Terms Used In Utah Code > Title 57 > Chapter 11 - Utah Uniform Land Sales Practices Act

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• 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 a coach, teacher, employee, representative, or volunteer. See Utah Code 26B-4-401
• Amateur sports organization: means , except as provided in Subsection (2)(b):

  (i)	a sports team;

  (ii)	a public or private school;

  (iii)

  a public or private sports league;

  (iv)	a public or private sports camp; or

  (v)

  any other public or private organization that organizes, manages, or sponsors a sporting event for its members, enrollees, or attendees. See Utah Code 26B-4-401 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. Anaphylaxis: means a potentially life-threatening hypersensitivity to a substance. See Utah Code 26B-4-401 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. 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 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Asthma action plan: means a written plan: (a)  developed with a school nurse, a student's parent or guardian, and the student's health care provider to help control the student's asthma; and (b)  signed by the student's: (i)  parent or guardian; and (ii)  health care provider. See Utah Code 26B-4-401 Asthma emergency: means an episode of respiratory distress that may include symptoms such as wheezing, shortness of breath, coughing, chest tightness, or breathing difficulty. See Utah Code 26B-4-401 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. Child: means an individual who is under the age of 18. See Utah Code 26B-4-401 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Committee: means the Primary Care Grant Committee described in Section 26B-1-410. See Utah Code 26B-4-301 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. 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. 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. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Disposition: includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. See Utah Code 57-11-2 Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-11-2 Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1 Epinephrine auto-injector: means a portable, disposable drug delivery device that contains a measured, single dose of epinephrine that is used to treat a person suffering a potentially fatal anaphylactic reaction. See Utah Code 26B-4-401 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. Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102 Federal act: means the federal Interstate Land Sales Full Disclosure Act, 15 U. See Utah Code 57-11-2 Fraud: Intentional deception resulting in injury to another. 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: includes a person who:Utah Code 68-3-12.5 Health care provider: means an individual who is licensed as: (a)  a physician under Title 58, Chapter 67, Utah Medical Practice Act; (b)  a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (c)  an advanced practice registered nurse under Section 58-31b-302; or (d)  a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 26B-4-401 Industrial park: means a subdivision or subdivided lands offered as a part of a common promotional plan of advertising and sale zoned for office, manufacturing, warehousing, commercial, industrial, distribution, or wholesale use and utilized for one or more of those purposes. See Utah Code 57-11-2 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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. Land: includes :Utah Code 68-3-12.5 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 Lien: A claim against real or personal property in satisfaction of a debt. Medically underserved population: means the population of an urban or rural area or a population group that the committee determines has a shortage of primary health care. See Utah Code 26B-4-301 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. 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. Offer: includes an inducement, solicitation, or attempt to encourage a person to acquire an interest in land if undertaken for gain or profit. See Utah Code 57-11-2 Office: means the Office of Emergency Medical Services and Preparedness within the department. See Utah Code 26B-4-301 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: includes : (a)  a business trust; (b)  an estate; (c)  a trust; (d)  a partnership; (e)  an unincorporated association; (f)  two or more of any entity having a joint or common interest; or (g)  any other legal or commercial entity. See Utah Code 57-11-2 Person: means :Utah Code 68-3-12.5 Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 26B-4-401 Plaintiff: The person who files the complaint in a civil lawsuit. 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. Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Primary care grant: means a grant awarded by the department under Subsection 26B-4-310(1). See Utah Code 26B-4-301 Primary health care: includes : (i)  services of physicians, nurses, physician's assistants, and dentists licensed to practice in this state under Title 58, Occupations and Professions; (ii)  diagnostic and radiologic services; (iii)  preventive health services including perinatal services, well-child services, and other services that seek to prevent disease or its consequences; (iv)  emergency medical services; (v)  preventive dental services; and (vi)  pharmaceutical services. See Utah Code 26B-4-301 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 Purchaser: means a person who acquires or attempts to acquire or succeeds to an interest in land. See Utah Code 57-11-2 Qualified adult: means a person who: (a)  is 18 years of age or older; and (b)  (i)  for purposes of administering an epinephrine auto-injector, has successfully completed the training program established in Section 26B-4-407; and (ii)  for purposes of administering stock albuterol, has successfully completed the training program established in Section 26B-4-408. See Utah Code 26B-4-401 Qualified health care provider: means a health care provider who: (a)  is licensed under Title 58, Occupations and Professions; and (b)  may evaluate and manage a concussion within the health care provider's scope of practice. See Utah Code 26B-4-401 Qualified stock albuterol entity: means a public or private school that employs, contracts with, or has a similar relationship with a qualified adult who is likely to have contact with another person who may experience an asthma emergency. See Utah Code 26B-4-401 real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1 Recess: A temporary interruption of the legislative business. 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. Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC Road: includes :Utah Code 68-3-12.5 Service of process: The service of writs or summonses to the appropriate party. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Sporting event: means any of the following athletic activities that is organized, managed, or sponsored by an organization: (i)  a game; (ii)  a practice; (iii)  a sports camp; (iv)  a physical education class; (v)  a competition; or (vi)  a tryout. See Utah Code 26B-4-401 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 Statute: A law passed by a legislature. Stock albuterol: means a prescription inhaled medication: (a)  used to treat asthma; and (b)  that may be delivered through a device, including: (i)  an inhaler; or (ii)  a nebulizer with a mouthpiece or mask. See Utah Code 26B-4-401 subdivided lands: means land that is divided or is proposed to be divided for the purpose of disposition into 10 or more units including land, whether contiguous or not, if 10 or more units are offered as a part of a common promotional plan of advertising and sale. See Utah Code 57-11-2 Subdivider: means : (a)  an owner of an interest in subdivided lands who offers the subdivided lands for disposition; or (b)  a principal agent of an owner of an interest in subdivided lands if the owner is inactive. See Utah Code 57-11-2 Subpoena: A command to a witness to appear and give testimony. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Traumatic head injury: means an injury to the head arising from blunt trauma, an acceleration force, or a deceleration force, with one of the following observed or self-reported conditions attributable to the injury: (a)  transient confusion, disorientation, or impaired consciousness; (b)  dysfunction of memory; (c)  loss of consciousness; or (d)  signs of other neurological or neuropsychological dysfunction, including: (i)  seizures; (ii)  irritability; (iii)  lethargy; (iv)  vomiting; (v)  headache; (vi)  dizziness; or (vii)  fatigue. See Utah Code 26B-4-401 Unit: includes a lot, parcel, or other interest in land separately offered for disposition. See Utah Code 57-11-2 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5