Terms Used In Utah Code > Title 78A > Chapter 7 - Justice Court

• Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
• 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
• 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.
• 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 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. Board: means the advisory board created in Section 41-3-106. See Utah Code 41-3-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commission: means the State Tax Commission. See Utah Code 41-3-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. 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 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 Electric vehicle manufacturer: means a person that, in this state, sells, displays for sale, or offers for sale or exchange only new motor vehicles of the person's own line-make that are: (a)  exclusively propelled through the use of electricity, a hydrogen fuel cell, or another non-fossil fuel source; (b)  (i)  passenger vehicles with a gross vehicle weight rating of 14,000 pounds or less; or (ii)  trucks with a gross vehicle weight rating of 14,000 pounds or less; and (c)  manufactured by the person. 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. 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. 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. Joint resolution: A legislative measure which requires the approval of both chambers. 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. Lien: A claim against real or personal property in satisfaction of a debt. 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 Low-volume manufacturer: means a manufacturer who: (a)  in this state, sells, displays for sale, or offers for sale or exchange only new motor vehicles of the person's own line make that are: (i)  (A)  passenger vehicles with a gross vehicle weight rating of 14,000 pounds or less; or (B)  trucks with a gross vehicle weight rating of 14,000 pounds or less; and (ii)  manufactured by the person; and (b)  constructs no more than 325 new motor vehicles in any 12-month period. 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 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 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 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Pawnbroker: means a person whose business is to lend money on security of personal property deposited with him. See Utah Code 41-3-102 Person: means :Utah Code 68-3-12.5 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. 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 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 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. Remand: When an appellate court sends a case back to a lower court for further proceedings. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. 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 Semitrailer: means the same as that term is defined in Section 41-1a-102. 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 Statute: A law passed by a legislature. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. 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 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. 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 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5