§ 38-11-301 Registration as a qualified beneficiary — Initial regular assessment — Affidavit

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Terms Used In Utah Code > Title 38 > Chapter 11 > Part 3 - Registration

  • 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.
  • 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.
  • 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
  • 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
  • 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
  • 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.
  • 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
  • Person: means :Utah Code 68-3-12.5
  • 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
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.