Terms Used In Arizona Laws > Title 41 > Chapter 9
- 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.
- Affiliate: means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with another person. See Arizona Laws 10-2121
- Aggrieved person: includes any person who either:
(a) Claims to have been injured by a discriminatory housing practice. See Arizona Laws 41-1491
- 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.
- Americans with disabilities act: means 42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611 and the ADA amendments act of 2008 (P. See Arizona Laws 41-1492
- 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.
- Auxiliary aids and services: includes :
(a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments. See Arizona Laws 41-1461
- Auxiliary aids and services: includes :
(a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments. See Arizona Laws 41-1492
- 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.
- Broadband service: means providing access and transport to the internet, computer processing, information storage or protocol conversion at a download rate of at least twenty-five megabits per second and at an upload rate of at least three megabits per second. See Arizona Laws 10-2121
- Class: refers to a group of memberships that have the same rights with respect to voting, dissolution, redemption and transfer. See Arizona Laws 10-3140
- Commercial facilities: means facilities that are intended for nonresidential use and that do not meet the definition of either a public accommodation or a public entity. See Arizona Laws 41-1492
- Commission: means the Arizona corporation commission. See Arizona Laws 10-140
- Complainant: means a person, including the attorney general, who files a complaint under section 41-1491. See Arizona Laws 41-1491
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conciliation: means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent and the attorney general. See Arizona Laws 41-1491
- Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Arizona Laws 41-1491
- 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.
- Covered entity: means an employer, employment agency, labor organization or joint labor-management committee. See Arizona Laws 41-1461
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Demand responsive system: means any system of providing the transportation of individuals by a vehicle, other than a system that is a fixed route system. See Arizona Laws 41-1492
- Demonstrates: means meets the burdens of going forward with the evidence and of persuasion. See Arizona Laws 41-1493
- Devise: To gift property by will.
- direct threat: means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. See Arizona Laws 41-1463
- Disability: means , with respect to an individual, except any impairment caused by current use of illegal drugs, any of the following:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the individual. See Arizona Laws 41-1461
- Disability: means a mental or physical impairment that substantially limits at least one major life activity, a record of such an impairment or being regarded as having such an impairment. See Arizona Laws 41-1491
- Disability: means , with respect to an individual, any of the following:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the individual. See Arizona Laws 41-1492
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Discriminatory housing practice: means an act prohibited by sections 41-1491. See Arizona Laws 41-1491
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Dwelling: means either:
(a) Any building, structure or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families. See Arizona Laws 41-1491
- Electric utility: means any corporation, governmental agency, political subdivision or other entity or combination of such entities that produces, generates, purchases, sells, transmits or distributes electricity to another electric utility or to a user of electricity. See Arizona Laws 10-2121
- Employment agency: means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of that person. See Arizona Laws 41-1461
- Entity: includes a corporation, foreign corporation, not for profit corporation, profit and not for profit unincorporated association, nonprofit corporation, close corporation, corporation sole or limited liability company, a professional corporation, association or limited liability company, a business trust, estate, partnership, registered limited liability partnership, trust or joint venture, two or more persons having a joint or common economic interest, any person other than an individual and a state, the United States and a foreign government. See Arizona Laws 10-140
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executed by the cooperative: means executed by manual or facsimile signature on behalf of the cooperative by a duly authorized officer or, if the corporation is under the control of a receiver or trustee, by the receiver or trustee. See Arizona Laws 10-2121
- Exercise of religion: means the ability to act or refusal to act in a manner substantially motivated by a religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief. See Arizona Laws 41-1493
- Family: includes a single individual. See Arizona Laws 41-1491
- Filing: means the commission completing the following procedure with respect to any document delivered for that purpose:
- 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.
- Fixed route system: means a system of providing the transportation of individuals by, other than by aircraft, a vehicle that is operated along a prescribed route according to a fixed schedule. See Arizona Laws 41-1492
- Generation and transmission cooperative: means a corporation that is organized under this article or that becomes subject to this article as provided in this article. See Arizona Laws 10-2121
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Government: includes this state and any agency or political subdivision of this state. See Arizona Laws 41-1493
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- individual: means a qualified individual. See Arizona Laws 41-1463
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- 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.
- 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
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Major life activities: includes :
(a) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. See Arizona Laws 41-1461
- Major life activities: includes :
(a) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. See Arizona Laws 41-1492
- Member: means , without regard to what a person is called in the articles of incorporation or bylaws, any person or persons who, pursuant to a provision of a corporation's articles of incorporation or bylaws, have the right to vote for the election of a director or directors. See Arizona Laws 10-3140
- Membership: refers to the rights and obligations a member or members have pursuant to a corporation's articles of incorporation and bylaws and chapters 24 through 40 of this title. See Arizona Laws 10-3140
- Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- Oath: includes an affirmation or declaration. See Arizona Laws 1-215
- Oath: A promise to tell the truth.
- Over-the-road bus: means a bus characterized by an elevated passenger deck located over a baggage compartment. See Arizona Laws 41-1492
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes an individual and entity. See Arizona Laws 10-140
- Person: means an individual, corporation, partnership, unincorporated association, or other organization, and includes the owner, lessee, operator, proprietor, manager, superintendent, agent, or employee of any place of public accommodation. See Arizona Laws 41-1441
- Person: means one or more individuals, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers. See Arizona Laws 41-1461
- Person: means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, receivers, fiduciaries, banks, credit unions and financial institutions. See Arizona Laws 41-1491
- Person: includes a religious assembly or institution. See Arizona Laws 41-1493
- Person: means a natural person, firm, association, corporation, business trust or partnership or any agency or political subdivision of the United States or of this state or any other political body. See Arizona Laws 10-2121
- Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
- Places of public accommodation: means all public places of entertainment, amusement or recreation, all public places where food or beverages are sold for consumption on the premises, all public places which are conducted for the lodging of transients or for the benefit, use or accommodation of those seeking health or recreation and all establishments which cater or offer their services, facilities or goods to or solicit patronage from the members of the general public. See Arizona Laws 41-1441
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Political subdivision: includes any county, city, including a charter city, town, school district, municipal corporation or special district, any board, commission or agency of a county, city, including a charter city, town, school district, municipal corporation or special district or any other local public agency. See Arizona Laws 41-1493
- Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
- Private entity: means any entity other than a public entity. See Arizona Laws 41-1492
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Public accommodation: includes any:
(a) Inn, hotel, motel or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as the residence of the proprietor. See Arizona Laws 41-1492
- Public entity: means any:
(a) State or local government. See Arizona Laws 41-1492
- Qualified individual: means a person with a disability who, with or without reasonable accommodation, is capable of performing the essential functions of the employment position that the individual holds or desires. See Arizona Laws 41-1461
- Quorum: The number of legislators that must be present to do business.
- railroad: has the meaning given the term "railroad" in section 202(e) of the federal railroad safety act of 1970 (45 United States Code section 431(e)). See Arizona Laws 41-1492
- Readily achievable: means easily accomplishable and able to be carried out without much difficulty or expense. See Arizona Laws 41-1492
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Reasonable accommodation: includes :
(a) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities. See Arizona Laws 41-1461
- Registered mail: includes certified mail. See Arizona Laws 1-215
- Religion: means all aspects of religious observance and practice, as well as belief. See Arizona Laws 41-1461
- 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.
- Respondent: means either:
(a) The person accused of a violation of this article in a complaint of a discriminatory housing practice. See Arizona Laws 41-1491
- Secretary: means that officer designated as the secretary in the articles of incorporation or bylaws or that officer authorized in the articles of incorporation, the bylaws or otherwise to perform the functions of secretary, irrespective of the name by which designated. See Arizona Laws 10-140
- 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.
- Specified public transportation: means transportation by bus, rail or any other conveyance, other than aircraft, that provides the general public with general or special service, including charter service, on a regular and continuing basis. See Arizona Laws 41-1492
- State: means the state of Arizona. See Arizona Laws 41-1492
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Subpoena: A command to a witness to appear and give testimony.
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trustee: A person or institution holding and administering property in trust.
- trustees: means individuals, designated in the articles of incorporation or bylaws or elected by the incorporators, and their successors and individuals elected or appointed by any other name or title to act as members of the board. See Arizona Laws 10-3140
- United States: includes a district, authority, bureau, commission and department and any other agency of the United States. See Arizona Laws 10-140
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215