Terms Used In Utah Code > Title 75A > Chapter 2 > Part 1 - General Provisions

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agent: includes an original agent, coagent, successor agent, and person to which an agent's authority is delegated. See Utah Code 75A-2-102
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Beneficiary: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-2-102
• 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}
• Conservator: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-2-102
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Descendant: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-2-102
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75A-2-102
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Estate: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-2-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-2-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means honesty in fact. See Utah Code 75A-2-102
• 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: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-2-102
• Incapacity: means the inability of an individual to manage property or business affairs because the individual:
       (14)(a) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
       (14)(b) is:

            (14)(b)(i) missing;

            (14)(b)(ii) detained, including incarcerated in a penal system; or

            (14)(b)(iii) outside the United States and unable to return. See Utah Code 75A-2-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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.
• 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 an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 75A-2-102
• Personal representative: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-2-102
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See Utah Code 75A-2-102
• Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75A-2-102
• Probate: Proving a will
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein. See Utah Code 75A-2-102
• 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 75A-2-102
• Security: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-2-102
• Sign: means , with present intent to authenticate or adopt a record:
       (26)(a) to execute or adopt a tangible symbol; or
       (26)(b) to attach to or logically associate with the record an electronic sound, symbol, or process. See Utah Code 75A-2-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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 75A-2-102
• Statute: A law passed by a legislature.
• Trust: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-2-102
• 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