Terms Used In Utah Code > Title 38 > Chapter 9 - Wrongful Lien Act

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Acquitted: means a finding by a jury or a judge at trial that a claimant is not guilty. See Utah Code 77-11b-101
• Acquitted: means the same as that term is defined in Section 77-11b-101. See Utah Code 77-11c-101
• Adjudicated: means that:

  (a)	(i)  a judgment of conviction by plea or verdict of an offense has been entered by a court; and (ii)  a sentence has been imposed by the court; or

  (b)

  a judgment has been entered for an adjudication of an offense by a juvenile court under Section 80-6-701. See Utah Code 77-11c-101 Adjudication: means : (a)  a judgment of conviction by plea or verdict of an offense; or (b)  an adjudication for an offense by a juvenile court under Section 80-6-701. See Utah Code 77-11c-101 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. 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. Agency: includes a law enforcement agency or a multijurisdictional task force. See Utah Code 77-11a-101 Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 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. 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. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Appellate court: means the Utah Court of Appeals, the Utah Supreme Court, or the United States Supreme Court. See Utah Code 77-11c-101 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 Arrest: Taking physical custody of a person by lawful authority. Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. 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 Biological evidence: includes : (i)  material that is catalogued separately, including: (A)  on a slide or swab; or (B)  inside a test tube, if the evidentiary sample that previously was inside the test tube has been consumed by testing; (ii)  material that is present on other evidence, including clothing, a ligature, bedding, a drinking cup, a cigarette, or a weapon, from which a DNA profile may be obtained; (iii)  the contents of a sexual assault examination kit; and (iv)  for a violent felony offense, material described in this Subsection (6) that is in the custody of an evidence collecting or retaining entity on May 4, 2022. See Utah Code 77-11c-101 Bond: means : (a)  a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and (b)  a lease agreement, installment purchase agreement, or other agreement that: (i)  includes an obligation by the district to pay money; and (ii)  the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102 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 Civil forfeiture: The loss of ownership of property used to conduct illegal activity. Claimant: means : (a)  an owner of property; (b)  an interest holder; or (c)  an individual or entity who asserts a claim to any property for which an agency seeks to forfeit. See Utah Code 77-11a-101 Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Clerk of the court: means the state court administrator or his designee. See Utah Code 77-10a-1 Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-11b-101 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. Complaint: means a civil or criminal complaint seeking the forfeiture of any property under this chapter. See Utah Code 77-11b-101 Computer: includes any device that is used for the storage of digital or electronic files, flash memory, software, or other electronic information. See Utah Code 77-11a-101 Computer: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Continuous chain of custody: means : (a)  for a law enforcement agency or a court, that legal standards regarding a continuous chain of custody are maintained; and (b)  for an entity that is not a law enforcement agency or a court, that the entity maintains a record in accordance with legal standards required of the entity. See Utah Code 77-11c-101 Contraband: includes : (i)  a controlled substance that is possessed, transferred, distributed, or offered for distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or (ii)  a computer that: (A)  contains or houses child sexual abuse material, or is used to create, download, transfer, upload to a storage account, or store any electronic or digital files containing child sexual abuse material; or (B)  contains the personal identifying information of another individual, as defined in Section 76-6-1101, whether that individual is alive or deceased, and the personal identifying information has been used to create false or fraudulent identification documents or financial transaction cards in violation of 5. See Utah Code 77-11a-101 Contraband: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Contract: A legal written agreement that becomes binding when signed. Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 77-11a-101 Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 77-11c-101 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. County legislative body: means :Utah Code 68-3-12.5 Court: means a municipal, county, or state court. See Utah Code 77-11a-101 Court: means a municipal, county, or state court. See Utah Code 77-11c-101 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Dependent: A person dependent for support upon another. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: DNA: means deoxyribonucleic acid. See Utah Code 77-11c-101 DNA profile: means a unique identifier of an individual derived from DNA. See Utah Code 77-11c-101 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 Drug paraphernalia: means the same as that term is defined in Section 58-37a-3. See Utah Code 77-11c-101 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 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. Evidence: means the same as that term is defined in Section 77-11c-101. See Utah Code 77-11a-101 Evidence: means property, contraband, or an item or substance that: (a)  is seized or collected as part of an investigation or prosecution of an offense; and (b)  may reasonably be used to incriminate or exculpate an individual for an offense. See Utah Code 77-11c-101 Evidence collecting or retaining entity: includes : (i)  a medical or forensic entity; (ii)  a law enforcement agency; (iii)  a court; and (iv)  an official, employee, or agent of an entity or agency described in this Subsection (17). See Utah Code 77-11c-101 Exhibit: means property, contraband, or an item or substance that is admitted into evidence for a court proceeding. See Utah Code 77-11c-101 facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102 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. Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. 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. Forfeit: means to divest a claimant of an ownership interest in property seized by a peace officer or agency. See Utah Code 77-11a-101 Forfeit: means to divest a claimant of an ownership interest in property seized under Section 77-11a-201. See Utah Code 77-11b-101 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. In custody: means an individual who: (a)  is incarcerated, civilly committed, on parole, or on probation; or (b)  is required to register under Title 77, Chapter 41, Sex and Kidnap Offender Registry. See Utah Code 77-11c-101 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. Innocent owner: means a claimant who: (a)  held an ownership interest in property at the time of the commission of an offense subjecting the property to seizure, and: (i)  did not have actual knowledge of the offense subjecting the property to seizure; or (ii)  upon learning of the commission of the offense, took reasonable steps to prohibit the use of the property in the commission of the offense; or (b)  acquired an ownership interest in the property and had no knowledge that the commission of the offense subjecting the property to seizure had occurred or that the property had been seized, and: (i)  acquired the property in a bona fide transaction for value; (ii)  was an individual, including a minor child, who acquired an interest in the property through probate or inheritance; or (iii)  was a spouse who acquired an interest in property through dissolution of marriage or by operation of law. See Utah Code 77-11a-101 Innocent owner: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Interest holder: means a secured party as defined in Section 70A-9a-102, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. See Utah Code 77-11a-101 Interest holder: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-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 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. Known address: means : (a)  any address provided by a claimant to the peace officer or agency at the time the property is seized; or (b)  the claimant's most recent address on record with a governmental entity if no address was provided at the time of the seizure. See Utah Code 77-11b-101 Land: includes :Utah Code 68-3-12.5 Law enforcement agency: means : (a)  a municipal, county, state institution of higher education, or state police force or department; (b)  a sheriff's office; or (c)  a municipal, county, or state prosecuting authority. See Utah Code 77-11a-101 Law enforcement agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 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 Legal costs: means the costs and expenses incurred by a party in a forfeiture action. See Utah Code 77-11b-101 Legislative body: means : (a)  (i)  the Legislature, county commission, county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority over an agency; or (ii)  the agency's governing political subdivision; or (b)  the lead governmental entity of a multijurisdictional task force, as designated in a memorandum of understanding executed by the agencies participating in the task force. See Utah Code 77-11a-101 Legislative body: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 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. 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 Medical or forensic entity: means a private or public hospital, medical facility, or other entity that secures biological evidence or conducts forensic examinations related to criminal investigations. See Utah Code 77-11c-101 Mortgagee: The person to whom property is mortgaged and who has loaned the money. Multijurisdictional task force: means a law enforcement task force or other agency comprised of individuals who are employed by or acting under the authority of different governmental entities, including federal, state, county, or municipal governments, or any combination of federal, state, county, or municipal agencies. See Utah Code 77-11a-101 Municipal: means of or relating to a municipality. See Utah Code 17B-1-102 Municipality: means a city, town, or metro township. See Utah Code 17B-1-102 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 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. 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 an individual or entity, other than an interest holder, that possesses a bona fide legal or equitable interest in property. See Utah Code 77-11a-101 Pawn or secondhand business: means the same as that term is defined in Section 13-32a-102. See Utah Code 77-11a-101 Peace officer: means an employee: (a)  of an agency; (b)  whose duties consist primarily of the prevention and detection of violations of laws of this state or a political subdivision of this state; and (c)  who is authorized by the agency to seize property. See Utah Code 77-11a-101 Peace officer: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Person: means :Utah Code 68-3-12.5 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Physical evidence: includes evidence that: (a)  is related to: (i)  an investigation; (ii)  an arrest; or (iii)  a prosecution that resulted in a judgment of conviction; and (b)  is in the actual or constructive possession of a law enforcement agency or a court or an agent of a law enforcement agency or a court. See Utah Code 77-11c-101 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source: 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 Political subdivision: means a county, city, town, metro township, special district under this title, 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 17B-1-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeds: includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i). See Utah Code 77-11a-101 Proceeds: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Program: means the State Asset Forfeiture Grant Program created in Section 77-11b-403. See Utah Code 77-11b-101 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101 Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Prosecuting attorney: means : (a)  the attorney general and an assistant attorney general; (b)  a district attorney or deputy district attorney; (c)  a county attorney or assistant county attorney; and (d)  an attorney authorized to commence an action on behalf of the state. See Utah Code 77-11a-101 Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Public defender: Represent defendants who can't afford an attorney in criminal matters. Public entity: means : (a)  the United States or an agency of the United States; (b)  the state or an agency of the state; (c)  a political subdivision of the state or an agency of a political subdivision of the state; (d)  another state or an agency of that state; or (e)  a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-1-102 Public interest use: means a: (a)  use by a government agency as determined by the legislative body of the agency's jurisdiction; or (b)  donation of the property to a nonprofit charity registered with the state. See Utah Code 77-11a-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 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 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). Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Seized property: includes property that the agency seeks to forfeit under Chapter 11b, Forfeiture of Seized Property. See Utah Code 77-11a-101 Seized property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations. Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102 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. 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 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. 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 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. Unincorporated: means not included within a municipality. See Utah Code 17B-1-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Violent felony offense: means the same as the term "violent felony" is defined in Section 76-3-203. See Utah Code 77-11c-101 Water conservancy district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District Act, including an entity that was created and operated as a water conservancy district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Wildlife: means the same as that term is defined in Section 23-13-2. See Utah Code 77-11c-101 Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a special district. See Utah Code 17B-1-102 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