Terms Used In Utah Code > Title 38 > Chapter 1a > Part 2 - State Construction Registry

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Acquitted: means a finding by a jury or a judge at trial that a claimant is not guilty. See Utah Code 77-11b-101
• Acquitted: means the same as that term is defined in Section 77-11b-101. See Utah Code 77-11c-101
• Adjudicated: means that:
       (2)(a)

            (2)(a)(i) a judgment of conviction by plea or verdict of an offense has been entered by a court; and

            (2)(a)(ii) a sentence has been imposed by the court; or
       (2)(b) a judgment has been entered for an adjudication of an offense by a juvenile court under Section 80-6-701. See Utah Code 77-11c-101
• Adjudication: means :
       (3)(a) a judgment of conviction by plea or verdict of an offense; or
       (3)(b) an adjudication for an offense by a juvenile court under Section 80-6-701. See Utah Code 77-11c-101
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• 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.
• Agency: includes a law enforcement agency or a multijurisdictional task force. See Utah Code 77-11a-101
• Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Alternate means: means a method of filing a legible and complete notice or other document with the registry other than electronically, as established by the division by rule. See Utah Code 38-1a-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Anticipated improvement: means an improvement:
       (2)(a) for which preconstruction service is performed; and
       (2)(b) that is anticipated to follow the performing of preconstruction service. See Utah Code 38-1a-102
• 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.
• Appellate court: means the Utah Court of Appeals, the Utah Supreme Court, or the United States Supreme Court. See Utah Code 77-11c-101
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Biological evidence: includes :
            (6)(b)(i) material that is catalogued separately, including:

                 (6)(b)(i)(A) on a slide or swab; or

                 (6)(b)(i)(B) inside a test tube, if the evidentiary sample that previously was inside the test tube has been consumed by testing;
            (6)(b)(ii) material that is present on other evidence, including clothing, a ligature, bedding, a drinking cup, a cigarette, or a weapon, from which a DNA profile may be obtained;
            (6)(b)(iii) the contents of a sexual assault kit; and
            (6)(b)(iv) for a violent felony offense, material described in this Subsection (6) that is in the custody of an evidence collecting or retaining entity on May 4, 2022. See Utah Code 77-11c-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Claimant: means :
       (2)(a) an owner of property;
       (2)(b) an interest holder; or
       (2)(c) an individual or entity who asserts a claim to any property for which an agency seeks to forfeit. See Utah Code 77-11a-101
• Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-11b-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: means a civil or criminal complaint seeking the forfeiture of any property under this chapter. See Utah Code 77-11b-101
• Computer: includes any device that is used for the storage of digital or electronic files, flash memory, software, or other electronic information. See Utah Code 77-11a-101
• Computer: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Construction project: means an improvement that is constructed pursuant to an original contract. 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
• Continuous chain of custody: means :
       (9)(a) for a law enforcement agency or a court, that legal standards regarding a continuous chain of custody are maintained; and
       (9)(b) for an entity that is not a law enforcement agency or a court, that the entity maintains a record in accordance with legal standards required of the entity. See Utah Code 77-11c-101
• Contraband: includes :
            (4)(b)(i) a controlled substance that is possessed, transferred, distributed, or offered for distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
            (4)(b)(ii) a computer that:

                 (4)(b)(ii)(A) contains or houses child sexual abuse material, or is used to create, download, transfer, upload to a storage account, or store any electronic or digital files containing child sexual abuse material; or

                 (4)(b)(ii)(B) contains the personal identifying information of another individual, as defined in Section 76-6-1101, whether that individual is alive or deceased, and the personal identifying information has been used to create false or fraudulent identification documents or financial transaction cards in violation of Title 76, Chapter 6, Part 5, Fraud. See Utah Code 77-11a-101
• Contraband: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 77-11c-101
• Conviction: A judgement of guilt against a criminal defendant.
• Court: means a municipal, county, or state court. See Utah Code 77-11a-101
• Court: means a municipal, county, or state court. See Utah Code 77-11c-101
• 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.
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• 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.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
• Division of Law Enforcement: means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement. See Utah Code 77-11a-101 v2
• DNA: means deoxyribonucleic acid. See Utah Code 77-11c-101
• DNA profile: means a unique identifier of an individual derived from DNA. See Utah Code 77-11c-101
• Drug paraphernalia: means the same as that term is defined in Section 58-37a-3. See Utah Code 77-11c-101
• Entry number: means the reference number that:
       (16)(a) the designated agent assigns to each notice or other document filed with the registry; and
       (16)(b) is unique for each notice or other document. See Utah Code 38-1a-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Evidence: means the same as that term is defined in Section 77-11c-101. See Utah Code 77-11a-101
• Evidence: means property, contraband, or an item or substance that:
       (16)(a) is seized or collected as part of an investigation or prosecution of an offense; and
       (16)(b) may reasonably be used to incriminate or exculpate an individual for an offense. See Utah Code 77-11c-101
• Evidence collecting or retaining entity: includes :
            (17)(b)(i) a medical or forensic entity;
            (17)(b)(ii) a law enforcement agency;
            (17)(b)(iii) a court; and
            (17)(b)(iv) an official, employee, or agent of an entity or agency described in this Subsection (17). See Utah Code 77-11c-101
• Exhibit: means property, contraband, or an item or substance that is admitted into evidence for a court proceeding. See Utah Code 77-11c-101
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
• Forfeit: means to divest a claimant of an ownership interest in property seized by a peace officer or agency. See Utah Code 77-11a-101
• Forfeit: means to divest a claimant of an ownership interest in property seized under Section 77-11a-201. See Utah Code 77-11b-101
• Improvement: means :
       (21)(a) a building, infrastructure, utility, or other human-made structure or object constructed on or for and affixed to real property; or
       (21)(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
• In custody: means an individual who:
       (19)(a) is incarcerated, civilly committed, on parole, or on probation; or
       (19)(b) is required to register under Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry. See Utah Code 77-11c-101
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Innocent owner: means a claimant who:
       (9)(a) held an ownership interest in property at the time of the commission of an offense subjecting the property to seizure, and:

            (9)(a)(i) did not have actual knowledge of the offense subjecting the property to seizure; or

            (9)(a)(ii) upon learning of the commission of the offense, took reasonable steps to prohibit the use of the property in the commission of the offense; or
       (9)(b) acquired an ownership interest in the property and had no knowledge that the commission of the offense subjecting the property to seizure had occurred or that the property had been seized, and:

            (9)(b)(i) acquired the property in a bona fide transaction for value;

            (9)(b)(ii) was an individual, including a minor child, who acquired an interest in the property through probate or inheritance; or

            (9)(b)(iii) was a spouse who acquired an interest in property through dissolution of marriage or by operation of law. See Utah Code 77-11a-101
• Innocent owner: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Interest holder: means a secured party as defined in Section 70A-9a-102, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. See Utah Code 77-11a-101
• Interest holder: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interested person: means a person that may be affected by a construction project. See Utah Code 38-1a-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.
• Known address: means :
       (9)(a) any address provided by a claimant to the peace officer or agency at the time the property is seized; or
       (9)(b) the claimant's most recent address on record with a governmental entity if no address was provided at the time of the seizure. See Utah Code 77-11b-101
• Law enforcement agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Legal costs: means the costs and expenses incurred by a party in a forfeiture action. See Utah Code 77-11b-101
• Legislative body: means :
       (12)(a)

            (12)(a)(i) the Legislature, county commission, county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority over an agency; or

            (12)(a)(ii) the agency's governing political subdivision; or
       (12)(b) the lead governmental entity of a multijurisdictional task force, as designated in a memorandum of understanding executed by the agencies participating in the task force. See Utah Code 77-11a-101
• Legislative body: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Medical or forensic entity: means a private or public hospital, medical facility, or other entity that secures biological evidence or conducts forensic examinations related to criminal investigations. See Utah Code 77-11c-101
• Notice of commencement: means a notice required under Section 38-1b-201 for a government project as defined in Section 38-1b-102. See Utah Code 38-1a-102
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• Owner: means an individual or entity, other than an interest holder, that possesses a bona fide legal or equitable interest in property. See Utah Code 77-11a-101
• Pawn or secondhand business: means the same as that term is defined in Section 13-32a-102. See Utah Code 77-11a-101
• Peace officer: means an employee:
       (16)(a) of an agency;
       (16)(b) whose duties consist primarily of the prevention and detection of violations of laws of this state or a political subdivision of this state; and
       (16)(c) who is authorized by the agency to seize property. See Utah Code 77-11a-101
• Peace officer: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• 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
• Physical evidence: includes evidence that:
       (22)(a) is related to:

            (22)(a)(i) an investigation;

            (22)(a)(ii) an arrest; or

            (22)(a)(iii) a prosecution that resulted in a judgment of conviction; and
       (22)(b) is in the actual or constructive possession of a law enforcement agency or a court or an agent of a law enforcement agency or a court. See Utah Code 77-11c-101
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Private project: means a construction project that is not a government project. See Utah Code 38-1a-102
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeds: includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i). See Utah Code 77-11a-101
• Proceeds: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Program: means the State Asset Forfeiture Grant Program created in Section 77-11b-403. See Utah Code 77-11b-101
• 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: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101
• Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecuting attorney: means :
       (19)(a) the attorney general and an assistant attorney general;
       (19)(b) a district attorney or deputy district attorney;
       (19)(c) a county attorney or assistant county attorney; and
       (19)(d) an attorney authorized to commence an action on behalf of the state. See Utah Code 77-11a-101
• Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public interest use: means a:
       (20)(a) use by a government agency as determined by the legislative body of the agency's jurisdiction; or
       (20)(b) donation of the property to a nonprofit charity registered with the state. See Utah Code 77-11a-101
• Registry: means the State Construction Registry under Part 2, State Construction Registry. See Utah Code 38-1a-102
• Required notice: means :
       (33)(a) a notice of preconstruction service under Section 38-1a-401;
       (33)(b) a preliminary notice under Section 38-1a-501 or Section 38-1b-202;
       (33)(c) a notice of commencement;
       (33)(d) a notice of construction loan under Section 38-1a-601;
       (33)(e) a notice under Section 38-1a-602 concerning a construction loan default;
       (33)(f) a notice of intent to obtain final completion under Section 38-1a-506; or
       (33)(g) a notice of completion under Section 38-1a-507. See Utah Code 38-1a-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Seized property: includes property that the agency seeks to forfeit under Chapter 11b, Forfeiture of Seized Property. See Utah Code 77-11a-101
• Seized property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Sexual assault kit: means the same as that term is defined in Section 53-10-902. See Utah Code 77-11c-101
• 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 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:
       (34)(a) a person other than the owner; or
       (34)(b) the owner, if the owner is an owner-builder. See Utah Code 38-1a-102
• Summons: Another word for subpoena used by the criminal justice system.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• 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
• 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:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. 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.
• Victim: means the same as that term is defined in Section 53-10-902. See Utah Code 77-11c-101
• Violent felony offense: means the same as the term "violent felony" is defined in Section Utah Code 77-11c-101
• Wildlife: means the same as that term is defined in Section 23A-1-101. See Utah Code 77-11c-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5