Terms Used In Utah Code > Title 17 > Chapter 22 - Sheriff

• Accredited postsecondary school: means a postsecondary school that is accredited by an accrediting agency. See Utah Code 13-34-101
• Accrediting agency: means a private educational association that:
       (2)(a) is recognized by the United States Department of Education;
       (2)(b) develops education criteria; and
       (2)(c) conducts evaluations to assess whether a postsecondary school meets the criteria described in Subsection (2)(b). See Utah Code 13-34-101
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• Affiliate: means a person that controls, is controlled by, or is under common control with:
       (1)(a) a commercial entity; and
       (1)(b)

            (1)(b)(i) directly; or

            (1)(b)(ii) indirectly through one or more intermediaries. See Utah Code 13-37-102
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Bequest: Property gifted by will.
• board: means the Utah Powersport Vehicle Franchise Advisory Board created in Section 13-35-103. See Utah Code 13-35-102
• commercial entity: means a person that:
            (2)(a)(i) has an office or other place of business located in the state; and
            (2)(a)(ii) in the ordinary course of business transacts a consumer transaction in this state. See Utah Code 13-37-102
• Compensation: means anything of economic value that is paid or transferred to a commercial entity for or in direct consideration of the disclosure of nonpublic personal information. See Utah Code 13-37-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer transaction: includes :
            (4)(b)(i) the use of nonpublic personal information in relation to a transaction with a person if the transaction is for primarily personal, family, or household purposes; and
            (4)(b)(ii) with respect to any transaction described in Subsection (4)(a):

                 (4)(b)(ii)(A) an offer or solicitation;

                 (4)(b)(ii)(B) an agreement;

                 (4)(b)(ii)(C) the performance of an agreement; or

                 (4)(b)(ii)(D) a charitable solicitation as defined in Section 13-11-3. See Utah Code 13-37-102
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealership: means a site or location in this state:
       (2)(a) at which a franchisee conducts the business of a new powersport vehicle dealer; and
       (2)(b) that is identified as a new powersport vehicle dealer's principal place of business for registration purposes under Section 13-35-105. See Utah Code 13-35-102
• 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.
• Department: means the Department of Commerce. See Utah Code 13-35-102
• Division: means the Division of Consumer Protection. See Utah Code 13-34-101
• Educational credential: means a degree, diploma, certificate, transcript, report, document, letter of designation, mark, or series of letters, numbers, or words that represent enrollment, attendance, or satisfactory completion of the requirements or prerequisites of an educational program. See Utah Code 13-34-101
• 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.
• Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
• Executive director: means the executive director of the Department of Commerce. See Utah Code 13-35-102
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• franchise agreement: means a written agreement, for a definite or indefinite period, in which:
       (5)(a) a person grants to another person a license to use a trade name, trademark, service mark, or related characteristic; and
       (5)(b) a community of interest exists in the marketing of new powersport vehicles, new powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at wholesale or retail. See Utah Code 13-35-102
• Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-35-102
• Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor, and includes:
            (7)(a)(i) the manufacturer or distributor of the new powersport vehicles;
            (7)(a)(ii) an intermediate distributor;
            (7)(a)(iii) an agent, officer, or field or area representative of the franchisor; and
            (7)(a)(iv) a person who is affiliated with a manufacturer or a representative or who directly or indirectly through an intermediary is controlled by, or is under common control with the manufacturer. See Utah Code 13-35-102
• Fraud: Intentional deception resulting in injury to another.
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• 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 clerk: Assist judges with research and drafting of opinions.
• Lead: means the referral by a franchisor to a franchisee of an actual or potential customer for the purchase or lease of a new powersport vehicle, or for service work related to the franchisor's vehicles. See Utah Code 13-35-102
• 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}
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• Line-make: means the powersport vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor, or manufacturer of the powersport vehicle. See Utah Code 13-35-102
• Longstanding nonprofit accredited postsecondary school: means an accredited postsecondary school that:
       (9)(a) is a nonprofit organization; and
       (9)(b) has operated continuously as a nonprofit for at least 20 years. See Utah Code 13-34-101
• 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.
• New powersport vehicle dealer: means a person who is engaged in the business of buying, selling, offering for sale, or exchanging new powersport vehicles either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise who has established a place of business for the sale, lease, trade, or display of powersport vehicles. See Utah Code 13-35-102
• Nonpublic personal information: includes :
            (5)(b)(i) a person's Social Security number;
            (5)(b)(ii) information used to determine a person's credit worthiness including a person's:

                 (5)(b)(ii)(A) income; or

                 (5)(b)(ii)(B) employment history;
            (5)(b)(iii) the purchasing patterns of a person; or
            (5)(b)(iv) the personal preferences of a person. See Utah Code 13-37-102
• Notice: includes all papers and orders, except process, required to be served in any proceeding before any court, board, commission or officer, or when required by law to be served independently of such proceedings. See Utah Code 17-22-1
• notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-35-102
• 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.
• Operate: means to:
       (11)(a) maintain a physical presence in the state; or
       (11)(b) provide postsecondary education to an individual who resides in the state. See Utah Code 13-34-101
• 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: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Postsecondary school: means a person that offers postsecondary education:
       (14)(a) in exchange for payment of tuition, fees, or other consideration; and
       (14)(b) for the purpose of attaining educational, professional, or vocational objectives. See Utah Code 13-34-101
• Powersport vehicle: means :
            (12)(a)(i) an all-terrain type I, type II, or type III vehicle "ATV" defined in Section 41-22-2;
            (12)(a)(ii) a snowmobile as defined in Section 41-22-2;
            (12)(a)(iii) a motorcycle as defined in Section 41-1a-102;
            (12)(a)(iv) a personal watercraft as defined in Section 73-18-2;
            (12)(a)(v) except as provided in Subsection (12)(b), a motor-driven cycle as defined in Section 41-6a-102; or
            (12)(a)(vi) a moped as defined in Section 41-6a-102. See Utah Code 13-35-102
• Principal: means a postsecondary school's owner, officer, director, trustee, or administrator. See Utah Code 13-34-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: as used in this chapter includes all writs, warrants, summonses and orders of the courts of justice or judicial officers. See Utah Code 17-22-1
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public information: means a person's:
       (6)(a) name;
       (6)(b) telephone number; or
       (6)(c) street address. See Utah Code 13-37-102
• Public postsecondary school: means a postsecondary school that is:
       (16)(a)

            (16)(a)(i) an institution listed in Section 53B-1-102; or

            (16)(a)(ii) established by another state or other governmental entity; and
       (16)(b) substantially supported with government funds. See Utah Code 13-34-101
• Quorum: The number of legislators that must be present to do business.
• Reciprocity agreement: means an agreement the division enters into with another state in accordance with Section 13-34-303. See Utah Code 13-34-101
• Registration certificate: means approval from the division to operate a postsecondary school in accordance with this chapter, and with rules adopted in accordance with this chapter. See Utah Code 13-34-101
• Registration statement: means an application and accompanying documentation required under this chapter for:
       (19)(a) a registration certificate; or
       (19)(b) a state authorization certificate. See Utah Code 13-34-101
• Relevant market area: means :
       (13)(a) for a powersport dealership in a county that has a population of less than 225,000:

            (13)(a)(i) the county in which the powersport dealership exists or is to be established or relocated; and

            (13)(a)(ii) in addition to the county described in Subsection (13)(a)(i), the area within a 15-mile radius from the site of the existing, new, or relocated dealership; or
       (13)(b) for a powersport dealership in a county that has a population of 225,000 or more, the area within a 10-mile radius from the site of the existing, new, or relocated dealership. See Utah Code 13-35-102
• 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.
• 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.
• 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
• State authorization certificate: means a certificate that the division issues to an accredited postsecondary school in accordance with Section 13-34-302. See Utah Code 13-34-101
• Statute: A law passed by a legislature.
• Student: means :
       (21)(a) a person who pays or is obligated to pay a postsecondary school for postsecondary education; or
       (21)(b) a legal guardian of a person described in Subsection (21)(a). See Utah Code 13-34-101
• Subpoena: A command to a witness to appear and give testimony.
• substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-35-305
• Summons: Another word for subpoena used by the criminal justice system.
• third party: means a person other than the commercial entity that obtains nonpublic personal information. See Utah Code 13-37-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ: means an order or precept in writing, issued in the name of:
       (47)(a) the state;
       (47)(b) a court; or
       (47)(c) a judicial officer. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5