Terms Used In Utah Code > Title 78A > Chapter 12 > Part 2 - Judicial Performance Evaluation

• 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 Judicial Performance Evaluation Commission established by this chapter. See Utah Code 78A-12-102
• Contract: A legal written agreement that becomes binding when signed.
• 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 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. 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 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