Terms Used In Arizona Laws > Title 5 > Chapter 12 > Article 3 - Revenue Bonds

• 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
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• 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.
• 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.
• 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
• Capital offense: A crime punishable by death.
• Commission: means the state industrial commission. See Arizona Laws 13-4201
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 13-105
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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.
• 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.
• 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
• 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.
• 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
• 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.
• 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.
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• 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

• 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.
• 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
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• 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
• 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.
• 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 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: 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: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Person: means a person as defined in section 13-105 and includes a representative or assignee of such person. See Arizona Laws 13-4201
• Physical injury: means the impairment of physical condition. See Arizona Laws 13-105
• 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.
• 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.
• 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
• 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

• Recess: A temporary interruption of the legislative business.
• 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.
• 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).
• 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.
• 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
• State: includes any territory of the United States and the District of Columbia. See Arizona Laws 13-4091
• 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: Another word for subpoena used by the criminal justice system.
• Summons: includes a subpoena, order or other notice requiring the appearance of a witness. See Arizona Laws 13-4091
• Testify: Answer questions in court.
• 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.
• 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
• 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.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• 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 allowed by law. 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
• Writing: includes printing. See Arizona Laws 1-215