Terms Used In Utah Code > Title 78B > Chapter 19 - Utah Uniform Collaborative Law Act

• Arrest: Taking physical custody of a person by lawful authority.
• 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.
• Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
• Bus: means a motor vehicle:
            (6)(a)(i) designed for carrying more than 15 passengers and used for the transportation of persons; or
            (6)(a)(ii) designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102
• Conviction: means any conviction arising from a separate episode of driving for a violation of:
            (2)(a)(i) driving under the influence under Section 41-6a-502;
            (2)(a)(ii)

                 (2)(a)(ii)(A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or

                 (2)(a)(ii)(B) for an offense committed on or after July 1, 2008, impaired driving under Section Utah Code 41-6a-501
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Public Safety. See Utah Code 41-6a-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Electric assisted bicycle: means a bicycle with an electric motor that:
            (18)(a)(i) has a power output of not more than 750 watts;
            (18)(a)(ii) has fully operable pedals;
            (18)(a)(iii) has permanently affixed cranks that were installed at the time of the original manufacture;
            (18)(a)(iv) is fully operable as a bicycle without the use of the electric motor; and
            (18)(a)(v) is one of the following:

                 (18)(a)(v)(A) a class 1 electric assisted bicycle;

                 (18)(a)(v)(B) a class 2 electric assisted bicycle;

                 (18)(a)(v)(C) a class 3 electric assisted bicycle; or

                 (18)(a)(v)(D) a programmable electric assisted bicycle. See Utah Code 41-6a-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.
• Freeway: means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102. See Utah Code 41-6a-102
• Golf cart: means a device that:
            (24)(a)(i) is designed for transportation by players on a golf course;
            (24)(a)(ii) has not less than three wheels in contact with the ground;
            (24)(a)(iii) has an unladen weight of less than 1,800 pounds;
            (24)(a)(iv) is designed to operate at low speeds; and
            (24)(a)(v) is designed to carry not more than six persons including the driver. See Utah Code 41-6a-102
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
• Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
• Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-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.
• Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
• Limited access highway: means a highway:
       (34)(a) that is designated specifically for through traffic; and
       (34)(b) over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement, or have only a limited right or easement of access, light, air, or view. See Utah Code 41-6a-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Motor assisted scooter: means a self-propelled device with:
            (42)(a)(i) at least two wheels in contact with the ground;
            (42)(a)(ii) a braking system capable of stopping the unit under typical operating conditions;
            (42)(a)(iii) an electric motor not exceeding 2,000 watts;
            (42)(a)(iv) either:

                 (42)(a)(iv)(A) handlebars and a deck design for a person to stand while operating the device; or

                 (42)(a)(iv)(B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;
            (42)(a)(v) a design for the ability to be propelled by human power alone; and
            (42)(a)(vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102
• motor vehicle: includes :
                 (1)(m)(ii)(A) an off-highway vehicle as defined under Section 41-22-2; and
                 (1)(m)(ii)(B) a motorboat as defined in Section 73-18-2. See Utah Code 41-6a-501
• Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
• Novice learner driver: means an individual who:
            (1)(h)(i) has applied for a Utah driver license;
            (1)(h)(ii) has not previously held a driver license in this state or another state; and
            (1)(h)(iii) has not completed the requirements for issuance of a Utah driver license. See Utah Code 41-6a-501
• 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.
• Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
• Operator: means :
       (49)(a) a human driver, as defined in Section Utah Code 41-6a-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.
• Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
• Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102
• Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-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: 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
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
• Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102
• Trailer: means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-6a-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Urban district: means the territory contiguous to and including any street, in which structures devoted to business, industry, or dwelling houses are situated at intervals of less than 100 feet, for a distance of a quarter of a mile or more. See Utah Code 41-6a-102
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102