Terms Used In Utah Code > Title 78A > Chapter 12 - Judicial Performance Evaluation Commission Act

• 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
• 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.
• Commission: means the State Tax Commission. See Utah Code 41-3-102
• Commission: means the Judicial Performance Evaluation Commission established by this chapter. See Utah Code 78A-12-102
• Contract: A legal written agreement that becomes binding when signed.
• Dealer: includes a representative or consignee of any dealer. 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
• Does not meet or exceed minimum performance standards: means that:

  (a)	(i)  a judge does not meet the certification standards under Section 78A-12-205; and (ii)  the presumption, described in Subsection 78A-12-203(4)(b)(ii), that the judge does not meet or exceed minimum performance standards is not overcome by substantial countervailing evidence; or

  (b)

  a judge meets the certification standards under Section 78A-12-205, but the presumption, described in Subsection 78A-12-203(4)(b)(i), that the judge meets or exceeds minimum performance standards is overcome by substantial countervailing evidence. See Utah Code 78A-12-102 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. judge: means a state court judge or a state court justice who is subject to a retention election. See Utah Code 78A-12-102 Justice: means a judge who is a member of the Supreme Court. See Utah Code 78A-12-102 Justice court judge: means a judge appointed pursuant to Title 78A, Chapter 7, Justice Court. See Utah Code 78A-12-102 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 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. 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 Meets or exceeds minimum performance standards: means that: (a)  (i)  a judge meets the certification standards under Section 78A-12-205; and (ii)  the presumption that the judge meets or exceeds minimum performance standards, described in Subsection 78A-12-203(4)(b)(i), is not overcome by substantial countervailing evidence; or (b)  a judge does not meet the certification standards under Section 78A-12-205, but the presumption described in Subsection 78A-12-203(4)(b)(ii), that the judge does not meet or exceed minimum performance standards, is overcome by substantial countervailing evidence. See Utah Code 78A-12-102 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 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 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Quorum: The number of legislators that must be present to do business. 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 Writing: includes :Utah Code 68-3-12.5