Terms Used In Utah Code > Title 78A > Chapter 11 - Judicial Conduct Commission

• Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• Agent: means a person other than a holder of any dealer's or salesperson's license issued under this chapter, who for salary, commission, or compensation of any kind, negotiates in any way for the sale, purchase, order, or exchange of three or more motor vehicles for any other person in any 12-month period. See Utah Code 41-3-102
• Allegation: something that someone says happened.
• 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.
• 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
• 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 the State Tax Commission. See Utah Code 41-3-102
• Commission: means the Judicial Conduct Commission established by Utah Constitution Article VIII, Section 13 and this chapter. See Utah Code 78A-11-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: includes :

  (i)	a written complaint against a judge; or

  (ii)

  an allegation based on reliable information received in any form, from any source, that alleges, or from which a reasonable inference can be drawn that a judge is in violation of any provision of Utah Constitution Article VIII, Section 13. See Utah Code 78A-11-102 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. 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 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: includes a representative or consignee of any dealer. 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 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: 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 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. Fleet transaction: means a licensee's sale of one or more motor vehicles to a manufacturer-approved current fleet customer under the manufacturer's fleet program. See Utah Code 41-3-102 v2 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. Investigation: means an inquiry into an allegation of misconduct, including a search for and examination of evidence concerning the allegations, which begins upon the receipt of a complaint and is completed when either the complaint is dismissed by a majority vote of the commission or when an order is sent to the Supreme Court for its review in accordance with Utah Constitution Article VIII, Section 13. See Utah Code 78A-11-102 Judge: includes the chief justice of the Supreme Court, a justice of the Supreme Court, an appellate court judge, a district court judge, an active senior judge, a juvenile court judge, a justice court judge, an active senior justice court judge, and a judge pro tempore of any court of this state. See Utah Code 78A-11-102 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 Lien: A claim against real or personal property in satisfaction of a debt. 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 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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 Motorcycle: means the same as that term is defined in Section 41-1a-102. 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 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Person: means :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. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Road: includes :Utah Code 68-3-12.5 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 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. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Wholesale motor vehicle auction: means a dealer primarily engaged in the business of auctioning consigned motor vehicles to dealers or dismantlers who are licensed by this or any other jurisdiction. See Utah Code 41-3-102 Writing: includes :Utah Code 68-3-12.5