Terms Used In Utah Code > Title 13 > Chapter 12 - Gasoline Products Marketing Act

• Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Aggrieved person: means a person who was a party to any intercepted wire, electronic, or oral communication, or a person against whom the interception was directed. See Utah Code 77-23a-3
• Aircraft: is a s defined in Section 72-10-102. See Utah Code 38-13-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Apprehend: means taking an individual into custody by competent authority, with or without a warrant. See Utah Code 39A-5-102
• 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.
• Arrest: means restraining an individual by an order, not imposed as a punishment for an offense, directing the individual to remain within a specified area. See Utah Code 39A-5-102
• Aural transfer: means any transfer containing the human voice at any point between and including the point of origin and the point of reception. See Utah Code 77-23a-3
• 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}
• Billboard: means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. See Utah Code 10-9a-103
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
• Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
• 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.
• Communications common carrier: means any person engaged as a common carrier for hire in intrastate, interstate, or foreign communication by wire or radio, including a provider of electronic communication service. See Utah Code 77-23a-3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
• Contents: when used with respect to any wire, electronic, or oral communication includes any information concerning the substance, purport, or meaning of that communication. See Utah Code 77-23a-3
• Contract: A legal written agreement that becomes binding when signed.
• Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
• 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.
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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.
• Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 10-9a-103
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Electronic communication: means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:
       (5)(a) the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;
       (5)(b) any wire or oral communications;
       (5)(c) any communication made through a tone-only paging device; or
       (5)(d) any communication from an electronic or mechanical device that permits the tracking of the movement of a person or object. See Utah Code 77-23a-3
• Electronic communications service: means any service that provides for users the ability to send or receive wire or electronic communications. See Utah Code 77-23a-3
• Electronic communications system: means any wire, radio, electromagnetic, photoelectronic, or photo-optical facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of the communication. See Utah Code 77-23a-3
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Electronic storage: means :
       (9)(a) any temporary intermediate storage of a wire or electronic communication incident to the electronic transmission of it; and
       (9)(b) any storage of the communication by an electronic communications service for the purposes of backup protection of the communication. See Utah Code 77-23a-3
• 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}
• 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.
• 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.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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
• 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.
• Intercept: means the acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Utah Code 77-23a-3
• Intestate: Dying without leaving a will.
• Investigative or law enforcement officer: means any officer of the state or of a political subdivision, who by law may conduct investigations of or make arrests for offenses enumerated in this chapter, or any federal officer as defined in Section 53-13-106, and any attorney authorized by law to prosecute or participate in the prosecution of these offenses. See Utah Code 77-23a-3
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Judge of competent jurisdiction: means a judge of a district court of the state. See Utah Code 77-23a-3
• 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.
• Jurisprudence: The study of law and the structure of the legal system.
• 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
• Land use authority: means :
       (31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
       (31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
• Land use permit: means a permit issued by a land use authority. See Utah Code 10-9a-103
• Legal officer: means any commissioned officer of the National Guard designated to perform legal duties for a command. See Utah Code 39A-5-102
• Legislative body: means the municipal council. See Utah Code 10-9a-103
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
• Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
• Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• Municipality: means :
       (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
       (5)(b) a town, as classified in Section 10-2-301; or
       (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
• National Guard: means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. See Utah Code 39A-1-102
• National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
• 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.
• Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
• Oral communication: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception, under circumstances justifying that expectation, but does not include any electronic communication. See Utah Code 77-23a-3
• Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
• 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.
• Pen register: means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached. See Utah Code 77-23a-3
• Person: means any employee or agent of the state or a political subdivision, and any individual, partnership, association, joint stock company, trust, or corporation. See Utah Code 77-23a-3
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Rank: means the order of precedence among members of the armed forces. See Utah Code 39A-5-102
• Readily accessible to the general public: means , regarding a radio communication, that the communication is not:
       (16)(a) scrambled or encrypted;
       (16)(b) transmitted using modulation techniques with essential parameters that have been withheld from the public with the intention of preserving the privacy of the communication;
       (16)(c) carried on a subcarrier or signal subsidiary to a radio transmission;
       (16)(d) transmitted over a communications system provided by a common carrier, unless the communication is a tone-only paging system communication; or
       (16)(e) transmitted on frequencies allocated under Part 25, Subpart D, E, or F of Part 74, or Part 94, Rules of the Federal Communications Commission unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio. See Utah Code 77-23a-3
• remote computing service: means provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23b-1
• Repairman: means a person who makes, alters, repairs, or performs labor on an aircraft. See Utah Code 38-13-102
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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.
• SJA: means the commissioned judge advocate general's corps officer responsible for supervising the delivery of legal services in the National Guard. See Utah Code 39A-5-102
• State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
• 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.
• Subdivision: includes :
            (68)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
            (68)(b)(ii) except as provided in Subsection (68)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
• Subpoena: A command to a witness to appear and give testimony.
• Substantial evidence: means evidence that:
       (70)(a) is beyond a scintilla; and
       (70)(b) a reasonable mind would accept as adequate to support a conclusion. See Utah Code 10-9a-103
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trap and trace device: means a device, process, or procedure that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication is transmitted. See Utah Code 77-23a-3
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unit: means any regularly organized command of the National Guard. See Utah Code 39A-5-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• User: means any person or entity who:
       (18)(a) uses an electronic communications service; and
       (18)(b) is authorized by the provider of the service to engage in the use. See Utah Code 77-23a-3
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• 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
• Venue: The geographical location in which a case is tried.
• Wire communication: includes the electronic storage of the communication, but does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit. See Utah Code 77-23a-3
• 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