Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
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.
Applicant: means a person who has submitted to the department a completed application and all required application and processing fees. See Utah Code 31A-5-505
Application: means a document:
completed by an applicant to provide information about the risk to be insured; and
that contains information that is used by the insurer to evaluate risk and decide whether to:
insure the risk under:
the coverage as originally offered; or
a modification of the coverage as originally offered; or
decline to insure the risk; or
used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
Appraisal: A determination of property value.
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 48-2e-1156
Arrest: Taking physical custody of a person by lawful authority.
articles of incorporation: means :
the original articles;
a special law;
articles of merger or consolidation;
a trust instrument;
another constitutive document for a trust or other entity that is not a corporation; and
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
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.
Bail bond agency: means a bail enforcement agent licensed under this chapter who operates a business to carry out the functions of a bail enforcement agent, and to conduct this business:
employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or
contracts with a bail recovery agent or bail recovery apprentice on a part-time or case-by-case basis. See Utah Code 31A-5-505
Bail enforcement agent: means an individual licensed under this chapter as a bail enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both, as is appropriate, and who:
is appointed by a bail bond surety; and
receives or is promised money or other things of value for this service. See Utah Code 31A-5-505
Bail recovery agent: means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
presenting a defendant for required court appearances;
apprehending or surrendering a defendant to a court; or
Bail recovery apprentice: means any individual licensed under this chapter as a bail recovery apprentice, and who:
has not met the requirements for licensure as a bail recovery agent or bail enforcement agent; and
is employed by a bail enforcement agent, and works under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision. See Utah Code 31A-5-505
Base taxable value: means , unless otherwise adjusted in accordance with provisions of this title, a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17C-1-102
Base year: means , except as provided in Subsection 17C-1-402(4)(c), the year during which the assessment roll is last equalized:
for a pre-July 1, 1993, urban renewal or economic development project area plan, before the project area plan's effective date;
for a post-June 30, 1993, urban renewal or economic development project area plan, or a community reinvestment project area plan that is subject to a taxing entity committee:
before the date on which the taxing entity committee approves the project area budget; or
if taxing entity committee approval is not required for the project area budget, before the date on which the community legislative body adopts the project area plan;
for a project on an inactive airport site, after the later of:
the date on which the inactive airport site is sold for remediation and development; or
the date on which the airport that operated on the inactive airport site ceased operations; or
for a community development project area plan or a community reinvestment project area plan that is subject to an interlocal agreement, as described in the interlocal agreement. See Utah Code 17C-1-102
board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
Budget hearing: means the public hearing on a proposed project area budget required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget, Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection 17C-5-302(2)(e) for a community reinvestment project area budget. See Utah Code 17C-1-102
Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 31A-5-505
Bylaws: includes comparable rules for a trust or other entity that is not a corporation. See Utah Code 31A-1-301
Certificate: means evidence of insurance given to:
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.
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
Escrow: means :
a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions:
the explanation, holding, or creation of a document; or
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.
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
Income targeted housing: means housing that is owned or occupied by a family whose annual income is at or below 80% of the median annual income for a family within the county in which the housing is located. See Utah Code 17C-1-102
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
Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
independent contractor: means a person who works for an agency as an independent contractor. See Utah Code 31A-5-505
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.
Occupied structure: means any edifice, including residential and public buildings, vehicles, or any other structure that could reasonably be expected to house or shelter persons. See Utah Code 31A-5-505
the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:
an annual report;
an application for a certificate of authority; or
a notice of change of principal office; or
if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:
for an urban renewal project area, Section 17C-2-202;
for an economic development project area, Section 17C-3-202;
for a community development project area, Section 17C-4-204; or
Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
promoting, creating, or retaining public or private jobs within the state or a community;
providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
providing open space, including streets or other public grounds or space around buildings;
providing public or private buildings, infrastructure, structures, or improvements;
relocating a business;
improving public or private recreation areas or other public grounds;
eliminating blight or the causes of blight;
redevelopment as defined under the law in effect before May 1, 2006; or
any activity described in this Subsection (47) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
Project area funds collection period: means the period of time that:
begins the day on which the first payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement; and
ends the day on which the last payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
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.
Rate: means :
the cost of a given unit of insurance; or
for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
a single number; or
a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
reimbursement insurance policy: means a policy of insurance providing coverage for all obligations and liabilities incurred by the service contract provider or warrantor under the terms of the service contract or vehicle protection product warranty issued by the provider or warrantor. See Utah Code 17C-3-104
Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
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.
certificate of interest or participation in a profit-sharing agreement;
preorganization certificate or subscription;
voting trust certificate;
certificate of deposit for a security;
certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
commodity contract or commodity option;
certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (160)(a)(i) through (xiv); or
Service contract: includes any contract or agreement to perform or reimburse the service contract holder for any one or more of the following services:
the repair or replacement of tires, wheels, or both on a motor vehicle damaged as a result of coming into contact with a road hazard;
the removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting;
the repair of chips or cracks in or the replacement of a motor vehicle windshield as a result of damage caused by a road hazard, that is primary to the coverage offered by the motor vehicle owner's motor vehicle insurance policy; or
the replacement of a motor vehicle key or key-fob if the key or key-fob becomes inoperable, lost, or stolen, except that the replacement of lost or stolen property is limited to only the replacement of a lost or stolen motor vehicle key or key-fob. See Utah Code 17C-3-104
Service contract provider: means a person who issues, makes, provides, administers, sells or offers to sell a service contract, or who is contractually obligated to provide service under a service contract. See Utah Code 17C-3-104
Subpoena: A command to a witness to appear and give testimony.
Supervision: means the employing bail enforcement agent is responsible for and authorizes the type and extent of work assigned to a bail recovery agent who is his employee or contract employee. See Utah Code 31A-5-505
Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
Tax increment: means the difference between:
the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property; and
the amount of property tax revenue that would be generated from that same area using the base taxable value of the property. See Utah Code 17C-1-102
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
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
Vehicle protection product warranty: means a written agreement by a warrantor that provides that if the vehicle protection product fails to prevent the theft of the motor vehicle, or aid in the recovery of the motor vehicle within a time period specified in the warranty, not exceeding 30 days after the day on which the motor vehicle is reported stolen, the warrantor will reimburse the warranty holder for incidental costs specified in the warranty, not exceeding $5,000, or in a specified fixed amount not exceeding $5,000. See Utah Code 17C-3-104
Warrantor: means a person who is contractually obligated to the warranty holder under the terms of a vehicle protection product warranty. See Utah Code 17C-3-104
Warranty holder: means the person who purchases a vehicle protection product, any authorized transferee or assignee of the purchaser, or any other person legally assuming the purchaser's rights under the vehicle protection product warranty. See Utah Code 17C-3-104