Terms Used In Utah Code > Title 39A > Chapter 5 > Part 3 - Military Punishments

• Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
• 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.
• Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
• Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-27-1
• Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
• 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.
• Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Corrections. See Utah Code 77-27-1
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Enlisted member: means an individual in an enlisted grade. See Utah Code 39A-5-102
• 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.
• Family: means any individual related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian. See Utah Code 77-27-1
• Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
• 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.
• Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
• Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
• Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1
• 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.
• Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
• 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
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• 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}
• 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: 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
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Victim: means :
       (25)(a) a person against whom the defendant committed a felony or class A misdemeanor offense for which a hearing is held under this chapter; or
       (25)(b) the victim's family if the victim is deceased as a result of the offense for which a hearing is held under this chapter. See Utah Code 77-27-1
• 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