Terms Used In Utah Code > Title 34 > Chapter 52 - Reducing Barriers to Employment for Individuals with Criminal Records

• 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.
• Applicable area: means :

  (a)	for a county, the unincorporated area of the county that is included within the proposed special district; or

  (b)

  for a municipality, the area of the municipality that is included within the proposed special district. See Utah Code 17B-1-201 Applicant: means an individual who provides information to a public employer or private employer for the purpose of obtaining employment. See Utah Code 34-52-102 Arbitration: means a private hearing before a neutral or panel of neutrals from the department who hear the evidence, consider the contentions of the parties, and enters a written award to resolve the issues presented. See Utah Code 73-3d-401 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. Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 73-3d-401 Consequential damages: means the losses or injuries from the exercise of a preference under this chapter that result in material losses to an interrupted user and that are reasonably foreseeable to someone familiar with the industry where use is being made of the water at the time the preference is exercised, including: (a)  loss of sales or operating revenue; (b)  damage to equipment; or (c)  damage to capital facilities or operational assets. See Utah Code 73-3d-401 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. County legislative body: means :Utah Code 68-3-12.5 Criminal conviction: means a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge. See Utah Code 34-52-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Department: means the Department of Agriculture and Food. See Utah Code 73-3d-401 Electric utility: means : (a)  a municipal electric utility, as defined in Section 10-19-102; (b)  an electric interlocal entity, as defined in Section 11-13-103; (c)  an energy services interlocal entity, as defined in Section 11-13-103; (d)  a project entity, as defined in Section 11-13-103; (e)  an electric improvement district, as defined in Section 17B-2a-406; or (f)  an electrical corporation, as defined in Section 54-2-1. See Utah Code 73-3d-101 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. Fiduciary: A trustee, executor, or administrator. Fund: means the Agriculture Resource Development Fund created in Section 4-18-106. See Utah Code 73-3d-401 Groundwater right owner petition: means a petition under Subsection 17B-1-203(1)(c). See Utah Code 17B-1-201 Groundwater right owner request: means a request under Section 17B-1-204 that is signed by owners of water rights as provided in Subsection 17B-1-204(2)(b)(ii). See Utah Code 17B-1-201 Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Initiating special district: means a special district that adopts a resolution proposing the creation of a special district under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201 Interrupted user: means a person whose beneficial use of water is interrupted by the preferential use of water under this chapter, and is: (a)  the holder or lessee of an approved application to appropriate water that is interrupted; (b)  the record or equitable holder or lessee of a perfected water right that is interrupted; or (c)  the owner, lessor, or lessee of a right to use water that is represented by shares of stock in a mutual water company whose water rights are interrupted. See Utah Code 73-3d-401 Joint resolution: A legislative measure which requires the approval of both chambers. 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. Juvenile adjudication: means : (a)  a finding by a court that the facts in a petition or criminal information alleging an individual committed an offense when the individual was younger than 18 years old have been proved; or (b)  an admission or plea of no contest under Section 80-6-306. See Utah Code 34-52-102 Land: includes :Utah Code 68-3-12.5 Mediation: means a private forum in which one or more impartial persons from the department facilitate communication between the interrupted user and the preferential user to promote a mutually acceptable resolution or settlement. See Utah Code 73-3d-401 Mental health professional applicant: means an individual who: (a)  is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and (b)  provides information to a public employer or private employer for the purpose of obtaining employment that requires a license under Title 58, Chapter 60, Mental Health Professional Practice Act. See Utah Code 34-52-102 Military facility: means an installation, base, air field, camp, post, station, yard, center, or other facility owned, leased, or operated by, or under the jurisdiction of, the United States Department of Defense or the National Guard. See Utah Code 73-3d-101 Municipal: means of or relating to a municipality. See Utah Code 17B-1-102 Municipality: means a city, town, or metro township. See Utah Code 17B-1-102 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Person: means :Utah Code 68-3-12.5 Person entitled to make a request: means : (a)  the holder of an approved but unperfected application to appropriate water; (b)  the record owner of a perfected water right; or (c)  a person who provides water using an approved but unperfected application or a perfected water right with the written authorization of a person described in Subsection (3)(a) or (b). See Utah Code 73-3d-101 Petition: means a petition under Subsection 17B-1-203(1)(a), (b), or (c). See Utah Code 17B-1-201 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. Preferential user: means a person specified in the executive order declaring a temporary water shortage emergency who uses water preferentially during the temporary water shortage emergency. See Utah Code 73-3d-401 Private employer: means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 34-52-102 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 owner request: means a request under Section 17B-1-204 that is signed by owners of real property as provided in Subsection 17B-1-204(2)(b)(i). See Utah Code 17B-1-201 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public employer: means an employer that is: (a)  the state or any administrative subunit of the state, including a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of state government; (b)  a state institution of higher education; or (c)  a municipal corporation, county, municipality, school district, special district, special service district, or other political subdivision of the state. See Utah Code 34-52-102 Registered voter petition: means a petition under Subsection 17B-1-203(1)(b). See Utah Code 17B-1-201 Registered voter request: means a request under Section 17B-1-204 that is signed by registered voters as provided in Subsection 17B-1-204(2)(b)(iii). See Utah Code 17B-1-201 Request: means a request as described in Section 17B-1-204. See Utah Code 17B-1-201 Responsible body: means the governing body of: (a)  the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality; (b)  the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within: (i)  the unincorporated part of the county; or (ii)  more than one municipality within the county; (c)  if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or (d)  the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201 Responsible clerk: means the clerk of the county or the clerk or recorder of the municipality whose legislative body is the responsible body. See Utah Code 17B-1-201 Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102 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 Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in: (a)  this chapter; or (b)  (i)  this chapter; and (ii)  (A)  1; (B)  2; (C)  3; (D)  4; (E)  5; (F)  6; (G)  7; (H)  8; (I)  9; (J)  10; or (K)  11. See Utah Code 17B-1-102 Specialized special district: means a special district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, a municipal services district, or a public infrastructure district. See Utah Code 17B-1-102 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 Summons: Another word for subpoena used by the criminal justice system. Temporary water shortage emergency: means an interruption of water delivery for which the governor may declare an emergency in accordance with Section 73-3d-201. See Utah Code 73-3d-101 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Unincorporated: means not included within a municipality. See Utah Code 17B-1-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Verdict: The decision of a petit jury or a judge. Writing: includes :Utah Code 68-3-12.5