Terms Used In Utah Code > Title 78B > Chapter 11 - Utah Uniform Arbitration Act

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Alley: means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for through vehicular traffic. See Utah Code 41-6a-102
• 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.
• Arbitration organization: means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator. See Utah Code 78B-11-102
• Arbitrator: means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. See Utah Code 78B-11-102
• Arrest: Taking physical custody of a person by lawful authority.
• Authorized emergency vehicle: includes :

  (a)	fire department vehicles;

  (b)	police vehicles;

  (c)	ambulances; and

  (d)

  other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-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. Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102 Contract: A legal written agreement that becomes binding when signed. Controlled-access highway: means a highway, street, or roadway: (a)  designed primarily for through traffic; and (b)  to or from which owners or occupants of abutting lands and other persons have no legal right of access, except at points as determined by the highway authority having jurisdiction over the highway, street, or roadway. See Utah Code 41-6a-102 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. Court: means a court of competent jurisdiction in this state. See Utah Code 78B-11-102 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 Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Divided highway: means a highway divided into two or more roadways by: (a)  an unpaved intervening space; (b)  a physical barrier; or (c)  a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102 Echelon formation: means the operation of two or more snowplows arranged side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to clear snow from two or more lanes at once. See Utah Code 41-6a-102 Electric personal assistive mobility device: means a self-balancing device with: (i)  two nontandem wheels in contact with the ground; (ii)  a system capable of steering and stopping the unit under typical operating conditions; (iii)  an electric propulsion system with average power of one horsepower or 750 watts; (iv)  a maximum speed capacity on a paved, level surface of 12. 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. Farm tractor: means a motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry. See Utah Code 41-6a-102 Fraud: Intentional deception resulting in injury to another. Freeway: means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102. See Utah Code 41-6a-102 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 Gore area: means the area delineated by two solid white lines that is between a continuing lane of a through roadway and a lane used to enter or exit the continuing lane including similar areas between merging or splitting highways. 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 Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102 Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102 Island: means an area between traffic lanes or at an intersection for control of vehicle movements or for pedestrian refuge designated by: (a)  pavement markings, which may include an area designated by two solid yellow lines surrounding the perimeter of the area; (b)  channelizing devices; (c)  curbs; (d)  pavement edges; or (e)  other devices. 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. Knowledge: means actual knowledge. See Utah Code 78B-11-102 Lane filtering: means , when operating a motorcycle other than an autocycle, the act of overtaking and passing another vehicle that is stopped in the same direction of travel in the same lane. See Utah Code 41-6a-102 Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-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 Limited access highway: means a highway: (a)  that is designated specifically for through traffic; and (b)  over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement, or have only a limited right or easement of access, light, air, or view. See Utah Code 41-6a-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local highway authority: means the legislative, executive, or governing body of a county, municipal, or other local board or body having authority to enact laws relating to traffic under the constitution and laws of the state. See Utah Code 41-6a-102 Moped: means a motor-driven cycle having: (i)  pedals to permit propulsion by human power; and (ii)  a motor that: (A)  produces not more than two brake horsepower; and (B)  is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. See Utah Code 41-6a-102 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: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102 Motor-driven cycle: means a motorcycle, moped, and a motorized bicycle having: (i)  an engine with less than 150 cubic centimeters displacement; or (ii)  a motor that produces not more than five horsepower. See Utah Code 41-6a-102 Motorcycle: means : (a)  a 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; or (b)  an autocycle. See Utah Code 41-6a-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. 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 parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-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. 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 Pedestrian: means a person traveling: (a)  on foot; or (b)  in a wheelchair. See Utah Code 41-6a-102 Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-11-102 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. 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. Property: includes both real and personal property. See Utah Code 68-3-12.5 Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-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 78B-11-102 Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102 Road: includes :Utah Code 68-3-12.5 Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 standing: means the temporary halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers. See Utah Code 41-6a-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 68-3-12.5 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testify: Answer questions in court. Tow truck motor carrier: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102 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 Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102 Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102 Two-way left turn lane: means a lane: (a)  provided for vehicle operators making left turns in either direction; (b)  that is not used for passing, overtaking, or through travel; and (c)  that has been indicated by a lane traffic-control device that may include lane markings. See Utah Code 41-6a-102 Urban district: means the territory contiguous to and including any street, in which structures devoted to business, industry, or dwelling houses are situated at intervals of less than 100 feet, for a distance of a quarter of a mile or more. See Utah Code 41-6a-102 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