Terms Used In Utah Code > Title 38 > Chapter 1a > Part 7 - Enforcement of Preconstruction and Construction Liens

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Applicable county recorder: means the office of the recorder of each county in which any part of the property on which a claimant claims or intends to claim a preconstruction or construction lien is located. See Utah Code 38-1a-102
• 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.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction lien: means a lien under this chapter for construction work. See Utah Code 38-1a-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• 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.
• Juror: A person who is on the jury.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Managing judge: means the supervising judge when he retains authority to manage a grand jury, or the district court judge to whom the supervising judge delegates management of a grand jury. See Utah Code 77-10a-1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Original contractor: means a person, including an owner-builder, that contracts with an owner to provide preconstruction service or construction work. See Utah Code 38-1a-102
• Owner: means a person who possesses an interest in a project property and contracts with an original contractor for preconstruction service or construction work. See Utah Code 38-1a-102
• Person: means :Utah Code 68-3-12.5
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Preconstruction lien: means a lien under this chapter for a preconstruction service. See Utah Code 38-1a-102
• Presiding officer: means the presiding officer of the Judicial Council. See Utah Code 77-10a-1
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• 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
• Quorum: The number of legislators that must be present to do business.
• 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
• Subcontractor: means a person that contracts to provide preconstruction service or construction work to:

  (a)	a person other than the owner; or

  (b)

  the owner, if the owner is an owner-builder. See Utah Code 38-1a-102 Subject: means a person whose conduct is within the scope of the grand jury's investigation, and that conduct exposes the person to possible criminal prosecution. See Utah Code 77-10a-1 Summons: Another word for subpoena used by the criminal justice system. Supervising judge: means the district court judge appointed by the presiding officer to supervise the five-judge grand jury panel. See Utah Code 77-10a-1 Swear: includes "affirm. See Utah Code 68-3-12.5 Testimony: Evidence presented orally by witnesses during trials or before grand juries. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth." Writing: includes :Utah Code 68-3-12.5