Terms Used In Utah Code > Title 10 > Chapter 1 > Part 2 - Municipalities

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• 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
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Breastfeeding: includes lactation. See Utah Code 13-7a-102
• Charitable solicitation: means any request directly or indirectly for money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable purpose. See Utah Code 13-11-3
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer transaction: includes :

  (i)	any of the following with respect to a transfer or disposition described in Subsection (2)(a): (A)  an offer; (B)  a solicitation; (C)  an agreement; or (D)  performance of an agreement; or

  (ii)

  a charitable solicitation. See Utah Code 13-11-3 Contract: A legal written agreement that becomes binding when signed. 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. Counterclaim: A claim that a defendant makes against a plaintiff. County legislative body: means :Utah Code 68-3-12.5 Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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. Depository institution: is a s defined in Section 7-1-103. See Utah Code 13-5a-102 Direct charge: means a charge, fee, assessment, or amount, other than a property tax, that a political subdivision charges to a property owner. See Utah Code 11-60-102 Division: means the Division of Consumer Protection. See Utah Code 13-10a-2 Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC Enforcing authority: means the Division of Consumer Protection. See Utah Code 13-11-3 Enterprise regulated by the state: means : (a)  an institution subject to regulation under Title 70C, Utah Consumer Credit Code; (b)  a place of business that sells an alcoholic product at retail as provided in Title 32B, Alcoholic Beverage Control Act; (c)  an insurer regulated by Title 31A, Insurance Code; and (d)  a public utility subject to regulation under Title 54, Public Utilities. See Utah Code 13-7-2 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. Expressive activity: means : (a)  peacefully assembling, protesting, or speaking; (b)  distributing literature; (c)  carrying a sign; or (d)  signature gathering or circulating a petition. See Utah Code 11-61-102 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. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fixed: means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied in the recording or other tangible medium of expression is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. See Utah Code 13-10-3 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104 Highway: includes :Utah Code 68-3-12.5 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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 :Utah Code 68-3-12.5 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 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Municipal: means of or relating to a municipality. See Utah Code 10-1-104 Municipality: means : (a)  a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; (b)  a town, as classified in Section 10-2-301; or (c)  a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 Nonrecurring tax notice charge: means a tax notice charge that a political subdivision certifies to the county treasurer on a one-time or case-by-case basis rather than regularly over multiple calendar years. See Utah Code 11-60-102 Notice of lien: means a notice that: (a)  a political subdivision records in the office of the recorder of the county in which a property that is the subject of a nonrecurring tax notice charge is located; and (b)  describes the nature and amount of the nonrecurring tax notice charge and whether the political subdivision intends to certify the charge to the county treasurer under statutory authority that allows the treasurer to place the charge on the property tax notice described in Section 59-2-1317. See Utah Code 11-60-102 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. Oversight: Committee review of the activities of a Federal agency or program. Owner: means the person, corporation, partnership, or business association who owns the sounds fixed in a master phonograph record, master disc, master wire, master tape, master film, or other device used for reproducing recorded sounds on phonograph records, discs, wires, tapes, films, or other articles or materials in which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived. See Utah Code 13-10-3 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. Performing rights society or organization: means an association, corporation, or other entity that licenses the nondramatic public performance of musical works on behalf of copyright owners, such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. See Utah Code 13-10a-2 Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, cooperative, or any other legal entity. See Utah Code 13-11-3 Person: means :Utah Code 68-3-12.5 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104 Person: includes an individual, partnership, association, organization, corporation, labor union, legal representative, trustee, trustee in bankruptcy, receiver, and other organized groups of persons. See Utah Code 13-7-2 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Place of public accommodation: includes : (i)  every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge, except, an establishment that is: (A)  located within a building that contains not more than five rooms for rent or hire; and (B)  actually occupied by the proprietor of the establishment as the proprietor's residence; and (ii)  a place, establishment, or facility that caters or offers services, facilities, or goods to the general public gratuitously if the place, establishment, or facility receives any substantial governmental subsidy or support. See Utah Code 13-7-2 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. 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. Political subdivision: means : (a)  a county, as that term is defined in Section 17-50-101; (b)  a municipality, as that term is defined in Section 10-1-104; (c)  a special district, as that term is defined in Section 17B-1-102; (d)  a special service district, as that term is defined in Section 17D-1-102; (e)  an interlocal entity, as that term is defined in Section 11-13-103; (f)  a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act; (g)  a local building authority, as that term is defined in Section 17D-2-102; (h)  a conservation district, as that term is defined in Section 17D-3-102; or (i)  a local entity, as that term is defined in Sections 11-42-102 and 11-42a-102. See Utah Code 11-60-102 Political subdivision: means a county, city, town, or metro township. See Utah Code 11-61-102 Political subdivision: means : (i)  a city, town, or metro township; or (ii)  a county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county. See Utah Code 11-66-101 Political subdivision lien: means a lien that a statute expressly authorizes a political subdivision to hold and record, including a direct charge that constitutes, according to an express statutory provision, a lien. See Utah Code 11-60-102 Pregnancy: includes pregnancy or a pregnancy-related condition. See Utah Code 13-7-2 Pregnancy-related condition: includes breastfeeding, lactation, or a medical condition related to breastfeeding. See Utah Code 13-7-2 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. 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 Property tax: means a tax imposed on real property under Title 59, Chapter 2, Property Tax Act, Title 59, Chapter 3, Tax Equivalent Property Act, or Title 59, Chapter 4, Privilege Tax. See Utah Code 11-60-102 Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not for profit organization, or any other place of business or professional office located in this state in which: (a)  the public may assemble; and (b)  musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled. See Utah Code 13-10a-2 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public building: means a building or permanent structure that is: (i)  owned, leased, or occupied by a political subdivision or a subunit of a political subdivision; (ii)  open to public access in whole or in part; and (iii)  used for public education or political subdivision activities. See Utah Code 11-61-102 Public grounds: includes sidewalks, streets, and parks. See Utah Code 11-61-102 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Road: includes :Utah Code 68-3-12.5 royalties: means the fees payable by a proprietor to a performing rights society for the nondramatic public performance of musical or other similar works. See Utah Code 13-10a-2 Service of process: The service of writs or summonses to the appropriate party. 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. Summons: Another word for subpoena used by the criminal justice system. Supplier: means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, whether or not he deals directly with the consumer. See Utah Code 13-11-3 Tax notice charge: means the same as that term is defined in Section 59-2-1301. See Utah Code 11-60-102 Tax sale: means the tax sale described in 13. See Utah Code 11-60-102 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. 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. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. unfair competition: means an intentional business act or practice that: (i)  (A)  is unlawful, unfair, or fraudulent; and (B)  leads to a material diminution in value of intellectual property; and (ii)  is one of the following: (A)  malicious cyber activity; (B)  infringement of a patent, trademark, or trade name; (C)  a software license violation; or (D)  predatory hiring practices. See Utah Code 13-5a-102 Unincorporated: means not within a municipality. See Utah Code 10-1-104 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5