Terms Used In Utah Code > Title 17 > Chapter 43 - Local Human Services Act

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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.
• 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.
• board: means the board created in Section 34-20-3. See Utah Code 34-20-2
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commerce: means trade, traffic, commerce, transportation, or communication within the state. See Utah Code 34-20-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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 executive: means :Utah Code 68-3-12.5
• County legislative body: means :Utah Code 68-3-12.5
• Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 17-43-102
• Dependent: A person dependent for support upon another.
• Division: means the Division of Integrated Healthcare within the department. See Utah Code 17-43-102
• Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:

  (a)

  4; and

  (b)

  Chapter 5, State Fire Code Act. See Utah Code 15A-1-102 Employee: includes any employee unless this chapter explicitly states otherwise, and includes an individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment. See Utah Code 34-20-2 Employer: includes a person acting in the interest of an employer, directly or indirectly, but does not include: (a)  the United States; (b)  a state or political subdivision of a state; (c)  a person subject to the federal Railway Labor Act; (d)  a labor organization, other than when acting as an employer; (e)  a corporation or association operating a hospital if no part of the net earnings inures to the benefit of any private shareholder or individual; or (f)  anyone acting in the capacity of officer or agent of a labor organization. See Utah Code 34-20-2 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: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (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 Fraud: Intentional deception resulting in injury to another. Highway: includes :Utah Code 68-3-12.5 HUD Code: means the Federal Manufactured Housing Construction and Safety Standards Act, as issued by the Department of Housing and Urban Development and published in 24 C. See Utah Code 15A-2-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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. Labor dispute: means any controversy between an employer and the majority of the employer's employees in a collective bargaining unit concerning the right or process or details of collective bargaining or the designation of representatives. See Utah Code 34-20-2 labor dispute: as used in this chapter include any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, or concerning employment relations, or any other controversy arising out of the respective interests of employer and employee, regardless of whether or not the disputants stand in the proximate relation of employer and employee. See Utah Code 34-19-11 Labor organization: means an organization of any kind or any agency or employee representation committee or plan in which employees participate that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. See Utah Code 34-20-2 Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (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 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. Oversight: Committee review of the activities of a Federal agency or program. 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. Person: means :Utah Code 68-3-12.5 Person: includes an individual, partnership, association, corporation, legal representative, trustee, trustee in bankruptcy, or receiver. See Utah Code 34-20-2 Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Quorum: The number of legislators that must be present to do business. Representative: includes an individual or labor organization. See Utah Code 34-20-2 Secondary boycott: includes combining or conspiring to cause or threaten to cause injury to one with whom no labor dispute exists, whether by: (a)  withholding patronage, labor, or other beneficial business intercourse; (b)  picketing; (c)  refusing to handle, install, use, or work on particular materials, equipment, or supplies; or (d)  by any other unlawful means, in order to bring him against his will into a concerted plan to coerce or inflict damage upon another. See Utah Code 34-20-2 State Construction Code: means the State Construction Code adopted by: (a)  Chapter 2, Adoption of State Construction Code; (b)  Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code; (c)  Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code; (d)  Chapter 4, Local Amendments Incorporated as Part of State Construction Code; and (e)  Chapter 6, Additional Construction Requirements. See Utah Code 15A-1-102 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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. 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. Unfair labor practice: means any unfair labor practice listed in Section 34-20-8. See Utah Code 34-20-2 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5