Terms Used In Utah Code > Title 78B > Chapter 3 - Actions and Venue

• Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adverse event: means an injury or suspected injury that is associated with a health care process rather than an underlying condition of a patient or a disease. See Utah Code 78B-3-450
• Affected party: means :

  (a)	a patient; and

  (b)

  any representative of a patient. See Utah Code 78B-3-450 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. Allegation: something that someone says happened. 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. Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. 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. 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. Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court. Audiologist: means a person licensed to practice audiology under Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act. See Utah Code 78B-3-403 Certified social worker: means a person licensed to practice as a certified social worker under Section 58-60-205. See Utah Code 78B-3-403 Chiropractic physician: means a person licensed to practice chiropractic under Title 58, Chapter 73, Chiropractic Physician Practice Act. See Utah Code 78B-3-403 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Clinical social worker: means a person licensed to practice as a clinical social worker under Section 58-60-205. See Utah Code 78B-3-403 Commercial entity: includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities. See Utah Code 78B-3-1001 Commission: means the State Tax Commission. See Utah Code 41-3-102 Commissioner: means the commissioner of insurance as provided in Section 31A-2-102. See Utah Code 78B-3-403 Communication: means any written or oral communication created for or during a medical candor process. See Utah Code 78B-3-450 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. 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. Crusher: means a person who crushes or shreds motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to reduce the useable materials and metals to a more compact size for recycling. See Utah Code 41-3-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102 Decedent: A deceased person. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Dental care provider: means any person, partnership, association, corporation, or other facility or institution who causes to be rendered or who renders dental care or professional services as a dentist, dental hygienist, or other person rendering similar care and services relating to or arising out of the practice of dentistry or the practice of dental hygiene, and the officers, employees, or agents of any of the above acting in the course and scope of their employment. See Utah Code 78B-3-403 Dental hygienist: means a person licensed to engage in the practice of dental hygiene as defined in Section 58-69-102. See Utah Code 78B-3-403 Dentist: means a person licensed to engage in the practice of dentistry as defined in Section 58-69-102. See Utah Code 78B-3-403 Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismantler: includes a person who dismantles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Distribute: means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means. See Utah Code 78B-3-1001 Distributor: means a person who has a franchise from a manufacturer of motor vehicles to distribute motor vehicles within this state and who in whole or in part sells or distributes new motor vehicles to dealers or who maintains distributor representatives. See Utah Code 41-3-102 Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102 Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 78B-3-403 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. Factory branch: means a branch office maintained by a person who manufactures or assembles motor vehicles for sale to distributors, motor vehicle dealers, or who directs or supervises the factory branch's representatives. See Utah Code 41-3-102 Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances: You are late making a payment or commit some other default, triggering an increase to a penalty rate The bank changes the terms of your account and you do not reject the change. The rate expires (if the rate was fixed for only a certain period of time). Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Fraud: Intentional deception resulting in injury to another. Future damages: includes a judgment creditor's damages for future medical treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and suffering. See Utah Code 78B-3-403 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 Harm: means : (a)  personal injury, death, or illness, except an injury, death, or illness that is a basis for a claim under either a state or federal workmen's compensation act by an employee of a person liable pursuant to Section 78B-3-603; (b)  damage to, destruction of, or loss of the use of property other than property at the situs of and used in connection with the activity giving rise to a nuclear incident; (c)  economic loss due to: (i)  damage to or loss of the use of property; or (ii)  environmental degradation; or (d)  expenses reasonably incurred by the state, its political subdivisions, or the agencies of either in protecting the public health and safety and the environment from a nuclear incident or the imminent danger of a nuclear incident, including, but not limited to, precautionary evacuations, emergency response measures, and, after reasonable opportunity for performance of cleanup measures by persons liable pursuant to Section 78B-3-603, decontamination or other clean-up measures. See Utah Code 78B-3-602 Health care: means any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement. See Utah Code 78B-3-403 Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, health care facilities owned or operated by health maintenance organizations, and end stage renal disease facilities. See Utah Code 78B-3-403 Health care provider: includes any person, partnership, association, corporation, or other facility or institution who causes to be rendered or who renders health care or professional services as a hospital, health care facility, physician, physician assistant, registered nurse, licensed practical nurse, nurse-midwife, licensed direct-entry midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, physical therapist assistant, podiatric physician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist, speech-language pathologist, clinical social worker, certified social worker, social service worker, marriage and family counselor, practitioner of obstetrics, licensed athletic trainer, or others rendering similar care and services relating to or arising out of the health needs of persons or groups of persons and officers, employees, or agents of any of the above acting in the course and scope of their employment. See Utah Code 78B-3-403 Highway: includes :Utah Code 68-3-12.5 Hospital: means a public or private institution licensed under 2. See Utah Code 78B-3-403 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Internet: means the international computer network of both federal and non-federal interoperable packet switched data networks. See Utah Code 78B-3-1001 Intestate: Dying without leaving a will. Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit. 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. Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Licensed athletic trainer: means a person licensed under Title 58, Chapter 40a, Athletic Trainer Licensing Act. See Utah Code 78B-3-403 Licensed direct-entry midwife: means a person licensed under the Direct-entry Midwife Act to engage in the practice of direct-entry midwifery as defined in Section 58-77-102. See Utah Code 78B-3-403 Licensed practical nurse: means a person licensed to practice as a licensed practical nurse as provided in Section 58-31b-301. See Utah Code 78B-3-403 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Malpractice action against a health care provider: means any action against a health care provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise, based upon alleged personal injuries relating to or arising out of health care rendered or which should have been rendered by the health care provider. See Utah Code 78B-3-403 Manufacturer: means a person engaged in the business of constructing or assembling new motor vehicles, ownership of which is customarily transferred by a manufacturer's statement or certificate of origin, or a person who constructs three or more new motor vehicles in any 12-month period. See Utah Code 41-3-102 Medical candor process: means the process described in Section 78B-3-451. See Utah Code 78B-3-450 Minor: means any person under 18 years old. See Utah Code 78B-3-1001 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Motor vehicle: means a vehicle that is: (i)  self-propelled; (ii)  a trailer; (iii)  a travel trailer; (iv)  a semitrailer; (v)  an off-highway vehicle; or (vi)  a small trailer. See Utah Code 41-3-102 Motorcycle: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102 Naturopathic physician: means a person licensed to engage in the practice of naturopathic medicine as defined in Section 58-71-102. See Utah Code 78B-3-403 News-gathering organization: means any of the following: (a)  an employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subsection, who can provide documentation of such employment with the newspaper, news publication, or news source; or (b)  an employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subsection, who can provide documentation of such employment. See Utah Code 78B-3-1001 Nuclear incident: means an incident which does not arise from an act of war and involves the release of nuclear material which results in personal injury, loss of use of property, or damage due to the radioactive, toxic, explosive, or other hazardous properties of the nuclear material. See Utah Code 78B-3-602 Nuclear material: means radioactive material used or handled in connection with: (a)  a utilization facility or production facility licensed by the United States Nuclear Regulatory Commission in accordance with 42 U. See Utah Code 78B-3-602 Nurse-midwife: means a person licensed to engage in practice as a nurse midwife under Section 58-44a-301. See Utah Code 78B-3-403 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. Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-3-102 Optometrist: means a person licensed to practice optometry under Title 58, Chapter 16a, Utah Optometry Practice Act. See Utah Code 78B-3-403 Osteopathic physician: means a person licensed to practice osteopathy under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 78B-3-403 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. Patient: means a person who is under the care of a health care provider, under a contract, express or implied. See Utah Code 78B-3-403 Periodic payments: means the payment of money or delivery of other property to a judgment creditor at intervals ordered by the court. See Utah Code 78B-3-403 Person: means :Utah Code 68-3-12.5 Pharmacist: means a person licensed to practice pharmacy as provided in Section 58-17b-301. See Utah Code 78B-3-403 Physical therapist: means a person licensed to practice physical therapy under Title 58, Chapter 24b, Physical Therapy Practice Act. See Utah Code 78B-3-403 Physical therapist assistant: means a person licensed to practice physical therapy, within the scope of a physical therapist assistant license, under Title 58, Chapter 24b, Physical Therapy Practice Act. See Utah Code 78B-3-403 Physician: means a person licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act. See Utah Code 78B-3-403 Physician assistant: means a person licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 78B-3-403 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. Podiatric physician: means a person licensed to practice podiatry under Title 58, Chapter 5a, Podiatric Physician Licensing Act. See Utah Code 78B-3-403 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 Practitioner of obstetrics: means a person licensed to practice as a physician in this state under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 78B-3-403 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. Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. 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 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Psychologist: means a person licensed under Title 58, Chapter 61, Psychologist Licensing Act, to engage in the practice of psychology as defined in Section 58-61-102. See Utah Code 78B-3-403 Radioactive material: means : (a)  source material as defined in 42 U. See Utah Code 78B-3-602 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reasonable age verification methods: means verifying that the person seeking to access the material is 18 years old or older by using any of the following methods: (a)  use of a digitized information card as defined in this section; (b)  verification through an independent, third-party age verification service that compares the personal information entered by the individual who is seeking access to the material that is available from a commercially available database, or aggregate of databases, that is regularly used by government agencies and businesses for the purpose of age and identity verification; or (c)  any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material. See Utah Code 78B-3-1001 Registered nurse: means a person licensed to practice professional nursing as provided in Section 58-31b-301. See Utah Code 78B-3-403 Remanufacturer: means a person who reconstructs used motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to change the body style and appearance of the motor vehicle or who constructs or assembles motor vehicles from used or new and used motor vehicle parts, or who reconstructs, constructs, or assembles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102 Representative: means the spouse, parent, guardian, trustee, attorney-in-fact, person designated to make decisions on behalf of a patient under a medical power of attorney, or other legal agent of the patient. See Utah Code 78B-3-403 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by any new motor vehicle dealer or used motor vehicle dealer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of motor vehicles. See Utah Code 41-3-102 Search and rescue dog: means a dog: (a)  with documented training to locate persons who are: (i)  lost, missing, or injured; or (ii)  trapped under debris as the result of a natural or man-made event; and (b)  affiliated with an established search and rescue dog organization. See Utah Code 78B-3-701 Service animal: means : (a)  a service animal, as defined in Section 26B-6-801; or (b)  a search and rescue dog. See Utah Code 78B-3-701 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Small trailer: means a trailer that has an unladen weight of: (a)  more than 750 pounds; and (b)  less than 2,000 pounds. See Utah Code 41-3-102 Social service worker: means a person licensed to practice as a social service worker under Section 58-60-205. See Utah Code 78B-3-403 Speech-language pathologist: means a person licensed to practice speech-language pathology under Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act. See Utah Code 78B-3-403 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 State: means the same as that term is defined in Section 63G-7-102. See Utah Code 78B-3-450 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subpoena: A command to a witness to appear and give testimony. Substantial portion: means more than 33-1/3% of total material on a website, which meets the definition of "material harmful to minors" as defined in this section. See Utah Code 78B-3-1001 Summons: Another word for subpoena used by the criminal justice system. Testimony: Evidence presented orally by witnesses during trials or before grand juries. therapist: means : (1)  a psychiatrist licensed to practice medicine under Section 58-67-301, Utah Medical Practice Act or under Section 58-68-301, Utah Osteopathic Medical Practice Act; (2)  a psychologist licensed to practice psychology under Section 58-61-301; (3)  a marriage and family therapist licensed to practice marriage and family therapy under Section 58-60-304; (4)  a social worker licensed to practice social work under Section 58-60-204; (5)  a psychiatric and mental health nurse specialist licensed to practice advanced psychiatric nursing under Title 58, Chapter 31b, Nurse Practice Act; and (6)  a clinical mental health counselor licensed to practice professional counseling under 4. See Utah Code 78B-3-501 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Trailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102 Transactional data: includes records from mortgage, education, and employment entities. See Utah Code 78B-3-1001 Transporter: means a person engaged in the business of transporting motor vehicles as described in Section 41-3-202. See Utah Code 41-3-102 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. Unanticipated outcome: means the outcome of a medical treatment or procedure that differs from an expected result. See Utah Code 78B-3-403 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Venue: The geographical location in which a case is tried. Writing: includes :Utah Code 68-3-12.5