Sections
Article 1 Boundaries and County Seats 11-101 – 11-117
Article 2 Boundary Disputes 11-121 – 11-123
Article 3 Formation of Counties 11-131 – 11-145
Article 4 Change of County Seat 11-171 – 11-178

Terms Used In Arizona Laws > Title 11 > Chapter 1

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affected county: means each existing county affected by a proposed formation of new counties. See Arizona Laws 11-131
  • 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.
  • Allegation: something that someone says happened.
  • 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
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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.
  • Appraisal: A determination of property value.
  • 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
  • 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.
  • Blind pool offering: means an offering in which either:

    (a) The offering materials do not describe specific operational plans. See Arizona Laws 44-1801

  • Business of shopping cart retrieval: means searching for, gathering and restoring possession to the owner or the owner's agent, for compensation or in expectation of compensation, of shopping carts located outside the premises or parking area of a retail establishment. See Arizona Laws 44-1799.31
  • buyer: means a person who buys goods or services from a retail seller. See Arizona Laws 44-6001
  • Candling: means the visual examination of eggs to establish their quality by the use of transmitted light to determine the cleanliness and soundness of the shell, the size and condition of the aircell and the condition of the yolk, white and germ. See Arizona Laws 3-701
  • Carton: means an egg carton as used in commercial practice in the United States. See Arizona Laws 3-701
  • Case: means a standard thirty-dozen egg case as used in commercial practice in the United States. See Arizona Laws 3-701
  • Cash sale price: means the price stated in a retail installment contract or other memorandum furnished by a retail seller to a retail buyer in connection with a retail charge account agreement, for which the seller would have sold and the buyer would have bought the goods or services which are the subject matter of a retail installment transaction, if the sale had been a sale for cash. See Arizona Laws 44-6001
  • Closed-end company: means any management company other than an open-end company or unit investment trust. See Arizona Laws 44-3101
  • Commission: means the Arizona corporation commission. See Arizona Laws 44-1801
  • Commission: means the county formation commission established pursuant to section 11-136. See Arizona Laws 11-131
  • Commodity exchange act: means the act of Congress known as the commodity exchange act (7 United States Code, chapter 1). See Arizona Laws 44-1801
  • Commodity futures trading commission: means the independent regulatory agency established by Congress to administer the commodity exchange act. See Arizona Laws 44-1801
  • Commodity investment contract: means any account, agreement or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract or otherwise. See Arizona Laws 44-1801
  • Commodity option: means any account, agreement or contract giving a party to the account, agreement or contract the right but not the obligation to purchase or sell one or more commodities or one or more commodity investment contracts, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty or otherwise. See Arizona Laws 44-1801
  • 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.
  • Consumer: means a person who buys eggs for use as food and not for resale in any form. See Arizona Laws 3-701
  • Container: means any box, one-half case, basket, flat or other receptacle, excluding a carton and a case. See Arizona Laws 3-701
  • Continuance: Putting off of a hearing ot trial until a later time.
  • CRD system: means the central registration depository system of the national association of securities dealers, incorporated. See Arizona Laws 44-1801
  • Crowdfunding: means the practice of funding a project or venture by raising many small amounts of money from a large number of people. See Arizona Laws 44-1801
  • Dealer: means any person who contracts for or obtains from the producer, or any producer-dealer, dealer or manufacturer, possession or control of any eggs or egg products for the purpose of candling, grading, selling, peddling, distributing, dealing in or trading in eggs or egg products for resale to an egg dealer within this state, producer-dealer, manufacturer, retailer or consumer for human consumption within this state. See Arizona Laws 3-701
  • Deceptive: means any arrangement of the contents of any case, container, subcontainer, lot, load or display in which the eggs in the outer layer or in any portion exposed to view are in grade, size, condition or any other respect so superior to those in the interior or unexposed portion as to materially misrepresent the contents or any part of the contents as to size, grade, condition or any other respects. See Arizona Laws 3-701
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Arizona department of agriculture. See Arizona Laws 3-101
  • 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.
  • Depository institution: means a bank, savings and loan association or trust company whose business is supervised and regulated by an agency of this state or the United States, or an employee, as defined in title 10, chapter 1, of any such bank, savings and loan association or trust company while acting within the scope of the employee's employment. See Arizona Laws 44-3101
  • Devise: To gift property by will.
  • Direct primary care agreement: means a contract between a primary care provider and an individual patient or the patient's legal representative in which the primary care provider agrees to provide primary care services to the individual patient for an agreed periodic fee and period of time. See Arizona Laws 44-1799.91
  • Direct primary care patient: means a patient who enters into a direct primary care agreement with a primary care provider. See Arizona Laws 44-1799.91
  • Direct primary care provider: means a primary care provider who enters into a direct primary care agreement with a patient or the patient's legal representative. See Arizona Laws 44-1799.91
  • Director: means the director of the securities division of the commission. See Arizona Laws 44-1801
  • Director: means the director of the department. See Arizona Laws 3-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the securities division of the commission. See Arizona Laws 44-1801
  • Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-701
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Eggs: means eggs that are in the shell and that are from chickens, turkeys, ducks, geese or any other species of fowl. See Arizona Laws 3-701
  • 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
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal covered adviser: means an investment adviser registered under the investment advisers act of 1940. See Arizona Laws 44-3101
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Finance charge: means the amount payable by the buyer for the privilege of purchasing goods or services under a retail installment transaction. See Arizona Laws 44-6001
  • Goods: means all tangible chattels, except motor vehicles, money, things in action or intangible personal property other than merchandise certificates or coupons as described in this chapter. See Arizona Laws 44-6001
  • Grade: means classified as to quality and applies to a dozen, case, lot or load of eggs. See Arizona Laws 3-701
  • Holder: means :

    (a) The retail seller of goods or services under a retail installment contract or retail charge account agreement. See Arizona Laws 44-6001

  • Home solicitation sale: means a sale of goods or services in which the seller or his representative personally solicits the sale and the buyer's agreement or offer to purchase is made at a home other than that of the person soliciting the same and that agreement or offer to purchase is there given to the seller or his representative and all or any part of the purchase price is payable in installments, or a debt incurred for payment of the purchase price is payable in installments. See Arizona Laws 44-5001
  • IARD: means the investment adviser registration depository operated by the national association of securities dealers. See Arizona Laws 44-3101
  • illegal act: means an act or omission that violates any law or any rule having the force of law. See Arizona Laws 44-2121
  • 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.
  • Inhabitant: means a resident of a city, town, village, district, county or precinct. See Arizona Laws 1-215
  • Inspector: means an egg inspector who is appointed or assigned pursuant to section 3-709. See Arizona Laws 3-701
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Investment adviser: means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. See Arizona Laws 44-3101
  • Investment adviser representative: means any partner, officer or director of an investment adviser, any individual who occupies a status or performs functions similar to a partner, officer or director of an investment adviser or any other individual who is employed by or associated with an investment adviser, except clerical or ministerial personnel, and who does any of the following:

    (a) Makes any recommendations or otherwise renders advice regarding securities. See Arizona Laws 44-3101

  • Investment company: means any company that is registered under the investment company act of 1940. See Arizona Laws 44-3101
  • 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

  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Licensed investment adviser: means an investment adviser licensed under this chapter. See Arizona Laws 44-3101
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacturer: means a person that is engaged in the business of operating or controlling the operation of one or more breaking plants producing liquid eggs, dried eggs, frozen eggs or other egg products for human consumption. See Arizona Laws 3-701
  • Marked: means plainly, legibly and conspicuously labeled, stamped, stenciled, printed, typed, lettered or branded. See Arizona Laws 3-701
  • Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. Source: Federal Reserve
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • 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.
  • offer for sale: means an attempt or offer to dispose of, or solicitation of an order or offer to buy, a security or interest in a security for value or any sale or offer for sale of a warrant or right to subscribe to another security of the same issuer or of another issuer. See Arizona Laws 44-1801
  • Official fees: means :

    (a) The amount of the fees prescribed by law for filing, recording or otherwise perfecting and releasing or satisfying a retained title, lien or other security interest created by a retail installment transaction. See Arizona Laws 44-6001

  • Open-end company: means a management company that is offering for sale or has outstanding any redeemable security of which it is the issuer. See Arizona Laws 44-3101
  • Parking area: means a parking lot or other property provided by a retailer for use by a customer for parking any automobile or other vehicle. See Arizona Laws 44-1799.31
  • 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 officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 44-5001
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • 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: includes an individual, household, firm, corporation, company or association. See Arizona Laws 3-701
  • Person: means an individual, partnership, corporation, association, or any other entity of whatever kind or nature. See Arizona Laws 44-1691
  • Pet store: means a commercial establishment that engages in a for-profit business of selling at retail cats, dogs or other animals, but does not include commercial livestock operations and commercial livestock auction markets. See Arizona Laws 44-1799
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Precious metal: means the following in either coin, bullion or other form:

    (a) Silver. See Arizona Laws 44-1801

  • Primary care services: means routine, periodic health care procedures that are ordered and supervised by a primary care provider, including medical visits, laboratory testing, imaging, pathology testing, prescribing and administering medication, diagnosing, treating and managing acute and chronic conditions and other health care procedures provided to patients on a routine, periodic basis that may be performed or supervised by a primary care provider with training and experience in that procedure, or dental services that may be performed or supervised by a dentist who is licensed pursuant to title 32, chapter 11. See Arizona Laws 44-1799.91
  • Principal balance: means the cash sale price of the goods or services which are the subject matter of a retail installment contract plus any amounts included, if a separate identified charge is made and stated in the contract, for insurance and official fees, less the amount of the buyer's down payment in money or goods, or both. See Arizona Laws 44-6001
  • 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
  • Producer: means a person that is engaged in the business of operating or controlling the operation of one or more ranches producing eggs within this state. See Arizona Laws 3-701
  • Producer-dealer: means a person that is engaged in the business of operating or controlling the operation of one or more egg ranches producing eggs within the state, and that, while in possession or control of any additional eggs other than the person's own production, candles, grades, sells, peddles, distributes, deals in or trades in eggs for resale to dealers, producer-dealers, manufacturers or retailers. See Arizona Laws 3-701
  • 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
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Purchaser: means a person who purchases any cat or dog without intent to resell. See Arizona Laws 44-1799
  • Quality: means the inherent properties of any product that determine its relative degree of excellence. See Arizona Laws 3-701
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property investment contract: means a contract for the sale or purchase of a promissory note secured directly or collaterally by a mortgage, deed of trust or other lien on real property, including a contract as defined in section 33-741, or any agreement, arrangement or understanding in connection with such note, lien or contract in which a person agrees, implies to do or does any of the following, whether or not the investor is aware that any of the following actions are contemplated or taken:

    (a) Guarantee the note, lien or contract against loss at any time. See Arizona Laws 44-1801

  • Registered dealer: means a dealer registered under this chapter. See Arizona Laws 44-1801
  • Registered mail: includes certified mail. See Arizona Laws 1-215
  • Registered salesman: means a salesman registered under this chapter. See Arizona Laws 44-1801
  • 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).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Retail charge account agreement: means an arrangement prescribing the terms of retail installment transactions which may be made from time to time in which a retail buyer purchases goods or services and in which a finance charge or delinquency charge may be computed in relation to the buyer's balance in the account. See Arizona Laws 44-6001
  • Retail installment contract: means an arrangement for a retail installment transaction except a retail charge account agreement or memorandum reflecting a sale made pursuant to such agreement. See Arizona Laws 44-6001
  • Retail installment transaction: means any transaction in which a retail buyer purchases goods or services, excluding services purchased in connection with a lease, from a retail seller pursuant to a retail installment contract or a retail charge account agreement and under which the buyer agrees to pay for the goods and services in more than four installments or for which the payment of a finance charge may be required. See Arizona Laws 44-6001
  • Retailer: means a person that buys candled and graded eggs or egg products from a producer, licensed manufacturer, licensed producer-dealer or licensed dealer for resale to a consumer only, or that buys egg products to use in the preparation of other consumer foods for resale. See Arizona Laws 3-701
  • Salesman: means an individual, other than a dealer, employed, appointed or authorized by a dealer to sell securities in this state. See Arizona Laws 44-1801
  • SEC: means the United States securities and exchange commission. See Arizona Laws 44-1801
  • sell: means a sale or any other disposition of a security or interest in a security for value and includes a contract to make such sale or disposition. See Arizona Laws 44-1801
  • seller: means a person regularly and principally engaged in the business of selling goods or services to retail buyers. See Arizona Laws 44-6001
  • Service of process: The service of writs or summonses to the appropriate party.
  • Services: means work, labor, or services of any kind. See Arizona Laws 44-6001
  • Shopping cart: means a basket that is mounted on wheels or a similar device that is generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. See Arizona Laws 44-1799.31
  • Size: means classified as to weight. See Arizona Laws 3-701
  • SRO: means any national securities or commodities exchange, registered association or registered clearing agency. See Arizona Laws 44-1801
  • Standard: means the quality specifications for a single egg. See Arizona Laws 3-701
  • Subcontainer: means a container that is used within another container. See Arizona Laws 3-701
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Supervisor: means the supervisor of egg inspection or the supervisor's authorized representative. See Arizona Laws 3-701
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • Underwriter: means a person who has acquired from an issuer with a view to, or sells for an issuer in connection with, the distribution of any securities or participates or has a direct or indirect participation in such undertaking, or participates or has a participation in the direct or indirect underwriting of such undertaking. See Arizona Laws 44-1801
  • Unit investment trust: means an investment company that is organized under a trust indenture, contract of custodianship or agency or similar instrument, that does not have a board of directors and that issues only redeemable securities, each of which represents an undivided interest in a unit of specified securities, but does not include a voting trust. See Arizona Laws 44-3101
  • Verdict: The decision of a petit jury or a judge.
  • Viatical or life settlement investment contract: means an agreement for consideration for the purchase, assignment, transfer, sale, devise or bequest of any portion of the death benefit under or ownership of either an insurance policy or certificate of insurance. See Arizona Laws 44-1801
  • Virtual coin: means a digital representation of value that can be digitally traded and that functions as a medium of exchange, unit of account and store of value. See Arizona Laws 44-1801
  • Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215