Terms Used In Utah Code > Title 13 > Chapter 15 - Business Opportunity Disclosure Act

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• 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.
• Allegation: something that someone says happened.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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 Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
• Business opportunity: means an arrangement under which a person:

  (i)	sells or leases a product, equipment, a supply, or a service: (A)  upon payment of initial required consideration of at least $500; and (B)  for the purpose of enabling the buyer or lessee to start a business; and

  (ii)

  represents to the buyer or lessee that: (A)  the person will provide a location or assist the buyer or lessee find a location for the use or operation of a vending machine, rack, display case, or other similar device, or a currency-operated amusement machine or device, on premises neither owned nor leased by the person nor the buyer or lessee; (B)  the person will purchase a product the buyer or lessee makes, produces, fabricates, grows, or modifies, using in whole or in part the product, equipment, supply, or service the buyer or lessee buys or leases from the person; (C)  the person will provide the buyer or lessee with a guarantee that the buyer or lessee will receive income from the product, equipment, supply, or service the buyer or lessee buys or leases from the person that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service, and if not the person will repurchase the product, equipment, supply, or service, if the buyer or lessee is dissatisfied; or (D)  the buyer or lessee will or may derive income from the business described in Subsection (1)(a)(i) that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service. See Utah Code 13-15-102 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 Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102 Competency evaluation: means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial. See Utah Code 77-15-2 Competent to stand trial: means that a defendant has: (a)  a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and (b)  the ability to consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense. See Utah Code 77-15-2 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal 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 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 Human Services. See Utah Code 77-15-2 Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-15-102 Donor: The person who makes a gift. 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 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. Forensic evaluator: means a licensed mental health professional who is: (a)  not involved in the defendant's treatment; and (b)  trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation. See Utah Code 77-15-2 Franchise: means the same as that term is defined by Federal Trade Commission rules governing franchise and business opportunity ventures. See Utah Code 13-15-102 Fraud: Intentional deception resulting in injury to another. 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 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Guarantee: means a written agreement that: (a)  a purchaser and seller sign; and (b)  discloses the complete details and each limitation or exception of the agreement. See Utah Code 13-15-102 Highway: includes :Utah Code 68-3-12.5 Incompetent to proceed: means that a defendant is not competent to stand trial. See Utah Code 77-15-2 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Initial required consideration: includes the sum of any down payment and the total of all additional payments, if the purchaser's payment under the terms of the business opportunity is over a period of time. See Utah Code 13-15-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5 Interlocal entity: means : (a)  a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or (b)  a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103 Joint administrator: means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. See Utah Code 11-13-103 Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103 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. Law enforcement agency: means an entity or division of: (i)  (A)  the federal government, a state, or a political subdivision of a state; (B)  a state institution of higher education; or (C)  a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and (ii)  that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102 Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Meeting: means the convening of a public body or a specified body, with a quorum present, including a workshop or an executive session, whether in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body or specific body has jurisdiction or advisory power. See Utah Code 52-4-103 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. 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 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. 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 Person: means :Utah Code 68-3-12.5 Personal property: All property that is not real property. Personal property: includes :Utah Code 68-3-12.5 Petition: means a petition to request a court to determine whether a defendant is competent to stand trial. See Utah Code 77-15-2 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. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Principal: means as the division determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 13-15-102 Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals. Probable cause: A reasonable ground for belief that the offender violated a specific law. Progress toward competency evaluation: means an evaluation to determine whether an individual who is receiving restoration treatment is: (a)  competent to stand trial; (b)  incompetent to proceed but has a substantial probability of becoming competent to stand trial in the foreseeable future; or (c)  incompetent to proceed and does not have a substantial probability of becoming competent to stand trial in the foreseeable future. See Utah Code 77-15-2 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 68-3-12.5 Public agency: means : (a)  a city, town, county, school district, local district, special service district, an interlocal entity, or other political subdivision of the state; (b)  the state or any department, division, or agency of the state; (c)  any agency of the United States; (d)  any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or (e)  any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103 Public body: includes : (i)  an interlocal entity or joint or cooperative undertaking, as those terms are defined in Section 11-13-103; (ii)  a governmental nonprofit corporation as that term is defined in Section 11-13a-102; (iii)  the Utah Independent Redistricting Commission; and (iv)  a project entity, as that term is defined in Section 11-13-103. See Utah Code 52-4-103 Public officer: means a member of the Utah State Senate, a member of the Utah State House of Representatives, the governor, lieutenant governor, state auditor, state treasurer, attorney general, or any justice or judge of a court of record. See Utah Code 52-7-102 Public official: means the same as that term is defined in Section 36-11-102. See Utah Code 53-1-102 Purchaser: means a person who buys or leases from another person a business opportunity. See Utah Code 13-15-102 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 Restoration screening: means an assessment of an individual determined to be incompetent to stand trial for the purpose of determining the appropriate placement and restoration treatment for the individual. See Utah Code 77-15-2 Restoration treatment: means training and treatment that is: (a)  provided to an individual who is incompetent to proceed; (b)  tailored to the individual's particular impairment to competency; and (c)  limited to the purpose of restoring the individual to competency. See Utah Code 77-15-2 Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC Seller: means a person who offers to sell, offers to lease, sells, or leases to another person a business opportunity. See Utah Code 13-15-102 service mark: means a trademark, trade name, or service mark registered with the United States Patent and Trademark Office, or Utah, or the state of incorporation if a corporation. See Utah Code 13-15-102 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 State institution of higher education: means the same as that term is defined in Section 53B-3-102. See Utah Code 53-1-102 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subpoena: A command to a witness to appear and give testimony. Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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 Verdict: The decision of a petit jury or a judge. Writing: includes :Utah Code 68-3-12.5