Part 1 General Provisions 63G-7-101 – 63G-7-102
Part 2 Governmental Immunity – Statement, Scope, and Effect 63G-7-201 – 63G-7-203
Part 3 Waivers of Immunity 63G-7-301 – 63G-7-302
Part 4 Notice of Claim Against a Governmental Entity or a Government Employee 63G-7-401 – 63G-7-403
Part 5 Legal Actions Under this Chapter – Jurisdiction and Venue 63G-7-501 – 63G-7-502
Part 6 Legal Actions Under this Chapter – Procedures, Requirements, Damages, and Limitations on Judgments 63G-7-601 – 63G-7-605
Part 7 Payment Process and Sources for Paying Proved Claims Against Governmental Entities 63G-7-701 – 63G-7-704
Part 8 Self-Insurance and Purchase of Liability Insurance by Governmental Entities 63G-7-801 – 63G-7-805
Part 9 Coverage and Representation of State Entities and Employees 63G-7-901 – 63G-7-904

Terms Used In Utah Code > Title 63G > Chapter 7 - Governmental Immunity Act of Utah

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Claim: means any asserted demand for or cause of action for money or damages, whether arising under the common law, under state constitutional provisions, or under state statutes, against a governmental entity or against an employee in the employee's personal capacity. See Utah Code 63G-7-102
  • Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Construction lien: means a lien under this chapter for construction work. See Utah Code 38-1a-102
  • Contestable notice: means a notice of preconstruction service under Section 38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under Section 38-1a-506. See Utah Code 38-1a-102
  • Contesting person: means an owner, original contractor, subcontractor, or other interested person. See Utah Code 38-1a-102
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • 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.
  • Designated agent: means the third party the division contracts with as provided in Section 38-1a-202 to create and maintain the registry. See Utah Code 38-1a-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
  • Employee: includes :
    (i) a governmental entity's officers, employees, servants, trustees, or commissioners;
    (ii) a member of a governing body;
    (iii) a member of a government entity board;
    (iv) a member of a government entity commission;
    (v) members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102;
    (vi) a student holding a license issued by the State Board of Education;
    (vii) an educational aide;
    (viii) a student engaged in an internship under Section 53B-16-402 or 53G-7-902;
    (ix) a volunteer, as defined in Section 67-20-2; and
    (x) a tutor. See Utah Code 63G-7-102
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Governmental entity: means :
    (a) the state and its political subdivisions; and
    (b) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102
  • Governmental function: includes each activity, undertaking, or operation performed by a department, agency, employee, agent, or officer of a governmental entity. See Utah Code 63G-7-102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Highway: includes :Utah Code 68-3-12.5
  • Improvement: means :
    (a) a building, infrastructure, utility, or other human-made structure or object constructed on or for and affixed to real property; or
    (b) a repair, modification, or alteration of a building, infrastructure, utility, or object referred to in Subsection (21)(a). See Utah Code 38-1a-102
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injury: means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to the person or estate, that would be actionable if inflicted by a private person or the private person's agent. See Utah Code 63G-7-102
  • 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.
  • Land: includes :Utah Code 68-3-12.5
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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.
  • 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
  • Personal injury: means an injury of any kind other than property damage. See Utah Code 63G-7-102
  • Personal property: All property that is not real property.
  • Personal property: includes :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, local district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 63G-7-102
  • Preconstruction lien: means a lien under this chapter for a preconstruction service. See Utah Code 38-1a-102
  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Project property: means the real property interest on or for which preconstruction service or construction work is or will be provided. See Utah Code 38-1a-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property damage: means injury to, or loss of, any right, title, estate, or interest in real or personal property. See Utah Code 63G-7-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Registry: means the State Construction Registry under Part 2, State Construction Registry. See Utah Code 38-1a-102
  • Road: includes :Utah Code 68-3-12.5
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • 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
  • State: means the state of Utah, and includes each office, department, division, agency, authority, commission, board, institution, hospital, college, university, Children's Justice Center, or other instrumentality of the state. See Utah Code 63G-7-102
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • 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
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Venue: The geographical location in which a case is tried.
  • Willful misconduct: means the intentional doing of a wrongful act, or the wrongful failure to act, without just cause or excuse, where the actor is aware that the actor's conduct will probably result in injury. See Utah Code 63G-7-102
  • Writing: includes :Utah Code 68-3-12.5
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