§ 78B-10a-101 Title
§ 78B-10a-102 General provisions — Filing — Notice — Limits
§ 78B-10a-103 Punitive damages
§ 78B-10a-104 Rescission — Discovery
§ 78B-10a-105 Selection of arbitrator or panel — Costs
§ 78B-10a-106 Governing provisions
§ 78B-10a-107 Decision — Award — Court action
§ 78B-10a-108 Trial de novo
§ 78B-10a-109 Interest

Terms Used In Utah Code > Title 78B > Chapter 10a - Tort Arbitration

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
  • Bus: means a motor vehicle:
    (i) designed for carrying more than 15 passengers and used for the transportation of persons; or
    (ii) designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means any conviction arising from a separate episode of driving for a violation of:
    (i) driving under the influence under Section 41-6a-502;
    (ii) 
    (A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or
    (B) for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502. See Utah Code 41-6a-501
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Public Safety. See Utah Code 41-6a-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Electric assisted bicycle: means a bicycle with an electric motor that:
    (a) has a power output of not more than 750 watts;
    (b) has fully operable pedals on permanently affixed cranks;
    (c) is fully operable as a bicycle without the use of the electric motor; and
    (d) is one of the following:
    (i) an electric assisted bicycle equipped with a motor or electronics that:
    (A) provides assistance only when the rider is pedaling; and
    (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour;
    (ii) an electric assisted bicycle equipped with a motor or electronics that:
    (A) may be used exclusively to propel the bicycle; and
    (B) is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; or
    (iii) an electric assisted bicycle equipped with a motor or electronics that:
    (A) provides assistance only when the rider is pedaling;
    (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour; and
    (C) is equipped with a speedometer. See Utah Code 41-6a-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.
  • Golf cart: means a device that:
    (i) is designed for transportation by players on a golf course;
    (ii) has not less than three wheels in contact with the ground;
    (iii) has an unladen weight of less than 1,800 pounds;
    (iv) is designed to operate at low speeds; and
    (v) is designed to carry not more than six persons including the driver. See Utah Code 41-6a-102
  • 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 vehicular travel. See Utah Code 41-6a-102
  • 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 the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Motor assisted scooter: means a self-propelled device with:
    (i) at least two wheels in contact with the ground;
    (ii) a braking system capable of stopping the unit under typical operating conditions;
    (iii) an electric motor not exceeding 2,000 watts;
    (iv) either:
    (A) handlebars and a deck design for a person to stand while operating the device; or
    (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;
    (v) a design for the ability to be propelled by human power alone; and
    (vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102
  • motor vehicle: includes :
    (A) an off-highway vehicle as defined under Section 41-22-2; and
    (B) a motorboat as defined in Section 73-18-2. See Utah Code 41-6a-501
  • Novice learner driver: means an individual who:
    (i) has applied for a Utah driver license;
    (ii) has not previously held a driver license in this state or another state; and
    (iii) has not completed the requirements for issuance of a Utah driver license. See Utah Code 41-6a-501
  • Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
  • Operator: means :
    (a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102
  • Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
  • Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • 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 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • 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
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • Trailer: means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-6a-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
  • Verdict: The decision of a petit jury or a judge.
  • Writing: includes :Utah Code 68-3-12.5