Terms Used In Utah Code > Title 78B > Chapter 5 - Procedure and Evidence

• Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
• Action: means a judicial proceeding or arbitration in which a money payment may be awarded or enforced in respect of a foreign-money claim. See Utah Code 78B-5-402
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Applicant: means a registered owner who submits an application to obtain or renew a sponsored special group license plate in accordance with this part. See Utah Code 41-1a-1601
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bank-offered spot rate: means the rate of exchange at which a bank will issue its draft in the foreign money or will cause credit to become available in the foreign money on a next-day basis. See Utah Code 78B-5-402
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Behavioral emergency services technician: means an individual who is licensed under Section 53-2d-402 as:
       (1)(a) a behavioral emergency services technician; or
       (1)(b) an advanced behavioral emergency services technician. See Utah Code 78B-5-902
• 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}
• Charitable purpose: means :
            (2)(a)(i) relief of the poor, the distressed, or the underprivileged;
            (2)(a)(ii) advancement of religion;
            (2)(a)(iii) advancement of education or science;
            (2)(a)(iv) erecting or maintaining a public building, monument, or work;
            (2)(a)(v) reducing the burdens of government;
            (2)(a)(vi) reducing neighborhood tensions;
            (2)(a)(vii) eliminating prejudice and discrimination;
            (2)(a)(viii) defending human rights and civil rights secured by law; or
            (2)(a)(ix) combating community deterioration and juvenile delinquency. See Utah Code 41-1a-1601
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 78B-5-502
• Civil judgment of restitution: means the same as that term is defined in Section 77-32b-102. See Utah Code 78B-5-502
• Collegiate special group license plate: means a sponsored special group license plate issued to a contributor to an institution. See Utah Code 41-1a-1601
• Commission: means the State Tax Commission. See Utah Code 41-1a-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Communication: means an oral statement, written statement, note, record, report, or document made during, or arising out of, a meeting between a law enforcement officer, firefighter, emergency medical service provider, or rescue provider and a peer support team member. See Utah Code 78B-5-902
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Contributor: means an applicant who contributes the required contribution to a sponsoring organization for a sponsored special group license plate. See Utah Code 41-1a-1601
• Conversion date: means the banking day next before the date on which money is, in accordance with this part:
       (2)(a) paid to a judgment creditor;
       (2)(b) paid to the designated official enforcing a judgment on behalf of the judgment creditor; or
       (2)(c) used to effect a recoupment or set-off of claims in different money in an action. See Utah Code 78B-5-402
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Debt: means a legally enforceable monetary obligation or liability of an individual, whether arising out of contract, tort, or otherwise. See Utah Code 78B-5-502
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Dependent: means the spouse of an individual, and the grandchild or the natural or adoptive child of an individual who derives support primarily from that individual. See Utah Code 78B-5-502
• Distribution proceeding: means a judicial or nonjudicial proceeding for an accounting, an assignment for the benefit of creditors, a foreclosure, for the liquidation or rehabilitation of a corporation or other entity, for the distribution of an estate, trust, or other fund in or against which a foreign-money claim is asserted. See Utah Code 78B-5-402
• Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
• Docket: A log containing brief entries of court proceedings.
• Emergency medical service provider or rescue unit peer support team member: means an individual who is:
       (3)(a) an emergency medical service provider as defined in Section 53-2d-101, a regular or volunteer member of a rescue unit acting as an emergency responder as defined in Section 53-2a-502, or another individual who has been trained in peer support skills; and
       (3)(b) designated by the chief executive of an emergency medical service agency or the chief of a rescue unit as a member of an emergency medical service provider's peer support team or as a member of a rescue unit's peer support team. See Utah Code 78B-5-902
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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}
• 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.
• Exempt: means protected, and "exemption" means protection from subjection to a judicial process to collect an unsecured debt. See Utah Code 78B-5-502
• Existing special group license plate: means a special group license plate that the division issues before January 1, 2024. See Utah Code 41-1a-1601
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign country: means a government other than:
       (1)(a) the United States;
       (1)(b) a state, district, commonwealth, territory, or insular possession of the United States; or
       (1)(c) any other government with regard to which the decision in this state as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution. See Utah Code 78B-5-451
• foreign judgment: means any judgment, decree, or order of a court of the United States or of any other court whose acts are entitled to full faith and credit in this state. See Utah Code 78B-5-302
• Foreign money: means money other than money of the United States of America. See Utah Code 78B-5-402
• Foreign-country judgment: means a judgment of a court of a foreign country. See Utah Code 78B-5-451
• Foreign-money claim: means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money. See Utah Code 78B-5-402
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Grantor: The person who establishes a trust and places property into it.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution: means :
       (7)(a) a state institution of higher education as defined in Section 53B-3-102; or
       (7)(b) a private institution of higher education in the state accredited by a regional or national accrediting agency recognized by the United States Department of Education. See Utah Code 41-1a-1601
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Judicial lien: means a lien on property obtained by judgment or other legal process instituted for the purpose of collecting an unsecured debt. See Utah Code 78B-5-502
• 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.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Law enforcement or firefighter peer support team member: means an individual who is:
       (4)(a) a peace officer, dispatcher as defined in Section 53-6-102, civilian employee, or volunteer member of a law enforcement agency, a regular or volunteer member of a fire department, or another individual who has been trained in peer support skills; and
       (4)(b) designated by the commissioner of the Department of Public Safety, the executive director of the Department of Corrections, a sheriff, a police chief, a dispatch executive director, or a fire chief as a member of a law enforcement agency's peer support team or a fire department's peer support team. See Utah Code 78B-5-902
• Levy: means the seizure of property pursuant to any legal process issued for the purpose of collecting an unsecured debt. See Utah Code 78B-5-502
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lien: means a judicial, or statutory lien, in property securing payment of a debt or performance of an obligation. See Utah Code 78B-5-502
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Money: means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement. See Utah Code 78B-5-402
• Money of the claim: means the money determined as proper by Section 78B-5-405. See Utah Code 78B-5-402
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
• 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.
• Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-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.
• Party: means an individual, a corporation, government or governmental subdivision or agency, business trust, partnership or association of two or more persons having a joint or common interest or any other legal or commercial entity asserting or defending against a foreign-money claim. See Utah Code 78B-5-402
• 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.
• Private nonprofit organization: means a private nonprofit organization that:
            (8)(a)(i) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code; and
            (8)(a)(ii) has a charitable purpose. See Utah Code 41-1a-1601
• Private nonprofit special group license plate: means a sponsored special group license plate issued to a contributor to a private nonprofit organization. See Utah Code 41-1a-1601
• 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.
• Public Safety answering point peer support team member: means an individual who is:
       (5)(a) employed by a public safety answering point as defined in Section 63H-7a-103; and
       (5)(b) designated by the chief executive of a public safety answering point as a member of a public safety answering point's peer support team. See Utah Code 78B-5-902
• Rate of exchange: means the rate at which the money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by the party obliged to pay or to state a rate of conversion. See Utah Code 78B-5-402
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
• Registry of Judgments: means the index where a judgment is filed and searchable by the name of the judgment debtor through electronic means or by tangible document. See Utah Code 78B-5-201
• Required contribution: means :
       (10)(a) the minimum annual contribution amount established under Subsection 41-1a-1603(4)(a)(iii); or
       (10)(b) if the sponsoring organization establishes a minimum annual contribution amount in accordance with Subsection 41-1a-1603(4)(b) that is greater than the minimum required contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the amount the sponsoring organization establishes. See Utah Code 41-1a-1601
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Security interest: means an interest in property created by contract to secure payment or performance of an obligation. See Utah Code 78B-5-502
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Special group license plate: means :
       (11)(a) a collegiate special group license plate;
       (11)(b) a private nonprofit special group license plate;
       (11)(c) a sponsored special group license plate;
       (11)(d) a state agency recognition special group license plate; or
       (11)(e) a state agency support special group license plate. See Utah Code 41-1a-1601
• Sponsored special group license plate: means a license plate:
       (12)(a) designed for and associated with a sponsoring organization; and
       (12)(b) issued to an applicant in accordance with this part. See Utah Code 41-1a-1601
• Sponsoring organization: means an institution, a private nonprofit organization, or a state agency that is or seeks to be associated with a sponsored special group license plate created under this part. See Utah Code 41-1a-1601
• Spot rate: means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for settlement by immediate payment, by charge to an account, or by an agreed delayed settlement not exceeding two days. See Utah Code 78B-5-402
• State: means a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the United States Virgin Islands. See Utah Code 78B-5-402
• 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
• State agency recognition special group license plate: means a sponsored special group license plate issued to an applicant who:
       (14)(a) has a special license that supports or furthers a government purpose;
       (14)(b) has received an honor that supports or furthers a government purpose;
       (14)(c) has achieved an accomplishment that supports or furthers a government purpose; or
       (14)(d) holds an elected office. See Utah Code 41-1a-1601
• State agency support special group license plate: includes a cancer support license plate created by an act of the Legislature before December 31, 2022. See Utah Code 41-1a-1601
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Symbol decal: means the decal that is designed to represent a special group and displayed on a special group license plate. See Utah Code 41-1a-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• 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.
• Trained: means a person who has successfully completed a peer support training program approved by the Peace Officer Standards and Training Division, the State Fire Marshal's Office, or the Department of Health and Human Services, as applicable. See Utah Code 78B-5-902
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Value: means fair market value of an individual's interest in property, exclusive of valid liens. See Utah Code 78B-5-502
• Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
• Verdict: The decision of a petit jury or a judge.
• 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