Terms Used In Utah Code > Title 78B > Chapter 6 - Particular Proceedings

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adoptee: means a person who:

  (a)	is the subject of an adoption proceeding; or

  (b)

  has been legally adopted. See Utah Code 78B-6-103 Adoption: means the judicial act that: (a)  creates the relationship of parent and child where it did not previously exist; and (b)  except as provided in Subsections 78B-6-138(2) and (4), terminates the parental rights of any other person with respect to the child. See Utah Code 78B-6-103 Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 78B-6-103 Adoption service provider: means : (a)  a child-placing agency; (b)  a licensed counselor who has at least one year of experience providing professional social work services to: (i)  adoptive parents; (ii)  prospective adoptive parents; or (iii)  birth parents; or (c)  the Office of Licensing within the Department of Health and Human Services. See Utah Code 78B-6-103 Adoptive parent: means an individual who has legally adopted an adoptee. See Utah Code 78B-6-103 ADR: means alternative dispute resolution and includes arbitration, mediation, and other means of dispute resolution, other than court trial, authorized by the Judicial Council under this part. See Utah Code 78B-6-202 ADR organization: means an organization which provides training for ADR providers or offers other ADR services. See Utah Code 78B-6-202 ADR provider: means a neutral person who conducts an ADR procedure. See Utah Code 78B-6-202 Adult: means an individual who is 18 years of age or older. See Utah Code 78B-6-103 Adult adoptee: means an adoptee who is 18 years of age or older and was adopted as a minor. See Utah Code 78B-6-103 Adult sibling: means an adoptee's brother or sister, who is 18 years of age or older and whose birth mother or father is the same as that of the adoptee. See Utah Code 78B-6-103 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. Agency: means a state, county, or local government entity that generates or maintains records relating to an unlawful detainer action. See Utah Code 78B-6-850 Alcoholic beverage: is a s defined in Section 32B-1-102. See Utah Code 78B-6-1602 AMA guides: means the edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401 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. Appraisal: A determination of property value. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Arbitration: means a private hearing before a neutral or panel of neutrals who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented pursuant to Section 78B-6-206. See Utah Code 78B-6-202 Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Arrest: Taking physical custody of a person by lawful authority. Asbestos: means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 C. See Utah Code 78B-6-2401 Asbestos action: means a claim for damages or other civil or equitable relief presented in a civil action resulting from, based on, or related to: (i)  the health effects of exposure to asbestos, including: (A)  loss of consortium; (B)  wrongful death; (C)  mental or emotional injury; (D)  risk or fear of disease or other injury; and (E)  costs of medical monitoring or surveillance; and (ii)  any other derivative claim made by or on behalf of an individual exposed to asbestos or a representative, spouse, parent, child, or other relative of that individual. See Utah Code 78B-6-2401 Asbestos trust: means a: (a)  government-approved or court-approved trust that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; (b)  qualified settlement fund that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; (c)  compensation fund or claims facility created as a result of an administrative or legal action that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; (d)  court-approved bankruptcy that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; or (e)  plan of reorganization or trust pursuant to 11 U. See Utah Code 78B-6-2401 Asbestosis: means bilateral diffuse interstitial fibrosis of the lungs caused by the inhalation of asbestos fibers. See Utah Code 78B-6-2401 Ascendant: means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. See Utah Code 78B-6-1270 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. ATS testing standards: means the official technical statements from the American Thoracic Society for pulmonary function testing in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. 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. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102 Birth mother: means the biological mother of a child. See Utah Code 78B-6-103 Birth parent: means : (a)  a birth mother; (b)  a man whose paternity of a child is established; (c)  a man who: (i)  has been identified as the father of a child by the child's birth mother; and (ii)  has not denied paternity; or (d)  an unmarried biological father. See Utah Code 78B-6-103 Board-certified physician in internal medicine: means a licensed physician who is certified by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Utah Code 78B-6-2401 Board-certified physician in occupational medicine: means a licensed physician who is certified in the specialty of: (a)  occupational medicine by the American Board of Preventative Medicine; or (b)  occupational and environmental medicine by the American Osteopathic Board of Preventative Medicine. See Utah Code 78B-6-2401 Board-certified physician in pathology: means a licensed physician: (a)  who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Pathology; and (b)  whose professional practice is principally in the field of pathology involving regular evaluation of pathology materials obtained from surgical or postmortem specimens. See Utah Code 78B-6-2401 Board-certified physician in pulmonary medicine: means a licensed physician who is certified in the specialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Utah Code 78B-6-2401 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 Chambers: A judge's office. Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. Chest x-ray: means a chest film taken in accordance with applicable state and federal laws and taken in the posterior-anterior view. See Utah Code 78B-6-2401 Child-placing agency: means an agency licensed to place children for adoption under 1. See Utah Code 78B-6-103 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Civil action: means an action in which a party seeks monetary or equitable relief at common law or pursuant to statute. See Utah Code 78B-6-202 Claimant: means a person who files a notice. See Utah Code 78B-6-1302 Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records. Cohabiting: means residing with another person and being involved in a sexual relationship with that person. See Utah Code 78B-6-103 Collateral: means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant. See Utah Code 78B-6-1270 Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-102 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contamination claim: means a claim for which a government owner and the government owner's officers and employees have immunity under Subsection 63G-7-201(3)(b). See Utah Code 78B-6-2501 Continuance: Putting off of a hearing ot trial until a later time. 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. Counterclaim: A claim that a defendant makes against a plaintiff. Crosswalk: means : (a)  that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from: (i)  (A)  the curbs; or (B)  in the absence of curbs, from the edges of the traversable roadway; and (ii)  in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or (b)  any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Demand letter: means a letter, email, or other written communication directed to a target and asserting or claiming that the target has engaged in patent infringement. See Utah Code 78B-6-1902 Department: means the Department of Public Safety. See Utah Code 41-6a-102 Dependent: A person dependent for support upon another. Descendant: means an individual who follows another individual in lineage, in the direct line of descent from the other individual. See Utah Code 78B-6-1270 Determination of value: means a court order: (a)  determining the fair market value of heirs' property under Section 78B-6-1274 or 78B-6-1278; or (b)  adopting the valuation of the property agreed to by all the cotenants. See Utah Code 78B-6-1270 Device: means a tablet or a smart phone sold in Utah and manufactured on or after January 1 of the year following the year this bill takes effect. See Utah Code 78B-6-2202 Devise: To gift property by will. Directive: means an ordinance, regulation, measure, rule, enactment, order, or policy issued, enacted, or required by a local or state governmental entity. See Utah Code 78B-6-2301 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: Division: means the Division of Child and Family Services, within the Department of Health and Human Services, created in Section 80-2-201. See Utah Code 78B-6-103 Emergency response provider: means an individual providing services on behalf of: (a)  a law enforcement agency; (b)  a fire suppression agency; or (c)  another agency or a political subdivision of the state. See Utah Code 78B-6-1602 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Eviction: means a cause of action for unlawful detainer under 8. See Utah Code 78B-6-850 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. Exposed individual: means an individual whose exposure to asbestos is the basis for the asbestos action. See Utah Code 78B-6-2401 Extra-jurisdictional child-placing agency: means an agency licensed to place children for adoption by a district, territory, or state of the United States, other than Utah. See Utah Code 78B-6-103 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Fiduciary: A trustee, executor, or administrator. Filter: means software installed on a device that is capable of preventing the device from accessing or displaying material that is harmful to minors through the Internet or any applications owned and controlled by the manufacturer and installed on the device. See Utah Code 78B-6-2202 Firearm: means the same as that term is defined in Section 53-5a-102. See Utah Code 78B-6-2301 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. 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 FVC: means the maximal volume of air expired with maximum effort from a position of full inspiration. See Utah Code 78B-6-2401 Genetic and social history: means a comprehensive report, when obtainable, that contains the following information on an adoptee's birth parents, aunts, uncles, and grandparents: (a)  medical history; (b)  health status; (c)  cause of and age at death; (d)  height, weight, and eye and hair color; (e)  ethnic origins; (f)  where appropriate, levels of education and professional achievement; and (g)  religion, if any. See Utah Code 78B-6-103 Government owner: means the same as that term is defined in Subsection 63G-7-201(3). See Utah Code 78B-6-2501 Grantor: The person who establishes a trust and places property into it. 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 Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. Harmful to minors: means the same as that term is defined in Section 76-10-1201. See Utah Code 78B-6-2202 Health history: means a comprehensive report of the adoptee's health status at the time of placement for adoption, and medical history, including neonatal, psychological, physiological, and medical care history. See Utah Code 78B-6-103 Highway: includes :Utah Code 68-3-12.5 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 Identifying information: means information that is in the possession of the office and that contains the name and address of a pre-existing parent or an adult adoptee, or other specific information that by itself or in reasonable conjunction with other information may be used to identify a pre-existing parent or an adult adoptee, including information on a birth certificate or in an adoption document. See Utah Code 78B-6-103 ILO system: means the system for the classification of chest x-rays provided in the International Labour Office's Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Internet: means the same as that term is defined in Section 13-40-102. See Utah Code 78B-6-2202 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 Intestate: Dying without leaving a will. 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. Juror: A person who is on the jury. Land: includes :Utah Code 68-3-12.5 Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102 Law enforcement officer: is a s defined in Section 53-13-103. See Utah Code 78B-6-1602 Law firm: means a person that employs a lawyer. See Utah Code 78B-6-2401 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. Lawyer: means an individual who is authorized to provide legal services in any state or territory of the United States. See Utah Code 78B-6-2401 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 Legatee: A beneficiary of a decedent Legislative firearm preemption: means the preemption provided for in Sections 53-5a-102 and 76-10-500. See Utah Code 78B-6-2301 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Licensed counselor: means an individual who is licensed by the state, or another state, district, or territory of the United States as a: (a)  certified social worker; (b)  clinical social worker; (c)  psychologist; (d)  marriage and family therapist; (e)  clinical mental health counselor; or (f)  an equivalent licensed professional of another state, district, or territory of the United States. See Utah Code 78B-6-103 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local entity: means the political subdivision for which an emergency response provider provides emergency services. See Utah Code 78B-6-1602 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 Local or state governmental entity: means : (a)  a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state, including the Utah Board of Higher Education, each institution of higher education, and the boards of trustees of each higher education institution; or (b)  a county, city, town, metro township, special district, local education agency, public school, school district, charter school, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 78B-6-2301 Man: means a male individual, regardless of age. See Utah Code 78B-6-103 Manufacturer: includes a registrant as that term is defined in Section 70-3a-103. See Utah Code 78B-6-2202 Mature adoptee: means an adoptee who is adopted when the adoptee is an adult. See Utah Code 78B-6-103 Mediation: means a private forum in which one or more impartial persons facilitate communication between parties to a civil action to promote a mutually acceptable resolution or settlement. See Utah Code 78B-6-202 Minor: means an individual under the age of 18 years old. See Utah Code 78B-6-1602 Minor: means an individual less than 18 years of age. See Utah Code 78B-6-2101 Minor: means an individual under the age of 18 who is not emancipated, married, or a member of the armed forces of the United States. See Utah Code 78B-6-2202 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. 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 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 Nonmalignant condition: means a condition that may be caused by asbestos other than a diagnosed cancer. See Utah Code 78B-6-2401 Notice: means a notice of the pendency of an action filed under Section 78B-6-1303. See Utah Code 78B-6-1302 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. Office: means the Office of Vital Records and Statistics within the Department of Health and Human Services operating under 1. See Utah Code 78B-6-103 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 Partition by sale: means a court-ordered sale of the entire heirs' property, whether by an auction, sealed bids, or an open-market sale conducted under Section 78B-6-1278. See Utah Code 78B-6-1270 Partition in kind: means the division of heirs' property into physically distinct and separately titled parcels. See Utah Code 78B-6-1270 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. Pathological evidence of asbestosis: means a statement by a board-certified physician in pathology that more than one representative section of lung tissue demonstrates a pattern of peribronchiolar or parenchymal scarring in the presence of characteristic asbestos bodies and there is no other more likely explanation for the presence of the fibrosis. See Utah Code 78B-6-2401 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 Pedestrian traffic-control signal: means a traffic-control signal used to regulate pedestrians. See Utah Code 41-6a-102 Person: means :Utah Code 68-3-12.5 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 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Plaintiff: means : (a)  the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate; or (b)  a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual. See Utah Code 78B-6-2401 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. Plethysmography: means the test for determining lung volume in which the exposed individual is enclosed in a chamber equipped to measure pressure, flow, or volume change. See Utah Code 78B-6-2401 Pornographic material: means material that: (a)  the average person, applying contemporary community standards, finds that, taken as a whole, appeals to prurient interest in sex; (b)  is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and (c)  taken as a whole does not have serious literary, artistic, political, or scientific value. See Utah Code 78B-6-2101 Potential birth father: means a man who: (a)  is identified by a birth mother as a potential biological father of the birth mother's child, but whose genetic paternity has not been established; and (b)  was not married to the biological mother of the child described in Subsection (23)(a) at the time of the child's conception or birth. See Utah Code 78B-6-103 Pre-existing parent: means : (a)  a birth parent; or (b)  an individual who, before an adoption decree is entered, is, due to an earlier adoption decree, legally the parent of the child being adopted. See Utah Code 78B-6-103 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. Predicted lower limit of normal: means the fifth percentile of healthy populations based on age, height, and gender as referenced in the AMA guides. See Utah Code 78B-6-2401 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 Prospective adoptive parent: means an individual who seeks to adopt an adoptee. See Utah Code 78B-6-103 Pulmonary function testing: means spirometry, lung volume testing, and diffusion capacity testing, including appropriate measurements, quality control data, and graphs, that are performed in accordance with the methods of calibration and techniques provided in the AMA guides and the ATS testing standards in effect at the time of the performance of a test on an exposed individual. See Utah Code 78B-6-2401 Qualified physician: means a licensed physician who: (a)  is a board-certified physician in internal medicine, a board-certified physician in occupational medicine, a board-certified physician in pathology, or a board-certified physician in pulmonary medicine, as is appropriate to the diagnostic specialty in question; (b)  (i)  conducted a physical examination of the exposed individual and took a detailed occupational, exposure, medical, smoking, and social history from the exposed individual; or (ii)  if the exposed individual is deceased, reviewed the pathology material and took a detailed history from the individual most knowledgeable about the information forming the basis of the asbestos action; (c)  (i)  treated the exposed individual and had a physician-patient relationship with the exposed individual at the time of the physical examination; or (ii)  if the licensed physician is a board-certified physician in pathology, examined tissue samples or pathological slides of the exposed individual; (d)  prepared or directly supervised the preparation and final review of a medical report under this part; and (e)  has not relied on any examinations, tests, radiographs, reports, or opinions of a doctor, clinic, laboratory, or testing company that performed an examination, test, radiograph, or screening of the exposed individual in violation of a law, regulation, licensing requirement, or medical ethics requirement of the state in which the examination, test, radiograph, or screening of the exposed individual was conducted. See Utah Code 78B-6-2401 Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102 Railroad sign or signal: means a sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. See Utah Code 41-6a-102 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. 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-6-1270 Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC Relative: means : (a)  an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a child, or first cousin of a child's parent; and (b)  in the case of a child defined as an "Indian child" under the Indian Child Welfare Act, 25 U. See Utah Code 78B-6-103 Relative: means an ascendant, a descendant, a collateral, or an individual otherwise related to another individual by blood, marriage, adoption, or a law of this state other than this part. See Utah Code 78B-6-1270 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. 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. response costs: means the actual costs directly associated with an emergency response provider responding to, remaining at, or otherwise dealing with an underage drinking gathering, including: (i)  the costs of medical treatment to or for an emergency response provider injured because of an activity described in this Subsection (6)(a); and (ii)  the cost of repairing damage to equipment or property of a local entity that is attributable to an activity described in this Subsection (6)(a). See Utah Code 78B-6-1602 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. 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 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. Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. 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 Smart phone: means the same as that term is defined in Section 63A-2-101. See Utah Code 78B-6-2202 Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it. Spirometry: means a test of air capacity of the lung through a spirometer that measures the volume of air inspired and expired. See Utah Code 78B-6-2401 Sponsor: means the party or parties responsible for distribution of a demand letter. See Utah Code 78B-6-1902 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. 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. Summons: Another word for subpoena used by the criminal justice system. Supporting test results: means a report by a certified B reader, x-ray examinations, diagnostic imaging of the chest, pathology reports, pulmonary function testing, and other tests, which are reviewed by the diagnosing physician or qualified physician in reaching the physician's conclusions. See Utah Code 78B-6-2401 Sworn declaration: means the same as that term is defined in Section 78B-18a-102. See Utah Code 78B-6-2401 Tablet: means a mobile device that: (a)  is equipped with a mobile operating system, touchscreen display, and rechargeable battery; and (b)  has the ability to support access to a cellular network. See Utah Code 78B-6-2202 Target: means a person or entity residing in, incorporated in, or organized under the laws of this state that has received a demand letter and includes the customers, distributors, and agents of the person or entity. See Utah Code 78B-6-1902 Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent Tenant screening agency: means a person that, for a fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating information for the purpose of furnishing a tenant screening report. See Utah Code 78B-6-850 Tenant screening report: means any written, oral, or other communication prepared by a tenant screening agency that includes information about an individual's rental history for the purpose of serving as a factor in establishing the individual's eligibility for housing. See Utah Code 78B-6-850 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Timed gas dilution: means a method for measuring total lung capacity in which the individual breaths into a spirometer containing a known concentration of an inert and insoluble gas for a specific time and the concentration of that inert and insoluble gas in the lung is compared to the concentration of that type of gas in the spirometer. See Utah Code 78B-6-2401 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. Total lung capacity: means the volume of gas contained in the lungs at the end of the maximal inspiration. See Utah Code 78B-6-2401 Tow truck motor carrier: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. 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 Traffic signal preemption device: means an instrument or mechanism designed, intended, or used to interfere with the operation or cycle of a traffic-control signal. 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 Traffic-control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. 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. Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102 Trust claims materials: means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including: (a)  claims forms and supplementary materials; (b)  affidavits; (c)  depositions and trial testimony; (d)  work history; (e)  medical and health records; (f)  documents reflecting the status of a claim against an asbestos trust; and (g)  all documents relating to the settlement of the trust claim if the trust claim has settled. See Utah Code 78B-6-2401 Trust governance documents: means all documents that relate to eligibility and payment levels, including: (a)  claims payment matrices; and (b)  trust distribution procedures or plans for reorganization for an asbestos trust. See Utah Code 78B-6-2401 Trustee: A person or institution holding and administering property in trust. Trustor: The person who makes or creates a trust. Also known as the grantor or settlor. Underage drinking gathering: means a gathering of two or more individuals: (a)  at which an individual knowingly serves, aids in the service of, or allows the service of an alcoholic beverage to an underage person; and (b)  to which an emergency response provider is required to respond, except for a response related solely to providing medical care at the location of the gathering. See Utah Code 78B-6-1602 Underage person: means an individual under the age of 21 years old. See Utah Code 78B-6-1602 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unlawful detainer: means the same as that term is defined in Section 78B-6-801. See Utah Code 78B-6-850 Unmarried biological father: means a man who: (a)  is the biological father of a child; and (b)  was not married to the biological mother of the child described in Subsection (27)(a) at the time of the child's conception or birth. See Utah Code 78B-6-103 unreasonably dangerous: means that the product was dangerous to an extent beyond which would be contemplated by the ordinary and prudent buyer, consumer, or user of that product in that community considering the product's characteristics, propensities, risks, dangers, and uses together with any actual knowledge, training, or experience possessed by that particular buyer, user, or consumer. See Utah Code 78B-6-702 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed: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 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Veterans benefits: means a program for benefits in connection with military service administered by the United States Department of Veterans Affairs under United States Code, Title 38, Veterans Benefits. See Utah Code 78B-6-2401 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5