Terms Used In Utah Code > Title 41 > Chapter 6a > Part 9 - Right-of-Way

• Abandoned: means left without provision for reasonable and necessary care or supervision. See Utah Code 78B-13-102
• advisory committee: means the Child Support Guidelines Advisory Committee. See Utah Code 78B-12-401
• 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.
• Alley: means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for through vehicular traffic. See Utah Code 41-6a-102
• 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.
• 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.
• Authorized emergency vehicle: includes :

  (a)	fire department vehicles;

  (b)	police vehicles;

  (c)	ambulances; and

  (d)

  other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Child: means : (a)  a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; (b)  a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or (c)  a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means. See Utah Code 78B-12-102 Child: means an individual under 18 years of age and not married. See Utah Code 78B-13-102 Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Utah Code 78B-14-102 Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parent-time with respect to a child. See Utah Code 78B-13-102 Child custody proceeding: means a proceeding in which legal custody, physical custody, or parent-time with respect to a child is an issue. See Utah Code 78B-13-102 Child support: means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs. See Utah Code 78B-12-102 Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Utah Code 78B-14-102 Commencement: means the filing of the first pleading in a proceeding. See Utah Code 78B-13-102 Convention: means the convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. See Utah Code 78B-14-102 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. Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Utah Code 78B-13-102 Crosswalk: means : (a)  that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from: (i)  (A)  the curbs; or (B)  in the absence of curbs, from the edges of the traversable roadway; and (ii)  in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or (b)  any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102 Decedent: A deceased person. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. See Utah Code 78B-14-102 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. Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and: (a)  which has been declared under the law of the United States to be a foreign reciprocating country; (b)  which has established a reciprocal arrangement for child support with this state as provided in Section 78B-14-308; (c)  which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or (d)  in which the convention is in force with respect to the United States. See Utah Code 78B-14-102 Foreign support order: means a support order of a foreign tribunal. See Utah Code 78B-14-102 Foreign tribunal: means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Utah Code 78B-14-102 Guidelines: means the directions for the calculation and application of child support in 2. See Utah Code 78B-12-102 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102 Home state: means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. See Utah Code 78B-13-102 Home state: means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. See Utah Code 78B-14-102 Income: includes : (i)  all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets; (ii)  interest and dividends; (iii)  periodic payments made under pension or retirement programs or insurance policies of any type; (iv)  unemployment compensation benefits; (v)  workers' compensation benefits; and (vi)  disability benefits. See Utah Code 78B-12-102 Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Utah Code 78B-14-102 Income-withholding order: means an order or other legal process directed to an obligor's employer or other source of income as defined in Section 62A-11-103, to withhold support from the income of the obligor. See Utah Code 78B-14-102 Initial determination: means the first child custody determination concerning a particular child. See Utah Code 78B-13-102 Initiating tribunal: means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. See Utah Code 78B-14-102 Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102 Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Utah Code 78B-13-102 Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Utah Code 78B-14-102 Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Utah Code 78B-14-102 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: includes decisional and statutory law and rules and regulations having the force of law. See Utah Code 78B-14-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Utah Code 78B-13-102 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. Obligee: means : (a)  an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued; (b)  a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support; (c)  an individual seeking a judgment determining parentage of the individual's child; or (d)  a person who is a creditor in a proceeding under 7. See Utah Code 78B-14-102 Obligor: means a person owing a duty of support. See Utah Code 78B-12-102 Obligor: means an individual who, or the estate of a decedent that: (a)  owes or is alleged to owe a duty of support; (b)  is alleged but has not been adjudicated to be a parent of a child; (c)  is liable under a support order; or (d)  is a debtor in a proceeding under 7. See Utah Code 78B-14-102 Office: means the Office of Recovery Services within the Department of Health and Human Services. See Utah Code 78B-12-102 Operator: means : (a)  a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102 Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See Utah Code 78B-14-102 Parent: includes a natural parent, or an adoptive parent. See Utah Code 78B-12-102 parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-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. Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102 Pedestrian: means a person traveling: (a)  on foot; or (b)  in a wheelchair. See Utah Code 41-6a-102 Person: includes government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 78B-13-102 Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102 Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-14-102 Person acting as a parent: means a person, other than a parent, who: (a)  has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and (b)  has been awarded legal custody by a court or claims a right to legal custody under the law of this state. See Utah Code 78B-13-102 Petitioner: means a person who seeks enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction. See Utah Code 78B-13-301 Physical custody: means the physical care and supervision of a child. See Utah Code 78B-13-102 Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Private road or driveway: means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. See Utah Code 41-6a-102 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 Quorum: The number of legislators that must be present to do business. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-14-102 Register: means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. See Utah Code 78B-14-102 Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See Utah Code 78B-14-102 Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Respondent: means a person against whom a proceeding has been commenced for enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction. See Utah Code 78B-13-301 Responding state: means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country. See Utah Code 78B-14-102 Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Utah Code 78B-14-102 Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102 Road: includes :Utah Code 68-3-12.5 Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102 Service of process: The service of writs or summonses to the appropriate party. Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102 Spousal support order: means a support order for a spouse or former spouse of the obligor. See Utah Code 78B-14-102 State: includes a state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction. See Utah Code 78B-12-102 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 of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-13-102 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-14-102 Statute: A law passed by a legislature. Support enforcement agency: means a public official, governmental entity, or private agency authorized to: (a)  seek enforcement of support orders or laws relating to the duty of support; (b)  seek establishment or modification of child support; (c)  request determination of parentage of a child; (d)  attempt to locate obligors or their assets; or (e)  request determination of the controlling child support order. See Utah Code 78B-14-102 support order: means a judgment, decree, or order of a tribunal whether interlocutory or final, whether or not prospectively or retroactively modifiable, whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil protection, or otherwise that: (a)  establishes or modifies child support; (b)  reduces child support arrearages to judgment; or (c)  establishes child support or registers a child support order under Chapter 14, Utah Uniform Interstate Family Support Act. See Utah Code 78B-12-102 Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See Utah Code 78B-14-102 table: means the appropriate table in 3. See Utah Code 78B-12-102 Temporary: means a period of time that is projected to be less than 12 months in duration. See Utah Code 78B-12-102 Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102 Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102 Traffic-control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Utah Code 41-6a-102 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Tribe: means an Indian tribe, or band, or Alaskan Native village which is recognized by federal law or formally acknowledged by a state. See Utah Code 78B-13-102 Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Utah Code 78B-14-102 Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-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 Writ of assistance: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Utah Code 78B-13-102 Writing: includes :Utah Code 68-3-12.5