Terms Used In Utah Code > Title 17 > Chapter 22 - Sheriff

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• Affiliate: means a person that controls, is controlled by, or is under common control with:

  (a)	a commercial entity; and

  (b)

  (i)  directly; or (ii)  indirectly through one or more intermediaries. See Utah Code 13-37-102 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Arrest: Taking physical custody of a person by lawful authority. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attorney general: means the same as that term is defined in Section 77-42-102. See Utah Code 13-39-102 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. Bailiff: a court officer who enforces the rules of behavior in courtrooms. board: means the Utah Powersport Vehicle Franchise Advisory Board created in Section 13-35-103. See Utah Code 13-35-102 commercial entity: means a person that: (i)  has an office or other place of business located in the state; and (ii)  in the ordinary course of business transacts a consumer transaction in this state. See Utah Code 13-37-102 Compensation: means anything of economic value that is paid or transferred to a commercial entity for or in direct consideration of the disclosure of nonpublic personal information. See Utah Code 13-37-102 Computer software: means a sequence of instructions written in any programming language that is executed on a computer. See Utah Code 13-40-102 Computer virus: means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on another computer or computer network without the authorization of the owner of the other computer or computer network. See Utah Code 13-40-102 Consumer transaction: includes : (i)  the use of nonpublic personal information in relation to a transaction with a person if the transaction is for primarily personal, family, or household purposes; and (ii)  with respect to any transaction described in Subsection (4)(a): (A)  an offer or solicitation; (B)  an agreement; (C)  the performance of an agreement; or (D)  a charitable solicitation as defined in Section 13-11-3. See Utah Code 13-37-102 Contact point: means an electronic identification to which a communication may be sent, including: (a)  an email address; (b)  an instant message identity, subject to rules made by the unit under Subsection 13-39-203(1); (c)  a mobile or other telephone number; (d)  a facsimile number; or (e)  an electronic address: (i)  similar to a contact point listed in this Subsection (2); and (ii)  defined as a contact point by rule made by the unit under Subsection 13-39-203(1). See Utah Code 13-39-102 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 legislative body: means :Utah Code 68-3-12.5 Damage: means any significant impairment to the: (a)  performance of a computer; or (b)  integrity or availability of data, software, a system, or information. See Utah Code 13-40-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealership: means a site or location in this state: (a)  at which a franchisee conducts the business of a new powersport vehicle dealer; and (b)  that is identified as a new powersport vehicle dealer's principal place of business for registration purposes under Section 13-35-105. See Utah Code 13-35-102 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 Commerce. See Utah Code 13-35-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. 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 13-35-102 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. False pretenses: means the representation of a fact or circumstance that is not true and is calculated to mislead. See Utah Code 13-40-102 Financial transaction card: includes : (i)  a credit card; (ii)  a credit plate; (iii)  a bank services card; (iv)  a banking card; (v)  a check guarantee card; (vi)  a debit card; (vii)  a telephone credit card; and (viii)  a device for access as defined in Section 7-16a-102. See Utah Code 13-38a-102 franchise agreement: means a written agreement, for a definite or indefinite period, in which: (a)  a person grants to another person a license to use a trade name, trademark, service mark, or related characteristic; and (b)  a community of interest exists in the marketing of new powersport vehicles, new powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at wholesale or retail. See Utah Code 13-35-102 Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-35-102 Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor, and includes: (i)  the manufacturer or distributor of the new powersport vehicles; (ii)  an intermediate distributor; (iii)  an agent, officer, or field or area representative of the franchisor; and (iv)  a person who is affiliated with a manufacturer or a representative or who directly or indirectly through an intermediary is controlled by, or is under common control with the manufacturer. See Utah Code 13-35-102 Fraud: Intentional deception resulting in injury to another. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Identifying information: means any information that can be used to access a person's financial accounts or to obtain goods and services, including the person's: (i)  address; (ii)  birth date; (iii)  Social Security number; (iv)  driver license number; (v)  non-driver governmental identification number; (vi)  telephone number; (vii)  bank account number; (viii)  student identification number; (ix)  credit or debit card number; (x)  personal identification number; (xi)  unique biometric data; (xii)  employee or payroll number; (xiii)  automated or electronic signature; (xiv)  computer image file; (xv)  photograph; or (xvi)  computer screen name or password. See Utah Code 13-40-102 Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. Intentionally deceptive: means any of the following: (a)  an intentionally and materially false or fraudulent statement; (b)  a statement or description that intentionally omits or misrepresents material information in order to deceive an owner or operator of a computer; or (c)  an intentional and material failure to provide a notice to an owner or operator concerning the installation or execution of computer software, for the purpose of deceiving the owner or operator. See Utah Code 13-40-102 Internet: means the global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions, and that is able to support communications using the transmission control protocol/Internet protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure. See Utah Code 13-40-102 Internet service provider: means : (a)  an Internet service provider, as defined in Section 76-10-1230; or (b)  a hosting company, as defined in Section 76-10-1230. See Utah Code 13-40-102 Land: includes :Utah Code 68-3-12.5 Law clerk: Assist judges with research and drafting of opinions. 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: 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 Line-make: means the powersport vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor, or manufacturer of the powersport vehicle. See Utah Code 13-35-102 Message: means a graphical or text communication presented to an authorized user of a computer. See Utah Code 13-40-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 New powersport vehicle dealer: means a person who is engaged in the business of buying, selling, offering for sale, or exchanging new powersport vehicles either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise who has established a place of business for the sale, lease, trade, or display of powersport vehicles. See Utah Code 13-35-102 Nonpublic personal information: includes : (i)  a person's Social Security number; (ii)  information used to determine a person's credit worthiness including a person's: (A)  income; or (B)  employment history; (iii)  the purchasing patterns of a person; or (iv)  the personal preferences of a person. See Utah Code 13-37-102 Notice: includes all papers and orders, except process, required to be served in any proceeding before any court, board, commission or officer, or when required by law to be served independently of such proceedings. See Utah Code 17-22-1 notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-35-102 Owner or operator: means the owner or lessee of a computer, or a person using a computer with the owner's or lessee's authorization. See Utah Code 13-40-102 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 :Utah Code 68-3-12.5 Person: means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof. See Utah Code 13-40-102 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Personally identifiable information: means any of the following information if it allows the entity holding the information to identify the owner or operator of a computer: (a)  the first name or first initial in combination with the last name and a home or other physical address including street name; (b)  a personal identification code in conjunction with a password required to access an identified account, other than a password, personal identification number, or other identification number transmitted by an authorized user to the issuer of the account or its agent; (c)  a Social Security number, tax identification number, driver license number, passport number, or any other government-issued identification number; or (d)  an account balance, overdraft history, or payment history that personally identifies an owner or operator of a computer. See Utah Code 13-40-102 Plaintiff: The person who files the complaint in a civil lawsuit. Powersport vehicle: means : (i)  an all-terrain type I, type II, or type III vehicle "ATV" defined in Section 41-22-2; (ii)  a snowmobile as defined in Section 41-22-2; (iii)  a motorcycle as defined in Section 41-1a-102; (iv)  a personal watercraft as defined in Section 73-18-2; (v)  except as provided in Subsection (12)(b), a motor-driven cycle as defined in Section 41-6a-102; or (vi)  a moped as defined in Section 41-6a-102. See Utah Code 13-35-102 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: as used in this chapter includes all writs, warrants, summonses and orders of the courts of justice or judicial officers. See Utah Code 17-22-1 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public information: means a person's: (a)  name; (b)  telephone number; or (c)  street address. See Utah Code 13-37-102 Receipt: means any document related to the transaction of business provided to a person that uses a financial transaction card. See Utah Code 13-38a-102 Registry: means the child protection registry established in Section 13-39-201. See Utah Code 13-39-102 Relevant market area: means : (a)  for a powersport dealership in a county that has a population of less than 225,000: (i)  the county in which the powersport dealership exists or is to be established or relocated; and (ii)  in addition to the county described in Subsection (13)(a)(i), the area within a 15-mile radius from the site of the existing, new, or relocated dealership; or (b)  for a powersport dealership in a county that has a population of 225,000 or more, the area within a 10-mile radius from the site of the existing, new, or relocated dealership. See Utah Code 13-35-102 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. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Service of process: The service of writs or summonses to the appropriate party. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Subpoena: A command to a witness to appear and give testimony. substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-35-305 Summons: Another word for subpoena used by the criminal justice system. third party: means a person other than the commercial entity that obtains nonpublic personal information. See Utah Code 13-37-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Unit: means the Internet Crimes Against Children unit within the Office of the Attorney General created in Section 67-5-21. See Utah Code 13-39-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Webpage: means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet. See Utah Code 13-40-102 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5