Terms Used In Utah Code > Title 77 > Chapter 17 - The Trial

• Affected person: means :
       (1)(a) a person who is a record interest holder of the real property that is the subject of a recorded nonconsensual common law document; or
       (1)(b) the person against whom a recorded nonconsensual common law document purports to reflect or establish a claim or obligation. See Utah Code 38-9-102
• 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.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction project: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Document sponsor: means a person who, personally or through a designee, signs or submits for recording a document that is, or is alleged to be, a nonconsensual common law document. See Utah Code 38-9-102
• 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.
• Government project: means a construction project undertaken by or for:
       (6)(a) the state, including a department, division, or other agency of the state; or
       (6)(b) a county, city, town, school district, special district, special service district, community reinvestment agency, or other political subdivision of the state. See Utah Code 38-1b-102
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Interest holder: means a person who holds or possesses a present, lawful property interest in certain real property, including an owner, title holder, mortgagee, trustee, or beneficial owner. See Utah Code 38-9-102
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lien claimant: means a person claiming an interest in real property who offers a document for recording or filing with any county recorder in the state asserting a lien, or notice of interest, or other claim of interest in certain real property. See Utah Code 38-9-102
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Nonconsensual common law document: means a document that is submitted to a county recorder's office for recording against public official property that:
       (5)(a) purports to create a lien or encumbrance on or a notice of interest in the real property;
       (5)(b) at the time the document is recorded, is not:

            (5)(b)(i) expressly authorized by this chapter or a state or federal statute;

            (5)(b)(ii) authorized by or contained in an order or judgment of a court of competent jurisdiction; or

            (5)(b)(iii) signed by or expressly authorized by a document signed by the owner of the real property; and
       (5)(c) is submitted in relation to the public official's status or capacity as a public official. See Utah Code 38-9-102
• 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.
• Owner: means a person who has a vested ownership interest in real property. See Utah Code 38-9-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Political subdivision: means a county, city, town, school district, special improvement or taxing district, special district, special service district, or other governmental subdivision or public corporation. See Utah Code 38-9-102
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public official: means :
       (8)(a) a current or former:

            (8)(a)(i) member of the Legislature;

            (8)(a)(ii) member of Congress;

            (8)(a)(iii) judge;

            (8)(a)(iv) member of law enforcement;

            (8)(a)(v) corrections officer;

            (8)(a)(vi) active member of the Utah State Bar; or

            (8)(a)(vii) member of the Board of Pardons and Parole;
       (8)(b) an individual currently or previously appointed or elected to an elected position in:

            (8)(b)(i) the executive branch of state or federal government; or

            (8)(b)(ii) a political subdivision;
       (8)(c) an individual currently or previously appointed to or employed in a position in a political subdivision, or state or federal government that:

            (8)(c)(i) is a policymaking position; or

            (8)(c)(ii) involves:

                 (8)(c)(ii)(A) purchasing or contracting decisions;

                 (8)(c)(ii)(B) drafting legislation or making rules;

                 (8)(c)(ii)(C) determining rates or fees; or

                 (8)(c)(ii)(D) making adjudicative decisions; or
       (8)(d) an immediate family member of a person described in Subsections (8)(a) through (c). See Utah Code 38-9-102
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Record interest holder: includes any grantor in the chain of the title in real property. See Utah Code 38-9-102
• 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.
• 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
• 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.
• Wrongful lien: includes a document recorded in violation of Subsection 10-9a-532(2)(d). See Utah Code 38-9-102