Terms Used In Utah Code > Title 78A > Chapter 12 > Part 2 - Judicial Performance Evaluation

• 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.
• Commission: means the Judicial Performance Evaluation Commission established by this chapter. See Utah Code 78A-12-102
• Contract: A legal written agreement that becomes binding when signed.
• Does not meet or exceed minimum performance standards: means that:
       (2)(a)

            (2)(a)(i) a judge does not meet the certification standards under Section 78A-12-205; and

            (2)(a)(ii) the presumption, described in Subsection 78A-12-203(4)(b)(ii), that the judge does not meet or exceed minimum performance standards is not overcome by substantial countervailing evidence; or
       (2)(b) a judge meets the certification standards under Section 78A-12-205, but the presumption, described in Subsection 78A-12-203(4)(b)(i), that the judge meets or exceeds minimum performance standards is overcome by substantial countervailing evidence. See Utah Code 78A-12-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• judge: means a state court judge or a state court justice who is subject to a retention election. See Utah Code 78A-12-102
• Justice: means a judge who is a member of the Supreme Court. See Utah Code 78A-12-102
• Justice court judge: means a judge appointed pursuant to Title 78A, Chapter 7, Justice Court. See Utah Code 78A-12-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Meets or exceeds minimum performance standards: means that:
       (6)(a)

            (6)(a)(i) a judge meets the certification standards under Section 78A-12-205; and

            (6)(a)(ii) the presumption that the judge meets or exceeds minimum performance standards, described in Subsection 78A-12-203(4)(b)(i), is not overcome by substantial countervailing evidence; or
       (6)(b) a judge does not meet the certification standards under Section 78A-12-205, but the presumption described in Subsection 78A-12-203(4)(b)(ii), that the judge does not meet or exceed minimum performance standards, is overcome by substantial countervailing evidence. See Utah Code 78A-12-102
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• 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.
• Quorum: The number of legislators that must be present to do business.
• 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