Utah Code > Title 31A > Chapter 27a > Part 2 – Proceedings
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Terms Used In Utah Code > Title 31A > Chapter 27a > Part 2 - Proceedings
- Accomplice: means an individual who has engaged in criminal conduct as described in Section 76-2-202. See Utah Code 63M-7-502
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- 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 services provider: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502
- Affected guaranty association: means a guaranty association that is or may become liable for payment of a covered claim. See Utah Code 31A-27a-102
- Affiliate: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Agency: means :
(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and (b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Application: means a document:
(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301 - Appointing authority: means an authority named in Section 63M-14-202 that appoints an authority member for a Colorado River authority area. See Utah Code 63M-14-102
- 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
- articles of incorporation: means :
(a) the original articles; (b) a special law; (c) a charter; (d) an amendment; (e) restated articles; (f) articles of merger or consolidation; (g) a trust instrument; (h) another constitutive document for a trust or other entity that is not a corporation; and (i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301 - Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Authority: means the Colorado River Authority of Utah created by Section 63M-14-201. See Utah Code 63M-14-102
- Authority member: means a person appointed as a member of the authority under Section 63M-14-202 or designated as a member of the authority. See Utah Code 63M-14-102
- Board: means the Crime Victim Reparations and Assistance Board created under Section 63M-7-504. See Utah Code 63M-7-502
- Board: means the Domestic Violence Offender Treatment Board created in Section 63M-7-702. See Utah Code 63M-7-701
- Board: means the Sex Offense Management Board created in Section 63M-7-802. See Utah Code 63M-7-801
- board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 63M-7-502
- Center on Aging: means the Center on Aging within the University of Utah. See Utah Code 63M-11-103
- Certificate: means evidence of insurance given to:
(a) an insured under a group insurance policy; or (b) a third party. See Utah Code 31A-1-301 - Chair: means the chair of the authority. See Utah Code 63M-14-102
- Chambers: A judge's office.
- Child: means an unemancipated individual who is under 18 years old. See Utah Code 63M-7-502
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Claimant: means any of the following claiming reparations under this part:
(a) a victim; (b) a dependent of a deceased victim; or (c) an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502 - Collateral source: means any source of benefits or advantages for economic loss otherwise reparable under this part that the victim or claimant has received, or that is readily available to the victim from:
(a) the offender; (b) the insurance of the offender or the victim; (c) the United States government or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory state-funded programs; (d) social security, Medicare, and Medicaid; (e) state-required temporary nonoccupational income replacement insurance or disability income insurance; (f) workers' compensation; (g) wage continuation programs of any employer; (h) proceeds of a contract of insurance payable to the victim for the loss the victim sustained because of the criminally injurious conduct; (i) a contract providing prepaid hospital and other health care services or benefits for disability; or (j) veteran's benefits, including veteran's hospitalization benefits. See Utah Code 63M-7-502 - Colorado River authority area: means the geographic area designated by Subsection 63M-14-202(2). See Utah Code 63M-14-102
- Colorado River Basin States: means Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming. See Utah Code 63M-14-102
- Colorado River system: means the entire drainage of the Colorado River in Utah including both the main stem of the Colorado River and the Colorado River's tributaries. See Utah Code 63M-14-102
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 63M-7-701
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 63M-7-801
- Commission: means the Utah Victim Services Commission. See Utah Code 63M-7-901
- Commission: means the Utah Commission on Aging, created in Section 63M-11-102. See Utah Code 63M-11-103
- Commission: means the Utah Marriage Commission created by this chapter. See Utah Code 63M-15-102
- Commissioner: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Control: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Conviction: A judgement of guilt against a criminal defendant.
- Coordinator: means an employee from Utah State University described in Section 63M-15-206. See Utah Code 63M-15-102
- 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.
- Criminal justice system victim advocate: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502
- Criminally injurious conduct: includes a felony violation of Section 76-7-101 and other conduct leading to the psychological injury of an individual resulting from living in a setting that involves a bigamous relationship. See Utah Code 63M-7-502
- Decedent: A deceased person.
- 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.
- Defense attorney: Represent defendants in criminal matters.
- Delinquency proceeding: means a:
(a) proceeding instituted against an insurer for the purpose of rehabilitating or liquidating the insurer; and (b) summary proceeding under Section 31A-27a-201. See Utah Code 31A-27a-102 - Department: is a s defined in Section 31A-1-301 unless the context requires otherwise. See Utah Code 31A-27a-102
- Dependent: includes a child of the victim born after the victim's death. See Utah Code 63M-7-502
- Dependent: A person dependent for support upon another.
- Director: means the director of the office. See Utah Code 63M-7-502
- Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
- Disposition: means the sentencing or determination of penalty or punishment to be imposed upon an individual:
(a) convicted of a crime; (b) found delinquent; or (c) against whom a finding of sufficient facts for conviction or finding of delinquency is made. See Utah Code 63M-7-502 - domiciliary state: means the state in which an insurer is incorporated or organized, except that "domiciliary state" means:
(a) in the case of an alien insurer, its state of entry; or (b) in the case of a risk retention group, the state in which the risk retention group is chartered as contemplated in the Liability Risk Retention Act, 15 U. See Utah Code 31A-27a-102 - Economic loss: includes economic detriment even if caused by pain and suffering or physical impairment. See Utah Code 63M-7-502
- Employee: means :
(a) an individual employed by an employer; or (b) an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301 - 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.
- 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.
- Fiduciary: A trustee, executor, or administrator.
- Filed: means that a filing is:
(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order; (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and (iii) accompanied by the appropriate fee in accordance with: (A) Section 31A-3-103; or (B) rule. See Utah Code 31A-1-301 - Filing: when used as a noun, means an item required to be filed with the department including:
(a) a policy; (b) a rate; (c) a form; (d) a document; (e) a plan; (f) a manual; (g) an application; (h) a report; (i) a certificate; (j) an endorsement; (k) an actuarial certification; (l) a licensee annual statement; (m) a licensee renewal application; (n) an advertisement; (o) a binder; or (p) an outline of coverage. See Utah Code 31A-1-301 - 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 insurer: means an insurer domiciled in another state. See Utah Code 31A-27a-102
- Formal delinquency proceeding: means a rehabilitation or liquidation proceeding. See Utah Code 31A-27a-102
- Fraud: Intentional deception resulting in injury to another.
- Fraudulent claim: means a filed reparations based on material misrepresentation of fact and intended to deceive the reparations staff for the purpose of obtaining reparation funds for which the claimant is not eligible. See Utah Code 63M-7-502
- Fund: means the Crime Victim Reparations Fund created in Section 63M-7-526. See Utah Code 63M-7-502
- 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
- Good faith: means honesty in fact and intention, and in regard to 5, also requires the absence of:
(a) information that would lead a reasonable person in the same position to know that the insurer is financially impaired or insolvent; and (b) knowledge regarding the imminence or pendency of a delinquency proceeding against the insurer. See Utah Code 31A-27a-102 - Guaranty association: means :
(a) a mechanism mandated by Chapter 28, Guaranty Associations; or (b) a similar mechanism in another state that is created for the payment of claims or continuation of policy obligations of a financially impaired or insolvent insurer. See Utah Code 31A-27a-102 - Impaired: means that an insurer:
(a) does not have admitted assets at least equal to the sum of: (i) all its liabilities; and (ii) the minimum surplus required to be maintained by Section 31A-5-211 or 31A-8-209; or (b) has a total adjusted capital that is less than its authorized control level RBC, as defined in Section 31A-17-601. See Utah Code 31A-27a-102 - insolvent: means that an insurer:
(a) is unable to pay its obligations when they are due; (b) does not have admitted assets at least equal to all of its liabilities; or (c) has a total adjusted capital that is less than its mandatory control level RBC, as defined in Section 31A-17-601. See Utah Code 31A-27a-102 - Insurance: includes :
(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind; (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and (iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301 - insurer: means a person who:
(a) is doing, has done, purports to do, or is licensed to do the business of insurance; (b) is or has been subject to the authority of, or to rehabilitation, liquidation, reorganization, supervision, or conservation by an insurance commissioner; or (c) is included under Section 31A-27a-104. See Utah Code 31A-27a-102 - Interpersonal violence: includes any attempt, conspiracy, or solicitation of an act described in Subsection (19)(a). See Utah Code 63M-7-502
- Joint resolution: A legislative measure which requires the approval of both chambers.
- 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.
- Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 63M-7-502
- Law of the river: means the compacts, federal laws, treaties, court decisions and decrees, contracts, and regulatory guidelines that underlie and authorize the management and operation of the Colorado River. See Utah Code 63M-14-102
- 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
- Member: means a member of the Utah Victim Services Commission. See Utah Code 63M-7-901
- Misconduct: means conduct by the victim that was attributable to the injury or death of the victim as provided by rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 63M-7-502
- Noneconomic detriment: means pain, suffering, inconvenience, physical impairment, and other nonpecuniary damage, except as provided in this part. See Utah Code 63M-7-502
- Nongovernment organization victim advocate: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Oath: A promise to tell the truth.
- 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.
- Offender: means an individual who has violated Title 76, Utah Criminal Code, through criminally injurious conduct regardless of whether the individual is arrested, prosecuted, or convicted. See Utah Code 63M-7-502
- Offense: means a violation of Title 76, Utah Criminal Code. See Utah Code 63M-7-502
- Office: means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this part. See Utah Code 63M-7-502
- Order: means an order of the commissioner. See Utah Code 31A-1-301
- 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.
- Perpetrator: means the individual who actually participated in the criminally injurious conduct. See Utah Code 63M-7-502
- Person: means :Utah Code 68-3-12.5
- Person: includes :
(a) an individual; (b) a partnership; (c) a corporation; (d) an incorporated or unincorporated association; (e) a joint stock company; (f) a trust; (g) a limited liability company; (h) a reciprocal; (i) a syndicate; or (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301 - Policy: includes all clauses, riders, endorsements, and papers that are a part of a policy. See Utah Code 31A-27a-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
- 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.
- receiver: means the commissioner or the commissioner's designee, including a rehabilitator, liquidator, or ancillary receiver. See Utah Code 31A-27a-102
- receivership: means a rehabilitation, liquidation, or ancillary receivership. See Utah Code 31A-27a-102
- receivership court: refers to the court in which a delinquency proceeding is pending. See Utah Code 31A-27a-102
- Record: when used as a noun, means information or data, in whatever form maintained, including:
(a) a book; (b) a document; (c) a paper; (d) a file; (e) an application file; (f) a policyholder list; (g) policy information; (h) a claim or claim file; (i) an account; (j) a voucher; (k) a litigation file; (l) a premium record; (m) a rate book; (n) an underwriting manual; (o) a personnel record; (p) a financial record; or (q) other material. See Utah Code 31A-27a-102 - Registry: means the registry established in Title 77, Chapter 41, Sex and Kidnap Offender Registry. See Utah Code 63M-7-801
- 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.
- Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502
- Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502
- Reparations officer: includes the director when the director is acting as a reparations officer. See Utah Code 63M-7-502
- Replacement service loss: means expenses reasonably and necessarily incurred in obtaining ordinary and necessary services in lieu of those the injured individual would have performed, not for income but the benefit of the injured individual or the injured individual's dependents if the injured individual had not been injured. See Utah Code 63M-7-502
- Representative: means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of an individual. See Utah Code 63M-7-502
- Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 63M-7-502
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Restricted account: means the Colorado River Authority Restricted Account created in Section 63M-14-501. See Utah Code 63M-14-102
- River commissioner: means the person appointed under Section 63M-14-301. See Utah Code 63M-14-102
- Secondary victim: means an individual who is traumatically affected by the criminally injurious conduct subject to rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 63M-7-502
- Security: means a:
(i) note; (ii) stock; (iii) bond; (iv) debenture; (v) evidence of indebtedness; (vi) certificate of interest or participation in a profit-sharing agreement; (vii) collateral-trust certificate; (viii) preorganization certificate or subscription; (ix) transferable share; (x) investment contract; (xi) voting trust certificate; (xii) certificate of deposit for a security; (xiii) 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; (xiv) commodity contract or commodity option; (xv) 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 (171)(a)(i) through (xiv); or (xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301 - Service provider: means an individual or agency who provides a service to a victim for a monetary fee, except attorneys as provided in Section 63M-7-524. See Utah Code 63M-7-502
- Sexual assault: means any criminal conduct described in 4. See Utah Code 63M-7-502
- 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: means a state, district, or territory of the United States. See Utah Code 31A-27a-102
- State domestic violence coalition: means the same as that term is defined in 45 C. See Utah Code 63M-7-901
- State sexual assault coalition: means the same as that term is defined in 34 U. See Utah Code 63M-7-901
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Strangulation: means any act involving the use of unlawful force or violence that:
(a) impedes breathing or the circulation of blood; and (b) is likely to produce a loss of consciousness by: (i) applying pressure to the neck or throat of an individual; or (ii) obstructing the nose, mouth, or airway of an individual. See Utah Code 63M-7-502 - Subsidiary: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Substantial bodily injury: means the same as that term is defined in Section 76-1-101. See Utah Code 63M-7-502
- Summons: Another word for subpoena used by the criminal justice system.
- Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transfer: includes the sale and every other and different mode of disposing of or parting with property or with an interest in property, whether:
(i) directly or indirectly; (ii) absolutely or conditionally; (iii) voluntarily or involuntarily; or (iv) by or without judicial proceedings. See Utah Code 31A-27a-102 - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Tribal coalition: means the same as that term is defined in 34 U. See Utah Code 63M-7-901
- Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
- Trustee: A person or institution holding and administering property in trust.
- unauthorized insurer: means an insurer transacting the business of insurance in this state that has not received a certificate of authority from this state, or some other type of authority that allows for the transaction of the business of insurance in this state. See Utah Code 31A-27a-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Veteran: means an individual who:Utah Code 68-3-12.5
- Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
(i) criminally injurious conduct; or (ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201. See Utah Code 63M-7-502 - Victim advocate: work with prosecutors and assist the victims of a crime.
- Victim Services Restricted Account: means the account created in Section 63M-7-219. See Utah Code 63M-7-901
- Work loss: means loss of income from work the injured victim would have performed if the injured victim had not been injured and expenses reasonably incurred by the injured victim in obtaining services in lieu of those the injured victim would have performed for income, reduced by any income from substitute work the injured victim was capable of performing but unreasonably failed to undertake. See Utah Code 63M-7-502
- Writing: includes :Utah Code 68-3-12.5