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

• Account holder: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• 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
• Adverse mental health outcome: includes depression, anxiety, suicidal thoughts or behaviors, and self-harm thoughts or behaviors. See Utah Code 78B-3-1101
• Affected party: means :
       (2)(a) a patient; and
       (2)(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.
• Algorithmically curated social media service: means a social media service that drives user engagement primarily through the use of:
       (3)(a) a curation algorithm; and
       (3)(b) engagement driven design elements. See Utah Code 78B-3-1101
• 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.
• 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
• Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• 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
• 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
• 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.
• Content: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• 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.
• Curation algorithm: means a computational process or set of rules used by a social media platform that determines, influences, or personalizes, designed to encourage prolonged or frequent engagement:
            (5)(a)(i) the content a user views;
            (5)(a)(ii) the order in which content is displayed;
            (5)(a)(iii) how prominently content is displayed; or
            (5)(a)(iv) the manner in which content is displayed. See Utah Code 78B-3-1101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-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.
• 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
• Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 78B-3-403
• Engagement driven design elements: means :
       (6)(a) autoplay features that continuously play content without requiring user interaction;
       (6)(b) scroll or pagination that loads additional content as long as the user continues scrolling; or
       (6)(c) push notifications. See Utah Code 78B-3-1101
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Excessive use: means the use of a social media service by a minor to an extent that the use substantially interferes with the minor's normal functioning in:
       (7)(a) academic performance;
       (7)(b) sleep;
       (7)(c) in-person relationships;
       (7)(d) mental health; or
       (7)(e) physical health. See Utah Code 78B-3-1101
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• 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).
• 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:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Harm: means :
       (1)(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;
       (1)(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;
       (1)(c) economic loss due to:

            (1)(c)(i) damage to or loss of the use of property; or

            (1)(c)(ii) environmental degradation; or
       (1)(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
• Hospital: means a public or private institution licensed under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 78B-3-403
• Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lienholder: means a person with a security interest in particular property. See Utah Code 41-1a-102
• 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, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-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
• Minor: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-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:
       (7)(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
       (7)(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:
       (3)(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.
• Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102
• Operate: includes testing of an automated driving system. See Utah Code 41-1a-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
• Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
• Parent: includes a legal guardian. See Utah Code 78B-3-1101
• 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 :
       (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
• 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.
• 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 :
       (4)(a) source material as defined in Utah Code 78B-3-602
• 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:
       (9)(a) use of a digitized information card as defined in this section;
       (9)(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
       (9)(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
• Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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.
• Search and rescue dog: means a dog:
       (2)(a) with documented training to locate persons who are:

            (2)(a)(i) lost, missing, or injured; or

            (2)(a)(ii) trapped under debris as the result of a natural or man-made event; and
       (2)(b) affiliated with an established search and rescue dog organization. See Utah Code 78B-3-701
• Security interest: means an interest that is reserved or created by a security agreement to secure the payment or performance of an obligation and that is valid against third parties. See Utah Code 41-1a-102
• Semitrailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle. See Utah Code 41-1a-102
• Service animal: means :
       (3)(a) a service animal, as defined in Section 26B-6-801; or
       (3)(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.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Social media company: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• Social media service: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• 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
• Special group license plate: means a type of license plate designed for a particular group of people or a license plate authorized and issued by the division in accordance with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates. See Utah Code 41-1a-102
• 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: means the same as that term is defined in Section 63G-7-102. See Utah Code 78B-3-450
• 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.
• 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 Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act. See Utah Code 78B-3-501
• Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• 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 a vehicle 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 41-1a-102
• Transactional data: includes records from mortgage, education, and employment entities. See Utah Code 78B-3-1001
• Transferee: means a person to whom the ownership of property is conveyed by sale, gift, or any other means except by the creation of a security interest. See Utah Code 41-1a-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
• User: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• Utah minor account holder: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
• Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
• Venue: The geographical location in which a case is tried.
• Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5