Terms Used In Utah Code > Title 26B > Chapter 3 > Part 11 - Utah False Claims Act

• Acknowledged before me: means :

  (a)	that the person acknowledging appeared before the person taking the acknowledgment;

  (b)	that he acknowledged he executed the document;

  (c)

  that, in the case of: (i)  a natural person, he executed the document for the purposes stated in it; (ii)  a corporation, the officer or agent acknowledged he held the position or title set forth in the document or certificate, he signed the document on behalf of the corporation by proper authority, and the document was the act of the corporation for the purpose stated in it; (iii)  a partnership, the partner or agent acknowledged he signed the document on behalf of the partnership by proper authority, and he executed the document as the act of the partnership for the purposes stated in it; (iv)  a person acknowledging as principal by an attorney in fact, he executed the document by proper authority as the act of the principal for the purposes stated in it; or (v)  a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he signed the document by proper authority, and he executed the document in the capacity and for the purposes stated in it; and

  (d)

  that the person taking the acknowledgment: (i)  either knew or had satisfactory evidence that the person acknowledging was the person named in the document or certificate; and (ii)  in the case of a person executing a document in a representative capacity, either had satisfactory evidence or received the sworn statement or affirmation of the person acknowledging that the person had the proper authority to execute the document. See Utah Code 57-2a-2 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Benefit: means the receipt of money, goods, or any other thing of pecuniary value. See Utah Code 26B-3-1101 Claim: means any request or demand for money or property: (a)  made to any: (i)  employee, officer, or agent of the state; (ii)  contractor with the state; or (iii)  grantee or other recipient, whether or not under contract with the state; and (b)  if: (i)  any portion of the money or property requested or demanded was issued from or provided by the state; or (ii)  the state will reimburse the contractor, grantee, or other recipient for any portion of the money or property. See Utah Code 26B-3-1101 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. 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. 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: Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1 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. false representation: means a wholly or partially untrue statement or representation which is: (a)  knowingly made; and (b)  a material fact with respect to the claim. See Utah Code 26B-3-1101 Fraud: Intentional deception resulting in injury to another. Health care provider: means the same as that term is defined in Section 26B-8-411. See Utah Code 26B-3-1101 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. Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101 Medical assistance: means services furnished or payments made to or on behalf of a member. See Utah Code 26B-3-101 Medical benefit: means a benefit paid or payable to: (a)  a health care provider; or (b)  a recipient or a provider under a program administered by the state under: (i)  Titles V and XIX of the federal Social Security Act; (ii)  Title X of the federal Public Health Services Act; (iii)  the federal Child Nutrition Act of 1966 as amended by Pub. See Utah Code 26B-3-1101 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Notarial act: means any act a notary public is authorized by state law to perform, including administering oaths and affirmations, taking acknowledgments of documents, and attesting documents. See Utah Code 57-2a-2 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. 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. Person: means :Utah Code 68-3-12.5 Person: means an individual, corporation, unincorporated association, professional corporation, partnership, or other form of business association. See Utah Code 26B-3-1101 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. 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 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1 Recipient: means a person who has received medical assistance under the Medicaid program. See Utah Code 26B-3-101 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Service of process: The service of writs or summonses to the appropriate party. 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. Subpoena: A command to a witness to appear and give testimony. 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. Trustee: A person or institution holding and administering property in trust. 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. Writing: includes :Utah Code 68-3-12.5