Terms Used In Utah Code > Title 38 > Chapter 11 > Part 2 - Residence Lien Recovery Fund

• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• 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.
• 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.
• Bail: means pretrial release. See Utah Code 77-20-102
• Bail bond: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102
• 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.
• 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}
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• County jail official: means a county sheriff or the county sheriff's designee. See Utah Code 77-20-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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.
• Financial condition: means any monetary condition that is imposed to secure an individual's pretrial release. See Utah Code 77-20-102
• Forfeiture: means :
       (8)(a) to divest an individual or surety from a right to the repayment of monetary bail; or
       (8)(b) to enforce a pledge of assets or real or personal property from an individual or surety used to secure an individual's pretrial release. See Utah Code 77-20-102
• 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
• incompetent to be executed: means that, due to mental condition, an inmate is unaware of either the punishment he is about to suffer or why he is to suffer it. See Utah Code 77-19-201
• 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 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}
• 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.
• Magistrate: means the same as that term is defined in Section 77-1-3. See Utah Code 77-20-102
• Material change in circumstances: includes :
            (10)(a)(i) an unreasonable delay in prosecution that is not attributable to the defendant;
            (10)(a)(ii) a material change in the risk that an individual poses to a victim, a witness, or the public if released due to the passage of time or any other relevant factor;
            (10)(a)(iii) a material change in the conditions of release or the services that are reasonably available to the defendant if released;
            (10)(a)(iv) a willful or repeated failure by the defendant to appear at required court appearances; or
            (10)(a)(v) any other material change related to the defendant's risk of flight or danger to any other individual or to the community if released. See Utah Code 77-20-102
• Monetary bail: means a financial condition. See Utah Code 77-20-102
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Own recognizance: means the release of an individual without any condition of release other than the individual's promise to:
       (12)(a) appear for all required court proceedings; and
       (12)(b) not commit any criminal offense. See Utah Code 77-20-102
• 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
• 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.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Pretrial detention hearing: means a hearing described in Section 77-20-206. See Utah Code 77-20-102
• Pretrial release: means the release of an individual from law enforcement custody during the time the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102
• Pretrial risk assessment: means an objective, research-based, validated assessment tool that measures an individual's risk of flight and risk of anticipated criminal conduct while on pretrial release. See Utah Code 77-20-102
• Pretrial services program: means a program that is established to:
       (16)(a) gather information on individuals booked into a jail facility;
       (16)(b) conduct pretrial risk assessments; and
       (16)(c) supervise individuals granted pretrial release. See Utah Code 77-20-102
• Pretrial status order: means an order issued by a magistrate or judge that:
       (17)(a) releases the individual on the individual's own recognizance while the individual awaits trial or other resolution of criminal charges;
       (17)(b) sets the terms and conditions of the individual's pretrial release while the individual awaits trial or other resolution of criminal charges; or
       (17)(c) denies pretrial release and orders that the individual be detained while the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102
• 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.
• 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
• 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.
• 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.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Surety: means a surety insurer or a bail bond agency. See Utah Code 77-20-102
• Surety insurer: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102
• Temporary pretrial status order: means an order issued by a magistrate that:
       (21)(a) releases the individual on the individual's own recognizance until a pretrial status order is issued;
       (21)(b) sets the terms and conditions of the individual's pretrial release until a pretrial status order is issued; or
       (21)(c) denies pretrial release and orders that the individual be detained until a pretrial status order is issued. See Utah Code 77-20-102
• Testify: Answer questions in court.
• Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unsecured bond: means an individual's promise to pay a financial condition if the individual fails to appear for any required court appearance. See Utah Code 77-20-102
• Verdict: The decision of a petit jury or a judge.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• 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