Terms Used In Utah Code > Title 38 > Chapter 9 - Wrongful Lien Act

• 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.
• 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.
• 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.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• 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
• Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• 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.
• Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a special district. See Utah Code 17B-1-102
• Wrongful lien: includes a document recorded in violation of Subsection 10-9a-532(2)(d). See Utah Code 38-9-102