Terms Used In Utah Code > Title 16 > Chapter 10a > Part 3 - Purposes and Powers

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• 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
• Articles of incorporation: include :
       (4)(a) amended and restated articles of incorporation;
       (4)(b) articles of merger; and
       (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Big game: means species of hoofed protected wildlife. See Utah Code 23A-1-101
• Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
• Carcass: means the dead body of an animal or the animal's parts. See Utah Code 23A-1-101
• Commission: means the Public Service Commission. See Utah Code 54-2-1
• 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.
• Corporate name: means :
       (10)(a) the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or
       (10)(b) the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-102
• Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
• 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.
• Cultivated crops: means :
       (2)(a) annual or perennial crops harvested from or on cleared and planted land;
       (2)(b) perennial orchard trees on cleared and planted land;
       (2)(c) crop residues that have forage value for livestock; and
       (2)(d) pastures. See Utah Code 23A-8-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
• Department: means the Department of Natural Resources. See Utah Code 23A-1-101
• Depredation: means an act causing damage or death. See Utah Code 23A-8-101
• Depredation mitigation plan: means the plan described in Subsection 23A-8-402(2). See Utah Code 23A-8-101
• Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102
• Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• Entity: includes :
       (19)(a) a domestic and foreign corporation;
       (19)(b) a nonprofit corporation;
       (19)(c) a limited liability company;
       (19)(d) a profit or nonprofit unincorporated association;
       (19)(e) a business trust;
       (19)(f) an estate;
       (19)(g) a partnership;
       (19)(h) a trust;
       (19)(i) two or more persons having a joint or common economic interest;
       (19)(j) a state;
       (19)(k) the United States; and
       (19)(l) a foreign government. See Utah Code 16-10a-102
• 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.
• Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23A-1-101
• Growing season: means the portion of a year in which local conditions permit normal plant growth. See Utah Code 23A-8-101
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• Individual: means :
       (22)(a) a natural person;
       (22)(b) the estate of an incompetent individual; or
       (22)(c) the estate of a deceased individual. See Utah Code 16-10a-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
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Livestock: means cattle, sheep, horses, goats, or turkeys. See Utah Code 23A-8-101
• Management unit: means a prescribed area of contiguous land designated by the division for the purpose of managing a species of big game animal. See Utah Code 23A-8-101
• Mitigation review panel: means the panel created under Section 23A-8-404. See Utah Code 23A-8-101
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
• Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
• 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: 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
• Personal property: All property that is not real property.
• Possession: means actual or constructive possession. See Utah Code 23A-1-101
• predator: means a mountain lion or bear. See Utah Code 23A-8-101
• Proceeding: includes :
       (26)(a) a civil suit;
       (26)(b) arbitration or mediation; and
       (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
• Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
       (28)(a) the corporation at its:

            (28)(a)(i) registered office in this state; or

            (28)(a)(ii) principal office;
       (28)(b) the secretary of the corporation, wherever the secretary is found; or
       (28)(c) another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23A-1-101
• 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
• Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102
• Shareholder: means :
            (34)(a)(i) the person in whose name a share is registered in the records of a corporation; or
            (34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-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
• Statute: A law passed by a legislature.
• Take: means to:
       (54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or
       (54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101
• Threatened: means wildlife designated as threatened pursuant to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• turkey: means a wild, free-ranging turkey and does not include a privately owned or domestic turkey. See Utah Code 23A-8-101
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
• Wildlife specialist: means a United States Department of Agriculture, Wildlife Services specialist. See Utah Code 23A-8-101
• Wolf: means the gray wolf Canis lupus. See Utah Code 23A-8-101
• 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