Terms Used In Utah Code > Title 38 > Chapter 1a > Part 6 - Construction Loans

• 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.
• Competency evaluation: means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial. See Utah Code 77-15-2
• Competent to stand trial: means that a defendant has:
       (2)(a) a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and
       (2)(b) the ability to consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense. See Utah Code 77-15-2
• Construction lender: means a person who makes a construction loan. See Utah Code 38-1a-102
• Construction project: means an improvement that is constructed pursuant to an original contract. See Utah Code 38-1a-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Health and Human Services. See Utah Code 77-15-2
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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
• 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.
• Final lien waiver: means a form that complies with Subsection 38-1a-802(4)(c). See Utah Code 38-1a-102
• Forensic evaluator: means a licensed mental health professional who:
       (4)(a) is not involved in the defendant's treatment;
       (4)(b) is trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation, based on knowledge, experience, or education relating to:

            (4)(b)(i) intellectual functioning or psychopathology; and

            (4)(b)(ii) the legal system and the rights of a defendant in a criminal trial; and
       (4)(c) if under contract with the department, demonstrates ongoing education and training relating to forensic mental health in accordance with rules established by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 77-15-2
• Incompetent to proceed: means that a defendant is not competent to stand trial as a result of:
       (5)(a) mental illness; or
       (5)(b) intellectual disability. See Utah Code 77-15-2
• Intellectual disability: means an intellectual disability as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 77-15-2
• 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.
• Mental illness: means the same as that term is defined in Section 26B-5-301. See Utah Code 77-15-2
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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 :
       (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
• Petition: means a petition to request a court to determine whether a defendant is competent to stand trial. See Utah Code 77-15-2
• 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.
• 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.
• Progress toward competency evaluation: means an evaluation to determine whether an individual who is receiving restoration treatment is:
       (9)(a) competent to stand trial;
       (9)(b) incompetent to proceed but has a substantial probability of becoming competent to stand trial in the foreseeable future; or
       (9)(c) incompetent to proceed and does not have a substantial probability of becoming competent to stand trial in the foreseeable future. See Utah Code 77-15-2
• 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
• Registry: means the State Construction Registry under Part 2, State Construction Registry. See Utah Code 38-1a-102
• Restoration treatment: means training and treatment that is:
       (10)(a) provided to an individual who is incompetent to proceed;
       (10)(b) tailored to the individual's particular impairment to competency; and
       (10)(c) limited to the purpose of restoring the individual to competency. See Utah Code 77-15-2
• 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
• 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.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.