Terms Used In Utah Code > Title 46 > Chapter 4 - Uniform Electronic Transactions Act

• Abstract: means a copy or summary of a court's disposition. See Utah Code 80-6-1001
• Abuse: means :

  (i)

  (A)  nonaccidental harm of a child; (B)  threatened harm of a child; (C)  sexual exploitation; (D)  sexual abuse; or (E)  human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102 Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Adult: means an individual who is 18 years old or older. See Utah Code 80-6-901 Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102 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. Aftercare services: means the same as the term "aftercare" is defined in 45 C. See Utah Code 80-6-102 Agency: means a state, county, or local government entity that generates or maintains records relating to a nonjudicial adjustment or an adjudication for which expungement may be ordered under this part. See Utah Code 80-6-1001 Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Utah Code 46-4-102 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. 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. Attorney guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102 Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102 Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See Utah Code 46-4-102 Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102 Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 80-6-102 committed: means , unless specified otherwise: (a)  with respect to a child, to transfer legal custody; and (b)  with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102 Community-based program: means a nonsecure residential or nonresidential program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least restrictive setting, consistent with public safety, and operated by or under contract with the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102 Compensatory service: means service or unpaid work performed by a minor in lieu of the payment of a fine, fee, or restitution. See Utah Code 80-6-102 Computer program: means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. See Utah Code 46-4-102 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Utah Code 46-4-102 Control: means the same as that term is defined in Section 80-5-102. See Utah Code 80-6-102 Conviction: A judgement of guilt against a criminal defendant. 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. Correctional facility: means : (a)  a county jail; or (b)  a secure correctional facility as defined in Section 64-13-1. See Utah Code 80-1-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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. Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102 dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102 Dependent: A person dependent for support upon another. Detention: means home detention or secure detention. See Utah Code 80-1-102 Detention facility: means a facility, established by the Division of Juvenile Justice and Youth Services in accordance with Section 80-5-501, for minors held in detention. See Utah Code 80-1-102 Discharge: means a written order of the authority that removes a juvenile offender from the authority's jurisdiction. See Utah Code 80-6-102 Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or 7. See Utah Code 80-1-102 Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102 Educational series: means an evidence-based instructional series: (a)  obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104; and (b)  designed to prevent substance use or the onset of a mental health disorder. See Utah Code 80-1-102 Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 46-4-102 Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See Utah Code 46-4-102 Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Utah Code 46-4-102 Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 46-4-102 emancipated: means a legal status created by court order that allows a minor to: (a)  live independent of the minor's parents or guardian; and (b)  exercise the same rights as an adult under Subsection 80-7-105(1). See Utah Code 80-7-102 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. Ex officio: Literally, by virtue of one's office. Expunge: means to seal or otherwise restrict access to an individual's record held by a court or an agency when the record relates to a nonjudicial adjustment or an adjudication of an offense in the juvenile court. See Utah Code 80-6-1001 Family-based setting: means a home that is licensed to allow a minor to reside at the home, including a foster home, proctor care, or residential care by a professional parent. See Utah Code 80-6-102 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. Formal probation: means a minor is: (a)  supervised in the community by, and reports to, a juvenile probation officer or an agency designated by the juvenile court; and (b)  subject to return to the juvenile court in accordance with Section 80-6-607. See Utah Code 80-1-102 Fraud: Intentional deception resulting in injury to another. Governmental agency: means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. See Utah Code 46-4-102 Group rehabilitation therapy: means psychological and social counseling of one or more individuals in the group, depending upon the recommendation of the therapist. See Utah Code 80-1-102 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to: (a)  marriage; (b)  enlistment in the armed forces; (c)  major medical, surgical, or psychiatric treatment; or (d)  legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102 Harm: means : (a)  physical or developmental injury or damage; (b)  emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; (c)  sexual abuse; or (d)  sexual exploitation. See Utah Code 80-1-102 High-level nuclear waste: means spent reactor fuel assemblies, dismantled nuclear reactor components, and solid and liquid wastes from fuel reprocessing and defense-related wastes. See Utah Code 19-3-102 Information: means data, text, images, sounds, codes, computer programs, software, databases, or the like. See Utah Code 46-4-102 Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See Utah Code 46-4-102 Intake probation: means a minor is: (i)  monitored by a juvenile probation officer; and (ii)  subject to return to the juvenile court in accordance with Section 80-6-607. See Utah Code 80-1-102 Intellectual disability: means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102 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. Juvenile offender: means : (a)  a serious youth offender; or (b)  a youth offender. See Utah Code 80-1-102 Juvenile probation officer: means a probation officer appointed under Section 78A-6-205. See Utah Code 80-1-102 Juvenile record: means all records for all incidents of delinquency involving an individual that are in the custody of the juvenile court or an agency. See Utah Code 80-6-1001 v2 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 Legal custody: means a relationship embodying: (a)  the right to physical custody of the minor; (b)  the right and duty to protect, train, and discipline the minor; (c)  the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care; (d)  the right to determine where and with whom the minor shall live; and (e)  the right, in an emergency, to authorize surgery or other extraordinary care. See Utah Code 80-1-102 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Licensing Information System: means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002. See Utah Code 80-1-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Management Information System: means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. See Utah Code 80-1-102 Material loss: means an uninsured: (a)  property loss; (b)  out-of-pocket monetary loss for property that is stolen, damaged, or destroyed; (c)  lost wages because of an injury, time spent as a witness, or time spent assisting the police or prosecution; or (d)  medical expense. See Utah Code 80-6-102 Minor: means an individual who is: (a)  under 18 years old; or (b)  18 years old and still attending high school. See Utah Code 80-6-901 Minor: means an individual who is 16 years old or older. See Utah Code 80-7-102 Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102: (a)  a child; or (b)  an individual: (i)  (A)  who is at least 18 years old and younger than 21 years old; and (B)  for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; (ii)  (A)  who is at least 18 years old and younger than 25 years old; and (B)  whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or (iii)  (A)  who is at least 18 years old and younger than 21 years old; and (B)  whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102 Minor offense: means any unlawful act that is a status offense or an offense that would be a misdemeanor, infraction, or violation of a municipal or county ordinance if committed by an adult. See Utah Code 80-6-901 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Natural parent: includes the minor's noncustodial parent. See Utah Code 80-1-102 Neglect: means action or inaction causing: (i)  abandonment of a child, except as provided in 5; (ii)  lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; (iii)  failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; (iv)  a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; (v)  abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or (vi)  educational neglect. See Utah Code 80-1-102 Nonjudicial adjustment: means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of: (a)  the assigned juvenile probation officer; and (b)  (i)  the minor; or (ii)  the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102 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. Organization: means a corporation, limited liability company, partnership, limited liability partnership, joint venture, consortium, association, trust, or other entity formed to undertake an enterprise, whether or not for profit. See Utah Code 19-3-303 Oversight: Committee review of the activities of a Federal agency or program. Parent: means a natural parent as defined in Section 80-1-102. See Utah Code 80-7-102 Parole: means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102 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. 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 Person: means an individual, 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 46-4-102 Petitioner: means an individual requesting an expungement or vacatur under this part. See Utah Code 80-6-1001 v2 Placement: means transportation, transfer, storage, decay in storage, treatment, or disposal. See Utah Code 19-3-303 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. Political subdivision: means any county, city, town, school district, public transit district, redevelopment agency, special improvement or taxing district, or other governmental subdivision or public corporation. See Utah Code 19-3-303 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: includes intake probation or formal probation. See Utah Code 80-1-102 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 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecuting attorney: means : (a)  the attorney general and any assistant attorney general; (b)  any district attorney or deputy district attorney; (c)  any county attorney or assistant county attorney; and (d)  any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102 Protective supervision: means a legal status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby: (a)  the minor is permitted to remain in the minor's home; and (b)  supervision and assistance to correct the abuse, neglect, or dependency is provided by an agency designated by the juvenile court. See Utah Code 80-1-102 Quorum: The number of legislators that must be present to do business. Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102 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 46-4-102 Referral: means a formal referral, a referral to the juvenile court under Section 53G-8-211, or a citation issued to a minor for which the juvenile court receives notice under Section 80-6-302. See Utah Code 80-6-102 Remand: When an appellate court sends a case back to a lower court for further proceedings. Rescission: means a written order of the authority that rescinds a date for parole. See Utah Code 80-6-102 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Restitution: means money or services that the juvenile court, or a juvenile probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or render to a victim for the minor's wrongful act or conduct. See Utah Code 80-6-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Revocation: means a written order of the authority that, after a hearing and determination under Section 80-6-806: (a)  terminates supervision of a juvenile offender's parole; and (b)  directs a juvenile offender to return to secure care. See Utah Code 80-6-102 Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102 Secure care facility: means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care. See Utah Code 80-1-102 Secure detention: means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services: (a)  before disposition of an offense that is alleged to have been committed by the minor; or (b)  under Section 80-6-704. See Utah Code 80-1-102 Security procedure: includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. See Utah Code 46-4-102 Serious youth offender: means an individual who: (a)  is at least 14 years old, but under 25 years old; (b)  committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction of the juvenile court was extended over the individual's case until the individual was 25 years old in accordance with Section 80-6-605; and (c)  is committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102 Service of process: The service of writs or summonses to the appropriate party. 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 Sponsoring entity: means any political subdivision of the state, including a school or school district, juvenile court, law enforcement agency, prosecutor's office, county, city, or town. See Utah Code 80-6-901 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: includes an Indian tribe or band, or Alaskan native village, that is recognized by federal law or formally acknowledged by a state. See Utah Code 46-4-102 Status offense: means a violation of the law that would not be a violation but for the age of the offender. See Utah Code 80-6-901 Status offense: means an offense that would not be an offense but for the age of the offender. See Utah Code 80-1-102 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. Storage facility: means any facility which stores, holds, or otherwise provides for the emplacement of waste regardless of the intent to recover that waste for subsequent use, processing, or disposal. See Utah Code 19-3-303 Subpoena: A command to a witness to appear and give testimony. Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102 Termination: means a written order of the authority that terminates a juvenile offender from parole. See Utah Code 80-6-102 Therapist: means : (a)  an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or (b)  any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. See Utah Code 80-1-102 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Utah Code 46-4-102 Transfer facility: means any facility which transfers waste from and between transportation modes, vehicles, cars, or other units, and includes rail terminals and intermodal transfer points. See Utah Code 19-3-303 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Ungovernable: means a child in conflict with a parent or guardian, and the conflict: (a)  results in behavior that is beyond the control or ability of the child, or the parent or guardian, to manage effectively; (b)  poses a threat to the safety or well-being of the child, the child's family, or others; or (c)  results in the situations described in Subsections (93)(a) and (b). See Utah Code 80-1-102 Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unsupported: means a finding by the Division of Child and Family Services at the completion of an investigation, after the day on which the Division of Child and Family Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Validated risk and needs assessment: means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs. See Utah Code 80-1-102 Victim: includes : (i)  any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and (ii)  the Utah Office for Victims of Crime. See Utah Code 80-6-102 Violent felony: means the same as that term is defined in Section 76-3-203. See Utah Code 80-6-102 wastes: means high-level nuclear waste and greater than class C radioactive waste. See Utah Code 19-3-303 Work program: means the same as that term is defined in Section 80-5-102. See Utah Code 80-6-102 Writing: includes :Utah Code 68-3-12.5 Youth court: means a diversion program that is an alternative disposition for cases involving minors who have committed minor offenses. See Utah Code 80-6-901 Youth Court Board: means the board created under Subsection 80-6-907(1). See Utah Code 80-6-901 Youth offender: means an individual who is: (a)  at least 12 years old, but under 21 years old; and (b)  committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102