Terms Used In Arizona Laws > Title 5 > Chapter 12 - Southern Arizona Sports, Tourism and Film Authority

• Accused: means a person who has been arrested for a felony committed in the state of Arizona and either has been bound over for trial pursuant to a finding by a magistrate during a preliminary hearing of probable cause or has waived such a preliminary hearing or who has been lawfully indicted. See Arizona Laws 13-4201
• 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 13-105
• Advisory board: means the advisory board of the authority. See Arizona Laws 5-1401
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Associate director: means the associate director of the division. See Arizona Laws 3-661
• Associate director: means the associate director of the division. See Arizona Laws 3-701
• Associate director: means the associate director of the division. See Arizona Laws 3-201
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means the southern Arizona sports, tourism and film authority. See Arizona Laws 5-1401
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 13-105
• Board: means the board of directors of the authority. See Arizona Laws 5-1401
• Bond: means any obligation authorized and issued pursuant to this article, including:

  (a) Bonds and notes. See Arizona Laws 5-1461

• Bond-related expenses: means any expenses incurred by the authority for issuing and administering its bonds, including underwriting fees and costs, trustee fees, financial consultant fees, printing and advertising costs, paying agent fees, transfer agent fees, legal fees, accounting fees, feasibility consultant and other professional fees and expenses, credit enhancement fees and expenses related to credit enhancement, bond insurance or liquidity enhancement, remarketing fees, rating agency fees and costs, travel and telephone expenses and all other fees considered necessary by the board in order to market and administer the bonds. See Arizona Laws 5-1461
• Calendar year: means three hundred sixty-five days' actual time served without release, suspension or commutation of sentence, probation, pardon or parole, work furlough or release from confinement on any other basis. See Arizona Laws 13-105
• 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
• Capital offense: A crime punishable by death.
• 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
• Commission: means the state industrial commission. See Arizona Laws 13-4201
• 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 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 13-105
• Conditional release: means release from a secure mental health facility under the specified written conditions. See Arizona Laws 13-3991
• Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
• criminal offense: includes any of the following:

  (a) A felony or misdemeanor offense. See Arizona Laws 13-3841

• Criminal street gang: means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and that has at least one individual who is a criminal street gang member. See Arizona Laws 13-105
• Criminal street gang member: means an individual to whom at least two of the following seven criteria that indicate criminal street gang membership apply:

  (a) Self-proclamation. See Arizona Laws 13-105

• crop: includes every kind of vegetation, wild or domesticated, and any part thereof, as well as seed, fruit or other natural product of such vegetation. See Arizona Laws 3-201
• Dangerous: means a danger of inflicting serious physical harm on oneself or others, including attempted suicide or the serious threat of suicide, if the threat is such that, when considered in the light of the threat's context and any previous acts, the threat is substantially supportive of an expectation that it will be carried out. See Arizona Laws 13-3991
• 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 13-105
• Daytime: means the period between sunrise and sunset. See Arizona Laws 1-215
• Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 13-105
• 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
• Defense attorney: Represent defendants in criminal matters.
• Dependent: A person dependent for support upon another.
• 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.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Diseases: includes any fungus, bacterium, virus or other organism of any kind and any unknown cause that is or may be found to be injurious, or likely to be or to become injurious to any domesticated or cultivated plant, or to the product of any such plant. See Arizona Laws 3-201
• Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-701
• Division: means the plant services division of the Arizona department of agriculture. See Arizona Laws 3-201
• 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
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• 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 allowed, 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 13-105

• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Executive authority: includes the governor, and any person performing the functions of governor in a state other than this state. See Arizona Laws 13-3841
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• 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 13-105
• 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 13-105
• Governor: includes any person performing the functions of governor by authority of the law of this state. See Arizona Laws 13-3841
• Grade: means classified as to quality and applies to a dozen, case, lot or load of eggs. See Arizona Laws 3-701
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Indian tribe: means any organized Indian nation, tribe, band or community that is recognized as an Indian tribe by the United States department of the interior. See Arizona Laws 5-1401
• 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.
• infrastructure: means improvements that will directly and principally benefit the multipurpose facility and includes:

  (i) Sanitary sewage systems. See Arizona Laws 5-1461

• 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.
• 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 13-105
• 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
• material witness: means a witness in a criminal matter who is called by either the state or the defendant and whose testimony is necessary for a fair determination of an issue in the case. See Arizona Laws 13-4081
• Mental disease or defect: means a condition that was the basis for a person being found guilty except insane pursuant to section 13-502 or that was subsequently diagnosed while the person was committed to the secure mental health facility and for which the person needs ongoing mental health treatment. See Arizona Laws 13-3991
• Mental health report: means a report that is written by a treatment supervisor or other qualified expert, that documents the condition of a person's mental health and that, at a minimum, includes all of the following:

  (a) The person's mental condition, symptoms and diagnosis on admission to a secure mental health facility. See Arizona Laws 13-3991

• mentally incompetent to be executed: means that due to a mental disease or defect a person who is sentenced to death is presently unaware that he is to be punished for the crime of murder or that he is unaware that the impending punishment for that crime is death. See Arizona Laws 13-4021
• Minor: means a person under eighteen years of age. 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 13-105
• Oath: includes an affirmation or declaration. See Arizona Laws 1-215
• Oath: A promise to tell the truth.
• Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 13-105
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Parties: includes the person under the court's jurisdiction, the secure mental health facility, the outpatient treatment supervisor and the county attorney or the attorney general who is representing the state. See Arizona Laws 13-3991
• Pass supervisor: means a person or agency representative who is approved by the court to accompany a person on approved conditional release for pass privileges. See Arizona Laws 13-3991
• 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 13-105
• Person: includes an individual, household, firm, corporation, company or association. See Arizona Laws 3-701
• 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 13-105
• Person: means a person as defined in section 13-105 and includes a representative or assignee of such person. See Arizona Laws 13-4201
• Pests: includes all noxious weeds, insects, diseases, mites, spiders, nematodes and other animal or plant organisms found injurious, or likely to be or to become injurious, to any domesticated, cultivated, native or wild plant, or to the product of any such plant. See Arizona Laws 3-201
• Petty offense: means an offense for which a sentence of a fine only is authorized by law. See Arizona Laws 13-105
• Physical injury: means the impairment of physical condition. See Arizona Laws 13-105
• 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.
• Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 13-105
• Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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
• Propensity to reoffend: means the likelihood that a person will violently reoffend based on the person's history of criminal behavior or involvement in the criminal justice system. See Arizona Laws 13-3991
• Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• public offense: means conduct for which a sentence to a term of imprisonment or of a fine is provided by any law of the state in which it occurred or by any law, regulation or ordinance of a political subdivision of that state and, if the act occurred in a state other than this state, it would be so punishable under the laws, regulations or ordinances of this state or of a political subdivision of this state if the act had occurred in this state. See Arizona Laws 13-105
• Qualified expert: means a psychologist or psychiatrist who:

  (a) Is familiar with inpatient and outpatient treatment services in this state. See Arizona Laws 13-3991

• Quality: means the inherent properties of any product that determine its relative degree of excellence. See Arizona Laws 3-701
• Recess: A temporary interruption of the legislative business.
• 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).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• Risk assessment: means a comprehensive assessment of a person's risk for violent behavior that is conducted by a qualified expert and that includes all of the following:

  (a) The person's identifying information. See Arizona Laws 13-3991

• Secure mental health facility: means a secure state mental health facility that is under the department of health services. See Arizona Laws 13-3991
• Serious physical injury: includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. See Arizona Laws 13-105
• Service of process: The service of writs or summonses to the appropriate party.
• Shipment: includes anything that is brought into the state or that is transported within the state and that may be the host or may contain or carry or may be susceptible of containing, carrying or having present on, in or about it any plant pest or plant disease. See Arizona Laws 3-201
• Size: means classified as to weight. See Arizona Laws 3-701
• Stable remission: means a clinical state in which there is an absence or marked attenuation in the signs and symptoms of major mental illness. See Arizona Laws 13-3991
• Standard: means the quality specifications for a single egg. See Arizona Laws 3-701
• State: includes the District of Columbia. See Arizona Laws 13-3831
• State: includes any territory of the United States and the District of Columbia. See Arizona Laws 13-4091
• Subcontainer: means a container that is used within another container. See Arizona Laws 3-701
• Subpoena: A command to a witness to appear and give testimony.
• Sufficient cause: means a reasonable belief that the circumstance is true or necessary and is less than a preponderance. See Arizona Laws 13-3991
• Summons: includes a subpoena, order or other notice requiring the appearance of a witness. See Arizona Laws 13-4091
• Summons: Another word for subpoena used by the criminal justice system.
• Supervisor: means the supervisor of egg inspection or the supervisor's authorized representative. See Arizona Laws 3-701
• Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trade product: means a product which has the appearance, taste, smell, texture or color of, but is not, a real product; which, taken as a whole, bears resemblance to or is in imitation of a real product, or could be mistaken for a real product. See Arizona Laws 3-661
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Treatment supervisor: means a qualified expert who is a person's supervising and treating clinician. See Arizona Laws 13-3991
• Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
• 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 13-105
• Verdict: The decision of a petit jury or a judge.
• Victim: means any person, including the surviving dependent of a person, who has suffered physical injury or pecuniary loss resulting from the crime of the accused. See Arizona Laws 13-4201
• 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
• Witness: includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. See Arizona Laws 13-4091
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• 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