Terms Used In Utah Code > Title 41 > Chapter 3 > Part 3 - Temporary Permits

• 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
• 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: 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
• Allegation: something that someone says happened.
• 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.
• 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
• 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.
• 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
• 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
• Commission: means the State Tax Commission. See Utah Code 41-3-102
• Contract: A legal written agreement that becomes binding when signed.
• 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: A judgement of guilt against a criminal defendant.
• 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
• Criminal stalking injunction: means a stalking injunction issued under Part 9, Criminal Stalking Injunctions. See Utah Code 78B-7-102
• 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 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
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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
• Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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 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
• Foreign protection order: means the same as that term is defined in Section 78B-7-302. See Utah Code 78B-7-102
• 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
• Household animal: means an animal that is tamed and kept as a pet. See Utah Code 78B-7-102
• Immediate family: means the same as that term is defined in Section Utah Code 78B-7-901
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intimate partner: means the same as that term is defined in Utah Code 78B-7-102
• 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
• 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.
• 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
• 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
• Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-7-801
• 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
• 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
• 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.
• 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
• 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
• 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
• Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Service of process: The service of writs or summonses to the appropriate party.
• 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
• Stalking: means the same as that term is defined in Section Utah Code 78B-7-102
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Verdict: The decision of a petit jury or a judge.
• 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
• 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