Sections
Article 1 Attachment 09.40.010 – 09.40.110
Article 2 Civil Arrest 09.40.120 – 09.40.220
Article 3 Injunction 09.40.230 – 09.40.235
Article 4 Receivers 09.40.240 – 09.40.250
Article 5 Recovery of Personal Property 09.40.260 – 09.40.310

Terms Used In Alaska Statutes > Chapter 40 - Provisional Remedies

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • advance health care directive: means an individual instruction or a durable power of attorney for health care. See Alaska Statutes 13.52.390
  • 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.
  • agent: means an individual designated in a durable power of attorney for health care to make a health care decision for the individual granting the power. See Alaska Statutes 13.52.390
  • 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.
  • anatomical gift: means a donation of all or a part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Alaska Statutes 13.52.390
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • artificial nutrition and hydration: means medically appropriate nutrition and hydration delivered

    (A) through an intravenous needle placed directly in a vein. See Alaska Statutes 13.52.390

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • available: means , when referring to a person, that the

    (A) person's existence is known. See Alaska Statutes 13.52.390

  • 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.
  • best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from that treatment after assessing

    (A) the effect of the treatment on the physical, emotional, and cognitive functions of the patient. See Alaska Statutes 13.52.390

  • cardiopulmonary resuscitation: means an attempt to restore spontaneous circulation. See Alaska Statutes 13.52.390
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • competent: means that an individual has the capacity

    (A) to assimilate relevant facts and to appreciate and understand the individual's situation with regard to those facts. See Alaska Statutes 13.52.390

  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • 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 Social Services. See Alaska Statutes 13.52.390
  • department: means the Department of Commerce, Community, and Economic Development. See Alaska Statutes 06.20.900
  • department: means the Department of Health and Social Services. See Alaska Statutes 13.55.100
  • do not resuscitate identification: means an identification card, form, necklace, or bracelet that carries the standardized design or symbol developed by the department under AS 13. See Alaska Statutes 13.52.390
  • do not resuscitate order: means a directive from a licensed physician that emergency cardiopulmonary resuscitation should not be administered to a qualified patient. See Alaska Statutes 13.52.390
  • Donor: The person who makes a gift.
  • durable power of attorney for health care: means a power of attorney that remains in effect when the principal lacks capacity. See Alaska Statutes 13.52.390
  • emancipated minor: means a minor whose disabilities have been removed for general purposes under AS 09. See Alaska Statutes 13.55.100
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • generally accepted health care standards: includes the protocol for do not resuscitate orders that is adopted under AS 13. See Alaska Statutes 13.52.390
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • guardian: means a judicially appointed person having authority to make a health care decision for an individual. See Alaska Statutes 13.52.390
  • 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.
  • health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Alaska Statutes 13.52.390
  • health care decision: means a decision made by an individual or the individual's agent, guardian, or surrogate regarding the individual's health care, including

    (A) selection and discharge of health care providers and institutions. See Alaska Statutes 13.52.390

  • health care facility: means a nursing home, a rehabilitation center, a long-term care facility, and any other health care institution that administers health care and that provides overnight stays in the ordinary course of the facility's business. See Alaska Statutes 13.52.390
  • health care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Alaska Statutes 13.52.390
  • health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Alaska Statutes 13.52.390
  • health care provider: has the meaning given in AS 09. See Alaska Statutes 13.55.100
  • hospital: means a facility

    (A) licensed, accredited, or approved as a hospital under the laws of this state. See Alaska Statutes 13.52.390

  • hospital: has the meaning given in AS 13. See Alaska Statutes 13.55.100
  • individual instruction: means an individual's direction concerning a health care decision for the individual. See Alaska Statutes 13.52.390
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • life-sustaining procedures: means any medical treatment, procedure, or intervention that, in the judgment of the primary physician, when applied to a patient with a qualifying condition, would not be effective to remove the qualifying condition, would serve only to prolong the dying process, or, when administered to a patient with a condition of permanent unconsciousness, may keep the patient alive but is not expected to restore consciousness. See Alaska Statutes 13.52.390
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • mental health facility: has the meaning given to "designated treatment facility" in AS 47. See Alaska Statutes 13.52.390
  • mental health treatment: means electroconvulsive treatment, treatment with psychotropic medication, or admission to and retention in a health care institution for mental health treatment. See Alaska Statutes 13.52.390
  • minor: means an individual under 18 years of age who is not an emancipated minor. See Alaska Statutes 13.55.100
  • month: means a calendar month unless otherwise expressed. See Alaska Statutes 01.10.060
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • 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.
  • open-end loan: means a loan made by a licensee under this chapter under an agreement between the licensee and a borrower which provides that

    (A) the borrower may obtain advances of money from the licensee from time to time or the licensee may advance money on behalf of the borrower from time to time as directed by the borrower. See Alaska Statutes 06.20.900

  • opioid: includes the opium and opiate substances and opium and opiate derivatives listed in AS 11. See Alaska Statutes 13.55.100
  • opioid overdose drug: has the meaning given in AS 09. See Alaska Statutes 13.55.100
  • part: means an organ, tissue, or an eye of a human being, except fetal tissue. See Alaska Statutes 13.52.390
  • 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.
  • peace officer: means

    (A) an officer of the state troopers. See Alaska Statutes 01.10.060

  • permanent unconsciousness: means a condition

    (A) that, to a high degree of medical certainty, will last permanently without improvement. See Alaska Statutes 13.52.390

  • person: means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision, governmental agency, or another legal or commercial entity. See Alaska Statutes 13.52.390
  • personal property: includes money, goods, chattels, things in action, and evidences of debt. See Alaska Statutes 01.10.060
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • power of attorney: means the designation of an agent to make health care decisions for the individual granting the power. See Alaska Statutes 13.52.390
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • primary physician: means a physician designated by an individual, or by the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. See Alaska Statutes 13.52.390
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • qualified patient: means a patient with a qualifying condition who is eligible for do not resuscitate identification. See Alaska Statutes 13.52.390
  • qualifying condition: means a terminal condition or permanent unconsciousness in a patient. See Alaska Statutes 13.52.390
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • reasonably available: means available using a level of diligence appropriate to the seriousness and urgency of an individual's health care needs. See Alaska Statutes 13.52.390
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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.
  • state: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Alaska Statutes 13.52.390
  • Summons: Another word for subpoena used by the criminal justice system.
  • surrogate: means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health care decision for the patient. See Alaska Statutes 13.52.390
  • terminal condition: means an incurable or irreversible illness or injury

    (A) that without administration of life-sustaining procedures will result in death in a short period of time. See Alaska Statutes 13.52.390

  • 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.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writing: includes printing. See Alaska Statutes 01.10.060