Utah Code > Title 41 > Chapter 3 – Motor Vehicle Business Regulation Act

		Sections
Part 1	Administration	41-3-101 – 41-3-110
Part 2	Licensing	41-3-201 – 41-3-211
Part 3	Temporary Permits	41-3-301 – 41-3-306
Part 4	Disclosure Requirements	41-3-401 – 41-3-414
Part 5	Special Dealer License Plates	41-3-501 – 41-3-508
Part 6	Fees	41-3-601 – 41-3-604
Part 7	Penalties	41-3-701 – 41-3-704
Part 8	Consignment Sales Act	41-3-801 – 41-3-803

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Terms Used In Utah Code > Title 41 > Chapter 3 - Motor Vehicle Business Regulation Act

Abuse: means , except as provided in Section 78B-7-201, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of imminent physical harm. See Utah Code 78B-7-102
Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
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.
Affinity: means the same as that term is defined in Section Utah Code 78B-7-102
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Agency: means a state, county, or local government entity that generates or maintains records relating to an unlawful detainer action. See Utah Code 78B-6-850
agency: means a state, county, or local government entity that generates or maintains records relating to a civil order for which expungement may be ordered. See Utah Code 78B-7-1001
Agent: means a person other than a holder of any dealer's or salesperson's license issued under this chapter, who for salary, commission, or compensation of any kind, negotiates in any way for the sale, purchase, order, or exchange of three or more motor vehicles for any other person in any 12-month period. See Utah Code 41-3-102
Alcoholic beverage: is a s defined in Section 32B-1-102. See Utah Code 78B-6-1602
Allegation: something that someone says happened.
AMA guides: means the edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401
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.
Americans with Disabilities Act: means the public accommodation protections of Title III of the Americans with Disabilities Act, 42 U. See Utah Code 78B-8-701
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.
Appraisal: A determination of property value.
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
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest: Taking physical custody of a person by lawful authority.
Asbestos: means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 C. See Utah Code 78B-6-2401
Asbestos action: means a claim for damages or other civil or equitable relief presented in a civil action resulting from, based on, or related to:
          (4)(a)(i) the health effects of exposure to asbestos, including:
               (4)(a)(i)(A) loss of consortium;
               (4)(a)(i)(B) wrongful death;
               (4)(a)(i)(C) mental or emotional injury;
               (4)(a)(i)(D) risk or fear of disease or other injury; and
               (4)(a)(i)(E) costs of medical monitoring or surveillance; and
          (4)(a)(ii) any other derivative claim made by or on behalf of an individual exposed to asbestos or a representative, spouse, parent, child, or other relative of that individual. See Utah Code 78B-6-2401
Asbestos trust: means a:
     (5)(a) government-approved or court-approved trust that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;
     (5)(b) qualified settlement fund that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;
     (5)(c) compensation fund or claims facility created as a result of an administrative or legal action that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;
     (5)(d) court-approved bankruptcy that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; or
     (5)(e) plan of reorganization or trust pursuant to Utah Code 78B-6-2401
Asbestosis: means bilateral diffuse interstitial fibrosis of the lungs caused by the inhalation of asbestos fibers. See Utah Code 78B-6-2401
Ascendant: means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. See Utah Code 78B-6-1270
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
ATS testing standards: means the official technical statements from the American Thoracic Society for pulmonary function testing in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Auction: means a dealer engaged in the business of auctioning motor vehicles, either owned or consigned, to the general public. See Utah Code 41-3-102
Authority board: means the board of directors of a local building authority, as described in Section 17D-2-203. See Utah Code 17D-2-102
Authorized service center: means an entity that:
     (4)(a) is in the business of repairing exclusively the motor vehicles of the same line-make as the motor vehicles a single direct-sale manufacturer manufactures;
     (4)(b) the direct-sale manufacturer described in Subsection (4)(a) authorizes to complete warranty repair work for motor vehicles that the direct-sale manufacturer sells, displays for sale, or offers for sale or exchange; and
     (4)(c) conducts business primarily from an enclosed commercial repair facility that is permanently located in the state. See Utah Code 41-3-102
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.
Bench trial: Trial without a jury in which a judge decides the facts.
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}
Board-certified physician in internal medicine: means a licensed physician who is certified by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Utah Code 78B-6-2401
Board-certified physician in occupational medicine: means a licensed physician who is certified in the specialty of:
(8)(a) occupational medicine by the American Board of Preventative Medicine; or
(8)(b) occupational and environmental medicine by the American Osteopathic Board of Preventative Medicine. See Utah Code 78B-6-2401
Board-certified physician in pathology: means a licensed physician:
(9)(a) who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Pathology; and
(9)(b) whose professional practice is principally in the field of pathology involving regular evaluation of pathology materials obtained from surgical or postmortem specimens. See Utah Code 78B-6-2401
Board-certified physician in pulmonary medicine: means a licensed physician who is certified in the specialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Utah Code 78B-6-2401
Body shop: means a person engaged in rebuilding, restoring, repairing, or painting the body of motor vehicles for compensation. See Utah Code 41-3-102
Bona fide and compelling evidence: means that the evidence presented by the petitioning prosecutor establishes by a preponderance of the evidence that:
     (1)(a) the convicted person is significantly likely to be factually innocent;
     (1)(b) newly discovered material evidence, if presented at or before the time of trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or
     (1)(c) there exists information discovered or received by the petitioning prosecution agency after a judgment of conviction and sentencing that:
          (1)(c)(i) if disclosed to the convicted person prior to trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or
          (1)(c)(ii) significantly calls into question the legitimacy of the jury verdict, judgment of conviction, or sentence. See Utah Code 78B-9-502
Bona fide and compelling issue of factual innocence: means that the newly discovered material evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner. See Utah Code 78B-9-401.5
Bond: includes a bond, note, or other instrument issued under this chapter evidencing an indebtedness of a local building authority. See Utah Code 17D-2-102
Chambers: A judge's office.
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Chest x-ray: means a chest film taken in accordance with applicable state and federal laws and taken in the posterior-anterior view. See Utah Code 78B-6-2401
Child protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-201
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Civil order: means :
     (2)(a) an ex parte civil protective order;
     (2)(b) an ex parte civil stalking injunction;
     (2)(c) a civil protective order; or
     (2)(d) a civil stalking injunction. See Utah Code 78B-7-1001
Civil protective order: means an order issued, subsequent to a hearing on the petition, of which the petitioner and respondent have been given notice, under:
     (3)(a) Part 2, Child Protective Orders;
     (3)(b) Part 4, Dating Violence Protective Orders;
     (3)(c) Part 5, Sexual Violence Protective Orders;
     (3)(d) Part 6, Cohabitant Abuse Protective Orders; or
     (3)(e) Part 11, Workplace Violence Protective Orders. See Utah Code 78B-7-102
Civil stalking injunction: means a stalking injunction issued under Part 7, Civil Stalking Injunctions. See Utah Code 78B-7-102
Claimant: means a person who files a notice. See Utah Code 78B-6-1302
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
Cohabitant: means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:
          (5)(a)(i) is or was a spouse of the other party;
          (5)(a)(ii) is or was living as if a spouse of the other party;
          (5)(a)(iii) is related by blood or marriage to the other party as the individual's parent, grandparent, sibling, or any other individual related to the individual by consanguinity or affinity to the second degree;
          (5)(a)(iv) has or had one or more children in common with the other party;
          (5)(a)(v) is the biological parent of the other party's unborn child;
          (5)(a)(vi) resides or has resided in the same residence as the other party; or
          (5)(a)(vii) is or was in a consensual sexual relationship with the other party. See Utah Code 78B-7-102
Cohabitant abuse protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-601
Collateral: means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant. See Utah Code 78B-6-1270
Commission: means the State Tax Commission. See Utah Code 41-3-102
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.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consanguinity: means the same as that term is defined in Section Utah Code 78B-7-102
Consignee: means a dealer who accepts vehicles for sale under an agreement that the dealer will pay the consignor for any sold vehicle and will return any unsold vehicles. See Utah Code 41-3-802
Consignor: means a person who places a vehicle with a consignee for consignment sale. See Utah Code 41-3-802
Contamination claim: means a claim for which a government owner and the government owner's officers and employees have immunity under Subsection 63G-7-201(3)(b). See Utah Code 78B-6-2501
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Convicted person: means the person whose conviction or sentence is under review. See Utah Code 78B-9-502
Conviction: A judgement of guilt against a criminal defendant.
Conviction: means :
     (1)(a) a verdict or conviction;
     (1)(b) a plea of guilty or guilty with a mental condition;
     (1)(c) a plea of no contest; or
     (1)(d) the acceptance by the court of a plea in abeyance. See Utah Code 78B-7-901
Conviction Integrity Unit: means a program established by a prosecution agency to conduct extrajudicial, fact-based reviews of criminal convictions and sentences. See Utah Code 78B-9-502
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.
Counterclaim: A claim that a defendant makes against a plaintiff.
Court: means the district court or juvenile court. See Utah Code 78B-7-201
Court clerk: means a district court clerk. See Utah Code 78B-7-102
Creating local entity: means the local entity that creates or created the local building authority. See Utah Code 17D-2-102
Criminal protective order: means an order issued under Part 8, Criminal Protective Orders. See Utah Code 78B-7-102
Criminal stalking injunction: means a stalking injunction issued under Part 9, Criminal Stalking Injunctions. See Utah Code 78B-7-102
Crusher: means a person who crushes or shreds motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to reduce the useable materials and metals to a more compact size for recycling. See Utah Code 41-3-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dating partner: means an individual who:
          (10)(a)(i)
               (10)(a)(i)(A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7, Emancipation; or
               (10)(a)(i)(B) is 18 years old or older; and
          (10)(a)(ii) is, or has been, in a dating relationship with the other party. See Utah Code 78B-7-102
Dating relationship: means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy. See Utah Code 78B-7-102
Dating violence protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-402
Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102
Decedent: A deceased person.
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.
Demand letter: means a letter, email, or other written communication directed to a target and asserting or claiming that the target has engaged in patent infringement. See Utah Code 78B-6-1902
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Descendant: means an individual who follows another individual in lineage, in the direct line of descent from the other individual. See Utah Code 78B-6-1270
Determination of value: means a court order:
(4)(a) determining the fair market value of heirs' property under Section 78B-6-1274 or 78B-6-1278; or
(4)(b) adopting the valuation of the property agreed to by all the cotenants. See Utah Code 78B-6-1270
Device: means a tablet or a smart phone sold in Utah and manufactured on or after January 1 of the year following the year this bill takes effect. See Utah Code 78B-6-2202
Device: means a tablet or a smart phone manufactured on or after January 1, 2025. See Utah Code 78B-6-2601
Devise: To gift property by will.
Direct-sale manufacturer: means a person:
     (9)(a) that is both a manufacturer and a dealer;
     (9)(b) that is:
          (9)(b)(i) an electric vehicle manufacturer; or
          (9)(b)(ii) a low-volume manufacturer;
     (9)(c) that is not a franchise holder;
     (9)(d) that is domiciled in the United States; and
     (9)(e) whose chief officers direct, control, and coordinate the person's activities as a direct-sale manufacturer from a physical location in the United States. See Utah Code 41-3-102
Direct-sale manufacturer salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by a direct-sale manufacturer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of a motor vehicle manufactured by the direct-sale manufacturer who employs the individual. See Utah Code 41-3-102
Directive: means an ordinance, regulation, measure, rule, enactment, order, or policy issued, enacted, or required by a local or state governmental entity. See Utah Code 78B-6-2301
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Disease: means Human Immunodeficiency Virus infection, acute or chronic Hepatitis B infection, Hepatitis C infection, COVID-19 or another infectious disease that may cause Severe Acute Respiratory Syndrome, and any other infectious disease specifically designated by the Labor Commission, in consultation with the Department of Health and Human Services, for the purposes of this part. See Utah Code 78B-8-401
Dismantler: includes a person who dismantles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Distributor: means a person who has a franchise from a manufacturer of motor vehicles to distribute motor vehicles within this state and who in whole or in part sells or distributes new motor vehicles to dealers or who maintains distributor representatives. See Utah Code 41-3-102
Distributor branch: means a branch office similarly maintained by a distributor for the same purposes a factory branch is maintained. See Utah Code 41-3-102
Distributor representative: means a person and each officer and employee of the person engaged as a representative of a distributor or distributor branch of motor vehicles to make or promote the sale of the distributor or the distributor branch's motor vehicles, or for supervising or contacting dealers or prospective dealers of the distributor or the distributor branch. See Utah Code 41-3-102
Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102
DNA: means deoxyribonucleic acid. See Utah Code 78B-9-301
Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
Electric vehicle manufacturer: means a person that, in this state, sells, displays for sale, or offers for sale or exchange only new motor vehicles of the person's own line-make that are:
     (16)(a) exclusively propelled through the use of electricity, a hydrogen fuel cell, or another non-fossil fuel source;
     (16)(b)
          (16)(b)(i) passenger vehicles with a gross vehicle weight rating of 14,000 pounds or less; or
          (16)(b)(ii) trucks with a gross vehicle weight rating of 14,000 pounds or less; and
     (16)(c) manufactured by the person. See Utah Code 41-3-102
Emergency response provider: means an individual providing services on behalf of:
     (2)(a) a law enforcement agency;
     (2)(b) a fire suppression agency; or
     (2)(c) another agency or a political subdivision of the state. See Utah Code 78B-6-1602
Emergency services provider: means :
(4)(a) an individual licensed under Section 53-2d-402, a peace officer, local fire department personnel, or personnel employed by the Department of Corrections or by a county jail, who provide prehospital emergency care for an emergency services provider either as an employee or as a volunteer; or
(4)(b) an individual who provides for the care, control, support, or transport of a prisoner. See Utah Code 78B-8-401
Employee: means an employee in the service of an employer for compensation. See Utah Code 78B-7-1101
Employer: means a person who employs an individual in this state. See Utah Code 78B-7-1101
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.
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}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Establishing office: means the prosecution agency establishing a conviction integrity unit. See Utah Code 78B-9-502
Eviction: means a cause of action for unlawful detainer under Part 8, Forcible Entry and Detainer. See Utah Code 78B-6-850
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.
Ex parte child protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-201
Ex parte civil protective order: means an order issued without notice to the respondent under:
     (13)(a) Part 2, Child Protective Orders;
     (13)(b) Part 4, Dating Violence Protective Orders;
     (13)(c) Part 5, Sexual Violence Protective Orders;
     (13)(d) Part 6, Cohabitant Abuse Protective Orders; or
     (13)(e) Part 11, Workplace Violence Protective Orders. See Utah Code 78B-7-102
Ex parte civil stalking injunction: means a stalking injunction issued without notice to the respondent under Part 7, Civil Stalking Injunctions. See Utah Code 78B-7-102
Ex parte cohabitant abuse protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-601
Ex parte dating violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-402
Ex parte sexual violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-502
Ex parte workplace violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-1101
Exposed individual: means an individual whose exposure to asbestos is the basis for the asbestos action. See Utah Code 78B-6-2401
Expunge: means to seal or otherwise restrict access to records held by a court or an agency. See Utah Code 78B-6-850
Expunge: means to seal or otherwise restrict access to an individual's record held by an agency when the record includes a civil order. See Utah Code 78B-7-1001
Factory branch: means a branch office maintained by a person who manufactures or assembles motor vehicles for sale to distributors, motor vehicle dealers, or who directs or supervises the factory branch's representatives. See Utah Code 41-3-102
Factory representative: means a person and each officer and employee of the person engaged as a representative of a manufacturer of motor vehicles or by a factory branch to make or promote the sale of the manufacturer's or factory branch's motor vehicles, or for supervising or contacting the dealers or prospective dealers of the manufacturer or the factory branch. See Utah Code 41-3-102
Factually innocent: means the same as that term is defined in Section Utah Code 78B-9-301
factually innocent: means a person did not:
     (2)(a) engage in the conduct for which the person was convicted;
     (2)(b) engage in conduct relating to any lesser included offenses of the crime for which the person was convicted; or
     (2)(c) commit any other felony arising out of or reasonably connected to the facts supporting the indictment or information upon which the person was convicted. See Utah Code 78B-9-401.5
Factually innocent: means the same as that term is defined in Section Utah Code 78B-9-502
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.
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fiduciary: A trustee, executor, or administrator.
Filter: means software installed on a device that is capable of preventing the device from accessing or displaying material that is harmful to minors through the Internet or any applications owned and controlled by the manufacturer and installed on the device. See Utah Code 78B-6-2202
Filter: means generally accepted and commercially reasonable software used on a device that is capable of preventing the device from accessing or displaying obscene material through Internet browsers or search engines owned or controlled by the manufacturer in accordance with prevailing industry standards including blocking known websites linked to obscene content via mobile data networks, wired Internet networks, and wireless Internet networks. See Utah Code 78B-6-2601
Firearm: means the same as that term is defined in Section 53-5a-102. See Utah Code 78B-6-2301
First aid volunteer: means a person who provides voluntary emergency assistance or first aid medical care to an injured person prior to the arrival of an emergency medical services provider or peace officer. See Utah Code 78B-8-401
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.
Fleet transaction: means a licensee's sale of one or more motor vehicles to a manufacturer-approved current fleet customer under the manufacturer's fleet program. See Utah Code 41-3-102
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Foreign protection order: means the same as that term is defined in Section 78B-7-302. See Utah Code 78B-7-102
Foreign protection order: means a protection order issued by a tribunal of another state. See Utah Code 78B-7-302
Franchise: includes a contract or agreement described in Subsection (20)(a) regardless of whether the contract or agreement is subject to Title 13, Chapter 14, New Automobile Franchise Act, Title 13, Chapter 35, Powersport Vehicle Franchise Act, or neither. See Utah Code 41-3-102
Franchise holder: means a manufacturer who:
          (21)(a)(i) previously had a franchised dealer in the United States;
          (21)(a)(ii) currently has a franchised dealer in the United States;
          (21)(a)(iii) is a successor to another manufacturer who previously had or currently has a franchised dealer in the United States;
          (21)(a)(iv) is a material owner of another manufacturer who previously had or currently has a franchised dealer in the United States;
          (21)(a)(v) is under legal or common ownership, or practical control, with another manufacturer who previously had or currently has a franchised dealer in the United States; or
          (21)(a)(vi) is in a partnership, joint venture, or similar arrangement for production of a commonly owned line-make with another manufacturer who previously had or currently has a franchised dealer in the United States. See Utah Code 41-3-102
Fraud: Intentional deception resulting in injury to another.
FVC: means the maximal volume of air expired with maximum effort from a position of full inspiration. See Utah Code 78B-6-2401
Genetic genealogy database utilization: means the same as that term is defined in Section Utah Code 78B-9-301
Governing body: means :
     (4)(a) for a county, city, or town, the legislative body of the county, city, or town;
     (4)(b) for a school district, the local school board for the school district;
     (4)(c) for a special district, the special district's board of trustees; and
     (4)(d) for a special service district, the special service district's governing body, as defined in Section 17D-1-102. See Utah Code 17D-2-102
Government owner: means the same as that term is defined in Subsection 63G-7-201(3). See Utah Code 78B-6-2501
Grantor: The person who establishes a trust and places property into it.
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: 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
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Harmful to minors: means the same as that term is defined in Section 76-10-1201. See Utah Code 78B-6-2202
Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 78B-8-401
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
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
Household animal: means an animal that is tamed and kept as a pet. See Utah Code 78B-7-102
ILO system: means the system for the classification of chest x-rays provided in the International Labour Office's Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401
Immediate family: means the same as that term is defined in Section Utah Code 78B-7-901
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Internet: means the same as that term is defined in Section 13-40-102. See Utah Code 78B-6-2202
Internet: means the same as that term is defined in Section 13-40-102. See Utah Code 78B-6-2601
Intestate: Dying without leaving a will.
Intimate partner: means the same as that term is defined in Utah Code 78B-7-102
Investigative genetic genealogy service: means the same as that term is defined in Section Utah Code 78B-9-301
Issuing state: means the state whose tribunal issues a protection order. See Utah Code 78B-7-302
Jail release agreement: includes a written agreement that includes the conditions described in Section (1)(a) entered into by a minor who is taken into custody or placed in detention or a shelter facility under Section 80-6-201. See Utah Code 78B-7-801
Jail release court order: means a written court order that:
     (2)(a) orders an arrested or cited individual not to engage in any of the following:
          (2)(a)(i) telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly;
          (2)(a)(ii) threatening or harassing the alleged victim; or
          (2)(a)(iii) knowingly entering onto the premises of the alleged victim's residence or on premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or the law enforcement officer's employing agency notifies or attempts to notify the alleged victim, the individual enters the premises while accompanied by a law enforcement officer for the purpose of retrieving the individual's personal belongings; and
     (2)(b) specifies other conditions of release from jail. See Utah Code 78B-7-801
Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
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.
Juror: A person who is on the jury.
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 enforcement agency: means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision. See Utah Code 78B-7-102
Law enforcement officer: is a s defined in Section 53-13-103. See Utah Code 78B-6-1602
Law firm: means a person that employs a lawyer. See Utah Code 78B-6-2401
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Lawyer: means an individual who is authorized to provide legal services in any state or territory of the United States. See Utah Code 78B-6-2401
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}
Legatee: A beneficiary of a decedent
Legislative firearm preemption: means the preemption provided for in Sections 53-5a-102 and 76-10-500. See Utah Code 78B-6-2301
Legitimacy: means consistent with the United States and Utah constitutions, federal and state law, and all rules and principles of a fair and just legal system. See Utah Code 78B-9-502
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.
Line-make: means motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer. See Utah Code 41-3-102
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local entity: means a county, city, town, school district, special district, or special service district. See Utah Code 17D-2-102
Local entity: means the political subdivision for which an emergency response provider provides emergency services. See Utah Code 78B-6-1602
Local or state governmental entity: means :
(4)(a) a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state, including the Utah Board of Higher Education, each institution of higher education, and the boards of trustees of each higher education institution; or
(4)(b) a county, city, town, special district, local education agency, public school, school district, charter school, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 78B-6-2301
Low-volume manufacturer: means a manufacturer who:
     (22)(a) in this state, sells, displays for sale, or offers for sale or exchange only new motor vehicles of the person's own line make that are:
          (22)(a)(i)
               (22)(a)(i)(A) passenger vehicles with a gross vehicle weight rating of 14,000 pounds or less; or
               (22)(a)(i)(B) trucks with a gross vehicle weight rating of 14,000 pounds or less; and
          (22)(a)(ii) manufactured by the person; and
     (22)(b) constructs no more than 325 new motor vehicles in any 12-month period. See Utah Code 41-3-102
Manufacturer: means a person engaged in the business of constructing or assembling new motor vehicles, ownership of which is customarily transferred by a manufacturer's statement or certificate of origin, or a person who constructs three or more new motor vehicles in any 12-month period. See Utah Code 41-3-102
Manufacturer: includes a registrant as that term is defined in Section 70-3a-103. See Utah Code 78B-6-2202
Manufacturer: means a person that:
     (5)(a)
          (5)(a)(i) is engaged in the business of manufacturing a device;
          (5)(a)(ii) holds the patents for the device the person manufactures; or
          (5)(a)(iii) holds the patents for the operating system on a device; and
     (5)(b) has a commercial registered agent as that term is defined in Section 16-17-102. See Utah Code 78B-6-2601
Material owner: means a person who possesses, directly or indirectly, the power to direct, or cause the direction of, the management, policies, or activities of another person:
     (25)(a) through ownership of voting securities;
     (25)(b) by contract or credit arrangement; or
     (25)(c) in another way not described in Subsections (25)(a) and (b). See Utah Code 41-3-102
Mediation: means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. See Utah Code 78B-10-102
Mediation communication: means conduct or a statement, whether oral, in a record, verbal, or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator. See Utah Code 78B-10-102
Mediation party: means a person that participates in a mediation and whose agreement is necessary to resolve the dispute. See Utah Code 78B-10-102
Mediator: means an individual who is neutral and conducts a mediation. See Utah Code 78B-10-102
Medical testing procedure: means a nasopharyngeal swab, a nasal swab, a capillary blood sample, a saliva test, or a blood draw. See Utah Code 78B-8-401
Minor: means an individual under the age of 18 years old. See Utah Code 78B-6-1602
Minor: means an individual less than 18 years of age. See Utah Code 78B-6-2101
Minor: means an individual under the age of 18 who is not emancipated, married, or a member of the armed forces of the United States. See Utah Code 78B-6-2202
Minor: means an individual under the age of 18 who is not emancipated, married, or a member of the armed forces of the United States. See Utah Code 78B-6-2601
Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-7-801
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.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Motor vehicle: means a vehicle that is:
          (26)(a)(i) self-propelled;
          (26)(a)(ii) a trailer;
          (26)(a)(iii) a travel trailer;
          (26)(a)(iv) a semitrailer;
          (26)(a)(v) an off-highway vehicle; or
          (26)(a)(vi) a small trailer. See Utah Code 41-3-102
Motorcycle: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
Mutual foreign protection order: means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. See Utah Code 78B-7-302
New motor vehicle: means a motor vehicle that:
(28)(a) has never been titled or registered; and
(28)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 41-3-102
Newly discovered material evidence: means evidence that was not available to the petitioner at trial or during the resolution on the merits by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence, and may also include:
(3)(a) evidence which was discovered prior to or in the course of any appeal or postconviction proceedings that served in whole or in part as the basis for vacatur or reversal of the conviction of petitioner; or
(3)(b) evidence that supports the claims within a petition filed under Part 1, General Provisions, which is pending at the time of the court's determination of factual innocence. See Utah Code 78B-9-401.5
Newly discovered material evidence: means the same as that term is defined in Section Utah Code 78B-9-502
Nonmalignant condition: means a condition that may be caused by asbestos other than a diagnosed cancer. See Utah Code 78B-6-2401
Nonparty participant: means a person, other than a party or mediator, that participates in a mediation. See Utah Code 78B-10-102
Notice: means a notice of the pendency of an action filed under Section 78B-6-1303. See Utah Code 78B-6-1302
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.
Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-3-102
Offense against a child or vulnerable adult: means the commission or attempted commission of an offense described in:
(4)(a) Section 76-5-109, child abuse;
(4)(b) Section Utah Code 78B-7-801
Operating system: means software that manages all of the other application
programs on a device. See Utah Code 78B-6-2601
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Oversight: Committee review of the activities of a Federal agency or program.
Partition by sale: means a court-ordered sale of the entire heirs' property, whether by an auction, sealed bids, or an open-market sale conducted under Section 78B-6-1278. See Utah Code 78B-6-1270
Partition in kind: means the division of heirs' property into physically distinct and separately titled parcels. See Utah Code 78B-6-1270
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.
Password: means a string of characters or other secure method used to enable, deactivate, modify, or uninstall a filter on a device. See Utah Code 78B-6-2601
Pathological evidence of asbestosis: means a statement by a board-certified physician in pathology that more than one representative section of lung tissue demonstrates a pattern of peribronchiolar or parenchymal scarring in the presence of characteristic asbestos bodies and there is no other more likely explanation for the presence of the fibrosis. See Utah Code 78B-6-2401
Pawnbroker: means a person whose business is to lend money on security of personal property deposited with him. See Utah Code 41-3-102
Peace officer: means those individuals specified in Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 78B-7-102
Peace officer: means the same as that term is defined in Section 53-1-102. See Utah Code 78B-8-401
Period of incarceration: means any sentence of imprisonment, including jail, which was served after judgement of conviction. See Utah Code 78B-9-401.5
Person: means an individual, corporation, estate, trust, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-10-102
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
Petitioner: means an individual petitioning for expungement of a civil order under this part. See Utah Code 78B-7-1001
Petitioning prosecutor: means the prosecutor who files a civil petition seeking relief under this part. See Utah Code 78B-9-502
Plaintiff: The person who files the complaint in a civil lawsuit.
Plaintiff: means :
(22)(a) the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate; or
(22)(b) a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual. See Utah Code 78B-6-2401
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.
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.
Plethysmography: means the test for determining lung volume in which the exposed individual is enclosed in a chamber equipped to measure pressure, flow, or volume change. See Utah Code 78B-6-2401
Pornographic material: means material that:
     (2)(a) the average person, applying contemporary community standards, finds that, taken as a whole, appeals to prurient interest in sex;
     (2)(b) is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and
     (2)(c) taken as a whole does not have serious literary, artistic, political, or scientific value. See Utah Code 78B-6-2101
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.
Predicted lower limit of normal: means the fifth percentile of healthy populations based on age, height, and gender as referenced in the AMA guides. See Utah Code 78B-6-2401
Principal place of business: means a site or location in this state:
          (31)(a)(i) devoted exclusively to the business for which the dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses incidental to them;
          (31)(a)(ii) sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicate the boundary and to admit a definite description with space adequate to permit the display of three or more new, or new and used, or used motor vehicles and sufficient parking for the public; and
          (31)(a)(iii) that includes a permanent enclosed building or structure large enough to accommodate the office of the establishment and to provide a safe place to keep the books and other records of the business, at which the principal portion of the business is conducted and the books and records kept and maintained. See Utah Code 41-3-102
Prisoner: means the same as that term is defined in Section 76-5-101. See Utah Code 78B-8-401
Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
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.
Proceeding: means :
(7)(a) a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or
(7)(b) a legislative hearing or similar process. See Utah Code 78B-10-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Project: means an improvement, facility, property, or appurtenance to property that a local entity is permitted under law to own or acquire, whether located inside or outside the local entity's boundary, including:
(8)(a) a public building or other structure of any kind; and
(8)(b) a joint or partial interest in the improvement, facility, property, or appurtenance to property. See Utah Code 17D-2-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
Prosecution agency: means a county attorney, district attorney, the Office of the Attorney General, or other prosecution agency. See Utah Code 78B-9-502
Prospective defendant: means a person that is an owner, lessor, or operator of a public accommodation, or a designated agent of the owner, lessor, or operator for service of process. See Utah Code 78B-8-701
Prospective plaintiff: means an individual with a disability who may bring a cause of action under the Americans with Disabilities Act, Utah Code 78B-8-701
Protected individual: means an individual protected by a protection order. See Utah Code 78B-7-302
Protection order: means an injunction or other order, issued by a tribunal under the domestic violence, family-violence, or anti-stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual. See Utah Code 78B-7-302
Protective order: means :
(5)(a) a child protective order; or
(5)(b) an ex parte child protective order. See Utah Code 78B-7-201
Protective order: means :
(3)(a) a dating violence protective order; or
(3)(b) an ex parte dating violence protective order. See Utah Code 78B-7-402
Protective order: means :
(2)(a) a sexual violence protective order; or
(2)(b) an ex parte sexual violence protective order. See Utah Code 78B-7-502
Protective order: means :
(3)(a) a cohabitant abuse protective order; or
(3)(b) an ex parte cohabitant abuse protective order. See Utah Code 78B-7-601
Protective order: means :
(4)(a) a workplace violence protective order; or
(4)(b) an ex parte workplace violence protective order. See Utah Code 78B-7-1101
Public accommodation: means the same as that term is defined in Utah Code 78B-8-701
Pulmonary function testing: means spirometry, lung volume testing, and diffusion capacity testing, including appropriate measurements, quality control data, and graphs, that are performed in accordance with the methods of calibration and techniques provided in the AMA guides and the ATS testing standards in effect at the time of the performance of a test on an exposed individual. See Utah Code 78B-6-2401
Qualified physician: means a licensed physician who:
     (26)(a) is a board-certified physician in internal medicine, a board-certified physician in occupational medicine, a board-certified physician in pathology, or a board-certified physician in pulmonary medicine, as is appropriate to the diagnostic specialty in question;
     (26)(b)
          (26)(b)(i) conducted a physical examination of the exposed individual and took a detailed occupational, exposure, medical, smoking, and social history from the exposed individual; or
          (26)(b)(ii) if the exposed individual is deceased, reviewed the pathology material and took a detailed history from the individual most knowledgeable about the information forming the basis of the asbestos action;
     (26)(c)
          (26)(c)(i) treated the exposed individual and had a physician-patient relationship with the exposed individual at the time of the physical examination; or
          (26)(c)(ii) if the licensed physician is a board-certified physician in pathology, examined tissue samples or pathological slides of the exposed individual;
     (26)(d) prepared or directly supervised the preparation and final review of a medical report under this part; and
     (26)(e) has not relied on any examinations, tests, radiographs, reports, or opinions of a doctor, clinic, laboratory, or testing company that performed an examination, test, radiograph, or screening of the exposed individual in violation of a law, regulation, licensing requirement, or medical ethics requirement of the state in which the examination, test, radiograph, or screening of the exposed individual was conducted. See Utah Code 78B-6-2401
Qualifying domestic violence offense: means the same as that term is defined in Section Utah Code 78B-7-102
Qualifying offense: means :
     (5)(a) domestic violence;
     (5)(b) an offense against a child or vulnerable adult; or
     (5)(c) the commission or attempted commission of an offense described in Section Utah Code 78B-7-801
Radiological evidence of diffuse bilateral pleural thickening: means a quality 1 or 2 chest x-ray showing diffuse bilateral pleural thickening of at least b2 on the ILO system and blunting of at least one costophrenic angle as classified by a certified B reader. See Utah Code 78B-6-2401
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 78B-10-102
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 78B-6-1270
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Relative: means an ascendant, a descendant, a collateral, or an individual otherwise related to another individual by blood, marriage, adoption, or a law of this state other than this part. See Utah Code 78B-6-1270
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.
Remanufacturer: means a person who reconstructs used motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to change the body style and appearance of the motor vehicle or who constructs or assembles motor vehicles from used or new and used motor vehicle parts, or who reconstructs, constructs, or assembles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
Respondent: means the individual against whom enforcement of a protection order is sought. See Utah Code 78B-7-302
response costs: means the actual costs directly associated with an emergency response provider responding to, remaining at, or otherwise dealing with an underage drinking gathering, including:
(6)(a)(i) the costs of medical treatment to or for an emergency response provider injured because of an activity described in this Subsection (6)(a); and
(6)(a)(ii) the cost of repairing damage to equipment or property of a local entity that is attributable to an activity described in this Subsection (6)(a). See Utah Code 78B-6-1602
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Retailer: includes an employee of a retailer acting in the course and scope of the employee's employment. See Utah Code 78B-6-2601
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by any new motor vehicle dealer or used motor vehicle dealer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of motor vehicles. See Utah Code 41-3-102
Semitrailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
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.
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
Sexual violence: means the commission or the attempt to commit:
(3)(a) any sexual offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or Title 76, Chapter 5b, Part 2, Sexual Exploitation;
(3)(b) human trafficking for sexual exploitation under Section Utah Code 78B-7-502
Sexual violence protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-502
Showroom: means a site or location in the state that a direct-sale manufacturer uses for the direct-sale manufacturer's business, including the display and demonstration of new motor vehicles that are exclusively of the same line-make that the direct-sale manufacturer manufactures. See Utah Code 41-3-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Small business: means a commercial or business entity, including a sole proprietorship, which does not have more than 250 employees, but does not include an entity which is a subsidiary or affiliate of another entity which is not a small business. See Utah Code 78B-8-503
Small trailer: means a trailer that has an unladen weight of:
(36)(a) more than 750 pounds; and
(36)(b) less than 2,000 pounds. See Utah Code 41-3-102
Smart phone: means the same as that term is defined in Section Utah Code 78B-6-2202
Smart phone: means the same as that term is defined in Section Utah Code 78B-6-2601
Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 17D-2-102
Special equipment: includes a truck mounted crane, cherry picker, material lift, post hole digger, and a utility or service body. See Utah Code 41-3-102
Special equipment dealer: means a new or new and used motor vehicle dealer engaged in the business of buying new incomplete motor vehicles with a gross vehicle weight of 12,000 or more pounds and installing special equipment on the incomplete motor vehicle. See Utah Code 41-3-102
Special service district: means a limited purpose local government entity, as described in Section 17D-1-103, that:
(12)(a) is created under authority of the Utah Constitution Article XI, § 7; and
(12)(b) operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-1-102
Special service district: means the same as that term is defined in Section 17D-1-102. See Utah Code 17D-2-102
Spirometry: means a test of air capacity of the lung through a spirometer that measures the volume of air inspired and expired. See Utah Code 78B-6-2401
Sponsor: means the party or parties responsible for distribution of a demand letter. See Utah Code 78B-6-1902
Stalking: means the same as that term is defined in Section Utah Code 78B-7-102
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-7-302
State: means any department, board, institution, hospital, college, or university of the state of Utah or any political subdivision thereof, except with respect to actions brought under Title 76, Chapter 10, Part 31, Utah Antitrust Act. See Utah Code 78B-8-503
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.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
Supporting test results: means a report by a certified B reader, x-ray examinations, diagnostic imaging of the chest, pathology reports, pulmonary function testing, and other tests, which are reviewed by the diagnosing physician or qualified physician in reaching the physician's conclusions. See Utah Code 78B-6-2401
Swear: includes "affirm. See Utah Code 68-3-12.5
Sworn declaration: means the same as that term is defined in Section 78B-18a-102. See Utah Code 78B-6-2401
Tablet: means a mobile device that:
(9)(a) is equipped with a mobile operating system, touchscreen display, and rechargeable battery; and
(9)(b) has the ability to support access to a cellular network. See Utah Code 78B-6-2202
Tablet: means a mobile device that:
(12)(a) is equipped with a mobile operating system, touchscreen display, and rechargeable battery; and
(12)(b) has the ability to support access to a cellular network. See Utah Code 78B-6-2601
Target: means a person or entity residing in, incorporated in, or organized under the laws of this state that has received a demand letter and includes the customers, distributors, and agents of the person or entity. See Utah Code 78B-6-1902
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
Tenant screening agency: means a person that, for a fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating information for the purpose of furnishing a tenant screening report. See Utah Code 78B-6-850
Tenant screening report: means any written, oral, or other communication prepared by a tenant screening agency that includes information about an individual's rental history for the purpose of serving as a factor in establishing the individual's eligibility for housing. See Utah Code 78B-6-850
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Timed gas dilution: means a method for measuring total lung capacity in which the individual breaths into a spirometer containing a known concentration of an inert and insoluble gas for a specific time and the concentration of that inert and insoluble gas in the lung is compared to the concentration of that type of gas in the spirometer. See Utah Code 78B-6-2401
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.
Total lung capacity: means the volume of gas contained in the lungs at the end of the maximal inspiration. See Utah Code 78B-6-2401
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Trailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
Transporter: means a person engaged in the business of transporting motor vehicles as described in Section 41-3-202. See Utah Code 41-3-102
Travel trailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Tribunal: means a court, agency, or other entity authorized by law to issue or modify a protection order. See Utah Code 78B-7-302
Trust claims materials: means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including:
     (34)(a) claims forms and supplementary materials;
     (34)(b) affidavits;
     (34)(c) depositions and trial testimony;
     (34)(d) work history;
     (34)(e) medical and health records;
     (34)(f) documents reflecting the status of a claim against an asbestos trust; and
     (34)(g) all documents relating to the settlement of the trust claim if the trust claim has settled. See Utah Code 78B-6-2401
Trust governance documents: means all documents that relate to eligibility and payment levels, including:
(35)(a) claims payment matrices; and
(35)(b) trust distribution procedures or plans for reorganization for an asbestos trust. See Utah Code 78B-6-2401
Trustee: A person or institution holding and administering property in trust.
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Underage drinking gathering: means a gathering of two or more individuals:
(7)(a) at which an individual knowingly serves, aids in the service of, or allows the service of an alcoholic beverage to an underage person; and
(7)(b) to which an emergency response provider is required to respond, except for a response related solely to providing medical care at the location of the gathering. See Utah Code 78B-6-1602
Underage person: means an individual under the age of 21 years old. See Utah Code 78B-6-1602
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unlawful detainer: means the same as that term is defined in Section 78B-6-801. See Utah Code 78B-6-850
unreasonably dangerous: means that the product was dangerous to an extent beyond which would be contemplated by the ordinary and prudent buyer, consumer, or user of that product in that community considering the product's characteristics, propensities, risks, dangers, and uses together with any actual knowledge, training, or experience possessed by that particular buyer, user, or consumer. See Utah Code 78B-6-702
Used motor vehicle: means a vehicle that:
(42)(a) has been titled and registered to a purchaser other than a dealer; or
(42)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 41-3-102
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
Verdict: The decision of a petit jury or a judge.
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
Veterans benefits: means a program for benefits in connection with military service administered by the United States Department of Veterans Affairs under United States Code, Title 38, Veterans Benefits. See Utah Code 78B-6-2401
Video game console: means a discrete computing system, including the system's components and peripherals, primarily used for playing video games, but does not include a smartphone or tablet. See Utah Code 78B-6-2601
Wholesale motor vehicle auction: means a dealer primarily engaged in the business of auctioning consigned motor vehicles to dealers or dismantlers who are licensed by this or any other jurisdiction. See Utah Code 41-3-102
Workplace violence: means knowingly causing or threatening to cause bodily injury to, or significant damage to the property of, a person, if:
     (5)(a) the person is:
          (5)(a)(i) an employer; or
          (5)(a)(ii) an employee performing the employee's duties as an employee; and
     (5)(b)
          (5)(b)(i) the action would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed; or
          (5)(b)(ii) the threat:
               (5)(b)(ii)(A) would cause a reasonable person to fear that the threat will be carried out; and
               (5)(b)(ii)(B) if carried out, would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. See Utah Code 78B-7-1101
Workplace violence protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-1101
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
Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
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