Terms Used In Nevada Revised Statutes > Chapter 172 - Proceedings After Commitment and Before Indictment

• Administrative officer: means a person with overall executive and administrative responsibility for those state or nonstate intellectual and developmental disability centers designated by the Administrator. See Nevada Revised Statutes 435.007
• Administrator: means the Administrator of the Division. See Nevada Revised Statutes 435.007
• Annual sale of livestock: means any sale of livestock:

  (a) To which any member of the public may consign livestock for sale or exchange through public bidding at the sale of the livestock; and

  (b) Which is conducted for not more than 2 consecutive days during a calendar year. See Nevada Revised Statutes 573.010

• 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
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• 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.
• 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.
• Bequest: Property gifted by will.
• Chambers: A judge's office.
• Consignor: means any person consigning, shipping or delivering livestock to a public livestock auction for sale, resale or exchange. See Nevada Revised Statutes 573.010
• Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is a natural person and who takes under the lease primarily for a personal, family or household purpose. See Nevada Revised Statutes 104A.2103
• 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.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the State Department of Agriculture. See Nevada Revised Statutes 573.010
• Department: means the Department of Health and Human Services. See Nevada Revised Statutes 435.007
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Developmental disability: means autism, cerebral palsy, epilepsy or any other neurological condition diagnosed by a qualified professional that:

  (a) Is manifested before the person affected attains the age of 22 years;

  (b) Is likely to continue indefinitely;

  (c) Results in substantial functional limitations, as measured by a qualified professional, in three or more of the following areas of major life activity:

  (1) Taking care of oneself;

  (2) Understanding and use of language;

  (3) Learning;

  (4) Mobility;

  (5) Self-direction; and

  (6) Capacity for independent living; and

  (d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other assistance that is lifelong or has an extended duration. See Nevada Revised Statutes 435.007

• Director: means the Director of the Department. See Nevada Revised Statutes 573.010
• Division: means the Aging and Disability Services Division of the Department. See Nevada Revised Statutes 435.007
• Division facility: means any unit or subunit operated by the Division for the care, treatment and training of consumers. See Nevada Revised Statutes 435.007
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Fault: means wrongful act, omission, breach or default. See Nevada Revised Statutes 104A.2103
• Finance lease: means a lease with respect to which:

  (1) The lessor does not select, manufacture or supply the goods;

  (2) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

  (3) One of the following occurs:

  (I) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

  (II) The lessee"s approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

  (III) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

  (IV) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, that the lessee is entitled under this Article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Nevada Revised Statutes 104A.2103

• 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.
• Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (NRS 104A. See Nevada Revised Statutes 104A.2103
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• 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.
• 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.
• Intellectual disability: means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See Nevada Revised Statutes 435.007
• Juror: A person who is on the jury.
• Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Nevada Revised Statutes 104A.2103
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Article. See Nevada Revised Statutes 104A.2103
• Lease contract: means the total legal obligation that results from the lease agreement as affected by this Article and any other applicable rules of law. See Nevada Revised Statutes 104A.2103
• Lessee: means a person who acquires the right to possession and use of goods under a lease. See Nevada Revised Statutes 104A.2103
• Lessor: means a person who transfers the right to possession and use of goods under a lease. See Nevada Revised Statutes 104A.2103
• Livestock: means :

  (a) Cattle, sheep, goats, horses, mules, asses, burros, swine or poultry; and

  (b) Alternative livestock as defined in NRS 501. See Nevada Revised Statutes 573.010

• 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.
• Person: includes a child and any other consumer with an intellectual disability and a child or any other consumer with a developmental disability who has attained the age of 18 years. See Nevada Revised Statutes 435.007
• Personal property: All property that is not real property.
• physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Public livestock auction: means any sale or exchange of livestock held by any person at an established place of business or premises where the livestock is assembled for sale or exchange, and is exchanged or sold at auction or upon a commission basis at regular or irregular intervals. See Nevada Revised Statutes 573.010
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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).
• 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.
• Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See Nevada Revised Statutes 104A.2103
• Subpoena: A command to a witness to appear and give testimony.
• substantial bodily harm: means :

  1. See Nevada Revised Statutes 0.060

• Summons: Another word for subpoena used by the criminal justice system.
• Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Nevada Revised Statutes 104A.2103
• Training: means a program of services directed primarily toward enhancing the health, welfare and development of persons with intellectual disabilities or persons with developmental disabilities through the process of providing those experiences that will enable the person to:

  (a) Develop his or her physical, intellectual, social and emotional capacities to the fullest extent;

  (b) Live in an environment that is conducive to personal dignity; and

  (c) Continue development of those skills, habits and attitudes essential to adaptation in contemporary society. See Nevada Revised Statutes 435.007

• 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.
• Treatment: means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility. See Nevada Revised Statutes 435.007
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.