Terms Used In Utah Code > Title 31A > Chapter 22 > Part 1 - Contracts of Suretyship

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized user: means , for a protected computer:
       (1)(a) the protected computer's owner; or
       (1)(b) an individual who has permission to access the protected computer under Section 63D-3-103. See Utah Code 63D-3-102
• Certificate: means evidence of insurance given to:
       (23)(a) an insured under a group insurance policy; or
       (23)(b) a third party. See Utah Code 31A-1-301
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Collect: includes use of any identifying code linked to a user of a governmental website. See Utah Code 63D-2-102
• Committee: means the Retirement and Independent Entities Committee created by Section 63E-1-201. See Utah Code 63E-1-102
• Computer: includes any data storage device, data storage facility, or communications facility that is directly related to or that operates in conjunction with the device described in Subsection (2)(a). See Utah Code 63D-3-102
• 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.
• Court website: means a website on the Internet that is operated by or on behalf of any court created in Title 78A, Chapter 1, Judiciary. See Utah Code 63D-2-102
• Damage: includes :
            (3)(b)(i) the cost of repairing or restoring a protected computer;
            (3)(b)(ii) economic damages;
            (3)(b)(iii) consequential damages, including interruption of service; and
            (3)(b)(iv) profit by the individual from the unauthorized access to the protected computer. See Utah Code 63D-3-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Filed: means that a filing is:
            (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
            (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
            (69)(a)(iii) accompanied by the appropriate fee in accordance with:

                 (69)(a)(iii)(A) Section 31A-3-103; or

                 (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
• Governmental entity: means :
       (3)(a) an executive branch agency as defined in Section 63A-16-102;
       (3)(b) the legislative branch;
       (3)(c) the judicial branch;
       (3)(d) the State Board of Education created in Section Utah Code 63D-2-102
• Governmental website: includes a court website. See Utah Code 63D-2-102
• Governmental website operator: means a governmental entity or person acting on behalf of the governmental entity that:
       (5)(a) operates a governmental website; and
       (5)(b) collects or maintains personally identifiable information from or about a user of that website. See Utah Code 63D-2-102
• Harm: means any impairment to the integrity, access, or availability of:
       (4)(a) data;
       (4)(b) a program;
       (4)(c) a system; or
       (4)(d) information. See Utah Code 63D-3-102
• Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
• Independent corporation: means a corporation incorporated in accordance with Chapter 2, Independent Corporations Act. See Utah Code 63E-1-102
• Independent entity: means an entity having a public purpose relating to the state or its citizens that is individually created by the state or is given by the state the right to exist and conduct its affairs as an:
            (4)(a)(i) independent state agency; or
            (4)(a)(ii) independent corporation. See Utah Code 63E-1-102
• Independent state agency: means an entity that is created by the state, but is independent of the governor's direct supervisory control. See Utah Code 63E-1-102
• Insurance: includes :
            (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
            (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
            (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
• 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.
• 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.
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• Owner: means a person who:
       (5)(a) owns or leases a protected computer; or
       (5)(b) owns the information stored in a protected computer. See Utah Code 63D-3-102
• 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.
• 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
• Person: includes :
       (146)(a) an individual;
       (146)(b) a partnership;
       (146)(c) a corporation;
       (146)(d) an incorporated or unincorporated association;
       (146)(e) a joint stock company;
       (146)(f) a trust;
       (146)(g) a limited liability company;
       (146)(h) a reciprocal;
       (146)(i) a syndicate; or
       (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
• Personally identifiable information: means information that identifies:
       (6)(a) a user by:

            (6)(a)(i) name;

            (6)(a)(ii) account number;

            (6)(a)(iii) physical address;

            (6)(a)(iv) email address;

            (6)(a)(v) telephone number;

            (6)(a)(vi) Social Security number;

            (6)(a)(vii) credit card information; or

            (6)(a)(viii) bank account information;
       (6)(b) a user as having requested or obtained specific materials or services from a governmental website;
       (6)(c) Internet sites visited by a user; or
       (6)(d) any of the contents of a user's data-storage device. See Utah Code 63D-2-102
• Premium: includes , however designated:
            (156)(b)(i) an assessment;
            (156)(b)(ii) a membership fee;
            (156)(b)(iii) a required contribution; or
            (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
• Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protected computer: means a computer that:
            (6)(a)(i) is used in connection with the operation of a business, state government entity, or political subdivision; and
            (6)(a)(ii) requires a technological access barrier for an individual to access the computer. See Utah Code 63D-3-102
• Quasi-public corporation: means an artificial person, private in ownership, individually created as a corporation by the state, which has accepted from the state the grant of a franchise or contract involving the performance of a public purpose relating to the state or its citizens. See Utah Code 63E-1-102
• School: means a public or private elementary or secondary school. See Utah Code 63D-2-102
• Security: means a:
            (176)(a)(i) note;
            (176)(a)(ii) stock;
            (176)(a)(iii) bond;
            (176)(a)(iv) debenture;
            (176)(a)(v) evidence of indebtedness;
            (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
            (176)(a)(vii) collateral-trust certificate;
            (176)(a)(viii) preorganization certificate or subscription;
            (176)(a)(ix) transferable share;
            (176)(a)(x) investment contract;
            (176)(a)(xi) voting trust certificate;
            (176)(a)(xii) certificate of deposit for a security;
            (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
            (176)(a)(xiv) commodity contract or commodity option;
            (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
            (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
• 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.
• Technological access barrier: means a password, security code, token, key fob, access device, or other digital security measure. See Utah Code 63D-3-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Traffic: means to sell, purchase, or deliver. See Utah Code 63D-3-102
• Unauthorized user: means an individual who, for a protected computer:
       (9)(a) is not an authorized user of the protected computer; and
       (9)(b) accesses the protected computer by:

            (9)(b)(i) obtaining, without an authorized user's permission, the authorized user's technological access barrier; or

            (9)(b)(ii) circumventing, without the permission of the protected computer's owner, a technological access barrier on the protected computer. See Utah Code 63D-3-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• User: means a person who accesses a governmental website. See Utah Code 63D-2-102