§ 13-11a-1 Purpose
§ 13-11a-2 Definitions
§ 13-11a-3 Deceptive trade practices enumerated — Records to be kept — Defenses
§ 13-11a-4 Jurisdiction of district courts — Injunctive relief — Damages — Attorneys’ fees — Corrective advertising — Notification required
§ 13-11a-5 Exemptions
§ 13-11a-6 Truth in music advertising — Exemptions — Penalties

Terms Used In Utah Code > Title 13 > Chapter 11a

  • Advertisement: means any written, oral, or graphic statement or representation made by a supplier in connection with the solicitation of business. See Utah Code 10-9a-610
  • 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.
  • 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.
  • Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
  • 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.
  • Chief executive officer: means :
    (a) the governor, for the state;
    (b) the chair of the county commission or the county executive, for a county; and
    (c) the mayor, for a municipality, or if governed under a council-manager form of government, the chair of the council. See Utah Code 52-8-102
  • clearly and conspicuously disclose: means :
    (a) in the print media:
    (i) to state in typeface that is sufficiently bold to be obviously seen;
    (ii) to state in type size of at least 10 point type for a 14" x 23" document, and, in larger documents, of a type size of proportionately the same size; and
    (iii) to place in the text so as to be obviously seen;
    (b) in radio advertising, to verbally state in the same volume as that used in the advertisement;
    (c) in television advertising, the method for print media or radio advertising is acceptable unless contrary to other governing laws. See Utah Code 10-9a-610
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • 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.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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 48-2e-1156
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Donor: The person who makes a gift.
  • 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.
  • General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
  • Geologic hazard: means :
    (a) a surface fault rupture;
    (b) shallow groundwater;
    (c) liquefaction;
    (d) a landslide;
    (e) a debris flow;
    (f) unstable soil;
    (g) a rock fall; or
    (h) any other geologic condition that presents a risk:
    (i) to life;
    (ii) of substantial loss of real property; or
    (iii) of substantial damage to real property. See Utah Code 10-9a-103
  • Goods and services: means all items which may be the subject of a sales transaction. See Utah Code 10-9a-610
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Government entity: includes the state, its agencies and institutions, each county, municipality, school district, local district, and special service district in Utah. See Utah Code 52-8-102
  • Highway: includes :Utah Code 48-2e-1156
  • Historic preservation authority: means a person, board, commission, or other body designated by a legislative body to:
    (a) recommend land use regulations to preserve local historic districts or areas; and
    (b) administer local historic preservation land use regulations within a local historic district or area. See Utah Code 10-9a-103
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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 48-2e-1156
  • Land use authority: means :
    (a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
    (b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Legislative body: means the municipal council. See Utah Code 10-9a-103
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • 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
  • Nondiscounted price: means a price at which the goods or services are offered at the time of the price assessment without a temporary store reduction in price. See Utah Code 10-9a-610
  • 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 any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Performing group: means a vocal or instrumental group that performs live music for a paying audience. See Utah Code 10-9a-610
  • Person: means an individual, including a consumer, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Utah Code 10-9a-610
  • Person: means :Utah Code 48-2e-1156
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plat: means a map or other graphical representation of lands being laid out and prepared in accordance with Section 10-9a-603, 17-23-17, or 57-8-13. See Utah Code 10-9a-103
  • 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.
  • Price assessment: means the determination of the prices underlying a price comparison. See Utah Code 10-9a-610
  • Price assessor: means a firm or individual that determines the prices, including the reference prices, underlying the price comparison, or who makes the price comparison. See Utah Code 10-9a-610
  • Price comparison: means any express representation that a specific savings, reduction, or discount exists or will exist between the supplier's advertised price and another specific price. See Utah Code 10-9a-610
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Product area: means the geographical area in which the prospective purchasers to whom the advertisement is aimed could reasonably be expected to seek the goods or services in question. See Utah Code 10-9a-610
  • Promotional literature: means reports whose primary or secondary purpose is to provide nonresidents with information about the government entity that produced the report. See Utah Code 52-8-102
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 48-2e-1156
  • Recording group: means a vocal or instrumental group at least one of the members of which has released a commercial sound recording under the group's name, if the member has a legal right to use of the group's name. See Utah Code 10-9a-610
  • Regular price: means the price at which a supplier has recently offered the goods or services for sale in good faith in the regular course of business. See Utah Code 10-9a-610
  • Report: means each account, statement, record of proceedings, summary of activities, and other written or printed document required by statute that is prepared or produced by a government entity that is distributed to the public. See Utah Code 52-8-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • Statute: A law passed by a legislature.
  • Street: means a public right-of-way, including a highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way. See Utah Code 10-9a-103
  • Subdivision: includes :
    (i) the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and
    (ii) except as provided in Subsection (57)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
  • Supplier: means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces sales transactions, whether or not he deals directly with the purchaser. See Utah Code 10-9a-610
  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
  • Writing: includes :Utah Code 48-2e-1156
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