Terms Used In Utah Code > Title 78A > Chapter 2 - Judicial Administration

• Account: means the Online Court Assistance Account created in this section. See Utah Code 78A-2-501
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• 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.
• 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
• 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.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney guardian ad litem: means an attorney employed by the office. See Utah Code 78A-2-702
• Attorney guardian ad litem: means an attorney employed by the office. See Utah Code 78A-2-801
• 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.
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Certified court reporter: means a state certified court reporter as described in Title 58, Chapter 74, State Certification of Court Reporters Act. See Utah Code 78A-2-402
• Chambers: A judge's office.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conference: means the annual statewide judicial conference established by Section 78A-2-111. See Utah Code 78A-2-103
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Council: means the Judicial Council established by Article VIII, Sec. See Utah Code 78A-2-103
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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.
• Director: means the director of the office. See Utah Code 78A-2-702
• Director: means the director of the office. See Utah Code 78A-2-801
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 78A-2-801
• Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Event data: means records of one or more of the following categories of information regarding a motor vehicle that are captured by an event data recorder:

  (i)	whether the vehicle's air bag deployed;

  (ii)	vehicle speed;

  (iii)

  vehicle steering performance;

  (iv)	vehicle brake performance or use; or

  (v)

  vehicle seatbelt status or use. See Utah Code 41-1a-1502 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. 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. 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 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 ad litem: means an attorney guardian ad litem or a private attorney guardian ad litem. See Utah Code 78A-2-702 Guardian ad litem: means an attorney guardian ad litem or a private attorney guardian ad litem. See Utah Code 78A-2-801 Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Indigent individual: means the same as that term is defined in Section 78B-22-102. See Utah Code 78A-2-801 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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 Judicial Council: means the Judicial Council established by Utah Constitution, Article VIII, Section 12. See Utah Code 78A-2-103 v2 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. Lienholder: means a person with a security interest in particular property. See Utah Code 41-1a-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 41-1a-102 Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102 Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78A-2-801 Mobile home: means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). See Utah Code 41-1a-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. 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. Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102 Office: means the Office of Guardian ad Litem, created in Section 78A-2-802. See Utah Code 78A-2-702 Office: means the Office of Guardian Ad Litem created in Section 78A-2-802. See Utah Code 78A-2-801 Official court transcriber: means a person certified and authorized in accordance with rules of the Judicial Council to transcribe into written form an audio or video recording of court proceedings. See Utah Code 78A-2-402 Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102 Oversight: Committee review of the activities of a Federal agency or program. Owner: means : (i)  a person having all the incidents of ownership of a motor vehicle, including legal title to the motor vehicle; (ii)  a person entitled to possession of a motor vehicle as the purchaser under a security agreement; or (iii)  a person entitled to possession of a motor vehicle as a lessee under a written lease agreement if the lease agreement is intended to last for more than three months at its inception. See Utah Code 41-1a-1502 Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102 Person: means :Utah Code 68-3-12.5 Plaintiff: The person who files the complaint in a civil lawsuit. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Private attorney guardian ad litem: means an attorney designated by the office in accordance with Section 78A-2-705 who is not an employee of the office. See Utah Code 78A-2-702 Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Program: means the Online Court Assistance Program created in this section. See Utah Code 78A-2-501 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. Public defender: Represent defendants who can't afford an attorney in criminal matters. Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102 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). Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Service of process: The service of writs or summonses to the appropriate party. 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. Swear: includes "affirm. See Utah Code 68-3-12.5 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102 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. Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102 Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. Writing: includes :Utah Code 68-3-12.5