Terms Used In Utah Code > Title 77 > Chapter 10a - Grand Jury Reform

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Agency rule: means the same as the term "rule" is defined in Section 63G-3-101. See Utah Code 36-35-101
• Allegation: something that someone says happened.
• 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.
• 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.
• 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
• Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
• Clerk of the court: means the state court administrator or his designee. See Utah Code 77-10a-1
• Committee: means the Rules Review and General Oversight Committee. See Utah Code 36-35-101
• Compensation: means the payment of money for a service rendered or an expense incurred, whether based on:
       (6)(a) time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or percentage fee, or commission; or
       (6)(b) a combination of the bases listed in Subsection (6)(a). See Utah Code 38-1a-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction lien: means a lien under this chapter for construction work. 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
• Contract: A legal written agreement that becomes binding when signed.
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Court Rule: means any of the following, whether existing, new, or proposed:
       (3)(a) rules of procedure, evidence, or practice for use of the courts of this state;
       (3)(b) rules governing and managing the appellate process adopted by the Supreme Court; or
       (3)(c) rules adopted by the Judicial Council for the administration of the courts of the state. See Utah Code 36-35-101
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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
• Division: means the Division of Professional Licensing created in Section 58-1-103. 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.
• Ex officio: Literally, by virtue of one's office.
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Final completion: means :
       (17)(a) the date of issuance of a permanent certificate of occupancy by the local government entity having jurisdiction over a construction project, if a permanent certificate of occupancy is required;
       (17)(b) the date of the final inspection of construction work by the local government entity having jurisdiction over a construction project, if an inspection is required under a state-adopted building code applicable to the construction work, but no certificate of occupancy is required;
       (17)(c) unless the owner is holding payment to ensure completion of construction work, the date on which there remains no substantial work to be completed to finish the construction work under the original contract, if a certificate of occupancy is not required and a final inspection is not required under an applicable state-adopted building code; or
       (17)(d) the last date on which substantial work was performed under the original contract, if, because the original contract is terminated before completion of the construction work defined by the original contract, the local government entity having jurisdiction over a construction project does not issue a certificate of occupancy or perform a final inspection. See Utah Code 38-1a-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• 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
• 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.
• Interested person: means a person that may be affected by a construction project. See Utah Code 38-1a-102
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Judicial council: means the administrative body of the courts, established in Utah Constitution, Article VIII, Section 12, and Section 78A-2-104. See Utah Code 36-35-101
• 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.
• Juror: A person who is on the jury.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lobbying: means communicating with a public official for the purpose of influencing a legislative action, executive action, local action, or education action. See Utah Code 36-11-102
• Lobbyist: means :
            (19)(a)(i) an individual who is employed by a principal; or
            (19)(a)(ii) an individual who contracts for economic consideration, other than reimbursement for reasonable travel expenses, with a principal to lobby a public official. See Utah Code 36-11-102
• Local government: means :
       (22)(a) a county, city, or town;
       (22)(b) a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts;
       (22)(c) a special service district governed by Title 17D, Chapter 1, Special Service District Act;
       (22)(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;
       (22)(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
       (22)(f) a redevelopment agency; or
       (22)(g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 36-11-102
• Managing judge: means the supervising judge when he retains authority to manage a grand jury, or the district court judge to whom the supervising judge delegates management of a grand jury. See Utah Code 77-10a-1
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• 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
• 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.
• 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-builder: means an owner, including an owner who is also an original contractor, who:
       (27)(a) contracts with one or more other persons for preconstruction service or construction work for an improvement on the owner's real property; and
       (27)(b) obtains a building permit for the improvement. 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
• Presiding officer: means the presiding officer of the Judicial Council. See Utah Code 77-10a-1
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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
• Proposal for court rule: means the proposed language in a court rule that is submitted to:
       (6)(a) the Judicial Council;
       (6)(b) the advisory committee; or
       (6)(c) the Supreme Court. See Utah Code 36-35-101
• Quorum: The number of legislators that must be present to do business.
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Registry: means the State Construction Registry under Part 2, State Construction Registry. See Utah Code 38-1a-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Rule: means an agency rule or a court rule. See Utah Code 36-35-101
• 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: A law passed by a legislature.
• 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
• Subject: means a person whose conduct is within the scope of the grand jury's investigation, and that conduct exposes the person to possible criminal prosecution. See Utah Code 77-10a-1
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Supervising judge: means the district court judge appointed by the presiding officer to supervise the five-judge grand jury panel. See Utah Code 77-10a-1
• Swear: includes "affirm. See Utah Code 68-3-12.5
• Target: means a person regarding whom the attorney for the state, the special prosecutor, or the grand jury has substantial evidence that links that person to the commission of a crime and who could be indicted or charged with that crime. See Utah Code 77-10a-1
• 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.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Venue: The geographical location in which a case is tried.
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
• Witness: means a person who appears before the grand jury either voluntarily or pursuant to subpoena for the purpose of providing testimony or evidence for the grand jury's use in discharging its responsibilities. See Utah Code 77-10a-1
• 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