Sections
Article 1 General Provisions 9-1101 – 9-1118
Article 2 Sale of Lands Acquired Prior to Statehood 9-1131 – 9-1133
Article 3 Subdivision of Private Lands in Townsite 9-1141

Terms Used In Arizona Laws > Title 9 > Chapter 10

  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • 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
  • Approved smoke detector: means an electronic device powered by batteries or alternating current that is capable of sensing visible or invisible products of combustion, that sounds an alarm audible in all sleeping areas of a residential housing unit and that meets the standards prescribed by the office of the state fire marshal pursuant to section 37-1383. See Arizona Laws 36-1636
  • Approved smoke detector: means an electronic device powered by batteries or alternating current that is capable of sensing visible or invisible products of combustion, that sounds an alarm audible in all sleeping areas of a guest unit and that meets the standards prescribed by the office of the state fire marshal pursuant to section 37-1383. See Arizona Laws 36-1645
  • Area of operation: includes all the territory of a city, town or county. See Arizona Laws 36-1401
  • Area of operation: means the area within the territorial boundaries of the municipality. See Arizona Laws 36-1471
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Automatic fire extinguishing equipment: means a mechanical system that puts out fires by ejecting chemicals or water. See Arizona Laws 36-1645
  • Bequest: Property gifted by will.
  • Blighted area: means an area where dwellings predominate that are detrimental to safety, health or morals because they are dilapidated or overcrowded or lack ventilation, light or sanitary facilities. See Arizona Laws 36-1401
  • Blighted area: means an area, other than a slum area, where sound municipal growth and the provision of housing accommodations is substantially retarded or arrested in a predominance of the properties by any of the following:

    (a) A dominance of defective or inadequate street layout. See Arizona Laws 36-1471

  • Bonds: means bonds, notes, interim certificates, debentures or other obligations issued by a public housing authority, city, town or county pursuant to this article. See Arizona Laws 36-1401
  • Bonds: means any bonds, including refunding bonds, notes, interim certificates, debentures or other obligations. See Arizona Laws 36-1471
  • Bulk food: means unpackaged and unwrapped food in aggregate containers from which quantities are withdrawn by the consumer, excluding fresh fruits, fresh vegetables, nuts in the shell, rice, beans, food in salad bars and potentially hazardous food. See Arizona Laws 36-971
  • Citrus: means varieties of the genus citrus commercially produced in this state for the fresh market but does not include commercially produced by-products or products manufactured for resale. See Arizona Laws 3-468
  • citrus fruit: means the fruit of any orange, lemon, lime, grapefruit, tangerine, kumquat or other citrus tree that produces edible citrus fruit suitable for human consumption. See Arizona Laws 3-441
  • Clerk: means the clerk of the board of supervisors, the city or town clerk or the officer charged with the duties customarily imposed on the clerk. See Arizona Laws 36-1401
  • Clerk: means the clerk or other official of the municipality who is the custodian of the official records of the municipality. See Arizona Laws 36-1471
  • Commission merchant: means a person that receives on consignment or solicits from the producer any citrus fruit for sale on commission on behalf of the producer or accepts any citrus fruit in trust from the producer for the purpose of resale. See Arizona Laws 3-441
  • Consumer firework: means small firework devices that contain restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and that comply with the construction, chemical composition and labeling regulations prescribed in 49 Code of Federal Regulations parts 172 and 173, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the APA 87-1. See Arizona Laws 36-1601
  • Consumer lender: means a person who is licensed pursuant to chapter 5 of this title. See Arizona Laws 6-991
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Council: means the Arizona citrus research council. See Arizona Laws 3-468
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person that sells, markets or distributes citrus fruit that the person purchased from a producer or markets as an agent, broker or commission merchant, except at retail. See Arizona Laws 3-441
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of health services. See Arizona Laws 36-1691
  • Department: means the Arizona department of agriculture. See Arizona Laws 3-468
  • Department: means the department of financial institutions. See Arizona Laws 6-101
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means the director of the department of health services. See Arizona Laws 36-1691
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discriminate: means taking or threatening any adverse action, including any of the following:

    (a) Termination of employment. See Arizona Laws 36-1321

  • Display firework: means large firework devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration or detonation as prescribed by 49 Code of Federal Regulations part 172, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the APA 87-1. See Arizona Laws 36-1601
  • Division: means the financial institutions division within the department. See Arizona Laws 6-101; Version 2
  • Eligible patient: means a person to whom all of the following apply:

    (a) The person has a terminal illness as determined by the person's physician and a consulting physician. See Arizona Laws 36-1311

  • 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
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Federal government: includes the United States, the United States department of housing and urban development or any other agency or instrumentality, corporate or otherwise, of the United States. See Arizona Laws 36-1401
  • Federal government: includes the United States or any agency or instrumentality, corporate or otherwise, of the United States. See Arizona Laws 36-1471
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the board of commissioners of a public housing authority, the common council or other legislative body of the city or town or the county board of supervisors. See Arizona Laws 36-1401
  • Governing body: means the board of supervisors of a county as to the area within the county but without the corporate limits of an incorporated city or town and means the governing body of an incorporated city or town as to the area within its corporate limits. See Arizona Laws 36-1601
  • Grower-shipper: means a person who is engaged in this state in the business of packing, shipping, transporting or selling citrus of which he is a grower, producer or owner. See Arizona Laws 3-468
  • 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.
  • Guest unit: means a room in a motel or hotel that is offered for lodging. See Arizona Laws 36-1645
  • Health care entity: means any of the following or an employee of any of the following:

    (a) A health care institution as defined in section 36-401. See Arizona Laws 36-1321

  • housing authority: means an agency of a city, town or county created and controlled pursuant to this article. See Arizona Laws 36-1401
  • 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.
  • Judgment: means either:

    (a) A final judgment in a court of competent jurisdiction. See Arizona Laws 6-991

  • Judgment debtor: means any defendant under this article who is the subject of a judgment. See Arizona Laws 6-991
  • kosher: as used in this article shall not be construed to include the words "kosher style. See Arizona Laws 36-941
  • 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 a license issued under this article. See Arizona Laws 6-991
  • Licensee: means a person licensed under this article. See Arizona Laws 6-991
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquefied petroleum gas: means any hydrocarbon or mixture of hydrocarbons composed predominantly of propane, propylene, butanes, normal butane, isobutane or butylenes. See Arizona Laws 36-1621
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan processor or underwriter: means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person who is licensed or who is exempt from licensure under article 1 or 2 of this chapter. See Arizona Laws 6-991
  • Local governing body: means the council or other legislative body charged with governing the municipality. See Arizona Laws 36-1471
  • Lot: means a unit of identical or similar items that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items that are included in the same shipping order, bill of lading or other itemized transport order. See Arizona Laws 3-441
  • Mayor: means the mayor of the city or town or the officer thereof charged with the duties customarily imposed on the mayor or executive head of a city or town. See Arizona Laws 36-1401
  • Mayor: means the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality. See Arizona Laws 36-1471
  • 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
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage banker: means a person who is licensed pursuant to article 2 of this chapter. See Arizona Laws 6-991
  • Mortgage broker: means a person who is licensed pursuant to article 1 of this chapter. See Arizona Laws 6-991
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Municipality: means any incorporated city or town in the state. See Arizona Laws 36-1471
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • 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.
  • Obligee: includes any holder of bonds issued pursuant to this article, trustee or trustees for such bondholders, or lessor demising to a public housing authority, city, town or county property used in connection with a housing project, or an assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to a contract with a public housing authority, city, town or county in regard to a housing project. See Arizona Laws 36-1401
  • Obligee: includes any bondholder, agents or trustees for any bondholders, or lessor demising to the municipality property used in connection with a redevelopment project, or any assignee or assignees of a lessor's interest or any part thereof, and the federal government when it is a party to any contract with the municipality. See Arizona Laws 36-1471
  • Panels immediately adjacent to: means the first fixed glazed panel on either or both sides of a door in a hazardous location, whether or not on the same plane and whether or not divided by a horizontal mullion, eighteen inches to forty-eight inches in width, the nearest vertical edge of which is located within three feet horizontally of the nearest vertical edge of the door and the bottom edge is less than eighteen inches above the floor level. See Arizona Laws 36-1631
  • 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 this state and any agency or political subdivision of this state. See Arizona Laws 36-1321
  • Person: means any individual, firm, partnership, corporation, company association, joint stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof. See Arizona Laws 36-1471
  • Person: includes an individual, partnership, firm or corporation. See Arizona Laws 36-1601
  • Person: means a natural person, a corporation, partnership, firm, receiver or trustee or any organized group of persons. See Arizona Laws 36-1621
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Person: includes an individual, firm, association, partnership, trust or corporation. See Arizona Laws 3-441
  • Persons of low income: means persons or families who lack the amount of income that is necessary, as determined by the public housing authority, city, town or county undertaking the housing project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding. See Arizona Laws 36-1401
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Physician: means the physician who is providing medical care or treatment to the eligible patient for the terminal illness but does not include a primary care physician. See Arizona Laws 36-1311
  • Place of business: means grocery store, market, hotel, inn, restaurant, boarding house, eating house, lunch room, cafeteria, caterer or other establishment or place in which meat, meat products, food or food products are sold for human consumption. See Arizona Laws 36-941
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Potentially hazardous food: means food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms except clean, whole, uncracked, odor free shell eggs or food that has a pH level of 4. See Arizona Laws 36-971
  • Producer: means a person engaged in this state in the business of commercially producing or causing citrus to be commercially produced. See Arizona Laws 3-468
  • Product module: means a multi-use or single service food contact container designed for customer self-service of bulk food by either direct or indirect means. See Arizona Laws 36-971
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public body: means the state or any municipality, county, village, board, commission, authority, district or any other subdivision or public body of the state. See Arizona Laws 36-1471
  • Public buildings: means hotels, motels, dormitories, health care institutions, theatres, stadiums, gymnasiums, amusement park buildings, schools and other buildings used for educational purposes, museums, restaurants, bars, places of worship and other buildings of public assembly. See Arizona Laws 36-1631
  • Quorum: The number of legislators that must be present to do business.
  • Real property: includes all lands, including improvements and fixtures on the land, and property of any nature appurtenant to the land, or used in connection with the land, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. See Arizona Laws 36-1401
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: includes all lands, including improvements and fixtures on the land, and property of any nature appurtenant to the land, or used in connection with the land, and every estate, interest and right, legal or equitable therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by the liens. See Arizona Laws 36-1471
  • Redeveloper: means any person, partnership or public or private corporation or agency which enters or proposes to enter into a redevelopment contract. See Arizona Laws 36-1471
  • Redevelopment contract: means a contract entered into between a municipality and a redeveloper for the redevelopment of an area in conformity with a redevelopment plan. See Arizona Laws 36-1471
  • Redevelopment plan: means a plan, other than a preliminary or tentative plan, for the acquisition, clearance, reconstruction, rehabilitation or future use of a redevelopment project area. See Arizona Laws 36-1471
  • Registered loan originator: means any individual who is both of the following:

    (a) A loan originator who is registered with and maintains a unique identifier through the nationwide mortgage licensing system and registry established by the secure and fair enforcement for mortgage licensing act of 2008 (P. See Arizona Laws 6-991

  • Residential housing unit: means a one or two family dwelling unit, including a detached, semi-detached or duplex unit, or a multi-family dwelling unit including an apartment or condominium. See Arizona Laws 36-1636
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Risk assessment: means a procedure that produces a quantitative or qualitative estimate of public health risks from an environmental exposure. See Arizona Laws 36-1691
  • Safety glazing material: means any glazing material, including, but not limited to, tempered glass, laminated glass, wire glass or rigid plastic which meets the test requirements of the American national standards institute (ANSI) standard Z-97. See Arizona Laws 36-1631
  • Shipper: means a person that ships, transports, sells or markets citrus fruit under the person's registered trademark or label or a person that first markets the citrus fruit on behalf of the producer. See Arizona Laws 3-441
  • Sleeping area: means any area of a residential housing unit in which bedrooms or sleeping rooms are located. See Arizona Laws 36-1636
  • Slum area: means an area in which both of the following are true:

    (a) There is a predominance of buildings or improvements, whether residential or nonresidential. See Arizona Laws 36-1471

  • slum clearance and redevelopment commission: means an agency of a municipality created pursuant to section 36-1476. See Arizona Laws 36-1471
  • State public body: means any public housing authority, county, municipal corporation, commission, district, authority or other subdivision or public body of the state. See Arizona Laws 36-1401
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the superintendent of financial institutions. See Arizona Laws 6-101
  • Terminal illness: means a disease that, without life-sustaining procedures, will result in death in the near future or a state of permanent unconsciousness from which recovery is unlikely. See Arizona Laws 36-1311
  • Title: includes this title, title 32, chapters 9 and 36 and title 44, chapter 2. See Arizona Laws 6-101
  • 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.
  • 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.
  • Unique identifier: means the number assigned to the loan originator by the nationwide mortgage licensing system and registry or its successor or as the term is used under the secure and fair enforcement for mortgage licensing act of 2008 (P. See Arizona Laws 6-991
  • 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