Terms Used In Utah Code > Title 16 > Chapter 10a > Part 13 - Dissenters' Rights

• 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 16-10a-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. Appraisal: A determination of property value. Articles of incorporation: include : (a)  amended and restated articles of incorporation; (b)  articles of merger; and (c)  a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102 Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-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. 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 legislative body: means :Utah Code 68-3-12.5 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. domestic corporation: means a corporation for profit that: (a)  is not a foreign corporation; and (b)  is incorporated under or subject to this chapter. See Utah Code 16-10a-102 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 and foreign corporation; (b)  a 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; and (l)  a foreign government. See Utah Code 16-10a-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. 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. Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102 Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 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. 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 Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102 Person: means :Utah Code 68-3-12.5 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. Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including: (a)  an annual report; (b)  an application for a certificate of authority; or (c)  a notice of change of principal office. See Utah Code 16-10a-102 Proceeding: includes : (a)  a civil suit; (b)  arbitration or mediation; and (c)  a criminal, administrative, or investigatory action. See Utah Code 16-10a-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by: (a)  the corporation at its: (i)  registered office in this state; or (ii)  principal office; (b)  the secretary of the corporation, wherever the secretary is found; or (c)  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 16-10a-102 Record date: means the date established under 6, or 7, on which a corporation determines the identity of its shareholders. See Utah Code 16-10a-102 Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102 Shareholder: means : (i)  the person in whose name a share is registered in the records of a corporation; or (ii)  the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-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 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. Writing: includes :Utah Code 68-3-12.5