Utah Code > Title 41 > Chapter 6a – Traffic Code
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Terms Used In Utah Code > Title 41 > Chapter 6a - Traffic Code
- Abandoned: means left without provision for reasonable and necessary care or supervision. See Utah Code 78B-13-102
- Abuse: means , except as provided in Section 78B-7-201, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of imminent physical harm. See Utah Code 78B-7-102
- Account: means the Indigent Defense Resources Restricted Account created in Section 78B-22-405. See Utah Code 78B-22-102
- 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
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adjudicated father: means a man who has been adjudicated by a tribunal to be the father of a child. See Utah Code 78B-15-102
- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Adjusted gross income: means income calculated under Subsection 78B-12-204(1). See Utah Code 78B-12-102
- Administrative agency: means the Office of Recovery Services or the Department of Health and Human Services. See Utah Code 78B-12-102
- Administrative costs: means the costs of administering the initiative, including costs for staffing, rent, data processing, legal, finance, accounting, travel, maintenance, and office supplies. See Utah Code 79-2-601
- Administrative order: means an order that has been issued by the Office of Recovery Services, the Department of Health and Human Services, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office. See Utah Code 78B-12-102
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adoptee: means a person who:
(a) is the subject of an adoption proceeding; or (b) has been legally adopted. See Utah Code 78B-6-103 - Adoption: means the judicial act that:
(a) creates the relationship of parent and child where it did not previously exist; and (b) except as provided in Subsections 78B-6-138(2) and (4), terminates the parental rights of any other person with respect to the child. See Utah Code 78B-6-103 - Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 78B-6-103
- Adoption service provider: means :
(a) a child-placing agency; (b) a licensed counselor who has at least one year of experience providing professional social work services to: (i) adoptive parents; (ii) prospective adoptive parents; or (iii) birth parents; or (c) the Office of Licensing within the Department of Health and Human Services. See Utah Code 78B-6-103 - Adoptive parent: means an individual who has legally adopted an adoptee. See Utah Code 78B-6-103
- ADR: means alternative dispute resolution and includes arbitration, mediation, and other means of dispute resolution, other than court trial, authorized by the Judicial Council under this part. See Utah Code 78B-6-202
- ADR organization: means an organization which provides training for ADR providers or offers other ADR services. See Utah Code 78B-6-202
- ADR provider: means a neutral person who conducts an ADR procedure. See Utah Code 78B-6-202
- Adult: means an individual who has attained 18 years old or is an emancipated minor. See Utah Code 78B-20-102
- Adult: means an individual who is 18 years of age or older. See Utah Code 78B-6-103
- Adult adoptee: means an adoptee who is 18 years of age or older and was adopted as a minor. See Utah Code 78B-6-103
- Adult sibling: means an adoptee's brother or sister, who is 18 years of age or older and whose birth mother or father is the same as that of the adoptee. See Utah Code 78B-6-103
- 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.
- advisory committee: means the Child Support Guidelines Advisory Committee. See Utah Code 78B-12-401
- 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.
- Affiliate: means :
(b) with respect to a person other than an individual: (i) another person that directly or indirectly controls, is controlled by, or is under common control with the person; (ii) an officer, director, manager, member, partner, employee, or trustee or other fiduciary of the person; or (iii) a companion of, or an individual occupying the residence of, an individual described in Subsection (1)(b)(i) or (ii). See Utah Code 78B-21-102 v2 - Affinity: means the same as that term is defined in Section 76-1-101. See Utah Code 78B-7-102
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: means a department, division, office, bureau, board, commission, or other administrative unit of the state. See Utah Code 79-3-102
- Agency: means a state, county, or local government entity that generates or maintains records relating to an unlawful detainer action. See Utah Code 78B-6-850
- agency: means a state, county, or local government entity that generates or maintains records relating to a civil order for which expungement may be ordered. See Utah Code 78B-7-1001
- Alcoholic beverage: is a s defined in Section 32B-1-102. See Utah Code 78B-6-1602
- Allegation: something that someone says happened.
- Alleged father: means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. See Utah Code 78B-15-102
- Alley: means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for through vehicular traffic. See Utah Code 41-6a-102
- AMA guides: means the edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401
- 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.
- Americans with Disabilities Act: means the public accommodation protections of Title III of the Americans with Disabilities Act, 42 U. See Utah Code 78B-8-701
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- Appellate defense services: means the representation of an indigent individual:
(i) described in Subsection 78B-22-201(1)(d) or who is party to an appeal under Section 77-18a-1; (ii) in an action or on appeal for postconviction relief under Chapter 9, Postconviction Remedies Act; or (iii) in an appeal of right from an action for the termination or restoration of parental rights under 1, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights. See Utah Code 78B-22-901 - Application: means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Utah Code 78B-14-701.5
- Application: means a written application that an individual, non-profit corporation, government agency, county council or commission, tribal entity, historical society, preservation organization, or other interested group may submit to the division to nominate a historic landmark, historic or prehistoric structure, geologic formation, cultural site, or archaeological resource for designation as a state monument. See Utah Code 79-4-1202
- Appraisal: A determination of property value.
- 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
- Arbitration: means a private hearing before a neutral or panel of neutrals who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented pursuant to Section 78B-6-206. See Utah Code 78B-6-202
- Arbitration organization: means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator. See Utah Code 78B-11-102
- Arbitrator: means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. See Utah Code 78B-11-102
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Asbestos: means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 C. See Utah Code 78B-6-2401
- Asbestos action: means a claim for damages or other civil or equitable relief presented in a civil action resulting from, based on, or related to:
(i) the health effects of exposure to asbestos, including: (A) loss of consortium; (B) wrongful death; (C) mental or emotional injury; (D) risk or fear of disease or other injury; and (E) costs of medical monitoring or surveillance; and (ii) any other derivative claim made by or on behalf of an individual exposed to asbestos or a representative, spouse, parent, child, or other relative of that individual. See Utah Code 78B-6-2401 - Asbestos trust: means a:
(a) government-approved or court-approved trust that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; (b) qualified settlement fund that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; (c) compensation fund or claims facility created as a result of an administrative or legal action that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; (d) court-approved bankruptcy that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; or (e) plan of reorganization or trust pursuant to 11 U. See Utah Code 78B-6-2401 - Asbestosis: means bilateral diffuse interstitial fibrosis of the lungs caused by the inhalation of asbestos fibers. See Utah Code 78B-6-2401
- Ascendant: means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. See Utah Code 78B-6-1270
- Assessment: means an in-depth clinical interview with a licensed mental health therapist:
(i) used to determine if a person is in need of: (A) substance abuse treatment that is obtained at a substance abuse program; (B) an educational series; or (C) a combination of Subsections (1)(b)(i)(A) and (B); and (ii) that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 - Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assisted reproduction: means a method of causing pregnancy other than sexual intercourse. See Utah Code 78B-15-102
- ATS testing standards: means the official technical statements from the American Thoracic Society for pulmonary function testing in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Authority board: means the board of directors of a local building authority, as described in Section 17D-2-203. See Utah Code 17D-2-102
- Authorized emergency vehicle: includes :
(a) fire department vehicles; (b) police vehicles; (c) ambulances; and (d) other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102 - Autocycle: means the same as that term is defined in Section 53-3-102. See Utah Code 41-6a-102
- Automatic license plate reader system: means a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert an image of a license plate into computer-readable data. See Utah Code 41-6a-2002
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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.
- Base child support award: means the award that may be ordered and is calculated using the guidelines before additions for medical expenses and work-related child care costs. See Utah Code 78B-12-102
- Behavioral emergency services technician: means an individual who is licensed under Section 26B-4-116 as:
(a) a behavioral emergency services technician; or (b) an advanced behavioral emergency services technician. See Utah Code 78B-5-902 - Bench trial: Trial without a jury in which a judge decides the facts.
- 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
- Bequest: Property gifted by will.
- Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
- Birth mother: means the biological mother of a child. See Utah Code 78B-6-103
- Birth mother: means the biological mother of a child. See Utah Code 78B-15-102
- Birth parent: means :
(a) a birth mother; (b) a man whose paternity of a child is established; (c) a man who: (i) has been identified as the father of a child by the child's birth mother; and (ii) has not denied paternity; or (d) an unmarried biological father. See Utah Code 78B-6-103 - Board: means the Board of the Utah Geological Survey. See Utah Code 79-3-102
- Board: means the Indigent Defense Funds Board created in Section 78B-22-501. See Utah Code 78B-22-102
- Board of trustees: means the board of trustees of This is the Place Foundation. See Utah Code 79-4-701
- Board-certified physician in internal medicine: means a licensed physician who is certified by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Utah Code 78B-6-2401
- Board-certified physician in occupational medicine: means a licensed physician who is certified in the specialty of:
(a) occupational medicine by the American Board of Preventative Medicine; or (b) occupational and environmental medicine by the American Osteopathic Board of Preventative Medicine. See Utah Code 78B-6-2401 - Board-certified physician in pathology: means a licensed physician:
(a) who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Pathology; and (b) whose professional practice is principally in the field of pathology involving regular evaluation of pathology materials obtained from surgical or postmortem specimens. See Utah Code 78B-6-2401 - Board-certified physician in pulmonary medicine: means a licensed physician who is certified in the specialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Utah Code 78B-6-2401
- Bona fide and compelling issue of factual innocence: means that the newly discovered material evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner. See Utah Code 78B-9-401.5
- Bond: includes a bond, note, or other instrument issued under this chapter evidencing an indebtedness of a local building authority. See Utah Code 17D-2-102
- Bus: means a motor vehicle:
(i) designed for carrying more than 15 passengers and used for the transportation of persons; or (ii) designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102 - Captured plate data: means the global positioning system coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automatic license plate reader system. See Utah Code 41-6a-2002
- Caretaking authority: includes physical custody, parent-time, right to access, and visitation. See Utah Code 78B-20-102
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Central authority: means the entity designated by the United States or a foreign country described in Subsection 78B-14-102(5)(d) to perform the functions specified in the convention. See Utah Code 78B-14-701.5
- Chambers: A judge's office.
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Chest x-ray: means a chest film taken in accordance with applicable state and federal laws and taken in the posterior-anterior view. See Utah Code 78B-6-2401
- Child: means :
(a) a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; (b) a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or (c) a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means. See Utah Code 78B-12-102 - Child: means an individual under 18 years of age and not married. See Utah Code 78B-13-102
- Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Utah Code 78B-14-102
- Child: means an individual of any age whose parentage may be determined under this chapter. See Utah Code 78B-15-102
- Child: means :
(a) an unemancipated individual who has not attained 18 years old; or (b) an adult son or daughter by birth or adoption, or under law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility. See Utah Code 78B-20-102 - Child: means an unemancipated individual under 18 years old. See Utah Code 78B-24-101
- Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parent-time with respect to a child. See Utah Code 78B-13-102
- Child custody proceeding: means a proceeding in which legal custody, physical custody, or parent-time with respect to a child is an issue. See Utah Code 78B-13-102
- Child protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-201
- Child restraint device: means a child restraint device that meets standards adopted under Section 41-6a-1601. See Utah Code 41-6a-1802
- Child support: means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs. See Utah Code 78B-12-102
- Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Utah Code 78B-14-102
- Child welfare case: means a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights. See Utah Code 78B-22-102
- Child-placing agency: means a person with authority under other law of this state to identify or place a child for adoption. See Utah Code 78B-24-101
- Child-placing agency: means an agency licensed to place children for adoption under 1. See Utah Code 78B-6-103
- 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 action: means an action in which a party seeks monetary or equitable relief at common law or pursuant to statute. See Utah Code 78B-6-202
- Civil judgment of restitution: means the same as that term is defined in Section 77-32b-102. See Utah Code 78B-5-502
- Civil order: means :
(a) an ex parte civil protective order; (b) an ex parte civil stalking injunction; (c) a civil protective order; or (d) a civil stalking injunction. See Utah Code 78B-7-1001 - Civil protective order: means an order issued, subsequent to a hearing on the petition, of which the petitioner and respondent have been given notice, under:
(a) 2; (b) 4; (c) 5; or (d) 6. See Utah Code 78B-7-102 - Civil stalking injunction: means a stalking injunction issued under 7. See Utah Code 78B-7-102
- Claimant: means a person who files a notice. See Utah Code 78B-6-1302
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Cohabitant: means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:
(i) is or was a spouse of the other party; (ii) is or was living as if a spouse of the other party; (iii) is related by blood or marriage to the other party as the individual's parent, grandparent, sibling, or any other individual related to the individual by consanguinity or affinity to the second degree; (iv) has or had one or more children in common with the other party; (v) is the biological parent of the other party's unborn child; (vi) resides or has resided in the same residence as the other party; or (vii) is or was in a consensual sexual relationship with the other party. See Utah Code 78B-7-102 - Cohabitant abuse protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-601
- Cohabiting: means residing with another person and being involved in a sexual relationship with that person. See Utah Code 78B-6-103
- Collateral: means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant. See Utah Code 78B-6-1270
- Commence: means to file the initial pleading seeking an adjudication of parentage in the appropriate tribunal of this state. See Utah Code 78B-15-102
- Commencement: means the filing of the first pleading in a proceeding. See Utah Code 78B-13-102
- Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 17D-3-102
- Commission: means the Utah Indigent Defense Commission created in Section 78B-22-401. See Utah Code 78B-22-102
- Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
- Commissioner: means the commissioner of the department. See Utah Code 17D-3-102
- Committee: means the Utah Outdoor Recreation Infrastructure Advisory Committee created in Section 79-7-206. See Utah Code 79-5-102
- Committee: means the Natural Resources, Agriculture, and Environment Interim Committee or the House or Senate Natural Resources, Agriculture, and Environment Standing Committee. See Utah Code 79-4-1202
- 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.
- Companion: means :
(a) the spouse of an individual; (b) the domestic partner of an individual; or (c) another individual in a civil union with an individual. See Utah Code 78B-21-102 v2 - Compensatory mitigation: means avoiding, minimizing, rectifying, reducing, or eliminating impacts on sage grouse habitat by providing substitute sage grouse habitat through conservation projects or conservation banks. See Utah Code 79-2-502
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Consanguinity: means the same as that term is defined in Section 76-1-101. See Utah Code 78B-7-102
- Conservation district: means a limited purpose local government entity, as described in Section 17D-3-103, that operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-3-102
- Conservation officer: is a s defined in Section 23-13-2. See Utah Code 79-2-102
- Conservation plan: means the current version of the "Conservation Plan for Greater Sage-grouse in Utah" developed by the state and approved by the governor. See Utah Code 79-2-502
- Contamination claim: means a claim for which a government owner and the government owner's officers and employees have immunity under Subsection 63G-7-201(3)(b). See Utah Code 78B-6-2501
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Contracted parental representation attorney: means an attorney who represents an indigent individual who is a parent in a child welfare case under a contract with the office or a contributing county. See Utah Code 78B-22-801
- Contributing county: means a county that complies with this part for participation in the fund described in Section 78B-22-804. See Utah Code 78B-22-801
- Controlled-access highway: means a highway, street, or roadway:
(a) designed primarily for through traffic; and (b) to or from which owners or occupants of abutting lands and other persons have no legal right of access, except at points as determined by the highway authority having jurisdiction over the highway, street, or roadway. See Utah Code 41-6a-102 - Convention: means the convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. See Utah Code 78B-14-102
- Convention support order: means a support order of a tribunal of a foreign country described in Subsection 78B-14-102(5)(d). See Utah Code 78B-14-701.5
- Conversion date: means the banking day next before the date on which money is, in accordance with this part:
(a) paid to a judgment creditor; (b) paid to the designated official enforcing a judgment on behalf of the judgment creditor; or (c) used to effect a recoupment or set-off of claims in different money in an action. See Utah Code 78B-5-402 - Convicted person: means the person whose conviction or sentence is under review. See Utah Code 78B-9-502
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means any conviction arising from a separate episode of driving for a violation of:
(i) driving under the influence under Section 41-6a-502; (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or (B) for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502. See Utah Code 41-6a-501 - Conviction: means :
(a) a verdict or conviction; (b) a plea of guilty or guilty with a mental condition; (c) a plea of no contest; or (d) the acceptance by the court of a plea in abeyance. See Utah Code 78B-7-901 - Conviction Integrity Unit: means a program established by a prosecution agency to conduct extrajudicial, fact-based reviews of criminal convictions and sentences. See Utah Code 78B-9-502
- 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 executive: means :Utah Code 68-3-12.5
- County legislative body: means :Utah Code 68-3-12.5
- Court: means a court of competent jurisdiction in this state. See Utah Code 78B-11-102
- Court: means a court of this state with jurisdiction over the action under Title 78A, Judiciary and Judicial Administration. See Utah Code 78B-21-102 v2
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Court: means the district court or juvenile court. See Utah Code 78B-12-102
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Utah Code 78B-13-102
- Court: means a tribunal, including an administrative agency, authorized under the law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility. See Utah Code 78B-20-102
- Court clerk: means a district court clerk. See Utah Code 78B-7-102
- Creating local entity: means the local entity that creates or created the local building authority. See Utah Code 17D-2-102
- Criminal protective order: means an order issued under 8. See Utah Code 78B-7-102
- Criminal stalking injunction: means a stalking injunction issued under 9. See Utah Code 78B-7-102
- Critical paleontological resources: means vertebrate fossils and other exceptional fossils that are designated state paleontological landmarks as provided for in Section 79-3-505. See Utah Code 79-3-102
- Crosswalk: means :
(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from: (i) (A) the curbs; or (B) in the absence of curbs, from the edges of the traversable roadway; and (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102 - Curation: means :
(a) management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions; and (b) providing access to and facilities for studying collections. See Utah Code 79-3-102 - Curation facility: is a s defined in Section 53B-17-603. See Utah Code 79-3-102
- Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Utah Code 78B-20-102
- Custody: means the exercise of physical care and supervision of a child. See Utah Code 78B-24-101
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dating partner: means an individual who:
(i) (A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7, Emancipation; or (B) is 18 years old or older; and (ii) is, or has been, in a dating relationship with the other party. See Utah Code 78B-7-102 - Dating relationship: means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy. See Utah Code 78B-7-102
- Dating violence protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-402
- 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.
- Decision-making authority: means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. See Utah Code 78B-20-102
- Declarant father: means a male who, along with the biological mother claims to be the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's paternity. See Utah Code 78B-15-102
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defense attorney: Represent defendants in criminal matters.
- Demand letter: means a letter, email, or other written communication directed to a target and asserting or claiming that the target has engaged in patent infringement. See Utah Code 78B-6-1902
- Department: means the Department of Public Safety. See Utah Code 41-6a-102
- Department: means the Department of Agriculture and Food, created in Section 4-2-102. See Utah Code 17D-3-102
- Department: means the Department of Natural Resources created in Section 79-2-201. See Utah Code 79-1-102
- 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
- Deploying parent: means a service member who is deployed or has been notified of impending deployment and is:
(a) a parent of a child under the law of this state other than this chapter; or (b) an individual who has custodial responsibility for a child under the law of this state other than this chapter. See Utah Code 78B-20-102 - Deployment: means the movement or mobilization of a service member for more than 90 days but less than 18 months pursuant to uniformed service orders that:
(a) are designated as unaccompanied; (b) do not authorize dependent travel; or (c) otherwise do not permit the movement of family members to the location to which the service member is deployed. See Utah Code 78B-20-102 - 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.
- Descendant: means an individual who follows another individual in lineage, in the direct line of descent from the other individual. See Utah Code 78B-6-1270
- Determination of parentage: means the establishment of the parent-child relationship by the signing of a valid declaration of paternity under 3, or adjudication by a tribunal. See Utah Code 78B-15-102
- Determination of value: means a court order:
(a) determining the fair market value of heirs' property under Section 78B-6-1274 or 78B-6-1278; or (b) adopting the valuation of the property agreed to by all the cotenants. See Utah Code 78B-6-1270 - Device: means a tablet or a smart phone sold in Utah and manufactured on or after January 1 of the year following the year this bill takes effect. See Utah Code 78B-6-2202
- Devise: To gift property by will.
- Direct request: means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States. See Utah Code 78B-14-701.5
- Direct supervision: means oversight at a distance within which:
(a) visual contact is maintained; and (b) advice and assistance can be given and received. See Utah Code 41-6a-102 - Directive: means an ordinance, regulation, measure, rule, enactment, order, or policy issued, enacted, or required by a local or state governmental entity. See Utah Code 78B-6-2301
- Director: means the director of the survey. See Utah Code 79-3-102
- Director: means the director of the initiative who is appointed under Section 79-2-602. See Utah Code 79-2-601
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Disease: means Human Immunodeficiency Virus infection, acute or chronic Hepatitis B infection, Hepatitis C infection, COVID-19 or another infectious disease that may cause Severe Acute Respiratory Syndrome, and any other infectious disease specifically designated by the Labor Commission, in consultation with the Department of Health and Human Services, for the purposes of this part. See Utah Code 78B-8-401
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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
- Divided highway: means a highway divided into two or more roadways by:
(a) an unpaved intervening space; (b) a physical barrier; or (c) a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102 - Division: means the Division of Child and Family Services, within the Department of Health and Human Services, created in Section 80-2-201. See Utah Code 78B-6-103
- Division: means the Division of Outdoor Recreation. See Utah Code 79-5-102
- Division: means the Indigent Appellate Defense Division created in Section 78B-22-902. See Utah Code 78B-22-901
- Division: means the Division of Wildlife Resources created in Section 23-14-1. See Utah Code 79-2-601
- DNA: means deoxyribonucleic acid. See Utah Code 78B-9-301
- Docket: A log containing brief entries of court proceedings.
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
- Donor: The person who makes a gift.
- Donor: means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. See Utah Code 78B-15-102
- Driving under the influence court: means a court that is approved as a driving under the influence court by the Judicial Council according to standards established by the Judicial Council. See Utah Code 41-6a-501
- drugs: means :
(i) a controlled substance as defined in Section 58-37-2; (ii) a drug as defined in Section 58-17b-102; or (iii) a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501 - Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. See Utah Code 78B-14-102
- Echelon formation: means the operation of two or more snowplows arranged side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to clear snow from two or more lanes at once. See Utah Code 41-6a-102
- Educational series: means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
- Electric assisted bicycle: means a bicycle with an electric motor that:
(a) has a power output of not more than 750 watts; (b) has fully operable pedals on permanently affixed cranks; (c) is fully operable as a bicycle without the use of the electric motor; and (d) is one of the following: (i) an electric assisted bicycle equipped with a motor or electronics that: (A) provides assistance only when the rider is pedaling; and (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; (ii) an electric assisted bicycle equipped with a motor or electronics that: (A) may be used exclusively to propel the bicycle; and (B) is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; or (iii) an electric assisted bicycle equipped with a motor or electronics that: (A) provides assistance only when the rider is pedaling; (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour; and (C) is equipped with a speedometer. See Utah Code 41-6a-102 - Electric personal assistive mobility device: means a self-balancing device with:
(i) two nontandem wheels in contact with the ground; (ii) a system capable of steering and stopping the unit under typical operating conditions; (iii) an electric propulsion system with average power of one horsepower or 750 watts; (iv) a maximum speed capacity on a paved, level surface of 12. See Utah Code 41-6a-102 - Emergency medical service provider or rescue unit peer support team member: means an individual who is:
(a) an emergency medical service provider as defined in Section 26B-4-101, 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 (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 - Emergency response provider: means an individual providing services on behalf of:
(a) a law enforcement agency; (b) a fire suppression agency; or (c) another agency or a political subdivision of the state. See Utah Code 78B-6-1602 - Emergency services provider: means :
(a) an individual licensed under Section 26B-4-116, a peace officer, local fire department personnel, or personnel employed by the Department of Corrections or by a county jail, who provide prehospital emergency care for an emergency services provider either as an employee or as a volunteer; or (b) an individual who provides for the care, control, support, or transport of a prisoner. See Utah Code 78B-8-401 - Employee: means an employee in the service of an employer for compensation. See Utah Code 78B-7-1101
- Employer: means a person who employs an individual in this state. See Utah Code 78B-7-1101
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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
- Establishing office: means the prosecution agency establishing a conviction integrity unit. See Utah Code 78B-9-502
- Ethnic or racial group: means , for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information. See Utah Code 78B-15-102
- Eviction: means a cause of action for unlawful detainer under 8. See Utah Code 78B-6-850
- 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.
- Ex officio: Literally, by virtue of one's office.
- Ex parte child protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-201
- Ex parte civil protective order: means an order issued without notice to the respondent under:
(a) 2; (b) 4; (c) 5; or (d) 6. See Utah Code 78B-7-102 - Ex parte civil stalking injunction: means a stalking injunction issued without notice to the respondent under 7. See Utah Code 78B-7-102
- Ex parte cohabitant abuse protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-601
- Ex parte dating violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-402
- Ex parte sexual violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-502
- Ex parte workplace violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-1101
- Excavate: means the recovery of critical paleontological resources. See Utah Code 79-3-102
- Executive director: means the executive director of the department who is appointed under Section 79-2-202. See Utah Code 79-1-102
- Executive Director: means the executive director of the Office of Indigent Defense Services, created in Section 78B-22-451, who is appointed in accordance with Section 78B-22-453. See Utah Code 78B-22-102
- Executory contract: means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach. See Utah Code 78B-21-102 v2
- Exempt: means protected, and "exemption" means protection from subjection to a judicial process to collect an unsecured debt. See Utah Code 78B-5-502
- Explosives: means a chemical compound or mechanical mixture commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in proportions, quantities, or packing so that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of causing death or serious bodily injury. See Utah Code 41-6a-102
- Exposed individual: means an individual whose exposure to asbestos is the basis for the asbestos action. See Utah Code 78B-6-2401
- Expunge: means to seal or otherwise restrict access to an individual's record held by an agency when the record includes a civil order. See Utah Code 78B-7-1001
- Extra-jurisdictional child-placing agency: means an agency licensed to place children for adoption by a district, territory, or state of the United States, other than Utah. See Utah Code 78B-6-103
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Factually innocent: means the same as that term is defined in Section 78B-9-401. See Utah Code 78B-9-301
- factually innocent: means a person did not:Utah Code 78B-9-401.5
- Factually innocent: means the same as that term is defined in Section 78B-9-401. See Utah Code 78B-9-502
- 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.
- Family care plan: means a formal written contingency plan mandated by regulation of the various departments and components of the uniformed service that requires certain service member parents of minor children to plan in advance for the smooth, rapid transfer of parental responsibilities to designees during the absence of the service member due to death, incapacity, short-term absences, long-term absences, including deployments, or noncombatant evacuation operations. See Utah Code 78B-20-102
- Family member: means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child, or an individual recognized to be in a familial relationship with a child under the law of this state other than this chapter. See Utah Code 78B-20-102
- Farm tractor: means a motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry. See Utah Code 41-6a-102
- 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
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiduciary: A trustee, executor, or administrator.
- Filter: means software installed on a device that is capable of preventing the device from accessing or displaying material that is harmful to minors through the Internet or any applications owned and controlled by the manufacturer and installed on the device. See Utah Code 78B-6-2202
- Financial support: means a base child support award as defined in Section 78B-12-102, all past-due support which accrues under an order for current periodic payments, and sum certain judgments for past-due support. See Utah Code 78B-15-102
- Firearm: means the same as that term is defined in Section 53-5a-102. See Utah Code 78B-6-2301
- First aid volunteer: means a person who provides voluntary emergency assistance or first aid medical care to an injured person prior to the arrival of an emergency medical services provider or peace officer. See Utah Code 78B-8-401
- fiscal emergency: means a major disruption in the operation of one or more national parks, national monuments, national forests, or national recreation areas in the state caused by the unforseen or sudden significant decrease or elimination of funding from the federal government. See Utah Code 79-4-1102
- 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.
- Flammable liquid: means a liquid that has a flashpoint of 100 degrees F. See Utah Code 41-6a-102
- 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 country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
(a) which has been declared under the law of the United States to be a foreign reciprocating country; (b) which has established a reciprocal arrangement for child support with this state as provided in Section 78B-14-308; (c) which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or (d) in which the convention is in force with respect to the United States. See Utah Code 78B-14-102 - Foreign country: means a government other than:
(a) the United States; (b) a state, district, commonwealth, territory, or insular possession of the United States; or (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 protection order: means the same as that term is defined in Section 78B-7-302. See Utah Code 78B-7-102
- Foreign protection order: means a protection order issued by a tribunal of another state. See Utah Code 78B-7-302
- Foreign subpoena: means a subpoena issued under authority of a court of record of a foreign jurisdiction. See Utah Code 78B-17-102
- Foreign support order: means a support order of a foreign tribunal. See Utah Code 78B-14-102
- Foreign tribunal: means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Utah Code 78B-14-102
- 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
- Foundation: means This is the Place Foundation, a private nonprofit corporation formed pursuant to Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act. See Utah Code 79-4-701
- Fraud: Intentional deception resulting in injury to another.
- Freeway: means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102. See Utah Code 41-6a-102
- fund: means the Indigent Aggravated Murder Defense Fund created in Section 78B-22-701. See Utah Code 78B-22-501
- fund: means the Indigent Aggravated Murder Defense Fund. See Utah Code 78B-22-701
- Fund: means the Child Welfare Parental Representation Fund created in Section 78B-22-804. See Utah Code 78B-22-801
- FVC: means the maximal volume of air expired with maximum effort from a position of full inspiration. See Utah Code 78B-6-2401
- 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
- Genetic and social history: means a comprehensive report, when obtainable, that contains the following information on an adoptee's birth parents, aunts, uncles, and grandparents:
(a) medical history; (b) health status; (c) cause of and age at death; (d) height, weight, and eye and hair color; (e) ethnic origins; (f) where appropriate, levels of education and professional achievement; and (g) religion, if any. See Utah Code 78B-6-103 - Genetic genealogy database utilization: means the same as that term is defined in Section 53-10-403. See Utah Code 78B-9-301
- Genetic testing: means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. See Utah Code 78B-15-102
- Gestational mother: means an adult woman who gives birth to a child under a gestational agreement. See Utah Code 78B-15-102
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Golf cart: means a device that:
(i) is designed for transportation by players on a golf course; (ii) has not less than three wheels in contact with the ground; (iii) has an unladen weight of less than 1,800 pounds; (iv) is designed to operate at low speeds; and (v) is designed to carry not more than six persons including the driver. See Utah Code 41-6a-102 - Gore area: means the area delineated by two solid white lines that is between a continuing lane of a through roadway and a lane used to enter or exit the continuing lane including similar areas between merging or splitting highways. See Utah Code 41-6a-102
- Governing body: means :
(a) for a county, city, or town, the legislative body of the county, city, or town; (b) for a school district, the local school board for the school district; (c) for a special district, the special district's board of trustees; and (d) for a special service district, the special service district's governing body, as defined in Section 17D-1-102. See Utah Code 17D-2-102 - Government owner: means the same as that term is defined in Subsection 63G-7-201(3). See Utah Code 78B-6-2501
- Governmental entity: includes :
(i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity listed in Subsections (3)(a)(i) through (xviii) that is funded or established by the government to carry out the public's business; or (ii) a person acting as an agent of a governmental entity or acting on behalf of a governmental entity. See Utah Code 41-6a-2002 - Governmental unit: means an office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state. See Utah Code 78B-21-102 v2
- Grantor: The person who establishes a trust and places property into it.
- Gross weight: means the weight of a vehicle without a load plus the weight of any load on the vehicle. See Utah Code 41-6a-102
- 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:Utah Code 68-3-12.5
- Guardian: means a person recognized as a guardian under other law of this state. See Utah Code 78B-24-201
- Guidelines: means the directions for the calculation and application of child support in 2. See Utah Code 78B-12-102
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Harmful to minors: means the same as that term is defined in Section 76-10-1201. See Utah Code 78B-6-2202
- Health care coverage: means coverage under which medical services are provided to a child through:
(a) fee for service; (b) a health maintenance organization; (c) a preferred provider organization; (d) any other type of private health insurance; or (e) public health care coverage. See Utah Code 78B-12-102 - Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 78B-8-401
- Health history: means a comprehensive report of the adoptee's health status at the time of placement for adoption, and medical history, including neonatal, psychological, physiological, and medical care history. See Utah Code 78B-6-103
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Hi-rail vehicle: means a roadway maintenance vehicle that is:
(a) manufactured to meet Federal Motor Vehicle Safety Standards; and (b) equipped with retractable flanged wheels that allow the vehicle to travel on a highway or railroad tracks. See Utah Code 41-6a-102 - Highway: includes :Utah Code 68-3-12.5
- Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
- Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
- Home state: means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. See Utah Code 78B-13-102
- Home state: means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. See Utah Code 78B-14-102
- Household animal: means an animal that is tamed and kept as a pet. See Utah Code 78B-7-102
- Identifying information: means information that is in the possession of the office and that contains the name and address of a pre-existing parent or an adult adoptee, or other specific information that by itself or in reasonable conjunction with other information may be used to identify a pre-existing parent or an adult adoptee, including information on a birth certificate or in an adoption document. See Utah Code 78B-6-103
- ILO system: means the system for the classification of chest x-rays provided in the International Labour Office's Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401
- Immediate family: means the same as that term is defined in Section 76-5-106. See Utah Code 78B-7-901
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Income: includes :
(i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets; (ii) interest and dividends; (iii) periodic payments made under pension or retirement programs or insurance policies of any type; (iv) unemployment compensation benefits; (v) workers' compensation benefits; and (vi) disability benefits. See Utah Code 78B-12-102 - Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Utah Code 78B-14-102
- Income-withholding order: means an order or other legal process directed to an obligor's employer or other source of income as defined in Section 62A-11-103, to withhold support from the income of the obligor. See Utah Code 78B-14-102
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Indigent defense resources: means the resources necessary to provide an effective defense for an indigent individual. See Utah Code 78B-22-102
- Indigent defense service provider: means an attorney or entity appointed to represent an indigent individual through:
(a) a contract with an indigent defense system to provide indigent defense services; (b) an order issued by the court under Subsection 78B-22-203(2)(a); or (c) direct employment with an indigent defense system. See Utah Code 78B-22-102 - Indigent defense services: means :
(a) the representation of an indigent individual by an indigent defense service provider; and (b) the provision of indigent defense resources for an indigent individual. See Utah Code 78B-22-102 - Indigent defense system: means :
(a) a city or town that is responsible for providing indigent defense services; (b) a county that is responsible for providing indigent defense services in the district court, juvenile court, and the county's justice courts; or (c) an interlocal entity, created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, that is responsible for providing indigent defense services according to the terms of an agreement between a county, city, or town. See Utah Code 78B-22-102 - Indigent individual: means :
(a) a minor who is: (i) arrested and admitted into detention for an offense under Section 78A-6-103; (ii) charged by petition or information in the juvenile or district court; or (iii) described in this Subsection (10)(a), who is appealing an adjudication or other final court action; and (b) an individual listed in Subsection 78B-22-201(1) who is found indigent pursuant to Section 78B-22-202. See Utah Code 78B-22-102 - Initial determination: means the first child custody determination concerning a particular child. See Utah Code 78B-13-102
- Initiating tribunal: means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. See Utah Code 78B-14-102
- Initiative: means the Watershed Restoration Initiative created in Section 79-2-602. See Utah Code 79-2-601
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Intercountry adoption: includes an adoption finalized in the child's country of residence or in a state. See Utah Code 78B-24-101
- 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
- Intermediary: means a person that assists or facilitates a transfer of custody of a child, whether or not for compensation. See Utah Code 78B-24-201
- Internet: means the same as that term is defined in Section 13-40-102. See Utah Code 78B-6-2202
- Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
- Intestate: Dying without leaving a will.
- Intimate partner: means the same as that term is defined in 18 U. See Utah Code 78B-7-102
- Investigative genetic genealogy service: means the same as that term is defined in Section 53-10-403. See Utah Code 78B-9-301
- Island: means an area between traffic lanes or at an intersection for control of vehicle movements or for pedestrian refuge designated by:
(a) pavement markings, which may include an area designated by two solid yellow lines surrounding the perimeter of the area; (b) channelizing devices; (c) curbs; (d) pavement edges; or (e) other devices. See Utah Code 41-6a-102 - Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Utah Code 78B-13-102
- Issuing state: means the state whose tribunal issues a protection order. See Utah Code 78B-7-302
- Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Utah Code 78B-14-102
- Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Utah Code 78B-14-102
- IV-D child support services: means services provided pursuant to Part D of Title IV of the Social Security Act, 42 U. See Utah Code 78B-12-102
- Jail release agreement: includes a written agreement that includes the conditions described in Section (1)(a) entered into by a minor who is taken into custody or placed in detention or a shelter facility under Section 80-6-201. See Utah Code 78B-7-801
- Jail release court order: means a written court order that:
(a) orders an arrested or cited individual not to engage in any of the following: (i) telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly; (ii) threatening or harassing the alleged victim; or (iii) knowingly entering onto the premises of the alleged victim's residence or on premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or the law enforcement officer's employing agency notifies or attempts to notify the alleged victim, the individual enters the premises while accompanied by a law enforcement officer for the purpose of retrieving the individual's personal belongings; and (b) specifies other conditions of release from jail. See Utah Code 78B-7-801 - Joint physical custody: means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the child in addition to paying child support. See Utah Code 78B-12-102
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- 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.
- Juror: A person who is on the jury.
- Knowledge: means actual knowledge. See Utah Code 78B-11-102
- Land: includes :Utah Code 68-3-12.5
- Lane filtering: means , when operating a motorcycle other than an autocycle, the act of overtaking and passing another vehicle that is stopped in the same direction of travel in the same lane. See Utah Code 41-6a-102
- Law: includes decisional and statutory law and rules and regulations having the force of law. See Utah Code 78B-14-102
- law enforcement agency: means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision. See Utah Code 78B-7-102
- Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
- Law enforcement officer: is a s defined in Section 53-13-103. See Utah Code 78B-6-1602
- Law enforcement or firefighter peer support team member: means an individual who is:
(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 (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 - Law firm: means a person that employs a lawyer. See Utah Code 78B-6-2401
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Lawyer: means an individual who is authorized to provide legal services in any state or territory of the United States. See Utah Code 78B-6-2401
- 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
- Legacy: A gift of property made by will.
- Legatee: A beneficiary of a decedent
- Legislative firearm preemption: means the preemption provided for in Sections 53-5a-102 and 76-10-500. See Utah Code 78B-6-2301
- Legitimacy: means consistent with the United States and Utah constitutions, federal and state law, and all rules and principles of a fair and just legal system. See Utah Code 78B-9-502
- 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
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Licensed counselor: means an individual who is licensed by the state, or another state, district, or territory of the United States as a:
(a) certified social worker; (b) clinical social worker; (c) psychologist; (d) marriage and family therapist; (e) clinical mental health counselor; or (f) an equivalent licensed professional of another state, district, or territory of the United States. See Utah Code 78B-6-103 - Lien: A claim against real or personal property in satisfaction of a debt.
- Lien: means an interest in property that secures payment or performance of an obligation. See Utah Code 78B-21-102 v2
- 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
- Limited access highway: means a highway:
(a) that is designated specifically for through traffic; and (b) over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement, or have only a limited right or easement of access, light, air, or view. See Utah Code 41-6a-102 - Limited contact: includes authority to take the child to a place other than the residence of the child. See Utah Code 78B-20-102
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local entity: means the political subdivision for which an emergency response provider provides emergency services. See Utah Code 78B-6-1602
- Local entity: means a county, city, town, school district, special district, or special service district. See Utah Code 17D-2-102
- Local highway authority: means the legislative, executive, or governing body of a county, municipal, or other local board or body having authority to enact laws relating to traffic under the constitution and laws of the state. See Utah Code 41-6a-102
- Local or state governmental entity: means :
(a) a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state, including the Utah Board of Higher Education, each institution of higher education, and the boards of trustees of each higher education institution; or (b) a county, city, town, metro township, special district, local education agency, public school, school district, charter school, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 78B-6-2301 - Low-speed vehicle: means a four wheeled electric motor vehicle that:
- Adoption: means the judicial act that: