Terms Used In Utah Code > Title 76 > Chapter 5
- Allegation: something that someone says happened.
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 48-2e-1156
- 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.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- 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
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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 Public Safety created in Section 53-1-103. See Utah Code 53-1-102
- Dependent: A person dependent for support upon another.
- 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
- 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
- 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
- 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.
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: A trustee, executor, or administrator.
- Fraud: Intentional deception resulting in injury to another.
- Guardian: includes a person who:Utah Code 48-2e-1156
- 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.
- 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.
- 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
- 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.
- Juror: A person who is on the jury.
- 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
- 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
- Medical certification status: means the medical certification of a commercial driver license holder or commercial motor vehicle operator in any of the following categories:
(a) Non-excepted interstate. See Utah Code 53-3-402
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
- 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.
- Out-of-service order: means a temporary prohibition against driving a commercial motor vehicle. See Utah Code 53-3-402
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
- Person: means :Utah Code 48-2e-1156
- Personal property: includes :Utah Code 48-2e-1156
- 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.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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 48-2e-1156
- Property: includes both real and personal property. See Utah Code 48-2e-1156
- 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
- real property: includes :Utah Code 48-2e-1156
- Resident: means an individual who:
(i) 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; (ii) 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; (iii) declares himself to be a resident of this state by obtaining a valid Utah driver license certificate or motor vehicle registration; or (iv) 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
- 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
- State: means a state of the United States, the District of Columbia, any province or territory of Canada, or Mexico. See Utah Code 53-3-402
- Statute: A law passed by a legislature.
- takes indecent liberties: means :
(1) touching the actor's genitals, anus, buttocks, pubic area, or female breast against any part of the body of the victim; (2) causing the victim to touch the actor's or another's genitals, pubic area, anus, buttocks, or female breast; (3) simulating or pretending to engage in sexual intercourse with the victim, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or (4) causing the victim to simulate or pretend to engage in sexual intercourse with the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse. See Utah Code 76-5-416
- Testify: means to make an oral statement under oath or affirmation. See Utah Code 48-2e-1156
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trustee: A person or institution holding and administering property in trust.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
- United States: means the 50 states and the District of Columbia. See Utah Code 53-3-402
- 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 48-2e-1156
- 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
- Verdict: The decision of a petit jury or a judge.
- Veteran: means an individual who:Utah Code 48-2e-1156
- Writing: includes :Utah Code 48-2e-1156
- CDL: means a license: