Terms Used In Utah Code > Title 41 > Chapter 1a > Part 13 - Offenses and Penalties

• Account holder: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• action: as used in this chapter includes counterclaims and cross-complaints and all other civil actions in which affirmative relief is sought. See Utah Code 78B-2-101
• Action: means a lawsuit or case that is commenced in a court. See Utah Code 78B-3a-101
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adverse event: means an injury or suspected injury that is associated with a health care process rather than an underlying condition of a patient or a disease. See Utah Code 78B-3-450
• Adverse mental health outcome: includes depression, anxiety, suicidal thoughts or behaviors, and self-harm thoughts or behaviors. See Utah Code 78B-3-1101
• Affected party: means :
       (2)(a) a patient; and
       (2)(b) any representative of a patient. See Utah Code 78B-3-450
• 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.
• Algorithmically curated social media service: means a social media service that drives user engagement primarily through the use of:
       (3)(a) a curation algorithm; and
       (3)(b) engagement driven design elements. See Utah Code 78B-3-1101
• Allegation: something that someone says happened.
• 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.
• Appointing authority: means the presiding officer or similar official of any court, board, commission, authority, department, agency, legislative body, or of any proceeding of any nature where a qualified interpreter is required under this part. See Utah Code 78B-1-201
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• 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.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Audiologist: means a person licensed to practice audiology under Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act. See Utah Code 78B-3-403
• Business organization: means :
       (2)(a) an association;
       (2)(b) a corporation;
       (2)(c) an institution, as that term is defined in Section 7-1-103;
       (2)(d) a joint stock company;
       (2)(e) a joint venture;
       (2)(f) a limited liability company;
       (2)(g) a mutual fund trust;
       (2)(h) a partnership; or
       (2)(i) any other similar form of organization described in Subsections (2)(a) through (h). See Utah Code 78B-3a-101
• Camper: means a structure designed, used, and maintained primarily to be mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for camping. See Utah Code 41-1a-102
• Cause of action: means the act or omission giving rise to the action. See Utah Code 78B-3a-101
• Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• Certified social worker: means a person licensed to practice as a certified social worker under Section 58-60-205. See Utah Code 78B-3-403
• Chiropractic physician: means a person licensed to practice chiropractic under Title 58, Chapter 73, Chiropractic Physician Practice Act. See Utah Code 78B-3-403
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• clerk of the court: means the person so designated by title and includes any deputy clerk. See Utah Code 78B-1-102
• Clinical social worker: means a person licensed to practice as a clinical social worker under Section 58-60-205. See Utah Code 78B-3-403
• Commercial entity: includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities. See Utah Code 78B-3-1001
• Commission: means the State Tax Commission. See Utah Code 41-1a-102
• Commission: means the Judicial Performance Evaluation Commission established by this chapter. See Utah Code 78A-12-102
• Commissioner: means the commissioner of insurance as provided in Section 31A-2-102. See Utah Code 78B-3-403
• Communication: means any written or oral communication created for or during a medical candor process. See Utah Code 78B-3-450
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Content: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• 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.
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Court: means trial court. See Utah Code 78B-1-102
• Curation algorithm: means a computational process or set of rules used by a social media platform that determines, influences, or personalizes, designed to encourage prolonged or frequent engagement:
            (5)(a)(i) the content a user views;
            (5)(a)(ii) the order in which content is displayed;
            (5)(a)(iii) how prominently content is displayed; or
            (5)(a)(iv) the manner in which content is displayed. See Utah Code 78B-3-1101
• Damage or injury: includes physical, nonphysical, economic, and noneconomic damage. See Utah Code 78B-4-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• deaf or hard of hearing parent: means a deaf or hard of hearing person who, because of sensory or environmental conditions, requires the assistance of a qualified interpreter or other special assistance for communicative purposes. See Utah Code 78B-1-201
• Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-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.
• Dental care provider: means any person, partnership, association, corporation, or other facility or institution who causes to be rendered or who renders dental care or professional services as a dentist, dental hygienist, or other person rendering similar care and services relating to or arising out of the practice of dentistry or the practice of dental hygiene, and the officers, employees, or agents of any of the above acting in the course and scope of their employment. See Utah Code 78B-3-403
• Dental hygienist: means a person licensed to engage in the practice of dental hygiene as defined in Section 58-69-102. See Utah Code 78B-3-403
• Dentist: means a person licensed to engage in the practice of dentistry as defined in Section 58-69-102. See Utah Code 78B-3-403
• Dependent: A person dependent for support upon another.
• Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5
• 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.
• 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:
• Distribute: means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means. See Utah Code 78B-3-1001
• Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 78B-3-403
• Does not meet or exceed minimum performance standards: means that:
       (2)(a)

            (2)(a)(i) a judge does not meet the certification standards under Section 78A-12-205; and

            (2)(a)(ii) the presumption, described in Subsection 78A-12-203(4)(b)(ii), that the judge does not meet or exceed minimum performance standards is not overcome by substantial countervailing evidence; or
       (2)(b) a judge meets the certification standards under Section 78A-12-205, but the presumption, described in Subsection 78A-12-203(4)(b)(i), that the judge meets or exceeds minimum performance standards is overcome by substantial countervailing evidence. See Utah Code 78A-12-102
• Engagement driven design elements: means :
       (6)(a) autoplay features that continuously play content without requiring user interaction;
       (6)(b) scroll or pagination that loads additional content as long as the user continues scrolling; or
       (6)(c) push notifications. See Utah Code 78B-3-1101
• 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.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Excessive use: means the use of a social media service by a minor to an extent that the use substantially interferes with the minor's normal functioning in:
       (7)(a) academic performance;
       (7)(b) sleep;
       (7)(c) in-person relationships;
       (7)(d) mental health; or
       (7)(e) physical health. See Utah Code 78B-3-1101
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Financially secure source of recovery: means that, at the time of the incident, a nonprofit organization:
       (2)(a) has an insurance policy in effect that covers the activities of the volunteer and has an insurance limit of not less than the limits established under the Governmental Immunity Act of Utah in Section 63G-7-604; or
       (2)(b) has established a qualified trust with a value not less than the combined limits for property damage and single occurrence liability established under the Governmental Immunity Act of Utah in Section 63G-7-604. See Utah Code 78B-4-101
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Future damages: includes a judgment creditor's damages for future medical treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and suffering. See Utah Code 78B-3-403
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Gross laden weight: means the actual weight of a vehicle or combination of vehicles, equipped for operation, to which shall be added the maximum load to be carried. See Utah Code 41-1a-102
• 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
• Harm: means :
       (1)(a) personal injury, death, or illness, except an injury, death, or illness that is a basis for a claim under either a state or federal workmen's compensation act by an employee of a person liable pursuant to Section 78B-3-603;
       (1)(b) damage to, destruction of, or loss of the use of property other than property at the situs of and used in connection with the activity giving rise to a nuclear incident;
       (1)(c) economic loss due to:

            (1)(c)(i) damage to or loss of the use of property; or

            (1)(c)(ii) environmental degradation; or
       (1)(d) expenses reasonably incurred by the state, its political subdivisions, or the agencies of either in protecting the public health and safety and the environment from a nuclear incident or the imminent danger of a nuclear incident, including, but not limited to, precautionary evacuations, emergency response measures, and, after reasonable opportunity for performance of cleanup measures by persons liable pursuant to Section 78B-3-603, decontamination or other clean-up measures. See Utah Code 78B-3-602
• Health care: means any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement. See Utah Code 78B-3-403
• Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, health care facilities owned or operated by health maintenance organizations, and end stage renal disease facilities. See Utah Code 78B-3-403
• Health care provider: includes any person, partnership, association, corporation, or other facility or institution who causes to be rendered or who renders health care or professional services as a hospital, health care facility, physician, physician assistant, registered nurse, licensed practical nurse, nurse-midwife, licensed direct-entry midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, physical therapist assistant, podiatric physician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist, speech-language pathologist, clinical social worker, certified social worker, social service worker, marriage and family counselor, practitioner of obstetrics, licensed athletic trainer, or others rendering similar care and services relating to or arising out of the health needs of persons or groups of persons and officers, employees, or agents of any of the above acting in the course and scope of their employment. See Utah Code 78B-3-403
• 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
• Hospital: means a public or private institution licensed under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 78B-3-403
• Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-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}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Internet: means the international computer network of both federal and non-federal interoperable packet switched data networks. See Utah Code 78B-3-1001
• Intestate: Dying without leaving a will.
• judge: means a state court judge or a state court justice who is subject to a retention election. See Utah Code 78A-12-102
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• 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.
• Jury: means a body of persons temporarily selected from the citizens of a particular county invested with the power to present and indict a person for a public offense or to try a question of fact. See Utah Code 78B-1-102
• Justice: means a judge who is a member of the Supreme Court. See Utah Code 78A-12-102
• Justice court judge: means a judge appointed pursuant to Title 78A, Chapter 7, Justice Court. See Utah Code 78A-12-102
• 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
• 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.
• 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}
• Licensed athletic trainer: means a person licensed under Title 58, Chapter 40a, Athletic Trainer Licensing Act. See Utah Code 78B-3-403
• Licensed direct-entry midwife: means a person licensed under the Direct-entry Midwife Act to engage in the practice of direct-entry midwifery as defined in Section 58-77-102. See Utah Code 78B-3-403
• Licensed practical nurse: means a person licensed to practice as a licensed practical nurse as provided in Section 58-31b-301. See Utah Code 78B-3-403
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lienholder: means a person with a security interest in particular property. See Utah Code 41-1a-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Malpractice action against a health care provider: means any action against a health care provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise, based upon alleged personal injuries relating to or arising out of health care rendered or which should have been rendered by the health care provider. See Utah Code 78B-3-403
• Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 41-1a-102
• Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
• Master jury list: means the source lists as prescribed by the Judicial Council under Section 78B-1-106. See Utah Code 78B-1-102
• Medical candor process: means the process described in Section 78B-3-451. See Utah Code 78B-3-450
• Meets or exceeds minimum performance standards: means that:
       (6)(a)

            (6)(a)(i) a judge meets the certification standards under Section 78A-12-205; and

            (6)(a)(ii) the presumption that the judge meets or exceeds minimum performance standards, described in Subsection 78A-12-203(4)(b)(i), is not overcome by substantial countervailing evidence; or
       (6)(b) a judge does not meet the certification standards under Section 78A-12-205, but the presumption described in Subsection 78A-12-203(4)(b)(ii), that the judge does not meet or exceed minimum performance standards, is overcome by substantial countervailing evidence. See Utah Code 78A-12-102
• Minor: means any person under 18 years old. See Utah Code 78B-3-1001
• Minor: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• Mobile home: means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). See Utah Code 41-1a-102
• 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 self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
• Naturopathic physician: means a person licensed to engage in the practice of naturopathic medicine as defined in Section 58-71-102. See Utah Code 78B-3-403
• necessary services: include provisions of qualified interpreters, lip reading, pen and paper, typewriters, closed-circuit television with closed-caption translations, computers with print-out capability, and telecommunications devices for the deaf or similar devices. See Utah Code 78B-1-201
• News-gathering organization: means any of the following:
       (7)(a) an employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subsection, who can provide documentation of such employment with the newspaper, news publication, or news source; or
       (7)(b) an employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subsection, who can provide documentation of such employment. See Utah Code 78B-3-1001
• Nonprofit organization: means any organization, other than a public entity, described in Section 501 (c) of the Internal Revenue Code of 1986 and exempt from tax under Section 501 (a) of that code. See Utah Code 78B-4-101
• Nuclear incident: means an incident which does not arise from an act of war and involves the release of nuclear material which results in personal injury, loss of use of property, or damage due to the radioactive, toxic, explosive, or other hazardous properties of the nuclear material. See Utah Code 78B-3-602
• Nuclear material: means radioactive material used or handled in connection with:
       (3)(a) a utilization facility or production facility licensed by the United States Nuclear Regulatory Commission in accordance with 42 U. See Utah Code 78B-3-602
• Nurse-midwife: means a person licensed to engage in practice as a nurse midwife under Section 58-44a-301. See Utah Code 78B-3-403
• 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.
• Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102
• Operate: includes testing of an automated driving system. See Utah Code 41-1a-102
• Optometrist: means a person licensed to practice optometry under Title 58, Chapter 16a, Utah Optometry Practice Act. See Utah Code 78B-3-403
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Osteopathic physician: means a person licensed to practice osteopathy under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 78B-3-403
• Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
• Parent: includes a legal guardian. See Utah Code 78B-3-1101
• 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.
• Patient: means a person who is under the care of a health care provider, under a contract, express or implied. See Utah Code 78B-3-403
• Periodic payments: means the payment of money or delivery of other property to a judgment creditor at intervals ordered by the court. See Utah Code 78B-3-403
• 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
• Pharmacist: means a person licensed to practice pharmacy as provided in Section 58-17b-301. See Utah Code 78B-3-403
• Physical therapist: means a person licensed to practice physical therapy under Title 58, Chapter 24b, Physical Therapy Practice Act. See Utah Code 78B-3-403
• Physical therapist assistant: means a person licensed to practice physical therapy, within the scope of a physical therapist assistant license, under Title 58, Chapter 24b, Physical Therapy Practice Act. See Utah Code 78B-3-403
• Physician: means a person licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act. See Utah Code 78B-3-403
• Physician assistant: means a person licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 78B-3-403
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Podiatric physician: means a person licensed to practice podiatry under Title 58, Chapter 5a, Podiatric Physician Licensing Act. See Utah Code 78B-3-403
• 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}
• Practitioner of obstetrics: means a person licensed to practice as a physician in this state under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 78B-3-403
• 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.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal place of business: means the place where the business organization's officers direct, control, and coordinate the business organization's activities regardless of whether the place is located in this state. See Utah Code 78B-3a-101
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probate: Proving a will
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prospective jury list: means the list of prospective jurors whose names are drawn at random from the master jury list and are determined to be qualified to serve as jurors. See Utah Code 78B-1-102
• Psychologist: means a person licensed under Title 58, Chapter 61, Psychologist Licensing Act, to engage in the practice of psychology as defined in Section 58-61-102. See Utah Code 78B-3-403
• Public necessity: means circumstances in which services performed by the prospective juror to members of the public in either a public or a private capacity cannot adequately be performed by others. See Utah Code 78B-1-102
• Qualified interpreter: means a sign language or oral interpreter as provided in Sections 78B-1-203 and 78B-1-206 of this part. See Utah Code 78B-1-201
• Qualified trust: means a trust held for the purpose of compensating claims for damages or injury in a trust company licensed to do business in this state under the provisions of Title 7, Chapter 5, Trust Business. See Utah Code 78B-4-101
• Quorum: The number of legislators that must be present to do business.
• Radioactive material: means :
       (4)(a) source material as defined in Utah Code 78B-3-602
• 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
• Reasonable age verification methods: means verifying that the person seeking to access the material is 18 years old or older by using any of the following methods:
       (9)(a) use of a digitized information card as defined in this section;
       (9)(b) verification through an independent, third-party age verification service that compares the personal information entered by the individual who is seeking access to the material that is available from a commercially available database, or aggregate of databases, that is regularly used by government agencies and businesses for the purpose of age and identity verification; or
       (9)(c) any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material. See Utah Code 78B-3-1001
• Registered nurse: means a person licensed to practice professional nursing as provided in Section 58-31b-301. See Utah Code 78B-3-403
• Registered office: means the place within this state that the business organization designated as the business organization's registered office in the most recent document on file with the Division of Corporations and Commercial Code. See Utah Code 78B-3a-101
• 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
• Registration decal: means the decal issued by the division that is evidence of compliance with the division's registration requirements. See Utah Code 41-1a-102
• Reimbursements: means , with respect to each nonprofit organization:
       (6)(a) compensation or honoraria totaling less than $300 per calendar year; and
       (6)(b) payment of expenses actually incurred. See Utah Code 78B-4-101
• 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.
• Representative: means the spouse, parent, guardian, trustee, attorney-in-fact, person designated to make decisions on behalf of a patient under a medical power of attorney, or other legal agent of the patient. See Utah Code 78B-3-403
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• Search and rescue dog: means a dog:
       (2)(a) with documented training to locate persons who are:

            (2)(a)(i) lost, missing, or injured; or

            (2)(a)(ii) trapped under debris as the result of a natural or man-made event; and
       (2)(b) affiliated with an established search and rescue dog organization. See Utah Code 78B-3-701
• Security interest: means an interest that is reserved or created by a security agreement to secure the payment or performance of an obligation and that is valid against third parties. See Utah Code 41-1a-102
• Semitrailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle. See Utah Code 41-1a-102
• Service animal: means :
       (3)(a) a service animal, as defined in Section 26B-6-801; or
       (3)(b) a search and rescue dog. See Utah Code 78B-3-701
• 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
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Social media company: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• Social media service: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• Social service worker: means a person licensed to practice as a social service worker under Section 58-60-205. See Utah Code 78B-3-403
• Special group license plate: means a type of license plate designed for a particular group of people or a license plate authorized and issued by the division in accordance with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates. See Utah Code 41-1a-102
• Speech-language pathologist: means a person licensed to practice speech-language pathology under Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act. See Utah Code 78B-3-403
• State: means the same as that term is defined in Section 63G-7-102. See Utah Code 78B-3-450
• 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.
• Substantial portion: means more than 33-1/3% of total material on a website, which meets the definition of "material harmful to minors" as defined in this section. See Utah Code 78B-3-1001
• Summons: Another word for subpoena used by the criminal justice system.
• Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
• Swear: includes "affirm. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• therapist: means :
  (1) a psychiatrist licensed to practice medicine under Section 58-67-301, Utah Medical Practice Act or under Section 58-68-301, Utah Osteopathic Medical Practice Act;
  (2) a psychologist licensed to practice psychology under Section 58-61-301;
  (3) a marriage and family therapist licensed to practice marriage and family therapy under Section 58-60-304;
  (4) a social worker licensed to practice social work under Section 58-60-204;
  (5) a psychiatric and mental health nurse specialist licensed to practice advanced psychiatric nursing under Title 58, Chapter 31b, Nurse Practice Act; and
  (6) a clinical mental health counselor licensed to practice professional counseling under Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act. See Utah Code 78B-3-501
• Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• 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.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-1a-102
• Transactional data: includes records from mortgage, education, and employment entities. See Utah Code 78B-3-1001
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transferee: means a person to whom the ownership of property is conveyed by sale, gift, or any other means except by the creation of a security interest. See Utah Code 41-1a-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.
• Trial jury: means a body of persons selected from the citizens of a particular county before a court or officer of competent jurisdiction and sworn to try and determine by verdict a question of fact. See Utah Code 78B-1-102
• Trustee: A person or institution holding and administering property in trust.
• Unanticipated outcome: means the outcome of a medical treatment or procedure that differs from an expected result. See Utah Code 78B-3-403
• Undue hardship: means circumstances in which the prospective juror would:
       (8)(a) be required to abandon a person under his or her personal care or incur the cost of substitute care which is unreasonable under the circumstances;
       (8)(b) suffer extreme physical hardship due to an illness, injury, or disability; or
       (8)(c) incur substantial costs or lost opportunities due to missing an event that was scheduled prior to the initial notice of potential jury service. See Utah Code 78B-1-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• User: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• 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
• Utah minor account holder: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• 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.
• Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-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
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
• Volunteer: includes a volunteer serving as a director, officer, trustee, or direct service volunteer. See Utah Code 78B-4-101
• Weighmaster: means a person, association of persons, or corporation permitted to weigh vehicles under this chapter. See Utah Code 41-1a-102
• 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