Part 1 General Provisions 11-63-101 – 11-63-103
Part 2 License Required 11-63-201 – 11-63-202
Part 3 Safety Standards 11-63-301 – 11-63-305
Part 4 Compliance 11-63-401 – 11-63-402
Part 5 Liability 11-63-501 – 11-63-502

Terms Used In Utah Code > Title 11 > Chapter 63

  • Account: means the Uninsured Motorist Identification Restricted Account created in Section 41-12a-806. See Utah Code 41-12a-802
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Address: includes :
    (i) a post office box number;
    (ii) a rural free delivery route number; and
    (iii) a street name and number. See Utah Code 16-6a-102
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • agent: include any person who, while serving the indicated relationship to the nonprofit corporation, at the nonprofit corporation's request, is or was serving as a director, officer, partner, trustee, employee, fiduciary, or agent of:
    (i) another domestic or foreign corporation;
    (ii) another person; or
    (iii) an employee benefit plan. See Utah Code 16-6a-901
  • Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Utah Code 46-4-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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: means an allocation of money for a specific purpose. See Utah Code 17-36-3
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include :
    (a) amended articles of incorporation;
    (b) restated articles of incorporation;
    (c) articles of merger; and
    (d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See Utah Code 46-4-102
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • Budget: means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures. See Utah Code 17-36-3
  • Budget officer: means a person described in Section 17-19a-203. See Utah Code 17-36-3
  • Budget period: means the fiscal period for which a budget is prepared. See Utah Code 17-36-3
  • Budgetary fund: means a fund for which a budget is required, such as those described in Section 17-36-8. See Utah Code 17-36-3
  • Bylaws: includes :
    (i) amended bylaws; and
    (ii) restated bylaws. See Utah Code 16-6a-102
  • 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
  • Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
  • Commercial trampoline: means a device that:
    (a) incorporates a trampoline bed; and
    (b) is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a trampoline park. See Utah Code 11-63-102
  • 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.
  • Computer program: means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. See Utah Code 46-4-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Utah Code 46-4-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • cooperative: means a nonprofit corporation organized or existing under this chapter. See Utah Code 16-6a-102
  • Corporate name: means :
    (a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
    (b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
    (c) the name of a foreign corporation as stated in the foreign corporation's:
    (i) articles of incorporation; or
    (ii) document of similar import to articles of incorporation; or
    (d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:
    (i) articles of incorporation; or
    (ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102
  • Corporation: means a nonprofit corporation or a profit corporation. See Utah Code 16-4-102
  • 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.
  • Council: means the career service council, a three-member appeals and personnel advisory board. See Utah Code 17-33-2
  • County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
  • County executive: means :Utah Code 68-3-12.5
  • County general fund: means the general fund used by a county. See Utah Code 17-36-3
  • County legislative body: means :Utah Code 68-3-12.5
  • Countywide service: means a service provided in both incorporated and unincorporated areas of a county. See Utah Code 17-36-3
  • Current period: means the fiscal period in which a budget is prepared and adopted. See Utah Code 17-36-3
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Database: means the Uninsured Motorist Identification Database created in Section 41-12a-803. See Utah Code 41-12a-802
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delegate: means a person elected or appointed to vote in a representative assembly:
    (a) for the election of a director; or
    (b) on matters other than the election of a director. See Utah Code 16-6a-102
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
  • Department: means any functional unit within a fund which carries on a specific activity. See Utah Code 17-36-3
  • Department: means the Department of Public Safety. See Utah Code 41-12a-103
  • Dependent: A person dependent for support upon another.
  • Designated agent: means the third party the department contracts with under Section 41-12a-803. See Utah Code 41-12a-802
  • Devise: To gift property by will.
  • Director: includes , unless the context requires otherwise, the estate or personal representative of a director. See Utah Code 16-6a-901
  • Director: means the director of personnel management. See Utah Code 17-33-2
  • Director: means a member of the board of directors. See Utah Code 16-6a-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
    (i) members;
    (ii) directors; or
    (iii) officers. See Utah Code 16-6a-102
  • Division: means the Driver License Division created in Section 53-3-103. See Utah Code 41-12a-802
  • Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
  • domestic corporation: means a corporation for profit that:
    (a) is not a foreign corporation; and
    (b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102
  • domestic nonprofit corporation: means an entity that:
    (a) is not a foreign nonprofit corporation; and
    (b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
  • Donor: The person who makes a gift.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 46-4-102
  • Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See Utah Code 46-4-102
  • Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Utah Code 46-4-102
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 46-4-102
  • Emergency response plan: means a written plan of action for the reasonable and appropriate contact, deployment, and coordination of services, agencies, and personnel to provide the earliest possible response to an injury or emergency. See Utah Code 11-63-102
  • Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102
  • Encumbrance system: means a method of budgetary control where part of an appropriation is reserved to cover a specific expenditure by charging obligations, such as purchase orders, contracts, or salary commitments to an appropriation account. See Utah Code 17-36-3
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: includes :
    (a) a domestic or foreign corporation;
    (b) a domestic or foreign nonprofit corporation;
    (c) a limited liability company;
    (d) a profit or nonprofit unincorporated association;
    (e) a business trust;
    (f) an estate;
    (g) a partnership;
    (h) a trust;
    (i) two or more persons having a joint or common economic interest;
    (j) a state;
    (k) the United States; or
    (l) a foreign government. See Utah Code 16-6a-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Estimated revenue: means any revenue estimated to be received during the budget period in any fund for which a budget is prepared. See Utah Code 17-36-3
  • 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.
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
    (a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Expenses: includes attorneys' fees. See Utah Code 16-6a-901
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal period: means the annual or biennial period for recording county fiscal operations. See Utah Code 17-36-3
  • 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.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
  • Foreign nonprofit corporation: means an entity:
    (a) incorporated under a law other than the laws of this state; and
    (b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. See Utah Code 17-36-3
  • Fund balance: means the excess of the assets over liabilities, reserves, and contributions, as reflected by its books of account. See Utah Code 17-36-3
  • General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17-36-3
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental agency: means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. See Utah Code 46-4-102
  • Governmental entity: means :
    (a) 
    (i) the executive branch of the state;
    (ii) the judicial branch of the state;
    (iii) the legislative branch of the state;
    (iv) an independent entity, as defined in Section 63E-1-102;
    (v) a political subdivision of the state;
    (vi) a state institution of higher education, as defined in Section 53B-3-102;
    (vii) an entity within the state system of public education; or
    (viii) the National Guard; or
    (b) any of the following that is established or controlled by a governmental entity listed in Subsection (27)(a) to carry out the public's business:
    (i) an office;
    (ii) a division;
    (iii) an agency;
    (iv) a board;
    (v) a bureau;
    (vi) a committee;
    (vii) a department;
    (viii) an advisory board;
    (ix) an administrative unit; or
    (x) a commission. See Utah Code 16-6a-102
  • Governmental subdivision: means :
    (a) a county;
    (b) a city;
    (c) a town; or
    (d) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-6a-102
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Highway: includes :Utah Code 68-3-12.5
  • 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
  • Individual: means :
    (a) a natural person;
    (b) the estate of an incompetent individual; or
    (c) the estate of a deceased individual. See Utah Code 16-6a-102
  • Information: means data, text, images, sounds, codes, computer programs, software, databases, or the like. See Utah Code 46-4-102
  • Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See Utah Code 46-4-102
  • Inherent risk: means a danger or condition that is an integral part of an activity occurring at a trampoline park. See Utah Code 11-63-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspection: means a procedure that an inspector conducts to:
    (a) determine whether a trampoline park facility, including any device or material, is constructed, assembled, maintained, tested, and operated in accordance with this chapter and the manufacturer's recommendations;
    (b) determine the operational safety of a trampoline park facility, including any device or material; and
    (c) determine whether the trampoline park's policies and procedures comply with this chapter. See Utah Code 11-63-102
  • Inspector: means an individual who:
    (a) conducts an inspection of a trampoline park to certify compliance with this chapter and industry safety standards; and
    (b) 
    (i) is certified by:
    (A) an organization that develops and publishes consensus standards for a wide range of materials, products, systems, and services that are used for trampolines; or
    (B) an organization that promotes trampoline park safety and adopts the standards described in Subsection (5)(b)(i)(A);
    (ii) represents the insurer of the trampoline park;
    (iii) represents or is certified by a department or agency, regardless of whether the agency is located within the state, that:
    (A) inspects amusement and recreational facilities and equipment; and
    (B) certifies and trains professional private industry inspectors through written testing and continuing education requirements; or
    (iv) represents an organization that the United States Olympic Committee designates as the national governing body for gymnastics. See Utah Code 11-63-102
  • 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
  • Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 17-36-3
  • Internal Revenue Code: means the federal "Internal Revenue Code of 1986" as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States of America. See Utah Code 16-6a-102
  • Judgment: means any judgment that is final by:
    (a) expiration without appeal of the time within which an appeal might have been perfected; or
    (b) final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages:
    (i) arising out of the ownership, maintenance, or use of any motor vehicle, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or
    (ii) on a settlement agreement. See Utah Code 41-12a-103
  • 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
  • Last completed fiscal period: means the fiscal period next preceding the current period. See Utah Code 17-36-3
  • 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
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability: means the obligation incurred with respect to a proceeding to pay a judgment, settlement, penalty, or fine, including:
    (a) an excise tax assessed with respect to an employee benefit plan; or
    (b) reasonable expenses. See Utah Code 16-6a-901
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local regulating authority: means the business licensing division of:
    (a) the city, town, or metro township in which the trampoline park is located; or
    (b) if the trampoline park is located in an unincorporated area, the county. See Utah Code 11-63-102
  • Majority leader: see Floor Leaders
  • Member: includes :
    (i) "voting member"; and
    (ii) a shareholder in a water company. See Utah Code 16-6a-102
  • Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102
  • Merit system: means a system of personnel administration based on the principles set forth in Section 17-33-3. See Utah Code 17-33-2
  • Minority leader: See Floor Leaders
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • money: means :
    (i) legal tender;
    (ii) a negotiable instrument; or
    (iii) other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor vehicle: means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles. See Utah Code 41-12a-103
  • Motor Vehicle Division: means the Motor Vehicle Division of the State Tax Commission created in Section 41-1a-106. See Utah Code 41-12a-802
  • Municipal service: means a service not provided on a countywide basis and not accounted for in an enterprise fund, and includes police patrol, fire protection, culinary or irrigation water retail service, water conservation, local parks, sewers, sewage treatment and disposal, cemeteries, garbage and refuse collection, street lighting, airports, planning and zoning, local streets and roads, curb, gutter, and sidewalk maintenance, and ambulance service. See Utah Code 17-36-3
  • Municipality: means :
    (a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
    (b) a town, as classified in Section 10-2-301; or
    (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Mutual benefit corporation: means a nonprofit corporation:
    (a) that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or
    (b) all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or their predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-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.
  • Nonprofit corporation: includes any domestic or foreign entity that is a predecessor of a nonprofit corporation by reason of a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Utah Code 16-6a-901
  • Nonprofit corporation: means a nonprofit corporation as defined in Section 16-6a-102. See Utah Code 16-4-102
  • Nonresident: means every person who is not a resident of Utah. See Utah Code 41-12a-103
  • Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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.
  • Official capacity: means :
    (i) when used with respect to a director, the office of director in a corporation; and
    (ii) when used with respect to a person other than a director, as contemplated in Section 16-6a-907, the office in a corporation held by the officer or the employment, fiduciary, or agency relationship undertaken by the person on behalf of the corporation. See Utah Code 16-6a-901
  • Operator: means a person who owns, manages, or controls or who has the duty to manage or control the operation of a trampoline park. See Utah Code 11-63-102
  • Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means :
    (a) a person who holds legal title to a motor vehicle;
    (b) a lessee in possession;
    (c) a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or
    (d) a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession. See Utah Code 41-12a-103
  • Participant: means an individual that uses trampoline park equipment. See Utah Code 11-63-102
  • 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.
  • Party: includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. See Utah Code 16-6a-901
  • Party related to a director: means :
    (a) the spouse of the director;
    (b) a child of the director;
    (c) a grandchild of the director;
    (d) a sibling of the director;
    (e) a parent of the director;
    (f) the spouse of an individual described in Subsections (37)(b) through (e);
    (g) an individual having the same home as the director;
    (h) a trust or estate of which the director or another individual specified in this Subsection (37) is a substantial beneficiary; or
    (i) any of the following of which the director is a fiduciary:
    (i) a trust;
    (ii) an estate;
    (iii) an incompetent;
    (iv) a conservatee; or
    (v) a minor. See Utah Code 16-6a-102
  • Person: means an:
    (a) individual; or
    (b) entity. See Utah Code 16-6a-102
  • Person: means :Utah Code 68-3-12.5
  • Person: means an individual, 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 46-4-102
  • Personal property: includes :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.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • 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.
  • Principal office: means :
    (a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:
    (i) an annual report;
    (ii) an application for a certificate of authority; or
    (iii) a notice of change of principal office; or
    (b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
  • Proceeding: means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. See Utah Code 16-6a-901
  • Proceeding: includes :
    (a) a civil suit;
    (b) arbitration;
    (c) mediation;
    (d) a criminal action;
    (e) an administrative action; or
    (f) an investigatory action. See Utah Code 16-6a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Profit corporation: means a corporation as defined in Section 16-10a-102. See Utah Code 16-4-102
  • Program: means the Uninsured Motorist Identification Database Program created in Section 41-12a-803. See Utah Code 41-12a-802
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
    (a) by the domestic or foreign nonprofit corporation at:
    (i) its registered office in this state; or
    (ii) its principal office;
    (b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
    (c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
  • Recess: A temporary interruption of the legislative business.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 46-4-102
  • Record date: means the date established under Part 6, Members, or Part 7, Member Meetings and Voting, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-102
  • Registered agent: means the registered agent of:
    (a) a domestic nonprofit corporation; or
    (b) a foreign nonprofit corporation. See Utah Code 16-6a-102
  • Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
    (a) articles of incorporation;
    (b) an application for a certificate of authority; or
    (c) a notice of change of registered office. See Utah Code 16-6a-102
  • Registration: means the issuance of the certificates and registration plates issued under the laws of Utah pertaining to the registration of motor vehicles. See Utah Code 41-12a-103
  • 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.
  • Retained earnings: means that part of the net earnings retained by an enterprise or internal service fund which is not segregated or reserved for any specific purpose. See Utah Code 17-36-3
  • Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:
    (a) the preparation and maintenance of:
    (i) minutes of the meetings of:
    (A) the board of directors; or
    (B) the members; and
    (ii) the other records and information required to be kept by the nonprofit corporation pursuant to Section 16-6a-1601; and
    (b) authenticating records of the nonprofit corporation. See Utah Code 16-6a-102
  • Security procedure: includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. See Utah Code 46-4-102
  • 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.
  • Share: means a share as defined in:
    (a) Section 16-6a-102 for a nonprofit corporation; and
    (b) Section 16-10a-102 for a profit corporation. See Utah Code 16-4-102
  • Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102
  • Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Special fund: means any fund other than the county general fund, such as those described in Section 17-36-6. See Utah Code 17-36-3
  • 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: includes an Indian tribe or band, or Alaskan native village, that is recognized by federal law or formally acknowledged by a state. See Utah Code 46-4-102
  • Statute: A law passed by a legislature.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trampoline bed: means the flexible surface of a trampoline on which a user jumps or bounces. See Utah Code 11-63-102
  • Trampoline court: means an area of a trampoline park comprising:
    (a) multiple commercial trampolines; or
    (b) at least one commercial trampoline and at least one associated foam or inflatable bag pit. See Utah Code 11-63-102
  • Trampoline park: means a place of business that offers the recreational use of a trampoline court for a fee. See Utah Code 11-63-102
  • Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Utah Code 46-4-102
  • 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.
  • Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of their status as Indians. See Utah Code 16-6a-102
  • Trustee: A person or institution holding and administering property in trust.
  • Unappropriated surplus: means that part of a fund which is not appropriated for an ensuing budget period. See Utah Code 17-36-3
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vote: includes authorization by:
    (a) written ballot; and
    (b) written consent. See Utah Code 16-6a-102
  • Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
  • voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
  • Water company: means a corporation in which a shareholder has the right, based on the shareholder's shares, to receive a proportionate share of water delivered by the corporation. See Utah Code 16-4-102
  • Water company: means :
    (a) the same as that term is defined in Subsection 16-4-102(5); or
    (b) a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-102
  • Writing: includes :Utah Code 68-3-12.5
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