Utah Code > Title 38 > Chapter 11 > Part 3 – Registration
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§ 38-11-301 | Registration as a qualified beneficiary — Initial regular assessment — Affidavit |
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.