Terms Used In Utah Code > Title 78B > Chapter 8 - Miscellaneous

• 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.
• Americans with Disabilities Act: means the public accommodation protections of Title III of the Americans with Disabilities Act, 42 U. See Utah Code 78B-8-701
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: means an in-depth clinical interview with a licensed mental health therapist:

  (i)	used to determine if a person is in need of: (A)  substance abuse treatment that is obtained at a substance abuse program; (B)  an educational series; or (C)  a combination of Subsections (1)(b)(i)(A) and (B); and

  (ii)

  that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Bench trial: Trial without a jury in which a judge decides the facts. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Conviction: means any conviction arising from a separate episode of driving for a violation of: (i)  driving under the influence under Section 41-6a-502; (ii)  (A)  for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or (B)  for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502. See Utah Code 41-6a-501 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. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Disease: means Human Immunodeficiency Virus infection, acute or chronic Hepatitis B infection, Hepatitis C infection, COVID-19 or another infectious disease that may cause Severe Acute Respiratory Syndrome, and any other infectious disease specifically designated by the Labor Commission, in consultation with the Department of Health and Human Services, for the purposes of this part. See Utah Code 78B-8-401 Driving under the influence court: means a court that is approved as a driving under the influence court by the Judicial Council according to standards established by the Judicial Council. See Utah Code 41-6a-501 drugs: means : (i)  a controlled substance as defined in Section 58-37-2; (ii)  a drug as defined in Section 58-17b-102; or (iii)  a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501 Educational series: means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Emergency services provider: means : (a)  an individual licensed under Section 26B-4-116, a peace officer, local fire department personnel, or personnel employed by the Department of Corrections or by a county jail, who provide prehospital emergency care for an emergency services provider either as an employee or as a volunteer; or (b)  an individual who provides for the care, control, support, or transport of a prisoner. See Utah Code 78B-8-401 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. First aid volunteer: means a person who provides voluntary emergency assistance or first aid medical care to an injured person prior to the arrival of an emergency medical services provider or peace officer. See Utah Code 78B-8-401 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. 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 Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 78B-8-401 Highway: includes :Utah Code 68-3-12.5 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. Land: includes :Utah Code 68-3-12.5 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Medical testing procedure: means a nasopharyngeal swab, a nasal swab, a capillary blood sample, a saliva test, or a blood draw. See Utah Code 78B-8-401 motor vehicle: includes : (A)  an off-highway vehicle as defined under Section 41-22-2; and (B)  a motorboat as defined in Section 73-18-2. See Utah Code 41-6a-501 Operator: means : (a)  a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-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. Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102 Peace officer: means the same as that term is defined in Section 53-1-102. See Utah Code 78B-8-401 Person: means :Utah Code 68-3-12.5 Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102 Plaintiff: The person who files the complaint in a civil lawsuit. Prisoner: means the same as that term is defined in Section 76-5-101. See Utah Code 78B-8-401 Probable cause: A reasonable ground for belief that the offender violated a specific law. 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 Prospective defendant: means a person that is an owner, lessor, or operator of a public accommodation, or a designated agent of the owner, lessor, or operator for service of process. See Utah Code 78B-8-701 Prospective plaintiff: means an individual with a disability who may bring a cause of action under the Americans with Disabilities Act, 42 U. See Utah Code 78B-8-701 Public accommodation: means the same as that term is defined in 42 U. See Utah Code 78B-8-701 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. 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 Screening: means a preliminary appraisal of a person: (i)  used to determine if the person is in need of: (A)  an assessment; or (B)  an educational series; and (ii)  that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Small business: means a commercial or business entity, including a sole proprietorship, which does not have more than 250 employees, but does not include an entity which is a subsidiary or affiliate of another entity which is not a small business. See Utah Code 78B-8-503 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 State: means any department, board, institution, hospital, college, or university of the state of Utah or any political subdivision thereof, except with respect to actions brought under 31. See Utah Code 78B-8-503 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Substance abuse treatment: means treatment obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Substance abuse treatment program: means a state licensed substance abuse program. See Utah Code 41-6a-501 Summons: Another word for subpoena used by the criminal justice system. 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 Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102 Verdict: The decision of a petit jury or a judge. Writing: includes :Utah Code 68-3-12.5