§ 78B-3-101 Husband and wife — Actions — Defense — Absent spouse
§ 78B-3-102 Injury of a child — Suit by parent or guardian
§ 78B-3-103 Successive actions on same contract
§ 78B-3-104 Actions against officers — Bond required — Costs and attorney fees
§ 78B-3-105 Definition of heirs
§ 78B-3-106 Death of a person — Suit by heir or personal representative
§ 78B-3-106.5 Claims brought by presumptive personal representative
§ 78B-3-107 Survival of action for injury or death to individual, upon death of wrongdoer or injured individual — Exception and restriction to out-of-pocket expenses
§ 78B-3-108 Shoplifting — Merchant’s rights — Civil liability for shoplifting by adult or minor — Criminal conviction not a prerequisite for civil liability — Written notice required for penalty demand
§ 78B-3-109 Right to life — State policy — Act or omission preventing abortion not actionable — Failure or refusal to prevent birth not a defense
§ 78B-3-110 Defense to civil action for damages resulting from commission of crime
§ 78B-3-111 Cause of action against attorney or law firm for referral fee — Exceptions
§ 78B-3-112 Action for mistaken or fraudulent transaction on a reversible blockchain
§ 78B-3-113 Right of action for a victim of a human trafficking offense
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Terms Used In Utah Code > Title 78B > Chapter 3 > Part 1 - Actions - Right to Sue and Be Sued

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Distribute: means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means. See Utah Code 78B-3-1001
  • 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.
  • 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: includes a person who:
         (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
         (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
  • Intestate: Dying without leaving a will.
  • 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.
  • Minor: means any person under 18 years old. See Utah Code 78B-3-1001
  • 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.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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.