Terms Used In Utah Code > Title 77 > Chapter 15 - Inquiry into Sanity of Defendant

• 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.
• Aircraft: is a s defined in Section 72-10-102. See Utah Code 38-13-102
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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}
• Competency evaluation: means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial. See Utah Code 77-15-2
• Competent to stand trial: means that a defendant has:

  (a)	a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and

  (b)

  the ability to consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense. See Utah Code 77-15-2 Contract: A legal written agreement that becomes binding when signed. 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. 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. See Utah Code 77-15-2 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: 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. Forensic evaluator: means a licensed mental health professional who: (a)  is not involved in the defendant's treatment; (b)  is trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation, based on knowledge, experience, or education relating to: (i)  intellectual functioning or psychopathology; and (ii)  the legal system and the rights of a defendant in a criminal trial; and (c)  if under contract with the department, demonstrates ongoing education and training relating to forensic mental health in accordance with rules established by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 77-15-2 Incompetent to proceed: means that a defendant is not competent to stand trial as a result of: (a)  mental illness; or (b)  intellectual disability. See Utah Code 77-15-2 Intellectual disability: means an intellectual disability as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 77-15-2 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. Lien: A claim against real or personal property in satisfaction of a debt. Mental illness: means the same as that term is defined in Section 26B-5-301. See Utah Code 77-15-2 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. Person: means :Utah Code 68-3-12.5 Petition: means a petition to request a court to determine whether a defendant is competent to stand trial. See Utah Code 77-15-2 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. Probable cause: A reasonable ground for belief that the offender violated a specific law. Progress toward competency evaluation: means an evaluation to determine whether an individual who is receiving restoration treatment is: (a)  competent to stand trial; (b)  incompetent to proceed but has a substantial probability of becoming competent to stand trial in the foreseeable future; or (c)  incompetent to proceed and does not have a substantial probability of becoming competent to stand trial in the foreseeable future. See Utah Code 77-15-2 Property: includes both real and personal property. See Utah Code 68-3-12.5 Repairman: means a person who makes, alters, repairs, or performs labor on an aircraft. See Utah Code 38-13-102 Restoration treatment: means training and treatment that is: (a)  provided to an individual who is incompetent to proceed; (b)  tailored to the individual's particular impairment to competency; and (c)  limited to the purpose of restoring the individual to competency. See Utah Code 77-15-2 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. 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. 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. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.