Terms Used In Utah Code > Title 13 > Chapter 2 - Division of Consumer Protection

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Advisory committee: means the committee that proposes to the Supreme Court rules or changes in rules related to:

  (a)	civil procedure;

  (b)	criminal procedure;

  (c)	juvenile procedure;

  (d)	appellate procedure;

  (e)	evidence; and

  (f)

  professional conduct. See Utah Code 36-32-102 Affected person: means : (a)  a person who is a record interest holder of the real property that is the subject of a recorded nonconsensual common law document; or (b)  the person against whom a recorded nonconsensual common law document purports to reflect or establish a claim or obligation. See Utah Code 38-9-102 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. Alternate means: means a method of filing a legible and complete notice or other document with the registry other than electronically, as established by the division by rule. See Utah Code 38-1a-102 Alternate means: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102 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. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Anticipated improvement: means an improvement: (a)  for which preconstruction service is performed; and (b)  that is anticipated to follow the performing of preconstruction service. See Utah Code 38-1a-102 Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Applicable county recorder: means the office of the recorder of each county in which any part of the property on which a claimant claims or intends to claim a preconstruction or construction lien is located. See Utah Code 38-1a-102 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 Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Arrest: Taking physical custody of a person by lawful authority. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. 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. Bona fide loan: means a loan to an owner or owner-builder by a lender in which the owner or owner-builder has no financial or beneficial interest greater than 5% of the voting shares or other ownership interest. See Utah Code 38-1a-102 Case law: The law as laid down in cases that have been decided in the decisions of the courts. 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. City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102 Clerk of the court: means the state court administrator or his designee. See Utah Code 77-10a-1 Committee: means the Judicial Rules Review Committee created in Section 36-32-201. See Utah Code 36-32-102 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. Compensation: means the payment of money for a service rendered or an expense incurred, whether based on: (a)  time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or percentage fee, or commission; or (b)  a combination of the bases listed in Subsection (6)(a). See Utah Code 38-1a-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Construction lender: means a person who makes a construction loan. See Utah Code 38-1a-102 Construction lien: means a lien under this chapter for construction work. See Utah Code 38-1a-102 Construction project: means an improvement that is constructed pursuant to an original contract. See Utah Code 38-1a-102 Construction project: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102 Construction work: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102 Contestable notice: means a notice of preconstruction service under Section 38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under Section 38-1a-506. See Utah Code 38-1a-102 Contesting person: means an owner, original contractor, subcontractor, or other interested person. See Utah Code 38-1a-102 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. Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request. Court rule: means any of the following: (a)  rules of procedure, evidence, or practice for use of the courts of this state; (b)  rules governing and managing the appellate process adopted by the Supreme Court; or (c)  rules adopted by the Judicial Council for the administration of the courts of the state. See Utah Code 36-32-102 Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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. Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 36-29-301 Designated agent: means the third party the division contracts with as provided in Section 38-1a-202 to create and maintain the registry. See Utah Code 38-1a-102 Designated agent: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102 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 Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102 Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1b-102 Document sponsor: means a person who, personally or through a designee, signs or submits for recording a document that is, or is alleged to be, a nonconsensual common law document. See Utah Code 38-9-102 Entry number: means the reference number that: (a)  the designated agent assigns to each notice or other document filed with the registry; and (b)  is unique for each notice or other document. See Utah Code 38-1a-102 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means the executive director of the department. See Utah Code 36-29-301 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Final completion: means : (a)  the date of issuance of a permanent certificate of occupancy by the local government entity having jurisdiction over a construction project, if a permanent certificate of occupancy is required; (b)  the date of the final inspection of construction work by the local government entity having jurisdiction over a construction project, if an inspection is required under a state-adopted building code applicable to the construction work, but no certificate of occupancy is required; (c)  unless the owner is holding payment to ensure completion of construction work, the date on which there remains no substantial work to be completed to finish the construction work under the original contract, if a certificate of occupancy is not required and a final inspection is not required under an applicable state-adopted building code; or (d)  the last date on which substantial work was performed under the original contract, if, because the original contract is terminated before completion of the construction work defined by the original contract, the local government entity having jurisdiction over a construction project does not issue a certificate of occupancy or perform a final inspection. See Utah Code 38-1a-102 Final lien waiver: means a form that complies with Subsection 38-1a-802(4)(c). See Utah Code 38-1a-102 First preliminary notice filing: means a preliminary notice that: (a)  is the earliest preliminary notice filed on a construction project for which the preliminary notice is filed; (b)  is filed on a construction project that, at the time the preliminary notice is filed, has not reached final completion; and (c)  is not canceled under Section 38-1a-307. See Utah Code 38-1a-102 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. 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. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Government project: means a construction project undertaken by or for: (a)  the state, including a department, division, or other agency of the state; or (b)  a county, city, town, school district, special district, special service district, community reinvestment agency, or other political subdivision of the state. See Utah Code 38-1b-102 Government project-identifying information: means : (a)  the lot or parcel number of each lot included in the project property that has a lot or parcel number; or (b)  the unique project number assigned by the designated agent. See Utah Code 38-1b-102 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, 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 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Highway: includes :Utah Code 68-3-12.5 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Improvement: means : (a)  a building, infrastructure, utility, or other human-made structure or object constructed on or for and affixed to real property; or (b)  a repair, modification, or alteration of a building, infrastructure, utility, or object referred to in Subsection (21)(a). See Utah Code 38-1a-102 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Interest holder: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11d-101 Interest holder: means a person who holds or possesses a present, lawful property interest in certain real property, including an owner, title holder, mortgagee, trustee, or beneficial owner. See Utah Code 38-9-102 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Interested person: means a person that may be affected by a construction project. See Utah Code 38-1a-102 Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit. Judicial Council: means the administrative body of the courts, established in Utah Constitution, Utah Code 36-32-102 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Lien claimant: means a person claiming an interest in real property who offers a document for recording or filing with any county recorder in the state asserting a lien, or notice of interest, or other claim of interest in certain real property. See Utah Code 38-9-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Lobbyist: means : (i)  an individual who is employed by a principal; or (ii)  an individual who contracts for economic consideration, other than reimbursement for reasonable travel expenses, with a principal to lobby a public official. See Utah Code 36-11-102 Local government: means : (a)  a county, city, town, or metro township; (b)  a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts; (c)  a special service district governed by Title 17D, Chapter 1, Special Service District Act; (d)  a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act; (e)  a conservation district governed by Title 17D, Chapter 3, Conservation District Act; (f)  a redevelopment agency; or (g)  an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 36-11-102 Managing judge: means the supervising judge when he retains authority to manage a grand jury, or the district court judge to whom the supervising judge delegates management of a grand jury. See Utah Code 77-10a-1 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. Municipal: means of or relating to a municipality. See Utah Code 10-1-104 Municipality: means : (a)  a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; (b)  a town, as classified in Section 10-2-301; or (c)  a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 Nonconsensual common law document: means a document that is submitted to a county recorder's office for recording against public official property that: (a)  purports to create a lien or encumbrance on or a notice of interest in the real property; (b)  at the time the document is recorded, is not: (i)  expressly authorized by this chapter or a state or federal statute; (ii)  authorized by or contained in an order or judgment of a court of competent jurisdiction; or (iii)  signed by or expressly authorized by a document signed by the owner of the real property; and (c)  is submitted in relation to the public official's status or capacity as a public official. See Utah Code 38-9-102 Notice of commencement: means a notice required under Section 38-1b-201 for a government project as defined in Section 38-1b-102. See Utah Code 38-1a-102 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. 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. Original contractor: means a person, including an owner-builder, that contracts with an owner to provide preconstruction service or construction work. See Utah Code 38-1a-102 Original contractor: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102 Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who has a vested ownership interest in real property. See Utah Code 38-9-102 Owner: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11d-101 Owner: means a person who possesses an interest in a project property and contracts with an original contractor for preconstruction service or construction work. See Utah Code 38-1a-102 Owner: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102 Owner-builder: means an owner, including an owner who is also an original contractor, who: (a)  contracts with one or more other persons for preconstruction service or construction work for an improvement on the owner's real property; and (b)  obtains a building permit for the improvement. See Utah Code 38-1a-102 Owner-builder: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102 Person: means :Utah Code 68-3-12.5 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104 Plaintiff: The person who files the complaint in a civil lawsuit. Political subdivision: means a county, city, town, school district, special improvement or taxing district, special district, special service district, or other governmental subdivision or public corporation. See Utah Code 38-9-102 Preconstruction lien: means a lien under this chapter for a preconstruction service. See Utah Code 38-1a-102 Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Presiding officer: means the presiding officer of the Judicial Council. See Utah Code 77-10a-1 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Private project: means a construction project that is not a government project. See Utah Code 38-1a-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Project property: means the real property interest on or for which preconstruction service or construction work is or will be provided. See Utah Code 38-1a-102 Project property: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 Proposal for court rule: means the proposed language in a court rule that is submitted to: (a)  the Judicial Council; (b)  the advisory committee; or (c)  the Supreme Court. See Utah Code 36-32-102 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Psychotherapy drug: means a controlled substance that: (a)  is not currently available for legal use; and (b)  may be able to treat, manage, or alleviate symptoms from mental illness. See Utah Code 36-29-301 Public interest use: means : (a)  use by a governmental agency as determined by the agency's legislative body; or (b)  donation to a nonprofit charity registered with the state. See Utah Code 77-11d-101 Public official: means : (a)  a current or former: (i)  member of the Legislature; (ii)  member of Congress; (iii)  judge; (iv)  member of law enforcement; (v)  corrections officer; (vi)  active member of the Utah State Bar; or (vii)  member of the Board of Pardons and Parole; (b)  an individual currently or previously appointed or elected to an elected position in: (i)  the executive branch of state or federal government; or (ii)  a political subdivision; (c)  an individual currently or previously appointed to or employed in a position in a political subdivision, or state or federal government that: (i)  is a policymaking position; or (ii)  involves: (A)  purchasing or contracting decisions; (B)  drafting legislation or making rules; (C)  determining rates or fees; or (D)  making adjudicative decisions; or (d)  an immediate family member of a person described in Subsections (8)(a) through (c). See Utah Code 38-9-102 Quorum: The number of legislators that must be present to do business. 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 interest holder: includes any grantor in the chain of the title in real property. See Utah Code 38-9-102 Registry: means the State Construction Registry under 2. See Utah Code 38-1a-102 Registry: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102 Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Required notice: means : (a)  a notice of preconstruction service under Section 38-1a-401; (b)  a preliminary notice under Section 38-1a-501 or Section 38-1b-202; (c)  a notice of commencement; (d)  a notice of construction loan under Section 38-1a-601; (e)  a notice under Section 38-1a-602 concerning a construction loan default; (f)  a notice of intent to obtain final completion under Section 38-1a-506; or (g)  a notice of completion under Section 38-1a-507. See Utah Code 38-1a-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Road: includes :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 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. Subcontractor: means a person that contracts to provide preconstruction service or construction work to: (a)  a person other than the owner; or (b)  the owner, if the owner is an owner-builder. See Utah Code 38-1a-102 Subject: means a person whose conduct is within the scope of the grand jury's investigation, and that conduct exposes the person to possible criminal prosecution. See Utah Code 77-10a-1 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Supervising judge: means the district court judge appointed by the presiding officer to supervise the five-judge grand jury panel. See Utah Code 77-10a-1 Supervisory subcontractor: means a person that: (a)  is a subcontractor under contract to provide preconstruction service or construction work; and (b)  contracts with one or more other subcontractors for the other subcontractor or subcontractors to provide preconstruction service or construction work that the person is under contract to provide. See Utah Code 38-1a-102 Swear: includes "affirm. See Utah Code 68-3-12.5 Target: means a person regarding whom the attorney for the state, the special prosecutor, or the grand jury has substantial evidence that links that person to the commission of a crime and who could be indicted or charged with that crime. See Utah Code 77-10a-1 task force: means the State Flag Task Force created in Section 36-29-202. See Utah Code 36-29-201 Task force: means the Mental Illness Psychotherapy Drug Task Force created in this part. See Utah Code 36-29-301 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. 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. Trustor: The person who makes or creates a trust. Also known as the grantor or settlor. 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. Verdict: The decision of a petit jury or a judge. Victim advocate: work with prosecutors and assist the victims of a crime. Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth." Witness: means a person who appears before the grand jury either voluntarily or pursuant to subpoena for the purpose of providing testimony or evidence for the grand jury's use in discharging its responsibilities. See Utah Code 77-10a-1 Writing: includes :Utah Code 68-3-12.5 Wrongful lien: means any document that purports to create a lien, notice of interest, or encumbrance on an owner's interest in certain real property and at the time it is recorded is not: (a)  expressly authorized by this chapter or another state or federal statute; (b)  authorized by or contained in an order or judgment of a court of competent jurisdiction in the state; or (c)  signed by or authorized pursuant to a document signed by the owner of the real property. See Utah Code 38-9-102 wrongful lien: refers to a lien made in violation of Section 76-6-503. See Utah Code 38-9a-102