Terms Used In Utah Code > Title 34A > Chapter 2 - Workers' Compensation Act

• Account: means the Great Salt Lake Account created in Section 73-32-304. See Utah Code 73-32-101
• 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
• 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.
• Advisory board executive committee: means the executive committee of the Agricultural Advisory Board created by Section 4-2-108. See Utah Code 73-20-2
• 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.
• Agent: includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another's health care, and an individual authorized to make decisions for another under a natural death act. See Utah Code 75-1-201 v2
• Airboat: means a vessel propelled by air pressure caused by an airplane type propeller mounted above the stern and driven by an internal combustion engine. See Utah Code 73-18c-102
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicable area: means :
       (1)(a) for a county, the unincorporated area of the county that is included within the area proposed for annexation; or
       (1)(b) for a municipality, the area of the municipality that is included within the area proposed for annexation. See Utah Code 17B-1-401
• Applicant: means :
       (1)(a) a record holder of a perfected water right or a valid diligence claim applying for board approval of a statutory water bank under Part 2, Statutory Water Banks; or
       (1)(b) a public entity applying for board approval of a contract water bank under Part 3, Contract Water Banks. See Utah Code 73-31-102
• Application: means a written request to the registrar for an order of informal probate or appointment under Chapter 3, Part 3, Informal Probate and Appointment Proceedings. See Utah Code 75-1-201 v2
• Application: means an application submitted to the board to approve a water bank. See Utah Code 73-31-102
• 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
• Approved change application: means a change application that the state engineer approves to authorize a water right holder to deposit a water right in a water bank pursuant to this chapter and Section 73-3-3 or Utah Code 73-31-102
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Average weekly wages: means the average weekly wages as determined under Section 34A-2-409. See Utah Code 34A-2-102
• Award: means a final order of the commission as to the amount of compensation due:
            (1)(b)(i) an injured employee; or
            (1)(b)(ii) a dependent of a deceased employee. See Utah Code 34A-2-102
• Banked water right: means a water right, or a portion of a water right, deposited in a water bank that the state engineer has authorized for use in a water bank through an approved change application. See Utah Code 73-31-102
• Basic livestock: means a herd of cattle, sheep, or swine kept and maintained primarily for breeding purposes. See Utah Code 73-20-2
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary designation: means a governing instrument naming a beneficiary of an insurance or annuity policy, of an account with POD designation, of a security registered in beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar benefit plan, or other nonprobate transfer at death. See Utah Code 75-1-201 v2
• Board: means the Board of Water Resources created by Section Utah Code 73-20-2
• Board: means the Board of Water Resources. See Utah Code 73-26-103
• Board: means the Board of Water Resources. See Utah Code 73-28-103
• Board: means the Board of Water Resources. See Utah Code 73-31-102
• Borrower: means a person seeking to use a banked water right within a water bank's service area. See Utah Code 73-31-102
• Brother or sister: includes a half brother or sister. See Utah Code 34A-2-102
• Business entity: means :
       (1)(a) a sole proprietorship;
       (1)(b) a corporation;
       (1)(c) a partnership;
       (1)(d) a limited liability company; or
       (1)(e) an entity similar to one described in Subsections (1)(a) through (d). See Utah Code 34A-2-1002
• Certified mail: means a method of mailing by any carrier that is accompanied by proof of delivery. See Utah Code 34A-1-102
• Chambers: A judge's office.
• Child: includes :
            (2)(b)(i) a posthumous child; or
            (2)(b)(ii) a child legally adopted prior to an injury. See Utah Code 34A-2-102
• Circumstantial evidence: All evidence except eyewitness testimony.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commercial farm: means a tract or tracts of land with or without improvements recognized as a farm or ranch in this state which is owned and operated or leased and operated by the applicant, and used in the production and raising of basic livestock. See Utah Code 73-20-2
• Commission: means the Outdoor Adventure Commission. See Utah Code 73-18a-1
• Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
• Commission: means the Outdoor Adventure Commission. See Utah Code 73-18c-102
• Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
• Commissioner: means the Great Salt Lake commissioner appointed under Section 73-32-201. See Utah Code 73-32-101
• Committee: means the Project Management Committee created in Section 73-28-105. See Utah Code 73-28-103
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservator: means a person who is appointed by a court to manage the estate of a protected person. See Utah Code 75-1-201 v2
• Construction costs: means all costs related to the development of a project, except the costs of environmental mitigation. See Utah Code 73-26-103
• Construction costs: means all costs related to the construction of the project, including the environmental mitigation costs. See Utah Code 73-28-103
• Contract: A legal written agreement that becomes binding when signed.
• Contract water bank: means a water bank created pursuant to Part 3, Contract Water Banks. See Utah Code 73-31-102
• 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.
• Council: means the Great Salt Lake Advisory Council created in Section 73-32-302. See Utah Code 73-32-101
• Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Decision: includes :
                 (1)(d)(ii)(A) an award or denial of a medical, disability, death, or other related benefit under this chapter or Chapter 3, Utah Occupational Disease Act; or
                 (1)(d)(ii)(B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
• 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.
• Delivery request: means a request to use a banked water right made by a borrower in accordance with a water bank's policies approved under the water bank's application. See Utah Code 73-31-102
• Department: means the Department of Natural Resources. See Utah Code 73-32-101
• Dependent: A person dependent for support upon another.
• Deposit: means depositing a banked water right for use within the service area of a water bank. See Utah Code 73-31-102
• Depositor: means a person seeking to deposit a water right in a water bank. See Utah Code 73-31-102
• Descendant: means all of an individual's descendants of all generations, with the relationship of parent and child at each generation being determined by the definition of child and parent contained in this title. See Utah Code 75-1-201 v2
• Developed water: means surface water developed by the project. See Utah Code 73-28-103
• Developed waters: means surface water developed by projects authorized under this chapter. See Utah Code 73-26-103
• Devise: To gift property by will.
• Devise: when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will. See Utah Code 75-1-201 v2
• Devisee: means any person designated in a will to receive a devise. See Utah Code 75-1-201 v2
• Director: means the director of the division, unless the context requires otherwise. See Utah Code 34A-2-102
• Disability: means cause for a protective order as described by Section 75-5-401. See Utah Code 75-1-201 v2
• Disability: means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. See Utah Code 34A-2-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributee: means any person who has received property of a decedent from his personal representative other than as a creditor or purchaser. See Utah Code 75-1-201 v2
• Distribution management plan: means a plan adopted by the state engineer in accordance with Section 73-33-201. See Utah Code 73-33-101
• District: means :
       (5)(a) the Central Iron County Water Conservancy District;
       (5)(b) the Kane County Water Conservancy District;
       (5)(c) the Washington County Water Conservancy District; or
       (5)(d) any combination of those districts listed in Subsections (5)(a) through (c). See Utah Code 73-28-103
• Division: means the Division of Outdoor Recreation. See Utah Code 73-18-2
• Division: means the Division of Outdoor Recreation. See Utah Code 73-18a-1
• Division: means the Division of Water Rights, Department of Natural Resources. See Utah Code 73-22-3
• Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102
• Division: means the Division of Outdoor Recreation. See Utah Code 73-18c-102
• Division: means the Division of Water Resources. See Utah Code 73-26-103
• Division: means the Division of Water Resources. See Utah Code 73-28-103
• Division: means the Division of Wildlife Resources. See Utah Code 73-29-102
• Docket: A log containing brief entries of court proceedings.
• Donee: The recipient of a gift.
• Dower: A widow
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Environmental mitigation costs: means costs that may be required by federal, state, or local governmental agencies for project environmental permitting, including:
       (5)(a) planning;
       (5)(b) environmental and engineering studies;
       (5)(c) permitting;
       (5)(d) acquisition of land and rights-of-way; and
       (5)(e) operation, maintenance, and repair of facilities associated with project environmental mitigation. See Utah Code 73-26-103
• Environmental mitigation costs: means costs associated with obtaining permits required by federal, state, or local governmental agencies. See Utah Code 73-28-103
• 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}
• Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
• 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.
• Executor: A male person named in a will to carry out the decedent
• Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Exempt property: means that property of a decedent's estate which is described in Section 75-2-403. See Utah Code 75-1-201 v2
• 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.
• Farmer: means any person who owns and operates or leases and operates a commercial farm in this state, and includes individuals, partnerships and corporations. See Utah Code 73-20-2
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: includes a personal representative, guardian, conservator, and trustee. See Utah Code 75-1-201 v2
• 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.
• Floating access: means the right to access public water flowing over private property for floating and fishing while floating upon the water. See Utah Code 73-29-102
• Formal proceedings: means proceedings conducted before a judge with notice to interested persons. See Utah Code 75-1-201 v2
• Fraud: Intentional deception resulting in injury to another.
• Geothermal area: means the general land area which is underlain or reasonably appears to be underlain by geothermal resources. See Utah Code 73-22-3
• Geothermal resource: means :
            (5)(a)(i) the natural heat of the earth at temperatures greater than 120 degrees centigrade; and
            (5)(a)(ii) the energy, in whatever form, including pressure, present in, resulting from, created by, or which may be extracted from that natural heat, directly or through a material medium. See Utah Code 73-22-3
• Geothermal system: means any strata, pool, reservoir, or other geologic formation containing geothermal resources. See Utah Code 73-22-3
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing instrument: means a deed, will, trust, insurance or annuity policy, account with POD designation, security registered in beneficiary form (TOD), pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type. See Utah Code 75-1-201 v2
• Great Salt Lake Comprehensive Management Plan: means the plan adopted by a record of decision by the Division of Forestry, Fire, and State Lands for the management of the Great Salt Lake. See Utah Code 73-33-101
• Great Salt Lake meander line: means the same as that term is defined in Section 65A-17-101. See Utah Code 73-33-101
• Great Salt Lake water right: means a water right that allows for the diversion of surface water or groundwater from a point below the Great Salt Lake meander line and that contemplates the recovery of salts or another mineral or element, as defined in Section 65A-17-101, from the water resource by precipitation or otherwise. See Utah Code 73-33-101
• Great Salt Lake watershed: means the drainage area for the Great Salt Lake, the Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber River watershed, and the West Desert watershed. See Utah Code 73-33-101
• 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 who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section Utah Code 75-1-201 v2
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Heretofore use: means the authorized conditions of use that were in effect before the state engineer approved a change application authorizing new conditions for the use of a banked water right. See Utah Code 73-31-102
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Human body waste: means excrement, feces, or other waste material discharged from the human body. See Utah Code 73-18a-1
• Impairment: is a purely medical condition reflecting an anatomical or functional abnormality or loss. See Utah Code 34A-2-102
• Incapacitated: means a judicial determination after proof by clear and convincing evidence that an adult's ability to do the following is impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care:
       (24)(a) receive and evaluate information;
       (24)(b) make and communicate decisions; or
       (24)(c) provide for necessities such as food, shelter, clothing, health care, or safety. See Utah Code 75-1-201 v2
• Incapacity: means incapacitated. See Utah Code 75-1-201 v2
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Infrastructure financing district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inter vivos: Transfer of property from one living person to another living person.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interested person: includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person. See Utah Code 75-1-201 v2
• Intestate: Dying without leaving a will.
• Issue: means a descendant of an individual. See Utah Code 75-1-201 v2
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Judgment: means any judgment that is final by:
       (4)(a) expiration without appeal of the time within which an appeal might have been perfected; or
       (4)(b) final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages:

            (4)(b)(i) arising out of the ownership, maintenance, or use of any personal watercraft, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or

            (4)(b)(ii) on a settlement agreement. See Utah Code 73-18c-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}
• Lease: includes an oil, gas, or other mineral lease. See Utah Code 75-1-201 v2
• Letters: includes letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. See Utah Code 75-1-201 v2
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Litter: means any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, or similar refuse discarded as no longer useful. See Utah Code 73-18a-1
• Loaned water rights: means a banked water right that is used pursuant to an approved delivery request. See Utah Code 73-31-102
• Marine toilet: means any toilet or other receptacle permanently installed on or within any vessel for the purpose of receiving human body waste. See Utah Code 73-18a-1
• Material medium: means geothermal fluids, or water and other substances artificially introduced into a geothermal system to serve as a heat transfer medium. See Utah Code 73-22-3
• Minor: means a person who is under 18 years old. See Utah Code 75-1-201 v2
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Motor carrier: means a person engaged in the business of transporting freight, merchandise, or other property by a commercial vehicle on a highway within this state. See Utah Code 34A-2-104
• Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways, including a trailer or semitrailer designed for use with another motorized vehicle. See Utah Code 34A-2-104
• Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See Utah Code 73-18-2
• Motorboat: includes personal watercraft regardless of the manufacturer listed horsepower. See Utah Code 73-18c-102
• Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
• Municipality: means a city or town. See Utah Code 17B-1-102
• Navigable water: means a water course that in its natural state without the aid of artificial means is useful for commerce and has a useful capacity as a public highway of transportation. See Utah Code 73-29-102
• Nonadverse party: means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that the person possesses respecting the trust or other property arrangement. See Utah Code 75-2-201
• Nonresident: means any person who is not a resident of Utah. See Utah Code 73-18c-102
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• 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.
• Occupational accident related insurance: means insurance that provides the following coverage at a minimum aggregate policy limit of $1,000,000 for all benefits paid, including medical expense benefits, for an injury sustained in the course of working under a written agreement described in Subsection (5)(d)(iii):
            (7)(c)(i) disability benefits;
            (7)(c)(ii) death benefits; and
            (7)(c)(iii) medical expense benefits, which include:

                 (7)(c)(iii)(A) hospital coverage;

                 (7)(c)(iii)(B) surgical coverage;

                 (7)(c)(iii)(C) prescription drug coverage; and

                 (7)(c)(iii)(D) dental coverage. See Utah Code 34A-2-104
• Office: means the Office of the Great Salt Lake Commissioner created in Section 73-32-301. See Utah Code 73-32-101
• Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18a-1
• Operator: means any person drilling, maintaining, operating, producing, or in control of any well. See Utah Code 73-22-3
• Operator: means the person who is in control of a motorboat while it is in use. See Utah Code 73-18c-102
• Order: means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. See Utah Code 34A-2-102
• Organization: includes a corporation, limited liability company, business trust, estate, trust, partnership, joint venture, association, government or governmental subdivision or agency, or any other legal or commercial entity. See Utah Code 75-1-201 v2
• Owner: means a person, other than a lien holder, holding a proprietary interest in or the title to a vessel. See Utah Code 73-18a-1
• Owner: means a person who has the right to drill into, produce, and make use of the geothermal resource. See Utah Code 73-22-3
• Owner: includes a person entitled to the use or possession of a motorboat subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. See Utah Code 73-18c-102
• Parent: includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question. See Utah Code 75-1-201 v2
• 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.
• Payor: means a trustee, insurer, business entity, employer, government, governmental agency or subdivision, or any other person authorized or obligated by law or a governing instrument to make payments. See Utah Code 75-1-201 v2
• Perfected water right: means a water right evidenced by:
       (14)(a) a decree;
       (14)(b) a certificate of appropriation; or
       (14)(c) a proposed determination or court order issued in a general adjudication. See Utah Code 73-31-102
• Person: means any individual, business entity (corporate or otherwise), or political subdivision of this or any other state. See Utah Code 73-22-3
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
• Person: means an individual or an organization. See Utah Code 75-1-201 v2
• 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 injury by accident arising out of and in the course of employment: includes an injury caused by the willful act of a third person directed against an employee because of the employee's employment. See Utah Code 34A-2-102
• 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
• Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Utah Code 75-1-201 v2
• Petition: means a written request to the court for an order after notice. See Utah Code 75-1-201 v2
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• power of appointment: includes a power to designate the beneficiary of a beneficiary designation. See Utah Code 75-2-201
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preconstruction costs: means any of the following costs incurred before project construction begins:
       (6)(a) planning;
       (6)(b) design;
       (6)(c) engineering studies;
       (6)(d) legal work;
       (6)(e) permitting;
       (6)(f) acquisition of land and rights-of-way;
       (6)(g) compensation for impairment of existing water rights;
       (6)(h) environmental studies; or
       (6)(i) any combination of Subsections (6)(a) through (h). See Utah Code 73-26-103
• Preconstruction costs: means any of the following costs incurred before project construction begins:
       (8)(a) planning;
       (8)(b) design;
       (8)(c) engineering studies;
       (8)(d) legal work;
       (8)(e) permitting;
       (8)(f) acquisition of land and rights-of-way;
       (8)(g) compensation for impairment of existing water rights;
       (8)(h) environmental studies; or
       (8)(i) any combination of Subsections (8)(a) through (h). See Utah Code 73-28-103
• Presently exercisable general power of appointment: means a power of appointment under which, at the time in question, the decedent, whether or not the decedent then had the capacity to exercise the power, held a power to create a present or future interest in himself, his creditors, his estate, or creditors of his estate, and includes a power to revoke or invade the principal of a trust or other property arrangement. See Utah Code 75-2-201
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probate estate: means property that would pass by intestate succession if the decedent died without a valid will. See Utah Code 75-2-201
• Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Project: means the Lake Powell Pipeline project and associated facilities, including:
            (9)(a)(i) facilities associated with environmental mitigation;
            (9)(a)(ii) hydroelectric generating works and incidental electrical facilities;
            (9)(a)(iii) pipelines; and
            (9)(a)(iv) pumping stations. See Utah Code 73-28-103
• Project costs: include preconstruction costs, construction costs, environmental mitigation costs, and costs of operation, maintenance, repair, and replacement. See Utah Code 73-26-103
• Project costs: include preconstruction costs, construction costs, and project operation, maintenance, repair, and replacement costs. See Utah Code 73-28-103
• Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
• Property: includes values subject to a beneficiary designation. See Utah Code 75-2-201
• 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.
• Protected person: means a person for whom a conservator has been appointed. See Utah Code 75-1-201 v2
• Public access area: means the limited part of privately owned property that:
       (6)(a) lies beneath or within three feet of a public water or that is the most direct, least invasive, and closest means of portage around an obstruction in a public water; and
       (6)(b) is open to public recreational access under Section 73-29-203; and
       (6)(c) can be accessed from an adjoining public assess area or public right-of-way. See Utah Code 73-29-102
• Public entity: means the same as that term is defined in Section 73-1-4 except for the United States or an agency of the United States. See Utah Code 73-31-102
• Public recreational access: means the right to engage in recreational access established in accordance with Section 73-29-203. See Utah Code 73-29-102
• Public water: means water:
            (8)(a)(i) described in Section 73-1-1; and
            (8)(a)(ii) flowing or collecting on the surface:

                 (8)(a)(ii)(A) within a natural or realigned channel; or

                 (8)(a)(ii)(B) in a natural lake, pond, or reservoir on a natural or realigned channel. See Utah Code 73-29-102
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-1-201 v2
• Recreational access: means to use a public water and to touch a public access area incidental to the use of the public water for:
            (9)(a)(i) floating;
            (9)(a)(ii) fishing; or
            (9)(a)(iii) waterfowl hunting conducted:

                 (9)(a)(iii)(A) in compliance with applicable law or rule, including Sections 23A-5-314, 73-29-203, and 76-10-508; and

                 (9)(a)(iii)(B) so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling. See Utah Code 73-29-102
• Registrar: means the official of the court designated to perform the functions of registrar as provided in Section 75-1-307. See Utah Code 75-1-201 v2
• Registration: means the issuance of the registration cards and decals issued under the laws of Utah pertaining to the registration of motorboats. See Utah Code 73-18c-102
• Registration materials: means the evidences of motorboat registration, including all registration cards and decals. See Utah Code 73-18c-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.
• Reporting year: means November 1 through October 31. See Utah Code 73-31-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Sailboat: means any vessel having one or more sails and propelled by wind. See Utah Code 73-18-2
• Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest, or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, and, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See Utah Code 75-1-201 v2
• Service area: means the geographic area where a water bank is approved to operate and operates. See Utah Code 73-31-102
• 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.
• 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
• Sign: means , with present intent to authenticate or adopt a record other than a will:
       (51)(a) to execute or adopt a tangible symbol; or
       (51)(b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 75-1-201 v2
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Special administrator: means a personal representative as described in Sections 75-3-614 through 75-3-618. See Utah Code 75-1-201 v2
• Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
       (31)(a) this chapter; or
       (31)(b)

            (31)(b)(i) this chapter; and

            (31)(b)(ii)

                 (31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;

                 (31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;

                 (31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;

                 (31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;

                 (31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;

                 (31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;

                 (31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;

                 (31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;

                 (31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;

                 (31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;

                 (31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or

                 (31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
• 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 agency: means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government. See Utah Code 73-32-101
• State engineer: means the state engineer appointed under Section 73-2-1. See Utah Code 73-31-102
• Statute: A law passed by a legislature.
• Statutory water bank: means a water bank created pursuant to Part 2, Statutory Water Banks. See Utah Code 73-31-102
• Strategic plan: means the plan prepared by the commissioner under Sections 73-32-202 and 73-32-204. See Utah Code 73-32-101
• Subpoena: A command to a witness to appear and give testimony.
• Successor personal representative: means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. See Utah Code 75-1-201 v2
• Successors: means persons, other than creditors, who are entitled to property of a decedent under the decedent's will or this title. See Utah Code 75-1-201 v2
• Summons: Another word for subpoena used by the criminal justice system.
• Supervised administration: means the proceedings described in Chapter 3, Part 5, Supervised Administration. See Utah Code 75-1-201 v2
• Survive: includes its derivatives, such as "survives" "survived" "survivor" and "surviving. See Utah Code 75-1-201 v2
• Swear: includes "affirm. See Utah Code 68-3-12.5
• Testacy proceeding: means a proceeding to establish a will or determine intestacy. See Utah Code 75-1-201 v2
• testamentary trustee: includes a trustee to whom assets are transferred by will, to the extent of the devised assets. See Utah Code 75-1-201 v2
• Testate: To die leaving a will.
• Testator: A male person who leaves a will at death.
• Testator: includes an individual of either sex. See Utah Code 75-1-201 v2
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• 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.
• Trust: includes :
            (60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;
            (60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or
            (60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Trustee: includes an original, additional, and successor trustee, and cotrustee, whether or not appointed or confirmed by the court. See Utah Code 75-1-201 v2
• Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
• 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
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Vessel: means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Utah Code 73-18-2
• Vessel: means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Utah Code 73-18a-1
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• Waiver: means a workers' compensation coverage waiver issued under this part. See Utah Code 34A-2-1002
• Ward: means a person for whom a guardian has been appointed. See Utah Code 75-1-201 v2
• Waste: means any inefficient, excessive, or improper production, use, or dissipation of geothermal resources. See Utah Code 73-22-3
• Water bank: means a contract water bank or a statutory water bank. See Utah Code 73-31-102
• Water banking website: means a website overseen by the board in accordance with Section 73-31-103. See Utah Code 73-31-102
• Waters of the state: means any waters within the territorial limits of this state. See Utah Code 73-18c-102
• Waters of this state: means all waters within the territorial limits of this state except those used exclusively for private purposes. See Utah Code 73-18a-1
• Well: means any well drilled, converted, or reactivated for the discovery, testing, production, or subsurface injection of geothermal resources. See Utah Code 73-22-3
• 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