Terms Used In Utah Code > Title 19 > Chapter 3 > Part 1 - General Provisions

• Acknowledgment: means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose. See Utah Code 46-1-2
• Adjudicative proceeding: means :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.
• affirmation: means a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury. See Utah Code 46-1-2
• 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.
• 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.
• Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-3-102
• Broker: means a person who performs one or more of the following functions for a generator:

  (i)	arranges for transportation of the radioactive waste;

  (ii)	collects or consolidates shipments of radioactive waste; or

  (iii)

  processes radioactive waste in some manner. See Utah Code 19-3-102 Byproduct material: means the same as that term is defined in 42 U. See Utah Code 19-3-102 Commission: means : (a)  to empower to perform notarial acts; or (b)  the written document that gives authority to perform notarial acts, including the Certificate of Authority of Notary Public that the lieutenant governor issues to a notary. See Utah Code 46-1-2 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Conviction: A judgement of guilt against a criminal defendant. Copy certification: means a notarial act in which a notary certifies that a photocopy is an accurate copy of a document that is neither a public record nor publicly recorded. See Utah Code 46-1-2 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. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102 Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-3-102 Electronic seal: means an electronic version of the seal described in Section 46-1-16, that conforms with rules made under Subsection 46-1-3. See Utah Code 46-1-2 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. Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103 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. Generator: means a person who: (a)  possesses any material or component: (i)  that contains radioactivity or is radioactively contaminated; and (ii)  for which the person foresees no further use; and (b)  transfers the material or component to: (i)  a commercial radioactive waste treatment or disposal facility; or (ii)  a broker. See Utah Code 19-3-102 In the presence of the notary: means that an individual: (a)  is physically present with the notary in close enough proximity to see and hear the notary; or (b)  communicates with a remote notary by means of an electronic device or process that: (i)  allows the individual and remote notary to communicate with one another simultaneously by sight and sound; and (ii)  complies with rules made under Section 46-1-3. See Utah Code 46-1-2 Jurat: means a notarial act in which a notary certifies: (a)  the identity of a signer who: (i)  is personally known to the notary; or (ii)  provides the notary satisfactory evidence of the signer's identity; (b)  that the signer affirms or swears an oath attesting to the truthfulness of a document; and (c)  that the signer voluntarily signs the document in the presence of the notary. See Utah Code 46-1-2 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. Land: includes :Utah Code 68-3-12.5 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Libel: means a malicious defamation, expressed either by printing or by signs or pictures or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural defects of one who is alive, and thereby to expose him to public hatred, contempt or ridicule. See Utah Code 45-2-2 Low-level radioactive waste: means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. See Utah Code 19-3-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Notarial certificate: means the affidavit described in Section 46-1-6. See Utah Code 46-1-2 notarization: means an act that a notary is authorized to perform under Section 46-1-6. See Utah Code 46-1-2 Notary: includes a remote notary. See Utah Code 46-1-2 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. Official misconduct: means a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act. See Utah Code 46-1-2 Official seal: includes an electronic seal. See Utah Code 46-1-2 Oversight: Committee review of the activities of a Federal agency or program. 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, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103 Person: means :Utah Code 68-3-12.5 Personally known: means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed. See Utah Code 46-1-2 Plaintiff: The person who files the complaint in a civil lawsuit. 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. 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 Radiation: means ionizing and nonionizing radiation, including gamma rays, X-rays, alpha and beta particles, high speed electrons, and other nuclear particles. See Utah Code 19-3-102 Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102 Remote notarization: means a notarial act performed by a remote notary in accordance with this chapter for an individual who is not in the physical presence of the remote notary at the time the remote notary performs the notarial act. See Utah Code 46-1-2 Remote notary: means a notary that holds an active remote notary certification under Section 46-1-3. See Utah Code 46-1-2 Road: includes :Utah Code 68-3-12.5 Satisfactory evidence of identity: means : (i)  for both an in-person and remote notarization, identification of an individual based on: (A)  subject to Subsection (19)(b), valid personal identification with the individual's photograph, signature, and physical description that the United States government, any state within the United States, or a foreign government issues; (B)  subject to Subsection (19)(b), a valid passport that any nation issues; or (C)  the oath or affirmation of a credible person who is personally known to the notary and who personally knows the individual; and (ii)  for a remote notarization only, a third party's affirmation of an individual's identity in accordance with rules made under Section 46-1-3. See Utah Code 46-1-2 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. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Signature witnessing: means a notarial act in which an individual: (a)  appears in the presence of the notary and presents a document; (b)  provides the notary satisfactory evidence of the individual's identity, or is personally known to the notary; and (c)  signs the document in the presence of the notary. See Utah Code 46-1-2 Slander: means any libel communicated by spoken words. See Utah Code 45-2-2 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 Statute: A law passed by a legislature. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unlicensed facility: means a structure, road, or property: (a)  adjacent to, but outside of, a licensed or permitted area; and (b)  that is not used for waste disposal or waste management. See Utah Code 19-3-102 Writing: includes :Utah Code 68-3-12.5