Terms Used In Utah Code > Title 53 > Chapter 3
- Abortion: means :
(i) the intentional termination or attempted termination of human pregnancy after implantation of a fertilized ovum through a medical procedure carried out by a physician or through a substance used under the direction of a physician; (ii) the intentional killing or attempted killing of a live unborn child through a medical procedure carried out by a physician or through a substance used under the direction of a physician; or (iii) the intentional causing or attempted causing of a miscarriage through a medical procedure carried out by a physician or through a substance used under the direction of a physician. See Utah Code 76-7a-101
- Abortion: means :
(i) the intentional termination or attempted termination of human pregnancy after implantation of a fertilized ovum through a medical procedure carried out by a physician or through a substance used under the direction of a physician; (ii) the intentional killing or attempted killing of a live unborn child through a medical procedure carried out by a physician or through a substance used under the direction of a physician; or (iii) the intentional causing or attempted causing of a miscarriage through a medical procedure carried out by a physician or through a substance used under the direction of a physician. See Utah Code 76-7-301
- Abortion clinic: means a type I abortion clinic licensed by the state or a type II abortion clinic licensed by the state. See Utah Code 76-7a-101
- Abortion clinic: means the same as that term is defined in Section 26-21-2. See Utah Code 76-7-301
- Abuse: means the same as that term is defined in Section 78A-6-105. See Utah Code 76-7-301
- Access: means to directly or indirectly use, attempt to use, instruct, communicate with, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, computer network, or any means of communication with any of them. See Utah Code 76-6-702
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-601
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-601
- 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.
- 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol. See Utah Code 53-3-402
- Alcohol concentration: means the number of grams of alcohol per:
(a) 100 milliliters of blood; (b) 210 liters of breath; or (c) 67 milliliters of urine. See Utah Code 53-3-402
- alien: means an individual who is illegally present in the United States. See Utah Code 76-10-2901
- Alien: means a person who is not a citizen or national of the United States. See Utah Code 76-9-1002
- Alternative nicotine product: includes :
(i) pure nicotine; (ii) snortable nicotine; (iii) dissolvable salts, orbs, pellets, sticks, or strips; and (iv) nicotine-laced food and beverage. See Utah Code 76-10-101 v2
- Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
- Amusement device: includes :
(i) a video game; (ii) a driving simulator; (iii) an electronic game; (iv) a claw machine; (v) a bowling game; (vi) a shuffleboard game; (vii) a skee-ball game; (viii) a pool table; (ix) a pinball machine; (x) a target machine; and (xi) a baseball machine. See Utah Code 76-10-1101
- Amusement facility: means a facility that:
(a) is operated primarily for the purpose of providing amusement or entertainment to customers; (b) is located on property that is open to customers for the purpose of providing customers with an opportunity to use an amusement device; (c) receives a substantial amount of the facility's revenue from the operation of amusement devices; and (d) does not provide an opportunity for, or a machine or device that enables, gambling or fringe gambling. See Utah Code 76-10-1101
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Antique firearm: means :
(i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; or (ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the replica: (A) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (B) uses rimfire or centerfire fixed ammunition which is: (I) no longer manufactured in the United States; and (II) is not readily available in ordinary channels of commercial trade; or (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and (B) is designed to use black powder, or a black powder substitute, and cannot use fixed ammunition. See Utah Code 76-10-501
- Antiquities: means :
(a) all material remains and their associations, recoverable through excavation or surface collection, that provide information pertaining to the historic or prehistoric peoples in the state; and (b) vertebrate fossils and other exceptional fossils and fossil sites designated as state landmarks. See Utah Code 76-6-901
- 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
- Appraisal: A determination of property value.
- Appropriate reward: means a reward that:
(i) an individual receives as a result of the individual's participation in or use of an amusement device; and (ii) provides: (A) full and adequate return for money, a token, or other consideration or value invested into the amusement device; (B) an immediate and unrecorded ability to replay a game featured on an amusement device that is not exchangeable for value; (C) a toy, novelty, or other non-monetary prize with a value of less than $100 as a reward for playing; or (D) tickets or credits that are redeemable for a toy, novelty, or non-monetary prize at an amusement facility, or at any franchise or chain of the amusement facility, where the amusement device is located. See Utah Code 76-10-1101
- 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
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 68-3-12.5
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Attempt to monopolize: means action taken without a legitimate business purpose and with a specific intent of destroying competition or controlling prices to substantially lessen competition, or creating a monopoly, where there is a dangerous probability of creating a monopoly. See Utah Code 76-10-3103
- Attorney general: means the attorney general of the state or one of the attorney general's assistants. See Utah Code 76-10-3103
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Authorization: means having the express or implied consent or permission of the owner, or of the person authorized by the owner to give consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. See Utah Code 76-6-702
- Autocycle: means a motor vehicle that:
(a) is designed to travel with three or fewer wheels in contact with the ground; (b) is equipped with a steering wheel; and (c) is equipped with seating that does not require the operator to straddle or sit astride the vehicle. See Utah Code 53-3-102
- Automated sales suppression device: means :
(a) a software program that falsifies the electronic records of electronic cash registers or any other point-of-sale systems, including transaction data and transaction reports; or (b) a general reference to a device that allows for, creates, or supports an automated sales suppression system or any kind of phantomware. See Utah Code 76-6-1302
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bank: means an agent, agency, or office in this state of a person doing business in any one of the following capacities:
(a) a commercial bank or trust company organized under the laws of this state or of the United States; (b) a private bank; (c) a savings and loan association or a building and loan association organized under the laws of the United States; (d) an insured institution as defined in Section 401 of the National Housing Act; (e) a savings bank, industrial bank, or other thrift institution; (f) a credit union organized under the laws of this state or of the United States; or (g) any other organization chartered under Title 7, Financial Institutions Act, and subject to the supervisory authority set forth in that title. See Utah Code 76-10-1902
- Bequest: Property gifted by will.
- Biological agent: means any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product, that is capable of causing:
(a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; (b) deterioration of food, water, equipment, supplies, or material of any kind; or (c) deleterious alteration of the environment. See Utah Code 76-10-401
- Board: means the Driver License Medical Advisory Board created in Section 53-3-303. See Utah Code 53-3-302
- 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 76-1-601
- Bona fide stockholder of record: means a stockholder of record who has acquired stock in good faith and is acting for a proper purpose reasonably related to his interests as a stockholder. See Utah Code 76-10-701
- Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 76-10-501
- Business: means a retail business dealing in tangible personal property. See Utah Code 76-10-2401
- Cancellation: means the termination by the division of a license issued through error or fraud or for which consent under Section 53-3-211 has been withdrawn. See Utah Code 53-3-102
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- CDIP: means a commercial learner permit:
(a) issued under Section 53-3-408; or (b) issued by a state or other jurisdiction of domicile in compliance with the standards contained in 49 C. See Utah Code 53-3-102
- CDL: means a license:
(a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
- CDLIS: means the information system established under Title XII, Pub. See Utah Code 53-3-402
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Chief administrator: means the principal of a school or the chief administrator of a school that does not have a principal, and includes the administrator's designee or representative. See Utah Code 76-8-1401
- Child: is a n individual younger than 18 years of age. See Utah Code 76-10-1301
- Cigar: means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette as described in Subsection (2). See Utah Code 76-10-101
- Cigarette: means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of:
(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (b) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection (2)(a). See Utah Code 76-10-101
- Citation: means a summons, ticket, or other official document issued by a peace officer for a traffic violation, containing an order that requires the motorist to respond. See Utah Code 53-3-702
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Client: means a person who receives or has received public assistance. See Utah Code 76-8-1201
- Collateral: means cash or other security deposited to secure an appearance for trial, following the issuance by a peace officer of a citation for a traffic violation. See Utah Code 53-3-702
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
(i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as determined by federal regulation; (ii) is designed to transport 16 or more passengers, including the driver; or (iii) is transporting hazardous materials and is required to be placarded in accordance with 49 C. See Utah Code 53-3-102
- Commercial testing only school: means a business enterprise conducted by an individual, association, partnership, or corporation that:
(i) is designated by the division as a commercial testing only school; (ii) employs instructors who are certified by the division; and (iii) engages only in testing students for the purpose of obtaining a driver license. See Utah Code 53-3-502
- Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
- Commodity: includes any product of the soil, any article of merchandise or trade or commerce, and any other kind of real or personal property. See Utah Code 76-10-3103
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Common mail carrier: means a person engaged in or transacting the business of collecting, transporting, or delivering mail, other than the United States Postal Service. See Utah Code 76-6-1001
- Compensation: means money, money bonuses, overrides, prizes, or other real or personal property, tangible or intangible. See Utah Code 76-6a-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Computer: means any electronic device or communication facility that stores, processes, transmits, or facilitates the transmission of data. See Utah Code 76-6-702
- Computer network: means :
(a) the interconnection of communication or telecommunication lines between: (i) computers; or (ii) computers and remote terminals; or (b) the interconnection by wireless technology between: (i) computers; or (ii) computers and remote terminals. See Utah Code 76-6-702
- Computer property: includes electronic impulses, electronically produced data, information, financial instruments, software, or programs, in either machine or human readable form, any other tangible or intangible item relating to a computer, computer system, computer network, and copies of any of them. See Utah Code 76-6-702
- Computer system: means a set of related, connected or unconnected, devices, software, or other related computer equipment. See Utah Code 76-6-702
- Computer technology: includes :
(a) a computer; (b) a computer network; (c) computer hardware; (d) a computer system; (e) a computer program; (f) computer services; (g) computer software; or (h) computer data. See Utah Code 76-6-702
- Concealed firearm: means a firearm that is:
(i) covered, hidden, or secreted in a manner that the public would not be aware of its presence; and (ii) readily accessible for immediate use. See Utah Code 76-10-501
- Conduct: means an act or omission. See Utah Code 76-1-601
- Confidential: means data, text, or computer property that is protected by a security system that clearly evidences that the owner or custodian intends that it not be available to others without the owner's or custodian's permission. See Utah Code 76-6-702
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Controlled substance: means any substance so classified under Section 102(6) of the Controlled Substance Act, 21 U. See Utah Code 53-3-402
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means any of the following:
(a) an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding; (b) an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court; (c) a plea of guilty or nolo contendere accepted by the court; (d) the payment of a fine or court costs; or (e) violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. See Utah Code 53-3-102
- 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.
- Corporation: means an insurance corporation, except when referring to:
(i) a corporation doing business: (A) as: (I) an insurance producer; (II) a surplus lines producer; (III) a limited line producer; (IV) a consultant; (V) a managing general agent; (VI) a reinsurance intermediary; (VII) a third party administrator; or (VIII) an adjuster; and (B) under: (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries; (II) Chapter 25, Third Party Administrators; or (III) Chapter 26, Insurance Adjusters; or (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
- Counterclaim: A claim that a defendant makes against a plaintiff.
- County legislative body: means :Utah Code 68-3-12.5
- Court: means a court of law or traffic tribunal. See Utah Code 53-3-702
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Criminal history background check: means a criminal background check conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal Firearms Licensee, through the bureau or the local law enforcement agency where the firearms dealer conducts business. See Utah Code 76-10-501
- Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
(a) that is currently in operation; (b) that has as one of its primary activities the commission of one or more predicate gang crimes; (c) that has, as a group, an identifying name or identifying sign or symbol, or both; and (d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-802
- Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
(a) that is currently in operation; (b) that has as one of its substantial activities the commission of one or more predicate gang crimes; (c) that has, as a group, an identifying name or an identifying sign or symbol, or both; and (d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-902
- Critical infrastructure: includes :
(a) a financial or banking system; (b) any railroad, airline, airport, airway, highway, bridge, waterway, fixed guideway, or other transportation system intended for the transportation of persons or property; (c) any public utility service, including a power, energy, gas, or water supply system; (d) a sewage or water treatment system; (e) a health care facility, as that term is defined in Section 26-21-2; (f) an emergency fire, medical, or law enforcement response system; (g) a public health facility or system; (h) a food distribution system; (i) a government computer system or network; (j) a school; or (k) other government facilities, operations, or services. See Utah Code 76-6-702
- Curio or relic firearm: means a firearm that:
(a) is of special interest to a collector because of a quality that is not associated with firearms intended for: (i) sporting use; (ii) use as an offensive weapon; or (iii) use as a defensive weapon; (b) (i) was manufactured at least 50 years before the current date; and (ii) is not a replica of a firearm described in Subsection (5)(b)(i); (c) is certified by the curator of a municipal, state, or federal museum that exhibits firearms to be a curio or relic of museum interest; (d) derives a substantial part of its monetary value: (i) from the fact that the firearm is: (A) novel; (B) rare; or (C) bizarre; or (ii) because of the firearm's association with an historical: (A) figure; (B) period; or (C) event; and (e) has been designated as a curio or relic firearm by the director of the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C. See Utah Code 76-10-501
- Currency: includes United States silver certificates, United States notes, Federal Reserve notes, and foreign bank notes customarily used and accepted as a medium of exchange in a foreign country. See Utah Code 76-10-1902
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dangerous weapon: means :
(a) any item capable of causing death or serious bodily injury; or (b) a facsimile or representation of the item, if: (i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or (ii) the actor represents to the victim verbally or in any other manner that he is in control of such an item. See Utah Code 76-1-601
- Dangerous weapon: means :
(i) a firearm; or (ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Utah Code 76-10-501
- Dealer: means :
(a) a scrap metal processor or secondary metals dealer or recycler, but does not include: (i) junk dealers as defined in Section 76-6-1402; (ii) solid waste management facilities as defined in Section 19-6-502; or (iii) the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605: (A) retailers; (B) wholesalers; (C) battery manufacturers; and (D) secondary lead smelters. See Utah Code 76-6-1402
- Dealer: means a person who is:
(a) licensed under 18 U. See Utah Code 76-10-501
- 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.
- Delivery system: means :
(a) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or (b) any vector. See Utah Code 76-10-401
- Denial of service attack: means an attack or intrusion that is intended to disrupt legitimate access to, or use of, a network resource, a machine, or computer technology. See Utah Code 76-6-702
- denied: means the withdrawal of a driving privilege by the division to which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security, do not apply. See Utah Code 53-3-102
- Department: means the Department of Health. See Utah Code 76-7a-101
- Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
- Department: means the Department of Health. See Utah Code 76-7-301
- Dependent: A person dependent for support upon another.
- 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.
- Devise: To gift property by will.
- Director: means the division director appointed under Section 53-3-103. See Utah Code 53-3-102
- Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
- Director: means any of the persons having by law the direction or management of the affairs of a corporation, by whatever name the persons are described in its charter or known by law. See Utah Code 76-10-701
- 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:
- Disqualification: means either:
(a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state of a person's privileges to drive a commercial motor vehicle; (b) a determination by the Federal Highway Administration, under 49 C. See Utah Code 53-3-102
- Division: means the Driver License Division of the department created in Section 53-3-103. See Utah Code 53-3-102
- Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
- Donor: The person who makes a gift.
- Down syndrome: means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. See Utah Code 76-7-301
- Downgrade: means to obtain a lower license class than what was originally issued during an existing license cycle. See Utah Code 53-3-102
- Drive: means :
(a) to operate or be in physical control of a motor vehicle upon a highway; and (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within the state. See Utah Code 53-3-102
- driver: includes any person who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or federal law. See Utah Code 53-3-102
- Driving privilege card: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained without providing evidence of lawful presence in the United States. See Utah Code 53-3-102
- Electronic cash register: means any device, wherever located, that maintains a transaction register or supporting documents by means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail, wholesale, or any other sales transaction data. See Utah Code 76-6-1302
- Electronic cigarette: means an electronic cigarette product, as defined in Section 59-14-802. See Utah Code 76-10-101
- Electronic cigarette product: means an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette. See Utah Code 76-10-101 v2
- Electronic cigarette substance: means any substance, including liquid containing nicotine, used or intended for use in an electronic cigarette. See Utah Code 76-10-101 v2
- Electronic license certificate: means the evidence, in an electronic format as described in Section 53-3-235, of a privilege granted under this chapter to drive a motor vehicle. See Utah Code 53-3-102
- Employee: means :
(a) an individual employed by an employer; and (b) an owner who meets the requirements of Subsection (53)(b)(i). See Utah Code 31A-1-301
- Employer: means any individual or person including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns an individual to drive a commercial motor vehicle. See Utah Code 53-3-402
- Enter: means intrusion of the entire body. See Utah Code 76-10-501
- Enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities. See Utah Code 76-10-1602
- 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.
- 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
- 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.
- Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
(a) a specific physical condition; (b) a specific medical procedure; (c) a specific disease or disorder; or (d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
- Extension: means a renewal completed in a manner specified by the division. See Utah Code 53-3-102
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- False statement: includes a false unsworn declaration, with "unsworn declaration" being defined in Section 78B-18a-102. See Utah Code 76-8-501
- Farm tractor: means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. See Utah Code 53-3-102
- Federal Firearms Licensee: means a person who:
(a) holds a valid Federal Firearms License issued under 18 U. See Utah Code 76-10-501
- Felony: A crime carrying a penalty of more than a year in prison.
- Felony: means any offense under state or federal law that is punishable by death or imprisonment for a term of more than one year. See Utah Code 53-3-402
- 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
- Financial institution: means an agent, agency, branch, or office within this state of a person doing business, whether or not on a regular basis or as an organized business concern, in one or more of the following capacities:
(a) a bank, except bank credit card systems; (b) a broker or dealer in securities; (c) a currency dealer or exchanger, including a person engaged in the business of check cashing; (d) an issuer, seller, or redeemer of travelers checks or money orders, except as a selling agent exclusively who does not sell more than $150,000 of the instruments within any 30-day period; (e) a licensed transmitter of funds or other person engaged in the business of transmitting funds; (f) a telegraph company; (g) a person subject to supervision by a state or federal supervisory authority; or (h) the United States Postal Service regarding the sale of money orders. See Utah Code 76-10-1902
- Financial transaction: means a transaction:
(a) involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects commerce; or (b) involving the use of a financial institution that is engaged in, or its activities affect commerce in any way or degree. See Utah Code 76-10-1902
- Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501
- Foreign jurisdiction: means any jurisdiction other than the United States or a state of the United States. See Utah Code 53-3-402
- Fraud: Intentional deception resulting in injury to another.
- Fringe gambling: means any de facto form of gambling, lottery, fringe gaming device, or video gaming device that is given, conducted, or offered for use or sale by a business in exchange for anything of value or incident to the purchase of another good or service. See Utah Code 76-10-1101
- Fringe gaming device: includes a machine or device similar to a machine or device described in Subsection (7)(a) that seeks to avoid application or circumvent this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101
- Fully automatic weapon: means a firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger. See Utah Code 76-10-501
- Gambling: includes a lottery. See Utah Code 76-10-1101
- Gambling device or record: means anything specifically designed for use in gambling or fringe gambling or used primarily for gambling or fringe gambling. See Utah Code 76-10-1101
- Gambling proceeds: means anything of value used in gambling or fringe gambling. See Utah Code 76-10-1101
- Gang loitering: means a person remains in one place under circumstances that would cause a reasonable person to believe that the purpose or effect of that behavior is to enable or facilitate a criminal street gang to:
(a) establish control over one or more identifiable areas; (b) intimidate others from entering those areas; or (c) conceal illegal activities. See Utah Code 76-9-902
- Gestational age: means the age of an unborn child as calculated from the first day of the last menstrual period of the pregnant woman. See Utah Code 76-7-301
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Guardian: includes a person who:Utah Code 68-3-12.5
- GVWR: means the value specified by the manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed units and the loads on those units. See Utah Code 53-3-402
- Handgun: means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches. See Utah Code 76-10-501
- Health care professional: means a physician or surgeon licensed to practice medicine in the state, or when recommended by the Medical Advisory Board, may include other health care professionals licensed to conduct physical examinations in this state. See Utah Code 53-3-302
- 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 traffic. See Utah Code 53-3-102
- Highway: includes :Utah Code 68-3-12.5
- Hoax weapon of mass destruction: means any device or object that by its design, construction, content, or characteristics appears to be or to contain, or is represented to be, constitute, or contain, a weapon of mass destruction as defined in this section, but which is, in fact, an inoperative facsimile, imitation, counterfeit, or representation of a weapon of mass destruction which does not:
(a) meet the definition of a weapon of mass destruction; or (b) actually contain or constitute a weapon, biological agent, toxin, vector, or delivery system prohibited by this section. See Utah Code 76-10-401
- Home jurisdiction: means the jurisdiction that issued the driver's license of the traffic violator. See Utah Code 53-3-702
- Hospital: means :
(a) a general hospital licensed by the department; or (b) a clinic or other medical facility to the extent the clinic or other medical facility is certified by the department as providing equipment and personnel sufficient in quantity and quality to provide the same degree of safety to a pregnant woman and an unborn child as would be provided for the particular medical procedure undertaken by a general hospital licensed by the department. See Utah Code 76-7a-101
- Hospital: means :
(a) a general hospital licensed by the department according to Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; and (b) a clinic or other medical facility to the extent that such clinic or other medical facility is certified by the department as providing equipment and personnel sufficient in quantity and quality to provide the same degree of safety to the pregnant woman and the unborn child as would be provided for the particular medical procedures undertaken by a general hospital licensed by the department. See Utah Code 76-7-301
- House of worship: means a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose. See Utah Code 76-10-501
- Human driver: means the same as that term is defined in Section 41-26-102. See Utah Code 53-3-102
- ICE: means the federal Immigration and Customs Enforcement agency of the United States Department of Homeland Security. See Utah Code 76-9-1002
- Identification: means a form of positive identification issued by a state of the United States or the United States federal government that:
(a) contains a numerical identifier and a photograph of the person identified; (b) provides the date of birth of the person identified; and (c) includes a state identification card, a state driver license, a United States military identification card, or a United States passport. See Utah Code 76-6-1402
- Identification card: means a card issued under Part 8, Identification Card Act, to a person for identification purposes. See Utah Code 53-3-102
- Identification card: means a card for identification issued under this part. See Utah Code 53-3-802
- Identifying information: means a person's:
(i) social security number; (ii) driver license number; (iii) nondriver governmental identification number; (iv) bank account number; (v) student identification number; (vi) credit or debit card number; (vii) personal identification number; (viii) unique biometric data; (ix) employee or payroll number; (x) automated or electronic signature; or (xi) computer password. See Utah Code 76-6-702
- Ignition interlock system provider: means an individual who:
(a) is acting on behalf of a business enterprise conducted by a person, association, partnership, or corporation for the purpose of installation and maintenance of an ignition interlock system; (b) is certified as an installer; (c) has met the requirements for ignition interlock system provider status as established by the division; (d) is authorized or certified to operate or manage an ignition interlock system business; (e) may supervise the work of another installer; and (f) charges a fee for the services described under this Subsection (2). See Utah Code 53-3-1002
- Imminent hazard: means the existence of a condition, practice, or violation that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment is expected to occur immediately, or before the condition, practice, or violation can be abated. See Utah Code 53-3-402
- Impaired person: means a person who has a mental, emotional, or nonstable physical disability or disease that may impair the person's ability to exercise reasonable and ordinary control at all times over a motor vehicle while driving on the highways. See Utah Code 53-3-302
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- 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.
- Indigent: means that a person's income falls below the federal poverty guideline issued annually by the U. See Utah Code 53-3-102
- Individual: means a natural person. See Utah Code 31A-1-301
- Information module: means the pregnancy termination information module prepared by the department. See Utah Code 76-7-301
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- insolvent: means that:
(a) an insurer is unable to pay the insurer's obligations as the obligations are due; (b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or (c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
- Installer: means a person, whether acting as an ignition interlock system provider or for an ignition interlock system provider for compensation, who is certified by the division to install ignition interlock systems. See Utah Code 53-3-1002
- Instructor: means a person, whether acting as an operator of a commercial driver training school or for a school for compensation, who:
(a) teaches, conducts classes of, gives demonstrations to, or supervises practice of persons learning to drive motor vehicles, including motorcycles; (b) prepares persons to take an examination for a license or learner permit; or (c) supervises the work of any other instructor. See Utah Code 53-3-502
- 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 doing an insurance business as a principal including:
(i) a fraternal benefit society; (ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3); (iii) a motor club; (iv) an employee welfare plan; (v) a person purporting or intending to do an insurance business as a principal on that person's own account; and (vi) a health maintenance organization. See Utah Code 31A-1-301
- Interactive computer service: means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet or a system operated, or services offered, by a library or an educational institution. See Utah Code 76-6-702
- Internet service provider: means a person engaged in the business of providing Internet access service, with the intent of making a profit, to consumers in Utah. See Utah Code 76-10-1101
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Intimidate: means the use of force, duress, violence, coercion, menace, or threat of harm for the purpose of causing an individual to act or refrain from acting. See Utah Code 76-9-802
- Issuing jurisdiction: means the jurisdiction in which the traffic citation was issued to the motorist. See Utah Code 53-3-702
- Junk dealer: means all persons, firms, or corporations engaged in the business of purchasing or selling secondhand or castoff material, including ropes, cordage, bottles, bagging, rags, rubber, paper, and other like materials, but not including regulated metal. See Utah Code 76-6-1402
- 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.
- Jurisdiction: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Utah Code 53-3-702
- Juror: A person who is on the jury.
- Key: means any instrument used by the postal service and postal customer, and which is designed to operate the lock on a mail receptacle. See Utah Code 76-6-1001
- Land: includes :Utah Code 68-3-12.5
- Landowner: includes the School and Institutional Trust Lands Administration with respect to lands sold by the School and Institutional Trust Lands Administration and upon which a restrictive deed covenant has been imposed by the School and Institutional Trust Lands Administration. See Utah Code 76-6-901
- Law enforcement agency: means an entity or division of:
(i) (A) the federal government, a state, or a political subdivision of a state; (B) a state institution of higher education; or (C) a private institution of higher education, if the entity or division has been certified by the commissioner; and (ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
- Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
- 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
- Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
- License certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle. See Utah Code 53-3-102
- License or entitlement: includes :
(a) licenses, certificates, and permits granted by governments; (b) degrees, diplomas, and grades awarded by educational institutions; (c) military ranks, grades, decorations, and awards; (d) membership and standing in organizations and religious institutions; (e) certification as a peace officer; (f) credit reports; and (g) another record or datum upon which a person may be reasonably expected to rely in making decisions that will have a direct benefit or detriment to another. See Utah Code 76-6-702
- Lien: A claim against real or personal property in satisfaction of a debt.
- limited-term CDL: means a license:
- Abortion: means :