Terms Used In Arizona Laws > Title 9 > Chapter 5 > Article 3
- Action: includes any matter or proceeding in a court, civil or criminal. 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) With respect to an individual:
(i) A companion of the individual. See Arizona Laws 33-2601
- Allotment: means the allocation of an appropriation or other fund source over a full fiscal year within a budget program or expenditure class. See Arizona Laws 35-101
- 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.
- 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.
- 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
- Architect services: means those professional architect services that are within the scope of architectural practice as provided in title 32, chapter 1. See Arizona Laws 34-101
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Authorized agent: means a commercial enterprise that is contracted to process transactions on behalf of a state agency. See Arizona Laws 35-101
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Bond: means any bond issued pursuant to this article, including any tax secured bond. See Arizona Laws 9-521
- Budget estimates: means statements with accompanying explanations, as provided by this chapter, in which a budget unit states its financial requirements and requests appropriations. See Arizona Laws 35-101
- Budget program: means functions and activities of a budget unit or within a budget unit that are preplanned to fulfill a distinct mission. See Arizona Laws 35-101
- Budget unit: means any department, commission, board, institution or other agency of this state receiving, expending or disbursing state monies or incurring obligations against this state. See Arizona Laws 35-101
- Cardholder: means any person:
(a) Named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. See Arizona Laws 35-101
- Child pornography: means the visual depiction of sexual exploitation of a minor as prescribed in section 13-3553. See Arizona Laws 34-501
- Claim: means a demand against the state for payment for either:
(a) Goods delivered or, in the case of highway construction, goods or facilities to be delivered by the federal government. See Arizona Laws 35-101
- Companion: means :
(a) The spouse of an individual. See Arizona Laws 33-2601
- Construction services: means either of the following for construction-manager-at-risk, design-build and job-order-contracting project delivery methods:
(a) Construction, excluding services, through the construction-manager-at-risk or job-order-contracting project delivery methods. See Arizona Laws 34-101
- Construction-manager-at-risk: means a project delivery method in which:
(a) There is a separate contract for design services and a separate contract for construction services, except that instead of a single contract for construction services, the agent may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services. See Arizona Laws 34-101
- Contract: means all types of agent agreements, regardless of what they are called, for the procurement of services pursuant to this title. See Arizona Laws 34-101
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means all types of agent agreements, regardless of what they are called, for the procurement of assayer services, construction services, design services, geologist services or land surveying services. See Arizona Laws 34-601
- Contractor: means any person who has a contract with an agent. See Arizona Laws 34-101
- Contractor: means any person who has a contract with an agent for assayer services, construction services, design services, geologist services or land surveying services. See Arizona Laws 34-601
- Convenience fee: means an additional fee that is imposed by an authorized agent on a web-based or voice response portal transaction for the acceptance of a credit card that would not be charged if the same transaction were completed by an alternate method of payment. See Arizona Laws 35-101
- 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 the superior court. See Arizona Laws 33-2601
- Credit card: means :
(a) Any instrument or device, whether known as a credit card, charge card, credit plate, courtesy card or identification card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value, either on credit or in possession or in consideration of an undertaking or guaranty by the issuer of the payment of a check drawn by the cardholder, on a promise to pay in part or in full at a future time, whether or not all or any part of the indebtedness represented by this promise to make deferred payment is secured or unsecured. See Arizona Laws 35-101
- 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.
- Dependent: A person dependent for support upon another.
- Design professional: means an individual or firm that is registered by the state board of technical registration pursuant to title 32, chapter 1 to practice architecture, engineering, geology, landscape architecture or land surveying or any combination of those professions and persons employed by the registered individual or firm. See Arizona Laws 34-101
- Design services: means architect services, engineer services or landscape architect services. See Arizona Laws 34-101
- Design-bid-build: means a project delivery method in which:
(a) There is a sequential award of two separate contracts. See Arizona Laws 34-101
- Design-build: means a project delivery method in which:
(a) There is a single contract for design services and construction services, except that instead of a single contract for design services and construction services, the agent may elect separate contracts for preconstruction services and design services during the design phase, for construction and design services during the construction phase and for any other construction services. See Arizona Laws 34-101
- Devise: To gift property by will.
- Direct selection: means the selection of a technical registrant without the requirement of advertising or the use of a current register. See Arizona Laws 34-101
- Discount fee: means the fee that is calculated and charged by the credit card issuer or a financial institution pursuant to an agreement for the processing of any credit card transaction. See Arizona Laws 35-101
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Encumbrance: means an obligation in the form of any purchase order, contract or other commitment that is chargeable to an appropriation or any other authorized fund source and for which a part of the fund source is reserved. See Arizona Laws 35-101
- Engineer services: means those professional engineer services that are within the scope of engineering practice as provided in title 32, chapter 1. See Arizona Laws 34-101
- 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.
- 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.
- Executory contract: means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach. See Arizona Laws 33-2601
- Expenditure class: means one of the kinds of expenditure denoting a class of services or commodities purchased or properties acquired as specified in the classification of expenditures prescribed by the director of the department of administration for use in expenditure accounting, in making budget estimates and in the budget reports and budgets. See Arizona Laws 35-101
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: A trustee, executor, or administrator.
- Finance services: means financing for a construction services project. See Arizona Laws 34-101
- 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 Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
- 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.
- 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, commission or other body having charge of the financial affairs of a municipality. See Arizona Laws 9-521
- Governmental agency: includes this state, agencies, boards, commissions, departments, institutions and political subdivisions of this state, municipal corporations and all other public bodies which may enter into contracts for the construction or repair of highways, buildings or structures, or additions or alterations to highways, buildings or structures, or for the furnishing of equipment, labor or materials. See Arizona Laws 34-251
- Governmental unit: means an office, department, division, bureau, board, commission or other agency of this state or a subdivision of this state. See Arizona Laws 33-2601
- Grantor: includes every person from or by whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
- Horizontal construction: means construction of highways, roads, streets, bridges, canals, floodways, earthen dams, landfills, light rail and airport runways, taxiways and aprons. See Arizona Laws 34-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
- Issuer: means any business organization, state agency or financial institution, or its duly authorized agent, that issues a credit card. See Arizona Laws 35-101
- Job-order-contracting: means a project delivery method in which:
(a) The contract is a requirements contract for indefinite quantities of construction. See Arizona Laws 34-101
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- 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.
- Landscape architect services: means those professional landscape architect services that are within the scope of landscape architectural practice as provided in title 32, chapter 1. See Arizona Laws 34-101
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lien: means an interest in property that secures payment or performance of an obligation. See Arizona Laws 33-2601
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Maintenance services: means routine maintenance, repair and replacement of existing facilities, structures, buildings or real property. See Arizona Laws 34-101
- 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
- Mortgage: means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if it also creates or provides for a lien on personal property. See Arizona Laws 33-2601
- Mortgagee: means a person entitled to enforce an obligation secured by a mortgage. See Arizona Laws 33-2601
- Mortgagor: means a person that grants a mortgage or a successor in ownership of the real property described in the mortgage. See Arizona Laws 33-2601
- Municipality: means any incorporated city or town. See Arizona Laws 9-521
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- 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.
- Operations services: means routine operation of existing facilities, structures, buildings or real property. See Arizona Laws 34-101
- Owner: means the person for whose property a receiver is appointed. See Arizona Laws 33-2601
- 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: means any individual, partnership, corporation, association or other entity formed for the purpose of doing business as a contractor, subcontractor or supplier. See Arizona Laws 34-251
- Person: means any corporation, business, individual, union, committee, club, other organization or group of individuals. See Arizona Laws 34-101
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Arizona Laws 33-2601
- Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
- Preconstruction services: means services and other activities during the design phase. See Arizona Laws 34-101
- Prepayment: means the payment of a claim before receiving the goods or services. See Arizona Laws 35-101
- Proceeds: means the following property:
(a) Whatever is acquired on the sale, lease, license, exchange or other disposition of receivership property. See Arizona Laws 33-2601
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Processing fee: means a fee that is charged by an entity other than a credit card issuer or the processing financial institution to process a credit card transaction. See Arizona Laws 35-101
- Property: includes both real and personal property. See Arizona Laws 1-215
- Property: means all of a person's right, title and interest, both legal and equitable, in real and personal property, tangible and intangible, wherever located and however acquired. See Arizona Laws 33-2601
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public access computer: means a computer that is all of the following:
(a) Located in a public school or public library. See Arizona Laws 34-501
- Public competition: means a competitive procurement process pursuant to section 34-103, subsection G that includes advertising in a public newspaper and a qualification-based selection process. See Arizona Laws 34-101
- Purchase order: means a document that is signed by the appropriate agency authorized signatory, that requests a vendor to deliver described goods or services at a specific price and that on delivery and acceptance of the goods or services by this state becomes an obligation of this state. See Arizona Laws 35-101
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Receiver: means a person who is appointed by the court as the court's agent and, subject to the court's direction, to take possession of, manage, and, if authorized by this chapter or court order, transfer, sell, lease, license, exchange, collect or otherwise dispose of receivership property. See Arizona Laws 33-2601
- Receivership: means a proceeding in which a receiver is appointed. See Arizona Laws 33-2601
- Receivership property: means the property of an owner that is described in the order appointing a receiver or a subsequent order. See Arizona Laws 33-2601
- 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.
- Rents: means :
(a) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person. See Arizona Laws 33-2601
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Secured obligation: means an obligation the payment or performance of which is secured by a security agreement. See Arizona Laws 33-2601
- Security agreement: means an agreement that creates or provides for a lien. See Arizona Laws 33-2601
- Service fee or surcharge: means a fee, whether fixed or variable, that is in addition to the transaction amount, that is charged by a state agency when the state agency accepts a credit card for payment and that is necessary for the state agency to process the payment. See Arizona Laws 35-101
- 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.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 33-2601
- Statute: A law passed by a legislature.
- Subcontractor: means a person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with an agent. See Arizona Laws 34-101
- Subpoena: A command to a witness to appear and give testimony.
- substitute check: means a paper reproduction of an original warrant or check that is created from an electronic image of the original warrant or check and that meets all of the following:
1. See Arizona Laws 35-101.01
- Tax secured bond: means any bond authorized and issued pursuant to both this article and title 35, chapter 3, article 3. See Arizona Laws 9-521
- Technical registrant: means a person who provides any of the professional services listed in title 32, chapter 1. See Arizona Laws 34-101
- Technology protection measure: means a technology that blocks or filters internet access to visual depictions. See Arizona Laws 34-501
- Transaction amount: means the total amount due to the state for any goods, service or license or anything else of value. See Arizona Laws 35-101
- 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
- Utility undertaking: means any one or combination of the following:
(a) Electric light or power, water, storm water, sewer, gas, common carrier of passengers, garbage, or rubbish plant or system, including but not limited to disposal, treatment or reduction plants, buildings, incinerators, dams and reservoirs. See Arizona Laws 9-521
- Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
- Writing: includes printing. See Arizona Laws 1-215