Terms Used In Utah Code > Title 53 > Chapter 3 > Part 2
Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Utah Code 53-3-211
Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
A verdict of "not guilty."
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
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.
Agent: means any director, officer, employee, or other person authorized to act in behalf of a corporation or association. See Utah Code 76-2-201
Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 53-3-211
Allegation: something that someone says happened.
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.
Amortization: Paying off a loan by regular installments.
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
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.
Appointee: means a person to which a powerholder makes an appointment of appointive property. See Utah Code 75-10-102
Appointive property: means the property or property interest subject to a power of appointment. See Utah Code 75-10-102
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 48-2e-1156
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.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
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.
Autocycle: means a motor vehicle that:
is designed to travel with three or fewer wheels in contact with the ground;
is equipped with a steering wheel; and
is equipped with seating that does not require the operator to straddle or sit astride the vehicle. See Utah Code 53-3-102
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.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
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
Blanket-exercise clause: means a clause in an instrument that exercises a power of appointment and is not a specific-exercise clause. See Utah Code 75-10-102
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
Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Utah Code 53-3-211
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Conviction: means any of the following:
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;
an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;
a plea of guilty or nolo contendere accepted by the court;
the payment of a fine or court costs; or
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: means all organizations required by the laws of this state or any other state to obtain a certificate of authority, a certificate of incorporation, or other form of registration to transact business as a corporation within this state or any other state and shall include domestic, foreign, profit and nonprofit corporations, but shall not include a corporation sole, as such term is used in Title 16, Chapter 7, Corporations Sole. See Utah Code 76-2-201
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.
Counterclaim: A claim that a defendant makes against a plaintiff.
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: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 53-3-211
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
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
Escrow: Money given to a third party to be held for payment until certain conditions are met.
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.
Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 48-2e-1156
Extension: means a renewal completed in a manner specified by the division. See Utah Code 53-3-102
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
Felony: A crime carrying a penalty of more than a year in prison.
Fiduciary: A trustee, executor, or administrator.
Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Utah Code 53-3-211
Fraud: Intentional deception resulting in injury to another.
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
General power of appointment: means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. See Utah Code 75-10-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Gift-in-default clause: means a clause identifying a taker in default of appointment. See Utah Code 75-10-102
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
High managerial agent: means :
A partner in a partnership;
An officer of a corporation or association;
An agent of a corporation or association who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the corporation or association. See Utah Code 76-2-201
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
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.
Impermissible appointee: means a person that is not a permissible appointee. See Utah Code 75-10-102
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.
Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 53-3-211
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 48-2e-1156
Inter vivos: Transfer of property from one living person to another living person.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Law enforcement agency: means an entity of the federal government, a state, or a political subdivision of a state, including a state institution of higher education, that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. 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
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle. See Utah Code 53-3-102
Lien: A claim against real or personal property in satisfaction of a debt.
limited-term CDL: means a license:
issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
Limited-term license certificate: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(B). See Utah Code 53-3-102
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
Motorcycle: means every motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground. See Utah Code 53-3-102
Nongeneral power of appointment: means a power of appointment that is not a general power of appointment. See Utah Code 75-10-102
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.
Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms of service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Utah Code 53-3-211
Owner: includes a person entitled to the use and possession of a vehicle subject to a security interest in another person but excludes a lessee under a lease not intended as security. See Utah Code 53-3-102
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.
Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. See Utah Code 75-10-102
Person: means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-10-102
Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 53-3-211
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.
Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
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.
Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an interest in, or another power of appointment over, the appointive property. See Utah Code 75-10-102
Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Utah Code 53-3-211
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
Powerholder: means a person in whom a donor creates a power of appointment. See Utah Code 75-10-102
Presently exercisable power of appointment: means a power of appointment exercisable by the powerholder at a relevant time. See Utah Code 75-10-102
Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 53-3-211
Private passenger carrier: means any motor vehicle for hire that is:
designed to transport 15 or fewer passengers, including the driver; and
operated to transport an employee of the person that hires the motor vehicle. See Utah Code 53-3-102
Probate: Proving a will
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Utah Code 53-3-211
public money: means funds, money, and accounts, regardless of the source from which they are derived, that are owned, held, or administered by the state or any of its boards, commissions, institutions, departments, divisions, agencies, bureaus, laboratories, or other similar instrumentalities, or any county, city, school district, political subdivision, or other public body. See Utah Code 76-8-401
Public officer: means :
all elected officials of the state, a political subdivision of the state, a county, town, city, precinct, or district;
a person appointed to or serving an unexpired term of an elected office;
a judge of a court of record and not of record including justice court judges; and
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 75-10-102
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 53-3-211
Regular license certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(A). See Utah Code 53-3-102
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Renewal: means to validate a license certificate so that it expires at a later date. See Utah Code 53-3-102
Resident: means an individual who:
has established a domicile in this state, as defined in Section 41-1a-202, or regardless of domicile, remains in this state for an aggregate period of six months or more during any calendar year;
engages in a trade, profession, or occupation in this state, or who accepts employment in other than seasonal work in this state, and who does not commute into the state;
declares himself to be a resident of this state by obtaining a valid Utah driver license certificate or motor vehicle registration; or
declares himself a resident of this state to obtain privileges not ordinarily extended to nonresidents, including going to school, or placing children in school without paying nonresident tuition or fees. See Utah Code 53-3-102
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
Revocation: means the termination by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students to and from home and school, or to and from school sponsored events. See Utah Code 53-3-102
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 48-2e-1156
Specific-exercise clause: means a clause in an instrument that specifically refers to and exercises a particular power of appointment. See Utah Code 75-10-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
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.
Suspension: means the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
Taker in default of appointment: means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment. See Utah Code 75-10-102
Taxicab: means any class D motor vehicle transporting any number of passengers for hire and that is subject to state or federal regulation as a taxi. See Utah Code 53-3-102
Terms of service agreement: means an agreement that controls the relationship between a user and a custodian. See Utah Code 53-3-211
Terms of the instrument: means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding. See Utah Code 75-10-102
Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
Venue: The geographical location in which a case is tried.
Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
White-collar crime: A nonviolent criminal act involving deceit, concealment, subterfuge, or other fraudulent activity.