Terms Used In Utah Code > Title 78B > Chapter 25 - Uniform Public Expression Protection Act

• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Crosswalk: means :
       (13)(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:

            (13)(a)(i)

                 (13)(a)(i)(A) the curbs; or

                 (13)(a)(i)(B) in the absence of curbs, from the edges of the traversable roadway; and

            (13)(a)(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or
       (13)(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Direct supervision: means oversight at a distance within which:
       (15)(a) visual contact is maintained; and
       (15)(b) advice and assistance can be given and received. 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.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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
• Electric personal assistive mobility device: means a self-balancing device with:
            (19)(a)(i) two nontandem wheels in contact with the ground;
            (19)(a)(ii) a system capable of steering and stopping the unit under typical operating conditions;
            (19)(a)(iii) an electric propulsion system with average power of one horsepower or 750 watts;
            (19)(a)(iv) a maximum speed capacity on a paved, level surface of 12. See Utah Code 41-6a-102
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• 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}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mini-motorcycle: means a motorcycle or motor-driven cycle that has a seat or saddle that is less than 24 inches from the ground as measured on a level surface with properly inflated tires. See Utah Code 41-6a-102
• Mobility disability: means the inability of a person to use one or more of the person's extremities or difficulty with motor skills, that may include limitations with walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition. See Utah Code 41-6a-102
• Moped: means a motor-driven cycle having:
            (41)(a)(i) pedals to permit propulsion by human power; and
            (41)(a)(ii) a motor that:

                 (41)(a)(ii)(A) produces not more than two brake horsepower; and

                 (41)(a)(ii)(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. See Utah Code 41-6a-102
• 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: 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
• Motor-driven cycle: means a motorcycle, moped, and a motorized bicycle having:
            (45)(a)(i) an engine with less than 150 cubic centimeters displacement; or
            (45)(a)(ii) a motor that produces not more than five horsepower. See Utah Code 41-6a-102
• Motorcycle: means :
       (44)(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or
       (44)(b) an autocycle. See Utah Code 41-6a-102
• 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
• parking: means the standing of a vehicle, whether the vehicle is occupied or not. See 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
• Pedestrian: means a person traveling:
       (53)(a) on foot; or
       (53)(b) in a wheelchair. 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
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Programmable electric assisted bicycle: means an electric assisted bicycle with capability to switch or be programmed to function as a class 1 electric assisted bicycle, class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the electric assisted bicycle fully conforms with the respective requirements of each class of electric assisted bicycle when operated in that mode. See Utah Code 41-6a-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. 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
• Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102
• Soft-surface trail: means a marked trail surfaced with sand, rock, or dirt that is designated for the use of a bicycle. See Utah Code 41-6a-102
• standing: means the temporary halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers. See Utah Code 41-6a-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
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. 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
• 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