§ 3-231 Definitions
§ 3-232 Enforcement of article
§ 3-233 Powers and duties; fees; penalty
§ 3-234 Seed law trust fund
§ 3-235 Seed dealer and labeler licenses; fee; exception
§ 3-236 Retention of invoices and records
§ 3-237 Label requirements; rules
§ 3-238 Cease and desist order; appeal
§ 3-239 Seizure and disposition of noncomplying seed
§ 3-240 Prosecutions; classification; publication of results; injunction
§ 3-241 Exemptions; exceptions
§ 3-242 Violations; civil penalties
§ 3-243 Seed labeling regulation; state preemption

Terms Used In Arizona Laws > Title 3 > Chapter 2 > Article 2

  • Account: means withdrawable capital deposited with or invested in an association in accordance with any plan authorized by the provisions of this chapter unless such term is otherwise designated or qualified. See Arizona Laws 6-401
  • Accused: means a person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial. See Arizona Laws 6-326
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Act: means a bodily movement. See Arizona Laws 3-1703
  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • 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.
  • Aggregate withdrawal value: means the sum of all payments made on all accounts of the association, all dividends and bonuses credited or allocated to such accounts and all dividends credited to "divided profits" for subsequent crediting to accounts upon maturity, less all withdrawals, retirements and other proper deductions from accounts and all unpaid charges on the accounts. See Arizona Laws 6-401
  • Allegation: something that someone says happened.
  • 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.
  • 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.
  • Appellate proceeding: means any contested matter before the state court of appeals, the state supreme court, a federal court of appeals or the United States supreme court. See Arizona Laws 6-326
  • Appraisal: A determination of property value.
  • Armed nuclear security guard: means a security guard who works at a commercial nuclear generating station, who is employed as part of the security plan approved by the nuclear regulatory commission and who meets the requirements mandated by the nuclear regulatory commission for carrying a firearm. See Arizona Laws 6-436
  • Arrest: means the actual custodial restraint of a person or the person's submission to custody. See Arizona Laws 6-326
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means every association to which this chapter applies as defined in the section concerning scope of chapter. See Arizona Laws 6-401
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney for the state: means an attorney designated by the attorney general, by a county attorney or by a city attorney to investigate, commence and prosecute an action under this chapter. See Arizona Laws 6-237
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
  • Banking office: means any place of business of the bank at which deposits are received, checks are paid or money is loaned but does not include the premises used for computer operations, proofing, record keeping, accounting, storage, maintenance or other administrative or service functions. See Arizona Laws 6-101
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 3-1703
  • Branch: means any banking office other than the principal banking office. See Arizona Laws 6-101
  • Capital: means the aggregate primary capital and secondary capital. See Arizona Laws 6-351
  • Cease and desist order: means an administrative order provided by law restraining the sale, use, disposition and movement of a definite amount of seed. See Arizona Laws 3-231
  • Chambers: A judge's office.
  • Chop shop: means any building, lot or other premises in which one or more persons alters, destroys, disassembles, dismantles, reassembles or stores at least one motor vehicle or watercraft or two or more motor vehicle or watercraft parts from at least one vehicle or watercraft that the person or persons knows were obtained by theft, fraud or conspiracy to defraud with the intent to:

    (a) Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate or remove the identity of the motor vehicles or motor vehicle parts, including the vehicle identification number for the purpose of misrepresenting or preventing the identification of the motor vehicles or motor vehicle parts. See Arizona Laws 6-430

  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Clinical liaison: means a mental health expert or any other individual who has experience and training in mental health or developmental disabilities and who is qualified and appointed by the court to aid in coordinating the treatment or training of individuals who are found incompetent to stand trial. See Arizona Laws 6-412
  • Cloned cellular or wireless telephone: means a cellular or wireless telephone in which the manufacturer's electronic serial number has been altered. See Arizona Laws 6-434
  • Cloning paraphernalia: means the materials that are necessary to create a cloned cellular or wireless telephone and includes scanners to intercept electronic serial numbers, cellular telephones and mobile identification numbers, wireless telephones, cables, chips, burners, software and the computers containing the software to program a cloned cellular or wireless telephone's microchip with a false electronic serial number and mobile identification number combination and lists of electronic serial number and mobile identification number combinations. See Arizona Laws 6-434
  • Commercial nuclear generating station: means an electric power generating facility that is owned by a public service corporation, a municipal corporation or a consortium of public service corporations or municipal corporations and that produces electricity by means of a nuclear reactor and includes the property on which the facility is located. See Arizona Laws 6-436
  • Commercially reasonable: means a sale or disposal that would be commercially reasonable under title 47, chapter 9, article 6. See Arizona Laws 6-237
  • 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.
  • Community: means a city, incorporated town, unincorporated town, community or village. See Arizona Laws 6-401
  • Community supervision: means that portion of a felony sentence that is imposed by the court pursuant to section 13-603, subsection I and that is served in the community after completing a period of imprisonment or served in prison in accordance with section 41-1604. See Arizona Laws 3-1703
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 3-1703
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means direct or indirect ownership of or power to vote fifteen per cent or more of the outstanding voting shares of an in-state financial institution or to control in any manner the election of a majority of the directors of an in-state financial institution. See Arizona Laws 6-321
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Court: means all state, county and municipal courts in this state. See Arizona Laws 6-326
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Crime: means a misdemeanor or a felony. See Arizona Laws 3-1703
  • Crime victim advocate: means a person who is employed or authorized by a public or private entity to provide counseling, treatment or other supportive assistance to crime victims. See Arizona Laws 6-326
  • Criminal offense: means conduct that gives a peace officer or prosecutor probable cause to believe that a felony, a misdemeanor, a petty offense or a violation of a local criminal ordinance has occurred. See Arizona Laws 6-326
  • Criminal proceeding: means any hearing, argument or other matter that is scheduled by and held before a trial court but does not include any deposition, lineup, grand jury proceeding or other matter that is not held in the presence of the court. See Arizona Laws 6-326
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Custodial agency: means any law enforcement officer or agency, a sheriff or municipal jailer, the state department of corrections or a secure mental health facility that has custody of a person who is arrested or in custody for a criminal offense. See Arizona Laws 6-326
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. See Arizona Laws 3-1703
  • De novo entry: means a newly established bank or savings and loan association which is not created through the acquisition of or merger with an in-state financial institution and control is through an out-of-state financial institution. See Arizona Laws 6-321
  • Deadly physical force: means force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury. See Arizona Laws 3-1703
  • Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 3-1703
  • Dealer: means any person who sells seed. See Arizona Laws 3-231
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means a person or entity that is formally charged by complaint, indictment or information of committing a criminal offense. See Arizona Laws 6-326
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means the Arizona department of agriculture. See Arizona Laws 3-101
  • Department: means the department of financial institutions. See Arizona Laws 6-101
  • 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.
  • 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.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the environmental services division of the Arizona department of agriculture. See Arizona Laws 3-231
  • Docket: A log containing brief entries of court proceedings.
  • Economic loss: means any loss incurred by a person as a result of the commission of an offense. See Arizona Laws 3-1703
  • Electronic serial number: means the unique numerical algorithm that the manufacturer programs into the microchip of each wireless telephone. See Arizona Laws 6-434
  • Entering or remaining unlawfully: means an act by a person who enters or remains in or on a commercial nuclear generating station or a structure or fenced yard of a commercial nuclear generating station if that person's intent for entering or remaining is not licensed, authorized or otherwise privileged. See Arizona Laws 6-436
  • Entering or remaining unlawfully: means an act by a person who enters or remains in or on a military reservation or facility or a structure or fenced yard of a military reservation or facility if that person's intent for entering or remaining is not authorized or otherwise privileged. See Arizona Laws 6-440
  • Enterprise: includes any corporation, association, labor union or other legal entity. See Arizona Laws 3-1703
  • 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
  • escape: means :

    (i) A departure from custody or from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility in which the person is held or detained, with knowledge that the departure is not permitted, or the failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period. See Arizona Laws 3-1703

  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • 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 association: means a savings and loan association or savings association operating under the laws and regulations of the United States. See Arizona Laws 6-401
  • Federal deposit insurance corporation: includes any successor to the corporation or other agency or instrumentality of the United States that undertakes to discharge the purposes of the corporation. See Arizona Laws 6-101
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 3-1703
  • Fiduciary: A trustee, executor, or administrator.
  • Filed with the superintendent: means when the complete application including any amendments or supplements containing all the information in the form required by the superintendent is received by the superintendent. See Arizona Laws 6-321
  • Final disposition: means the ultimate termination of the criminal prosecution of a defendant by a trial court, including dismissal, acquittal or imposition of a sentence. See Arizona Laws 6-326
  • Financial institution: means banks, trust companies, savings and loan associations, credit unions, consumer lenders, international banking facilities and financial institution holding companies under the jurisdiction of the department. See Arizona Laws 6-101
  • Firearm: means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition. See Arizona Laws 3-1703
  • 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.
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 3-1703
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • 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.
  • Home state: means the state that has granted the bank its charter, permit or license to operate. See Arizona Laws 6-101
  • Immediate family: means a victim's spouse, parent, child, sibling, grandparent or lawful guardian. See Arizona Laws 6-326
  • In-state financial institution: means a state or federal bank, savings bank or savings and loan association with its home office in this state, or holding company with its home office in this state. See Arizona Laws 6-321
  • In-state financial institution: means a state or federal bank, savings bank, savings and loan association or holding company with its home office located in this state. See Arizona Laws 6-101
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Incompetent to stand trial: means that as a result of a mental illness, defect or disability a defendant is unable to understand the nature and object of the proceeding or to assist in the defendant's defense. See Arizona Laws 6-412
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Injured person: means a person who has sustained economic loss, including medical loss, as a result of injury to his person, business or property by the conduct giving rise to the forfeiture of property, and who is not an owner of or an interest holder in the property. See Arizona Laws 6-237
  • Insurance corporation: means the federal deposit insurance corporation or such other instrumentality of, or corporation chartered by, the United States as may be established for the purpose of insuring the accounts of savings and loan associations or any other equivalent deposit insurer approved by the superintendent. See Arizona Laws 6-401
  • Insured association: means an association, the accounts of which are insured wholly or in part by an insurance corporation. See Arizona Laws 6-401
  • Interest holder: means a person in whose favor there is a security interest or who is the beneficiary of a perfected encumbrance pertaining to an interest in property. See Arizona Laws 6-237
  • 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
  • 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: means to put funds to use in order to secure profits. See Arizona Laws 6-401
  • 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.
  • Kind: means one or more related species or subspecies which singly or collectively are known by one common name, such as corn, oats, alfalfa and timothy. See Arizona Laws 3-231
  • Knowingly: 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 3-1703
  • Label: means any label or other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers and includes representations or invoices. See Arizona Laws 3-231
  • Labeler: means any person whose name and address appear on the label pertaining to or attached to a lot or container of agricultural, vegetable or ornamental plant seed sold, offered for sale, exposed for sale or transported for sowing purposes. See Arizona Laws 3-231
  • Lawful representative: means a person who is designated by the victim or appointed by the court and who acts in the best interests of the victim. See Arizona Laws 6-326
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means an Arizona state seed license that is obtained from the department. See Arizona Laws 3-231
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lot: means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See Arizona Laws 3-231
  • Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
  • mailed: means , with respect to a writing or notice, deposit in a United States post-office mailing facility in this state with postage prepaid and correctly addressed to the proper person at his address stated on the association's records or otherwise agreed upon or if no address has been so established then to the last known address. See Arizona Laws 6-401
  • Mental health expert: means a physician who is licensed pursuant to title 32, chapter 13 or 17 or a psychologist who is licensed pursuant to title 32, chapter 19. See Arizona Laws 6-412
  • Merger: includes consolidation. See Arizona Laws 6-401
  • Military reservation or facility: means any land or facility that is owned or leased by or designated to the Arizona national guard. See Arizona Laws 6-440
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 3-1703
  • Mobile identification number: means the cellular or wireless telephone number that the cellular or wireless telephone carrier assigns to the wireless telephone. See Arizona Laws 6-434
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor vehicle: means any self-propelled vehicle. See Arizona Laws 6-430
  • National credit union administration: includes any successor to the organization or other agency or instrumentality of the United States that undertakes to discharge the purposes of the organization. See Arizona Laws 6-101
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • Obligation: means a primary or contingent liability for the payment of money. See Arizona Laws 6-351
  • 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.
  • Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 3-1703
  • Ornamental plant seed: means the seed of any plant used for decorative or ornamental purposes and includes flower seed. See Arizona Laws 3-231
  • Out-of-state bank: means a bank, savings bank or savings and loan association that is approved by the superintendent pursuant to section 6-322 and that has a charter, a permit or any other license to operate that is issued by a state other than this state. See Arizona Laws 6-101
  • Out-of-state financial institution: means a state or federal bank, savings bank or savings and loan association with its home office in a state other than this state, or holding company with its home office in a state other than this state. See Arizona Laws 6-321
  • Out-of-state financial institution: means a state or federal bank, savings bank, savings and loan association or holding company with its home office in a state other than this state. See Arizona Laws 6-101
  • Owner: means a person who is not a secured party within the meaning of section 47-9102 and who has an interest in property, whether legal or equitable. See Arizona Laws 6-237
  • Participating interests: means the purchase or acquisition of an interest in an existing permanent mortgage loan. See Arizona Laws 6-401
  • 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 any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 3-1703
  • 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 an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, joint venture or association or any other legal or commercial entity. See Arizona Laws 6-351
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 3-1703
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Person: means any individual, partnership, corporation, company, society or association. See Arizona Laws 3-231
  • Personal property: includes all interests in property, as defined in section 13-105, in whatever form, except real property and fixtures as defined in section 47-9102. See Arizona Laws 6-237
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Petty offense: means an offense for which a sentence of a fine only is authorized by law. See Arizona Laws 3-1703
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Physical force: means force used upon or directed toward the body of another person and includes confinement, but does not include deadly physical force. See Arizona Laws 3-1703
  • Physical injury: means the impairment of physical condition. See Arizona Laws 3-1703
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • 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
  • Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 3-1703
  • Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 3-1703
  • Post-arrest release: means the discharge of the accused from confinement on recognizance, bond or other condition. See Arizona Laws 6-326
  • Post-conviction release: means parole, work furlough, community supervision, probation if the court waived community supervision pursuant to section 13-603, home arrest or any other permanent, conditional or temporary discharge from confinement in the custody of the state department of corrections or a sheriff or from confinement in a municipal jail or a secure mental health facility. See Arizona Laws 6-326
  • Post-conviction relief proceeding: means a contested argument or evidentiary hearing that is held in open court and that involves a request for relief from a conviction or sentence. See Arizona Laws 6-326
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Prior act: means any statute of this state which, before June 25, 1960, has governed the formation or operation of associations of the type described in the section of this chapter concerning scope of the chapter. See Arizona Laws 6-401
  • Prisoner: means a person who has been convicted of a criminal offense against a victim and who has been sentenced to the custody of the sheriff, the state department of corrections, a municipal jail or a secure mental health facility. See Arizona Laws 6-326
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Profits: means , as determined by the application of proper accounting principles, gross income less the aggregate of operating and other expenses, losses actually sustained and not charged to reserves under the provisions of this chapter and interest paid or accrued on borrowings and non-recurring charges. See Arizona Laws 6-401
  • Property: means anything of value, tangible or intangible. See Arizona Laws 3-1703
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • published: means printed in the English language in a newspaper of general circulation published in the community in which the association's business office is located or if no such newspaper exists in said community then in the county in which such business office is located. See Arizona Laws 6-401
  • 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.
  • registered seed: means seed that has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized seed-certifying agency. See Arizona Laws 3-231
  • Release: means no longer in the custody of a custodial agency and includes transfer from one custodial agency to another custodial agency. See Arizona Laws 6-326
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Rights: means any right that is granted to the victim by the laws of this state. See Arizona Laws 6-326
  • Seizing agency: means any department or agency of this state or its political subdivisions which regularly employs peace officers, and which employs the peace officer who seizes property for forfeiture, or such other agency as the seizing agency may designate in a particular case by its chief executive officer or his designee. See Arizona Laws 6-237
  • Seizure for forfeiture: means seizure of property by a peace officer coupled with an assertion by the seizing agency or by an attorney for the state that the property is subject to forfeiture. See Arizona Laws 6-237
  • Sell: means offer for sale, expose for sale, possess for sale, exchange, barter or trade. See Arizona Laws 3-231
  • 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.
  • Structure or fenced yard: means any structure, fenced yard, wall, building or other similar barrier or any combination of structures, fenced yards, walls, buildings or other barriers that surrounds a commercial nuclear generating station and that is posted with signage indicating it is a felony to trespass. See Arizona Laws 6-436
  • Structure or fenced yard: means any structure, fenced yard, wall, building or other similar barrier or any combination of structures, fenced yards, walls, buildings or other barriers that surrounds a military reservation or facility and that is posted with signage indicating it is a felony to trespass. See Arizona Laws 6-440
  • subscription: includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness. See Arizona Laws 1-215
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the superintendent of financial institutions. See Arizona Laws 6-101
  • 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.
  • Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Threat to public safety: means charged with the commission of any of the following:

    (a) A crime involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the infliction of physical injury on another person. See Arizona Laws 6-412

  • Title: includes this title, title 32, chapters 9 and 36 and title 44, chapter 2. See Arizona Laws 6-101
  • Total assets: means the total value of all loan contracts without deduction for the withdrawal value of any accounts of the association held as collateral for loans and the total value of all other assets of the association as determined by the application of proper accounting principles. See Arizona Laws 6-401
  • 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.
  • Treated: means that the seed has received an application of a substance or process that is designed to reduce, control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings growing from the seeds. See Arizona Laws 3-231
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Type: means either a group of varieties so similar that the individual varieties cannot be clearly differentiated except under special conditions or, when used with a variety name, seed of the variety named which may be mixed with seed of other varieties of the same kind and of similar character. See Arizona Laws 3-231
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Unlawful: means contrary to law or, where the context so requires, not permitted by law. See Arizona Laws 3-1703
  • Variety: means a subdivision of a kind characterized by growth, yield, plant, fruit, seed or other characteristics by which it can be differentiated from other plants of the same kind. See Arizona Laws 3-231
  • Vegetable seeds: means seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state. See Arizona Laws 3-231
  • Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 3-1703
  • Vehicle identification number: means the number that the manufacturer or the United States or a state department of transportation assigns to a motor vehicle for the purpose of identifying the motor vehicle or a major component part of the motor vehicle. See Arizona Laws 6-430
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Victim: means a person against whom the criminal offense has been committed, including a minor, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused. See Arizona Laws 6-326
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Wireless telephone: means a communication device that transmits radio, satellite or other mobile telephone communication. See Arizona Laws 6-434
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
  • Writing: includes printing. See Arizona Laws 1-215