Terms Used In Utah Code > Title 38 > Chapter 9 > Part 3 - Recording a Nonconsensual Common Law Document

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• 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 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: 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 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. 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. 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 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 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. 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: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-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. 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. 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 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 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 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. Law enforcement agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Legal costs: means the costs and expenses incurred by a party in a forfeiture action. See Utah Code 77-11b-101 Legislative body: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. 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 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 Oversight: Committee review of the activities of a Federal agency or program. Person: means :Utah Code 68-3-12.5 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. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. 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: 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 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. Seized property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 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 of limitations: A law that sets the time within which parties must take action to enforce their rights. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. 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 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 Wildlife: means the same as that term is defined in Section 23-13-2. See Utah Code 77-11c-101