Utah Code > Title 76 > Chapter 1 > Part 5 – Burden of Proof


§ 76-1-501	Presumption of innocence — “Element of the offense” defined
§ 76-1-502	Negating defense by allegation or proof — When not required
§ 76-1-503	Presumption of fact
§ 76-1-504	Affirmative defense presented by defendant

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Allegation: something that someone says happened.
Conduct: means an act or omission. See Utah Code 76-1-101.5
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
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.
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.
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.
Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Venue: The geographical location in which a case is tried.