Terms Used In Utah Code > Title 4 > Chapter 1 - General Provisions

• Advertisement: means a representation, other than by labeling, made to induce the purchase of food. See Utah Code 4-5-102
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agency: means any administrative unit of Utah's state government or local government. See Utah Code 9-8-802
• Agent: means a person who, on behalf of a dealer, purchaser, or livestock market, as defined in Section 4-30-102, solicits or negotiates the consignment or purchase of livestock. See Utah Code 4-7-103
• Antiquities Section: means the Antiquities Section of the office created in Section 9-8a-304. See Utah Code 9-8a-302
• 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.
• Archaeological resources: means all material remains and their associations, recoverable or discoverable through excavation or survey, that provide information pertaining to the historic or prehistoric peoples of the state. See Utah Code 9-8a-302
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bequest: Property gifted by will.
• Board: means the Board of State History created in Section 9-8-204. See Utah Code 9-8a-101
• Board: means the State Library Board created in Section 9-7-204. See Utah Code 9-7-101
• Board: means the Board of State History. See Utah Code 9-8-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Collection: means a specimen and the associated records documenting the specimen and the specimen's recovery. See Utah Code 9-8a-302
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• Committee: means the National Register Review Committee created in Section 9-8a-204. See Utah Code 9-8a-101
• Consignor: means a person who ships or delivers livestock to a dealer for handling or sale. See Utah Code 4-7-103
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Curation: means management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions, and providing access to and facilities for studying collections. See Utah Code 9-8a-302
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: includes :
            (3)(b)(i) a livestock dealer; and
            (3)(b)(ii) a person who owns or leases a feedlot. See Utah Code 4-7-103
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
• Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
• Devise: To gift property by will.
• Director: means the director of the Utah Historical Society. See Utah Code 9-8-102
• Division: means the State Library Division. See Utah Code 9-7-101
• Documentary materials: means written or documentary information contained in published materials, manuscript collections, archival materials, photographs, sound recordings, motion pictures, and other written, visual, and aural materials, except government records. See Utah Code 9-8-102
• Donor: The person who makes a gift.
• endowment care cemetery: means a cemetery or mausoleum for crypt or vault interments, columbarium for permanent cinerary interments, or any other place providing lots or other interment space for the remains of human bodies that:
       (2)(a) represents to the public that it will care for, maintain, and embellish its property to preserve it from becoming unkempt and a place of reproach and desolation in the community in which it is located; and
       (2)(b) collects funds for the purpose stated in Subsection (2)(a). See Utah Code 8-4-1
• Endowment fund: means any history endowment fund created under this part by a qualifying organization. See Utah Code 9-8-701
• 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.
• Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Food: means :
       (8)(a) an article used for food or drink for human or animal consumption or the components of the article;
       (8)(b) chewing gum or chewing gum components; or
       (8)(c) a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition. See Utah Code 4-5-102
• Food establishment: means a grocery store, bakery, candy factory, food processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour mill, cold or dry warehouse storage, or other facility where food products are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale. See Utah Code 4-5-102
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Historic property: means any prehistoric or historic district, site, building, structure, or specimen included in, or eligible for inclusion in, the National Register of Historic Places or the State Register. See Utah Code 9-8a-302
• Historical artifacts: means objects produced or shaped by human efforts, a natural object deliberately selected and used by a human, an object of aesthetic interest, and any human-made objects produced, used, or valued by the historic peoples of Utah. See Utah Code 9-8-102
• Immediate resale: means the resale of livestock within 60 days of purchase. See Utah Code 4-7-103
• Indian tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-8a-302
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Label: means a written, printed, or graphic display on the immediate container of an article of food. See Utah Code 4-5-102
• Labeling: means a label and other written, printed, or graphic display:
       (12)(a) on an article of food or the article of food's container or wrapper; or
       (12)(b) accompanying the article of food. See Utah Code 4-5-102
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Library board: means the library board of directors appointed locally as authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for library services within a city or county of the state, regardless of the title by which the board is known locally. See Utah Code 9-7-101
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: means cattle, swine, equines, sheep, camelidae, ratites, bison, goats, and domesticated elk as defined in Section 4-39-102. See Utah Code 4-7-103
• Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
• Livestock dealer: means a person engaged in the business of purchasing livestock for immediate resale or interstate shipment for immediate resale. See Utah Code 4-7-103
• Man: means an adult human male. See Utah Code 68-3-12.5
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Museum: means the Utah Museum of Natural History. See Utah Code 9-8a-302
• Museum of Utah: means the Museum of Utah created in Section 9-8-209. See Utah Code 9-8-102
• Office: means the State Historic Preservation Office created in Section 9-8a-201. See Utah Code 9-8a-101
• Officer: means the state historic preservation officer, appointed in accordance with Section 9-8a-202. See Utah Code 9-8a-101
• Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
• Package: means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of the consumer commodity to retail purchasers. See Utah Code 4-5-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
• 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: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Producer: means a person who is primarily engaged in the business of raising livestock for profit. See Utah Code 4-7-103
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Qualifying organization: means any Utah nonprofit history organization or local government that qualifies under this chapter to create an endowment fund, receive state money into the endowment fund, match state money deposited into the endowment fund, and expend interest earned on the endowment fund. See Utah Code 9-8-701
• Quorum: The number of legislators that must be present to do business.
• Registration: means the commissioner's issuance of a certificate to a qualified food establishment. See Utah Code 4-5-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reposited materials: means materials of historical, artistic, literary, or scientific value that are deposited in a collecting institution. See Utah Code 9-8-802
• Repository: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8a-302
• Service of process: The service of writs or summonses to the appropriate party.
• Site: means any petroglyphs, pictographs, structural remains, or geographic location that is the source of archaeological resources or specimens. See Utah Code 9-8a-302
• Society: means the Utah Historical Society created in Section 9-8-201. See Utah Code 9-8-102
• Specimen: means all man-made artifacts and remains of an archaeological or anthropological nature found on or below the surface of the earth, excluding structural remains. See Utah Code 9-8a-302
• 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.
• Survey: means a surface investigation for archaeological resources that may include:
       (19)(a) insubstantial surface collection of archaeological resources; and
       (19)(b) limited subsurface testing that disturbs no more of a site than is necessary to determine the nature and extent of the archaeological resources or whether the site is a historic property. See Utah Code 9-8a-302
• 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.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• 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.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Venue: The geographical location in which a case is tried.
• 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