Terms Used In Arizona Laws > Title 11 > Chapter 1 > Article 3 - Formation of Counties

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Affected county: means each existing county affected by a proposed formation of new counties. See Arizona Laws 11-131
• 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.
• 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.
• Appraisal: A determination of property value.
• 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
• Appropriator: means the person or persons initiating or perfecting the right to use appropriable water based on state law, or the person's successor or successors in interest. See Arizona Laws 45-101
• Arrest: Taking physical custody of a person by lawful authority.
• Assessed valuation: means the net assessed valuation used for purposes of levying primary property taxes for the tax year immediately preceding the filing of the petition for the formation of counties. See Arizona Laws 11-131
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized user: means any person other than a cardholder who has actual, implied or apparent authority to use a cardholder's credit card or credit card account. See Arizona Laws 44-7801
• Beneficial use: includes but is not limited to use for domestic, municipal, recreation, wildlife, including fish, agricultural, mining, stockwatering and power purposes. See Arizona Laws 45-181
• Biological sample: means any material part of a human, discharge from a human or derivative of a human, including tissue, blood, urine or saliva, that is known to contain DNA. See Arizona Laws 44-8001
• Body of water: means a body of water in an active management area established under chapter 2 of this title, including a lake, pond, lagoon or swimming pool, that has a surface area greater than twelve thousand three hundred twenty square feet and that is filled or refilled for landscape, scenic or recreational purposes. See Arizona Laws 45-131
• Booking photograph: means a photograph of a subject individual that is taken pursuant to an arrest or other involvement in the criminal justice system. See Arizona Laws 44-7901
• Cardholder: means the named person who applies for or accepts the credit card account. See Arizona Laws 44-7801
• Charges: means purchases, cash advances, annual membership fees, delinquent payment fees, insufficient fund fees, over limit fees or other amounts incurred through use of the credit card. See Arizona Laws 44-7801
• Commission: means the county formation commission established pursuant to section 11-136. See Arizona Laws 11-131
• company: means an entity that offers genetic testing products or services directly to consumers that involve collecting from a consumer of either genetic data or biological samples and from which the company derives genetic data for analysis. See Arizona Laws 44-8001
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Consumer: means an individual who is a resident of this state. See Arizona Laws 44-8001
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Credit card: means any card, plate or other single credit device that may be used from time to time to obtain credit and shall include a charge card, courtesy card, identification card or account number that may be used to access a line of credit to purchase goods or services. See Arizona Laws 44-7801
• Credit card account: means a line of credit offered by an issuer to a cardholder that is accessible by the use of a credit card. See Arizona Laws 44-7801
• Credit card agreement: means the terms and conditions governing the use of the credit card account. See Arizona Laws 44-7801
• Creditor: means the person, business, financial institution or commercial enterprise that owns the credit card account. See Arizona Laws 44-7801
• Criminal justice record: includes a booking photograph and the name, address and description of and the charges filed against a subject individual. See Arizona Laws 44-7901
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• De-identified data: means data that has been de-identified in accordance with 45 C. See Arizona Laws 44-8001
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of water resources. See Arizona Laws 45-101
• Devise: To gift property by will.
• Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• Effluent: means water that has been collected in a sanitary sewer for subsequent treatment in a facility that is regulated pursuant to Title 49, Chapter 2. See Arizona Laws 45-101
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• Ex officio: Literally, by virtue of one's office.
• Express consent: means a consumer's affirmative response to a clear and prominent notice regarding collecting, using or disclosing genetic data for a specific purpose. See Arizona Laws 44-8001
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fee: means any amount or value automatically deducted from the amount of the gift card due to a period of nonuse or inactivity. See Arizona Laws 44-7401
• Financial institution: means any of the following:

  (a) A banking institution that is authorized to issue credit cards pursuant to federal or state law. See Arizona Laws 44-7801

• Firearm: means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel or that is designed to or may readily be converted to expel a solid projectile by the action of expanding gases. See Arizona Laws 44-7851
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Genetic testing: means any laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes or gene products to determine the presence of a consumer's genetic characteristics. See Arizona Laws 44-8001
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gift card: means any gift certificate, gift card or electronic gift card or any other medium issued or sold after October 31, 2005 for which the issuer has received payment for the full face value or full banked dollar value of the card for the future purchase or delivery of goods or services. See Arizona Laws 44-7401
• Groundwater: means water under the surface of the earth regardless of the geologic structure in which it is standing or moving. See Arizona Laws 45-101
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• Issuer: means any person who issues or proposes to issue any security, except:

  (a) With respect to certificates of deposit, voting-trust certificates, collateral-trust certificates, certificates of interest or shares in an unincorporated investment trust, whether or not of the fixed, restricted management or unit type, issuer means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which such securities are issued. See Arizona Laws 44-1801

• Issuer: means a financial institution or an authorized agent of a financial institution that issues a credit card. See Arizona Laws 44-7801
• 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.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Mugshot website operator: means a person that publishes a criminal justice record on a publicly available internet website for a commercial purpose. See Arizona Laws 44-7901
• New county: means a county which has been approved by the voters at an election on formation held pursuant to section 11-137. See Arizona Laws 11-131
• 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.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, corporation, association, business, business trust or legal representative of an organization. See Arizona Laws 44-8001
• Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
• Person: means a natural person, partnership, association, joint venture, corporation, limited liability company, nonprofit organization or trust or any similar entity or organized group of persons. See Arizona Laws 44-7901
• Person: means any individual, partnership, association, public or private corporation, city or other municipality, county or state agency, a recognized Indian tribe and the United States of America when claiming water rights established under the laws of this state. See Arizona Laws 45-181
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Privately owned land: includes all lands other than federal, Indian, state, county, municipal and other governmental lands which are exempt from taxation under article IX, section 2, Constitution of Arizona. See Arizona Laws 11-131
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Proposed county: means a county proposed by petition pursuant to section 11-133 to be formed from an affected county or counties but before an election on formation is held pursuant to section 11-137. See Arizona Laws 11-131
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Riparian area: means a geographically delineated area with distinct resource values, that is characterized by deep-rooted plant species that depend on having roots in the water table or its capillary zone and that occurs within or adjacent to a natural perennial or intermittent stream channel or within or adjacent to a lake, pond or marsh bed maintained primarily by natural water sources. See Arizona Laws 45-101
• Sanitary sewer: means any pipe or other enclosed conduit that carries, among other substances, any water-carried wastes from the human body from residences, commercial buildings, industrial plants or institutions. See Arizona Laws 45-101
• 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.
• Statute: A law passed by a legislature.
• Subject individual: means an individual who has been arrested. See Arizona Laws 44-7901
• Surface water: means the waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, floodwater, wastewater or surplus water, and of lakes, ponds and springs on the surface. See Arizona Laws 45-101
• Swimming pool: means an artifically constructed pool for swimming purposes that meets the applicable design standards and specifications for swimming pools prescribed by the director of environmental quality pursuant to section 49-104, subsection B, paragraph 12. See Arizona Laws 45-131
• 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.
• 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.
• Transfer: means when a person gives, loans, offers for sale, wills or in any manner offers another person a firearm for any lawful purpose and the person is not a prohibited possessor under state or federal law. See Arizona Laws 44-7851
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• water: means waters of all sources flowing in streams, canyons, ravines or other natural channels or in definite underground channels, whether perennial or intermittent, flood, waste or surplus water, and of lakes, ponds and springs on the surface. See Arizona Laws 45-181
• Writing: includes printing. See Arizona Laws 1-215