Terms Used In Utah Code > Title 39A > Chapter 5 > Part 3 - Military Punishments

• Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
• 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.
• Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
• Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
• Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Electronic communication: means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:

  (a)	the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;

  (b)	any wire or oral communications;

  (c)	any communication made through a tone-only paging device; or

  (d)

  any communication from an electronic or mechanical device that permits the tracking of the movement of a person or object. See Utah Code 77-23a-3 Electronic communications service: means any service that provides for users the ability to send or receive wire or electronic communications. See Utah Code 77-23a-3 Enlisted member: means an individual in an enlisted grade. See Utah Code 39A-5-102 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 Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Investigative or law enforcement officer: means any officer of the state or of a political subdivision, who by law may conduct investigations of or make arrests for offenses enumerated in this chapter, or any federal officer as defined in Section 53-13-106, and any attorney authorized by law to prosecute or participate in the prosecution of these offenses. See Utah Code 77-23a-3 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. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102 Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102 Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102 Oral communication: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception, under circumstances justifying that expectation, but does not include any electronic communication. See Utah Code 77-23a-3 Pen register: means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached. See Utah Code 77-23a-3 Person: means any employee or agent of the state or a political subdivision, and any individual, partnership, association, joint stock company, trust, or corporation. See Utah Code 77-23a-3 Plaintiff: The person who files the complaint in a civil lawsuit. 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 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 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 Subpoena: A command to a witness to appear and give testimony. Trap and trace device: means a device, process, or procedure that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication is transmitted. See Utah Code 77-23a-3 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. User: means any person or entity who: (a)  uses an electronic communications service; and (b)  is authorized by the provider of the service to engage in the use. See Utah Code 77-23a-3 Wire communication: includes the electronic storage of the communication, but does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit. See Utah Code 77-23a-3 Writing: includes :Utah Code 68-3-12.5