Terms Used In Utah Code > Title 35A > Chapter 16 > Part 5 - Winter Response Plan Requirements

• Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• 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.
• alien: means an individual who is illegally present in the United States. See Utah Code 76-10-2901
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Applicable county: means a county of the first or second class. See Utah Code 35A-16-501
• Applicable local homeless council: means the local homeless council that is responsible for coordinating homeless response within an applicable county. See Utah Code 35A-16-501
• Attempt to monopolize: means action taken without a legitimate business purpose and with a specific intent of destroying competition or controlling prices to substantially lessen competition, or creating a monopoly, where there is a dangerous probability of creating a monopoly. See Utah Code 76-10-3103
• Attorney general: means the attorney general of the state or one of the attorney general's assistants. See Utah Code 76-10-3103
• Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide overnight shelter to under a conditional use permit. See Utah Code 35A-16-501
• Chief executive officer: means the same as that term is defined in Section 11-51-102. See Utah Code 35A-16-501
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commodity: includes any product of the soil, any article of merchandise or trade or commerce, and any other kind of real or personal property. See Utah Code 76-10-3103
• Community location: means the same as that term is defined in Section 10-8-41. See Utah Code 35A-16-501
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means an act or omission. See Utah Code 76-1-101.5
• Conference of mayors: means an association consisting of the mayor of each municipality located within a county. See Utah Code 35A-16-501
• Contract: A legal written agreement that becomes binding when signed.
• Coordinator: means the state homelessness coordinator appointed under Section 63J-4-202. See Utah Code 35A-16-102
• 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.
• Council of governments: means the same as that term is defined in Section 72-2-117. See Utah Code 35A-16-501
• 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.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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.
• 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.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Homeless shelter: means a facility that:

  (a)	provides temporary shelter to individuals experiencing homelessness;

  (b)	operates year-round; and

  (c)

  is not subject to restrictions that limit the hours, days, weeks, or months of operation. See Utah Code 35A-16-501 Homelessness council: means the Utah Homelessness Council created in Section 35A-16-204. See Utah Code 35A-16-102 Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit. 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. 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. Local homeless council: means a local planning body designated by the steering committee to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102 Manufacturer: means the producer or originator of any commodity or service. See Utah Code 76-10-3103 Municipality: means a city, town, or metro township. See Utah Code 35A-16-501 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. Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5 Office: means the Office of Homeless Services. See Utah Code 35A-16-102 Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5 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. Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5 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. Quorum: The number of legislators that must be present to do business. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Service: includes any activity that is performed in whole or in part for the purpose of financial gain including, but not limited to, personal service, professional service, rental, leasing or licensing for use. See Utah Code 76-10-3103 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. 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. Subpoena: A command to a witness to appear and give testimony. Subsequent winter response period: means the winter response period that begins on October 15 of the year in which a county winter response task force is required to submit a winter response plan to the office under Section 35A-16-502. See Utah Code 35A-16-501 Targeted winter response bed count: means the targeted bed count number for an applicable county during the winter response period, as determined jointly by the applicable local homeless council and the office. See Utah Code 35A-16-501 task force: means a task force described in Section 35A-16-501. See Utah Code 35A-16-501 Temporary winter response shelter: means a facility that: (a)  provides temporary emergency shelter to individuals experiencing homelessness during a winter response period; and (b)  does not operate year-round. See Utah Code 35A-16-501 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trade or commerce: includes all economic activity involving, or relating to, any commodity, service, or business activity, including the cost of exchange or transportation. See Utah Code 76-10-3103 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. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Winter response period: means the period beginning October 15 and ending April 30 of the following year. See Utah Code 35A-16-501 Winter response plan: means the plan described in Section 35A-16-502. See Utah Code 35A-16-501 Writing: includes :Utah Code 68-3-12.5 written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5