Part 1 General Provisions 78A-10a-101 – 78A-10a-103
Part 2 Judicial Selection Process 78A-10a-201 – 78A-10a-204
Part 3 Appellate Court Nominating Commission 78A-10a-301 – 78A-10a-305
Part 4 District and Juvenile Court Nominating Commissions 78A-10a-401 – 78A-10a-405
Part 5 Business and Chancery Court Nominating Commission 78A-10a-501 – 78A-10a-505

Terms Used In Utah Code > Title 78A > Chapter 10a - Judicial Selection

  • Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Auction: means a dealer engaged in the business of auctioning motor vehicles, either owned or consigned, to the general public. See Utah Code 41-3-102
  • Authorized service center: means an entity that:
    (a) is in the business of repairing exclusively the motor vehicles of the same line-make as the motor vehicles a single direct-sale manufacturer manufactures;
    (b) the direct-sale manufacturer described in Subsection (4)(a) authorizes to complete warranty repair work for motor vehicles that the direct-sale manufacturer sells, displays for sale, or offers for sale or exchange; and
    (c) conducts business primarily from an enclosed commercial repair facility that is permanently located in the state. See Utah Code 41-3-102
  • Body shop: means a person engaged in rebuilding, restoring, repairing, or painting the body of motor vehicles for compensation. See Utah Code 41-3-102
  • Commission: means a judicial nominating commission created under Section 78A-10a-302 or 78A-10a-402. See Utah Code 78A-10a-101
  • Commission: means the Appellate Court Nominating Commission created under Section 78A-10a-302. See Utah Code 78A-10a-301
  • Commission: means a district and juvenile court nominating commission created under Section 78A-10a-402. See Utah Code 78A-10a-401
  • Commission: means the Business and Chancery Court Nominating Commission created in Section 78A-10a-502. See Utah Code 78A-10a-501
  • Commissioner: means an individual appointed by the governor to serve on a judicial nominating commission created under Section 78A-10a-302 or 78A-10a-402. See Utah Code 78A-10a-101
  • Commissioner: means an individual appointed by the governor to serve on the Appellate Court Nominating Commission created under Section 78A-10a-302. See Utah Code 78A-10a-301
  • Commissioner: means an individual appointed by the governor to serve on a district and juvenile court nominating commission created under Section 78A-10a-402. See Utah Code 78A-10a-401
  • Commissioner: means an individual appointed by the governor to serve on the Business and Chancery Court Nominating Commission. See Utah Code 78A-10a-501
  • Contract: A legal written agreement that becomes binding when signed.
  • Crusher: means a person who crushes or shreds motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to reduce the useable materials and metals to a more compact size for recycling. See Utah Code 41-3-102
  • Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102
  • Direct-sale manufacturer: means a person:
    (a) that is both a manufacturer and a dealer;
    (b) that is:
    (i) an electric vehicle manufacturer; or
    (ii) a low-volume manufacturer;
    (c) that is not a franchise holder;
    (d) that is domiciled in the United States; and
    (e) whose chief officers direct, control, and coordinate the person's activities as a direct-sale manufacturer from a physical location in the United States. See Utah Code 41-3-102
  • Direct-sale manufacturer salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by a direct-sale manufacturer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of a motor vehicle manufactured by the direct-sale manufacturer who employs the individual. See Utah Code 41-3-102
  • Dismantler: includes a person who dismantles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
  • Distributor: means a person who has a franchise from a manufacturer of motor vehicles to distribute motor vehicles within this state and who in whole or in part sells or distributes new motor vehicles to dealers or who maintains distributor representatives. See Utah Code 41-3-102
  • Distributor branch: means a branch office similarly maintained by a distributor for the same purposes a factory branch is maintained. See Utah Code 41-3-102
  • Distributor representative: means a person and each officer and employee of the person engaged as a representative of a distributor or distributor branch of motor vehicles to make or promote the sale of the distributor or the distributor branch's motor vehicles, or for supervising or contacting dealers or prospective dealers of the distributor or the distributor branch. See Utah Code 41-3-102
  • Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102
  • 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.
  • Factory branch: means a branch office maintained by a person who manufactures or assembles motor vehicles for sale to distributors, motor vehicle dealers, or who directs or supervises the factory branch's representatives. See Utah Code 41-3-102
  • Factory representative: means a person and each officer and employee of the person engaged as a representative of a manufacturer of motor vehicles or by a factory branch to make or promote the sale of the manufacturer's or factory branch's motor vehicles, or for supervising or contacting the dealers or prospective dealers of the manufacturer or the factory branch. See Utah Code 41-3-102
  • Franchise: includes a contract or agreement described in Subsection (20)(a) regardless of whether the contract or agreement is subject to Title 13, Chapter 14, New Automobile Franchise Act, Title 13, Chapter 35, Powersport Vehicle Franchise Act, or neither. See Utah Code 41-3-102
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • 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
  • Line-make: means motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer. See Utah Code 41-3-102
  • Manufacturer: means a person engaged in the business of constructing or assembling new motor vehicles, ownership of which is customarily transferred by a manufacturer's statement or certificate of origin, or a person who constructs three or more new motor vehicles in any 12-month period. See Utah Code 41-3-102
  • Minority leader: See Floor Leaders
  • Motor vehicle: means a vehicle that is:
    (i) self-propelled;
    (ii) a trailer;
    (iii) a travel trailer;
    (iv) a semitrailer;
    (v) an off-highway vehicle; or
    (vi) a small trailer. See Utah Code 41-3-102
  • New motor vehicle: means a motor vehicle that:
    (a) has never been titled or registered; and
    (b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 41-3-102
  • Person: means :Utah Code 68-3-12.5
  • Principal place of business: means a site or location in this state:
    (i) devoted exclusively to the business for which the dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses incidental to them;
    (ii) sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicate the boundary and to admit a definite description with space adequate to permit the display of three or more new, or new and used, or used motor vehicles and sufficient parking for the public; and
    (iii) that includes a permanent enclosed building or structure large enough to accommodate the office of the establishment and to provide a safe place to keep the books and other records of the business, at which the principal portion of the business is conducted and the books and records kept and maintained. See Utah Code 41-3-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remanufacturer: means a person who reconstructs used motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to change the body style and appearance of the motor vehicle or who constructs or assembles motor vehicles from used or new and used motor vehicle parts, or who reconstructs, constructs, or assembles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
  • Salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by any new motor vehicle dealer or used motor vehicle dealer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of motor vehicles. See Utah Code 41-3-102
  • 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 equipment: includes a truck mounted crane, cherry picker, material lift, post hole digger, and a utility or service body. See Utah Code 41-3-102
  • Special equipment dealer: means a new or new and used motor vehicle dealer engaged in the business of buying new incomplete motor vehicles with a gross vehicle weight of 12,000 or more pounds and installing special equipment on the incomplete motor vehicle. See Utah Code 41-3-102
  • 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
  • Trailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
  • Transporter: means a person engaged in the business of transporting motor vehicles as described in Section 41-3-202. See Utah Code 41-3-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Used motor vehicle: means a vehicle that:
    (a) has been titled and registered to a purchaser other than a dealer; or
    (b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 41-3-102
  • Writing: includes :Utah Code 68-3-12.5