurisdiction. See Utah Code 41-3-102
• Woman: means an adult human female. See Utah Code 68-3-12.5
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ: means an order or precept in writing, issued in the name of:
       (47)(a) the state;
       (47)(b) a court; or
       (47)(c) a judicial officer. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5