§ 13-24-1 Short title
§ 13-24-2 Definitions
§ 13-24-3 Injunctive relief
§ 13-24-4 Damages
§ 13-24-5 Attorneys’ fees
§ 13-24-6 Preservation of secrecy
§ 13-24-7 Statute of limitations
§ 13-24-8 Effect on other law
§ 13-24-9 Uniformity of application and construction

Terms Used In Utah Code > Title 13 > Chapter 24

  • Account: means the School and Institutional Trust Fund Management Account, created in Section 53D-1-203. See Utah Code 53D-1-102
  • Acquired lands: means lands acquired by the administration under the agreement. See Utah Code 53C-3-201
  • Acquired mineral interests: means mineral interests acquired by the administration pursuant to Section 3(F), (K), (L), or (M) of the agreement. See Utah Code 53C-3-201
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administration: means the School and Institutional Trust Lands Administration. See Utah Code 53C-1-103
  • 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.
  • Advocacy committee: means the Land Trusts Protection and Advocacy Committee, created in Section 53D-2-202. See Utah Code 53D-2-102
  • Advocacy director: means the director of the advocacy office, appointed as described in Section 53D-2-203. See Utah Code 53D-2-102
  • advocacy office: means the Land Trusts Protection and Advocacy Office created in Section 53D-2-201. See Utah Code 53D-1-102
  • Advocacy office: means the Land Trusts Protection and Advocacy Office, created in Section 53D-2-201. See Utah Code 53D-2-102
  • Advocacy office director: means the director of the Land Trusts Protection and Advocacy Office, appointed under Section 53D-2-203. See Utah Code 53D-1-102
  • Agreement: means the Agreement to Exchange Utah School Trust Lands Between the State of Utah and the United States of America, signed May 8, 1998, as ratified by the Utah School and Lands Exchange Act of 1998, Pub. See Utah Code 53C-3-201
  • 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.
  • Appraisal: A determination of property value.
  • 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
  • Appropriation: means an allocation of money by the governing board in a budget for a specific purpose. See Utah Code 11-13-501
  • Arbitration organization: means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator. See Utah Code 78B-11-102
  • Arbitrator: means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. See Utah Code 78B-11-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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: means the State Board of Regents established in Section 53B-1-103. See Utah Code 53B-1-101.5
  • Board: means the board of trustees established in Section 53D-1-301. See Utah Code 53D-1-102
  • Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
  • board of trustees: means the School and Institutional Trust Lands Board of Trustees. See Utah Code 53C-1-103
  • Budget: means a plan of financial operations for a fiscal year that embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or may refer collectively to the budgets for all required funds. See Utah Code 11-13-501
  • Budget officer: means the person appointed by an interlocal entity governing board to prepare the budget for the interlocal entity. See Utah Code 11-13-501
  • Budget year: means the fiscal year for which a budget is prepared. See Utah Code 11-13-501
  • Charter school governing board: means the board that governs a charter school. See Utah Code 53E-1-102
  • 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.
  • 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.
  • Court: means a court of competent jurisdiction in this state. See Utah Code 78B-11-102
  • Current year: means the fiscal year in which a budget is prepared and adopted, and which is the fiscal year immediately preceding the budget year. See Utah Code 11-13-501
  • 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.
  • Deficit: means the occurrence when expenditures exceed revenues. See Utah Code 11-13-501
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Director: means the director of the office. See Utah Code 53D-1-102
  • director of school and institutional trust lands: means the chief executive officer of the School and Institutional Trust Lands Administration. See Utah Code 53C-1-103
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Enabling act: means the act of Congress, dated July 16, 1894, enabling the people of Utah to form a constitution and state government and to be admitted into the Union. See Utah Code 53D-1-102
  • 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
  • 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.
  • Exchange: means a land or mineral interest exchange by the administration and the United States of America after March 1, 2007 that is directed by Congressional action. See Utah Code 53C-3-201
  • Exchanged lands: means lands:
    (a) acquired by the administration through an exchange; and
    (b) reduced in value to take into account the presence of minerals subject to leasing under the Mineral Leasing Act, 30 U. See Utah Code 53C-3-201
  • Exchanged mineral interests: means mineral interests:
    (a) acquired by the administration through an exchange; and
    (b) reduced in value to take into account the presence of minerals subject to leasing under the Mineral Leasing Act, 30 U. See Utah Code 53C-3-201
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fire and rescue training program: means the program described in Section 53B-29-202. See Utah Code 53B-29-201
  • Fire board: means the Utah Fire Prevention Board, created in Section 53-7-203. See Utah Code 53B-29-201
  • 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.
  • Fiscal year: means the annual period for accounting for fiscal operations in an interlocal entity. See Utah Code 11-13-501
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
  • Fund balance: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
  • Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
  • Governmental fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Identified tracts: means the tracts identified in Section 3(F), (G), (J), (K), (L), and (M) of the agreement, generally referred to as the Cottonwood Tract, Westridge Coal Tract, Ferron Field, Mill Fork Tract, Dugout Canyon Tract, Muddy Tract, and North Horn Coal Tract. See Utah Code 53C-3-201
  • Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Utah Code 13-24-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interlocal entity: includes a governmental nonprofit corporation, as that term is defined in Section 11-13a-102. See Utah Code 11-13-501
  • 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.
  • Knowledge: means actual knowledge. See Utah Code 78B-11-102
  • Land: includes :Utah Code 68-3-12.5
  • Last completed fiscal year: means the fiscal year immediately preceding the current fiscal year. See Utah Code 11-13-501
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local school board: means a board elected under Title 20A, Chapter 14, Part 2, Election of Members of Local Boards of Education. See Utah Code 53E-1-102
  • Mediation: means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. See Utah Code 78B-10-102
  • Mediation communication: means conduct or a statement, whether oral, in a record, verbal, or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator. See Utah Code 78B-10-102
  • Mediation party: means a person that participates in a mediation and whose agreement is necessary to resolve the dispute. See Utah Code 78B-10-102
  • Mediator: means an individual who is neutral and conducts a mediation. See Utah Code 78B-10-102
  • Mineral: includes oil, gas, and hydrocarbons. See Utah Code 53C-1-103
  • Misappropriation: means :
    (a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
    (b) disclosure or use of a trade secret of another without express or implied consent by a person who:
    (i) used improper means to acquire knowledge of the trade secret; or
    (ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
    (A) derived from or through a person who had utilized improper means to acquire it;
    (B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
    (C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
    (iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Utah Code 13-24-2
  • 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 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nominating committee: means the committee that nominates candidates for positions and vacancies on the board. See Utah Code 53C-1-103
  • Nominating committee: means the committee established under Section 53D-1-501. See Utah Code 53D-1-102
  • Nonparty participant: means a person, other than a party or mediator, that participates in a mediation. See Utah Code 78B-10-102
  • 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.
  • Office: means the School and Institutional Trust Fund Office, created in Section 53D-1-201. See Utah Code 53D-1-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means a parent or legal guardian. See Utah Code 53E-1-102
  • 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.
  • Person: means an individual, corporation, estate, trust, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-10-102
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-11-102
  • Person: means :Utah Code 68-3-12.5
  • Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Utah Code 13-24-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Policies: means statements applying to the administration that broadly prescribe a future course of action and guiding principles. See Utah Code 53C-1-103
  • 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.
  • Primary beneficiary representative: means the the Land Trusts Protection and Advocacy Office, created in Section 53D-2-201, acting as representative on behalf of the following trusts:
    (a) the trust established for common schools;
    (b) the trust established for schools for the blind; and
    (c) the trust established for schools for the deaf. See Utah Code 53C-1-103
  • Proceeding: means :
    (a) a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or
    (b) a legislative hearing or similar process. See Utah Code 78B-10-102
  • 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.
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • 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 78B-10-102
  • 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 78B-11-102
  • 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.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • 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.
  • 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 board: means the State Board of Education. See Utah Code 53E-1-102
  • State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53E-1-102
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
    (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
    (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Utah Code 13-24-2
  • 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.
  • trust: includes :
    (a) school and institutional trust lands, as defined in Section 53C-1-103, and related assets; and
    (b) funds and investments of school and institutional trust land revenue, as described in Title 53D, Chapter 1, School and Institutional Trust Fund Management Act. See Utah Code 53D-2-102
  • Trust beneficiaries: means those for whose benefit the school and institutional trust is managed and preserved, as required by:
    (a) the Utah Enabling Act;
    (b) the Utah Constitution; and
    (c) state law. See Utah Code 53D-2-102
  • Trust fund: means money derived from:
    (a) the sale or use of land granted to the state under Sections 6, 8, and 12 of the enabling act;
    (b) proceeds referred to in Section 9 of the enabling act from the sale of public land; and
    (c) revenue and assets referred to in Utah Constitution, Utah Code 53D-1-102
  • trust lands: means those properties granted by the United States in the Utah Enabling Act to the state in trust, and other lands transferred to the trust, which must be managed for the benefit of:
    (a) the state's public education system; or
    (b) the institutions of the state which are designated by the Utah Enabling Act as beneficiaries of trust lands. See Utah Code 53C-1-103
  • 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
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Verdict: The decision of a petit jury or a judge.
  • Writing: includes :Utah Code 68-3-12.5
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