Terms Used In Utah Code > Title 13 > Chapter 24 - Uniform Trade Secrets Act

• Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of a municipal electric utility to customers in this state in a calendar year, reduced by:
       (1)(a) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation;
       (1)(b) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a clean energy source or that otherwise has not been used to satisfy Subsection 10-19-201(1):

            (1)(b)(i) wind energy;

            (1)(b)(ii) solar photovoltaic and solar thermal energy;

            (1)(b)(iii) wave, tidal, and ocean thermal energy;

            (1)(b)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

                 (1)(b)(iv)(A) organic waste;

                 (1)(b)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

                 (1)(b)(iv)(C) agricultural residues;

                 (1)(b)(iv)(D) dedicated energy crops; and

                 (1)(b)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

            (1)(b)(v) geothermal energy;

            (1)(b)(vi) hydro-electric energy; or

            (1)(b)(vii) waste gas and waste heat capture or recovery; and
       (1)(c) the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from activities or programs promoting electric energy efficiency or conservation or more efficient management of electric energy load. See Utah Code 10-19-102
• Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
• 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.
• Attorney guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
• Authorized emergency vehicle: includes :
       (3)(a) a fire department vehicle;
       (3)(b) a police vehicle;
       (3)(c) an ambulance; and
       (3)(d) other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
• Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is:
       (3)(a) not used in a calendar year to comply with this part or with a renewable energy program in another state; and
       (3)(b) carried forward into a subsequent year. See Utah Code 10-19-102
• Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
• Bus: means a motor vehicle:
            (6)(a)(i) designed for carrying more than 15 passengers and used for the transportation of persons; or
            (6)(a)(ii) designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102
• Cable television service: means :
       (1)(a) the one-way transmission to subscribers of:

            (1)(a)(i) video programming; or

            (1)(a)(ii) other programming service; and
       (1)(b) subscriber interaction, if any, that is required for the selection or use of:

            (1)(b)(i) the video programming; or

            (1)(b)(ii) other programming service. See Utah Code 10-18-102
• Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
• Child restraint device: means a child restraint device that meets standards adopted under Section 41-6a-1601. See Utah Code 41-6a-1802
• Clean energy source: means :
       (5)(a) an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995, that derives energy from one or more of the following:

            (5)(a)(i) wind energy;

            (5)(a)(ii) solar photovoltaic and solar thermal energy;

            (5)(a)(iii) wave, tidal, and ocean thermal energy;

            (5)(a)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

                 (5)(a)(iv)(A) organic waste;

                 (5)(a)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

                 (5)(a)(iv)(C) agricultural residues;

                 (5)(a)(iv)(D) dedicated energy crops; and

                 (5)(a)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

            (5)(a)(v) geothermal energy located outside the state;

            (5)(a)(vi) waste gas and waste heat capture or recovery, including methane gas from:

                 (5)(a)(vi)(A) an abandoned coal mine; or

                 (5)(a)(vi)(B) a coal degassing operation associated with a state-approved mine permit;

            (5)(a)(vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995;

            (5)(a)(viii) a compressed air energy storage process, if:

                 (5)(a)(viii)(A) the process used to compress the air is a renewable energy source and the associated renewable energy certificates are retired for the purpose of the compressed air energy storage process; or

                 (5)(a)(viii)(B) equivalent renewable energy certificates are obtained and retired for the purpose of the compressed air energy storage process;

            (5)(a)(ix) municipal solid waste;

            (5)(a)(x) nuclear fuel; or

            (5)(a)(xi) carbon capture utilization and sequestration;
       (5)(b) any of the following:

            (5)(b)(i) up to 50 average megawatts of electricity per year per municipal electric utility from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization;

            (5)(b)(ii) geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; and

            (5)(b)(iii) hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational;
       (5)(c) hydrogen gas derived from any source of energy described in Subsection (5)(a) or (b);
       (5)(d) if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (5)(a) through (c); and
       (5)(e) any of the following located in the state and owned by a user of energy:

            (5)(e)(i) a demand side management measure, as defined by Subsection Utah Code 10-19-102
• Commission: means the Public Service Commission. See Utah Code 10-19-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• 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
• Crosswalk: means :
       (13)(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:

            (13)(a)(i)

                 (13)(a)(i)(A) the curbs; or

                 (13)(a)(i)(B) in the absence of curbs, from the edges of the traversable roadway; and

            (13)(a)(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or
       (13)(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Public Safety. See Utah Code 41-6a-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Divided highway: means a highway divided into two or more roadways by:
       (16)(a) an unpaved intervening space;
       (16)(b) a physical barrier; or
       (16)(c) a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102
• emancipated: means a legal status created by court order that allows a minor to:
       (1)(a) live independent of the minor's parents or guardian; and
       (1)(b) exercise the same rights as an adult under Subsection 80-7-105(1). See Utah Code 80-7-102
• 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.
• Explosives: means a chemical compound or mechanical mixture commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in proportions, quantities, or packing so that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of causing death or serious bodily injury. See Utah Code 41-6a-102
• Flammable liquid: means a liquid that has a flashpoint of 100 degrees F. See Utah Code 41-6a-102
• Gross weight: means the weight of a vehicle without a load plus the weight of any load on the vehicle. See Utah Code 41-6a-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: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
       (35)(a) marriage;
       (35)(b) enlistment in the armed forces;
       (35)(c) major medical, surgical, or psychiatric treatment; or
       (35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102
• Harm: means :
       (37)(a) physical or developmental injury or damage;
       (37)(b) emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning;
       (37)(c) sexual abuse; or
       (37)(d) sexual exploitation. See Utah Code 80-1-102
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
• Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
• Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Utah Code 13-24-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
• 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.
• 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 agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Metal tire: means a tire, the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material. See Utah Code 41-6a-102
• Minor: means an individual who is 16 years old or older. See Utah Code 80-7-102
• Misappropriation: means :
       (2)(a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
       (2)(b) disclosure or use of a trade secret of another without express or implied consent by a person who:

            (2)(b)(i) used improper means to acquire knowledge of the trade secret; or

            (2)(b)(ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

                 (2)(b)(ii)(A) derived from or through a person who had utilized improper means to acquire it;

                 (2)(b)(ii)(B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

                 (2)(b)(ii)(C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

            (2)(b)(iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Utah Code 13-24-2
• Motor assisted scooter: means a self-propelled device with:
            (42)(a)(i) at least two wheels in contact with the ground;
            (42)(a)(ii) a braking system capable of stopping the unit under typical operating conditions;
            (42)(a)(iii) an electric motor not exceeding 2,000 watts;
            (42)(a)(iv) either:

                 (42)(a)(iv)(A) handlebars and a deck design for a person to stand while operating the device; or

                 (42)(a)(iv)(B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;
            (42)(a)(v) a design for the ability to be propelled by human power alone; and
            (42)(a)(vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102
• Motor vehicle: means a vehicle defined in Section 41-1a-102, except vehicles that are not equipped with safety belts by the manufacturer. See Utah Code 41-6a-1802
• Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
• Motorcycle: means :
       (44)(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or
       (44)(b) an autocycle. See Utah Code 41-6a-102
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• Municipal electric utility: means any municipality that owns, operates, controls, or manages a facility that provides electric power for a retail customer, whether domestic, commercial, industrial, or otherwise. See Utah Code 10-19-102
• 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
• Natural parent: includes the minor's noncustodial parent. See Utah Code 80-1-102
• Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
• Operator: means :
       (49)(a) a human driver, as defined in Section Utah Code 41-6a-102
• Parent: means a natural parent as defined in Section 80-1-102. See Utah Code 80-7-102
• parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102
• 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.
• Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
• Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Utah Code 13-24-2
• Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
• Pole trailer: means a vehicle without motive power:
       (56)(a) designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
       (56)(b) that is ordinarily used for transporting long or irregular shaped loads including poles, pipes, or structural members generally capable of sustaining themselves as beams between the supporting connections. See Utah Code 41-6a-102
• Private provider: means a person that:
       (8)(a) provides:

            (8)(a)(i) cable television services; or

            (8)(a)(ii) public telecommunications services; and
       (8)(b) is a private entity. See Utah Code 10-18-102
• 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
• Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 10-18-102
• Qualifying carbon sequestration generation: means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that:
       (8)(a) becomes operational or is retrofitted on or after January 1, 2008; and
       (8)(b) reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through other verifiably permanent reductions in carbon dioxide emissions through the use of technology. See Utah Code 10-19-102
• Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if:
       (9)(a)

            (9)(a)(i) the clean energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or

            (9)(a)(ii) the qualifying electricity is delivered to the transmission system of a municipal electric utility or a delivery point designated by the municipal electric utility for the purpose of subsequent delivery to the municipal electric utility; and
       (9)(b) the clean energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 10-19-102
• Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102
• Renewable energy certificate: means a certificate issued in accordance with the requirements of Sections 10-19-202 and 54-17-603. See Utah Code 10-19-102
• Restored-modified vehicle: means the same as the term defined in Section 41-1a-102. See Utah Code 41-6a-102
• 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
• Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
• Safety belt: means a safety belt or seat belt system that meets standards adopted under Section 41-6a-1601. See Utah Code 41-6a-1802
• Seating position: means any area within the passenger compartment of a motor vehicle in which the manufacturer has installed a safety belt. See Utah Code 41-6a-1802
• Semitrailer: means a vehicle with or without motive power:
            (67)(a)(i) designed for carrying persons or property and for being drawn by a motor vehicle; and
            (67)(a)(ii) constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Utah Code 41-6a-102
• 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.
• Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102
• Solid rubber tire: means a tire of rubber or other resilient material that does not depend on compressed air for the support of the load. See Utah Code 41-6a-102
• 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
• Street-legal novel vehicle: means a vehicle registered as a novel vehicle under Section 41-27-201 that is modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with with Section 41-6a-1509. See Utah Code 41-6a-102 v3
• 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.
• Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
       (4)(a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
       (4)(b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Utah Code 13-24-2
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
• Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102
• Traffic-control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Utah Code 41-6a-102
• Trailer: means a vehicle with or 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 41-6a-102
• Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102
• Truck tractor: means a motor vehicle:
       (84)(a) designed and used primarily for drawing other vehicles; and
       (84)(b) constructed to carry a part of the weight of the vehicle and load drawn by the truck tractor. See Utah Code 41-6a-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Urban district: means the territory contiguous to and including any street, in which structures devoted to business, industry, or dwelling houses are situated at intervals of less than 100 feet, for a distance of a quarter of a mile or more. See Utah Code 41-6a-102
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-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