5-302 Assignment of Thing in Action
5-304 Married Women as Parties
5-305 Husband and Wife Sued Together
5-306 Infants and Insane Persons — Guardians Ad Litem
5-308 Action for Seduction
5-309 Action for Seduction — Prosecution by Parent or Guardian
5-310 Action for Injury to Unmarried Child
5-311 Suit for Wrongful Death by or Against Heirs or Personal Representatives — Damages
5-319 Death or Transfer of Interest — Procedure — Actions by or Against Public Officers
5-321 Interpleader
5-326 Unknown Owners or Heirs — Effect of Judgments and Decrees
5-327 Personal Injuries — Property Damage — Death of Wrongdoer — Death of Injured Party — Survival of Action
5-328 State a Party Defendant in Suit Affecting Title to Real or Personal Property
5-329 Service of Process Upon Attorney General
5-330 Immunity of Persons Giving Emergency First Aid From Damage Claim
5-331 Immunity of Volunteer Ambulance Attendant
5-332 Consent for Emergency Medical Treatment
5-333 Immunity of Underground Mine Rescue Participants, Their Employers and Representatives
5-334 Act or Omission Preventing Abortion Not Actionable
5-335 General Rules of Pleading — Claims for Relief
5-336 Demand for Judgment — Default Judgments
5-337 Immunity for Use of Automated External Defibrillator (Aed)
5-338 Immunity of Donors of Wild Game Meat
5-339 Immunity of Food Donor and Food Bank
5-340 Immunity of Radio and Television Broadcasting Organizations Participating in the Amber Alert System
5-341 Immunity of Employers Allowing Employee Firearm Storage
5-342 Immunity for Search and Rescue Operations
5-343 Immunity of Colleges and Universities Allowing Firearms
5-344 Immunity — Aid to Person in Vehicle

Terms Used In Idaho Code > Title 5 > Chapter 3

  • Aeronautics: means the science and art of flight and including, but not limited to, transportation by aircraft; the operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities; and instruction in flying or ground subjects pertaining thereto. See Idaho Code 21-101
  • 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.
  • Agency: means :
Idaho Code 22-2402
  • Agent: means any person who on behalf of any other person receives on consignment, contracts for, or solicits for sale on commission, any plant product from a producer of such product, or who negotiates the consignment or purchase of any plant product on behalf of any other person. See Idaho Code 22-2005
  • agricultural products: shall include horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products;
  • Idaho Code 22-2602
  • Agriculture: means the production of plants. See Idaho Code 22-2005
  • Air navigation facility: means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe takeoff, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities. See Idaho Code 21-101
  • Aircraft: means any contrivance now known or hereafter invented used or designed for navigation of or flight in the air. See Idaho Code 21-701
  • Aircraft: means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air for the carriage of pilots or passengers. See Idaho Code 21-101
  • Aircraft engine: means an engine used or intended to be used for propulsion of aircraft and includes all parts, appurtenances and accessories thereof other than propellers. See Idaho Code 21-701
  • Aircraft navigation facility: means any facility used in, available for use in, or designed for use in, aid of air navigation, including landing areas, lights, any apparatus or equipment for disseminating weather information, for signaling, for radio-directional finding, or for radio or other electrical communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and takeoff of aircraft. See Idaho Code 21-701
  • Airman: means any individual who engages, as the person in command or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way, and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances, and any individual who serves in the capacity of aircraft dispatcher, or air traffic control tower operator; but does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances, to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by him. See Idaho Code 21-101
  • Airport: means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. See Idaho Code 21-501
  • Airport: means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. See Idaho Code 21-101
  • Allegation: something that someone says happened.
  • 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.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Apiary: means any place where one (1) or more colonies of bees are kept, or one (1) or more hives containing honey combs or bee combs are kept. See Idaho Code 22-2502
  • 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.
  • Appliance: means any box, tray, container, ladder, tent vehicle, implement or other article which is, or may be, used in connection with the growing, harvesting, handling or transportation of any agricultural commodity. See Idaho Code 22-2005
  • Applicable fund or account: means :
  • Idaho Code 22-2402
  • 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
  • Area: means any political division or subdivision or any officially defined area including adjacent parts of contiguous political divisions or subdivisions. See Idaho Code 22-2005
  • Arrest: Taking physical custody of a person by lawful authority.
  • Article: means a particular kind of object, and includes any type of conveyance, mode of transport or associated materials such as water. See Idaho Code 22-2402
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: means any corporation organized under this chapter; and
  • Idaho Code 22-2602
  • Aviation hazard: means any new or existing structure, object of natural growth, use of land, or modification thereto, which endangers the lives and property of users of an airport, or of occupants of land in its vicinity, and that reduces the size of the area available for landing, taking off and maneuvering of aircraft, or extends up into the airspace between airports to cause disastrous and needless loss of life and property. See Idaho Code 21-501
  • Bee diseases: means a condition of a colony of bees wherein sufficient numbers of individual bees or the colony as a whole are afflicted by or infested with bacterial, fungal, viral, parasitic, or other organisms to the extent that the well-being of the colony is affected. See Idaho Code 22-2502
  • Bees: means any stage of common honey bee, Apis mellifera L. See Idaho Code 22-2502
  • Bequest: Property gifted by will.
  • Board: means the Idaho transportation board. See Idaho Code 21-501
  • Board: means the Idaho transportation board. See Idaho Code 21-101
  • Brand: means a term, design, or trademark used in connection with one (1) or several grades of fertilizer. See Idaho Code 22-603
  • Brand: means the term, designation, trademark, product name or other specific designation under which individual soil amendments or plant amendments are offered for sale. See Idaho Code 22-2203
  • Bulk: means in nonpackaged form or in packages of one (1) cubic yard or more. See Idaho Code 22-2203
  • Bulk fertilizer: means a fertilizer distributed in a nonpackaged form. See Idaho Code 22-603
  • Certificate: means a document authorized or prepared by a duly authorized federal or state regulatory official that affirms, declares or verifies that an article, nursery stock, plant product, shipment or any other officially regulated article meets phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or certification, or other set of legal requirements. See Idaho Code 22-2005
  • Certification: means the official act of affirming, declaring or verifying compliance with phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or any other set of legal requirements. See Idaho Code 22-2005
  • Colony: means the hive and bees therein with or without extra supers. See Idaho Code 22-2502
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Containment: means halting the spread of a weed infestation beyond specified boundaries. See Idaho Code 22-2402
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means abatement, suppression, containment or eradication of a pest population. See Idaho Code 22-2005
  • Control: means any or all of the following: prevention, rehabilitation, eradication or modified treatments. See Idaho Code 22-2402
  • Control authority: means :
  • Idaho Code 22-2402
  • Control order: means a written directive from the director requiring the control of a pest. See Idaho Code 22-2005
  • Conveyance: means a method of transportation. See Idaho Code 22-2005
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Crop management area: means that area in which certain specified crop management practices are required. See Idaho Code 22-2005
  • Customer formula fertilizer: means a mixture of fertilizer or materials of which each batch is mixed according to the specific instructions of the final purchaser. See Idaho Code 22-603
  • Customer formula mix: means a soil amendment or plant amendment which is prepared to the specifications of the final purchaser. See Idaho Code 22-2203
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed, which may result from a lack of nutrient ingredients or from lack of uniformity. See Idaho Code 22-603
  • Deficiency: means the amount of ingredient found by analysis to be less than that guaranteed, which may result from a lack of ingredients or lack of uniformity. See Idaho Code 22-2203
  • Department: means the Idaho transportation department. See Idaho Code 21-501
  • Department: means the department of agriculture of the state of Idaho. See Idaho Code 22-501
  • Department: means the Idaho state department of agriculture or its authorized representative. See Idaho Code 22-603
  • Department: means the Idaho state department of agriculture. See Idaho Code 22-2005
  • Department: means the Idaho department of agriculture. See Idaho Code 22-2203
  • Department: means the Idaho state department of agriculture. See Idaho Code 22-2402
  • Department: means the Idaho transportation department. See Idaho Code 21-101
  • 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.
  • Devise: To gift property by will.
  • Director: means the director of the Idaho transportation department or his agent. See Idaho Code 21-501
  • Director: means the director of the Idaho department of agriculture. See Idaho Code 22-501
  • Director: means the director of the Idaho state department of agriculture or his duly authorized representative. See Idaho Code 22-2005
  • Director: means the director of the Idaho department of agriculture or his duly authorized representative. See Idaho Code 22-2203
  • Director: means the director of the department of agriculture or the director’s designated agent. See Idaho Code 22-2402
  • Director: means the director of the Idaho department of agriculture or his designated agent. See Idaho Code 22-2502
  • Director: means the director of the Idaho transportation department. See Idaho Code 21-101
  • Distribute: means to import, consign, manufacture, produce, compound, mix, or blend fertilizer, or to offer for sale, sell, barter or otherwise distribute or supply fertilizer in this state. See Idaho Code 22-603
  • Distribute: means to import, consign, manufacture, produce, compound, mix, or blend soil amendments or plant amendments, or to offer for sale, sell, barter or otherwise supply soil amendments and plant amendments in this state. See Idaho Code 22-2203
  • Distributor: means any person who distributes. See Idaho Code 22-603
  • Distributor: means any person who distributes. See Idaho Code 22-2203
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Economically unacceptable impact: means that level of adverse economic impact which is identified and defined for plants for planting by a duly authorized federal or state plant protection organization. See Idaho Code 22-2005
  • Equipment: means hives, supers, frames, veils, gloves or any apparatus, tools, machines or other devices used in the handling and manipulation of bees, wax and hives, and shall also include any containers for honey and wax which may be used in any apiary or in transporting bees and their products and apiary supplies. See Idaho Code 22-2502
  • 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
  • Eradication: means elimination of a pest based on absence determined by a negative, mutually agreed upon verification survey for the target pest. See Idaho Code 22-2005
  • Eradication: means the elimination of a noxious weed based on absence as determined by a visual inspection by the control authority during the current growing season. See Idaho Code 22-2402
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Exotic strain of bees: means African or Africanized bees (Apis mellifera scutellata) or any other developed strain of bees known to be harmful, but not known to be present ordinarily in this state. See Idaho Code 22-2502
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fertilizer: means any substance containing one (1) or more recognized plant nutrient which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, and includes limes and gypsum. See Idaho Code 22-603
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Free from: means that either a valid detection survey has been performed or there is no published record showing that a specific pest is present; or that the article, nursery stock, plant, plant product or any other regulated article has been visually inspected or tested in accordance with specified requirements and that no live life stage of the regulated pest(s) was found. See Idaho Code 22-2005
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grade: means the percentage of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. See Idaho Code 22-603
  • Guaranteed analysis: means the minimum percentage of plant nutrients claimed, for a total nitrogen, available phosphate, or soluble potash fertilizer, consistent with the grade and in the following order and form:
  • Idaho Code 22-603
  • 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.
  • Hive: means frame, hive, box, barrel, log gum, skep, or any other receptacle or container, natural or artificial, or any part thereof, which may be used as a domicile for bees. See Idaho Code 22-2502
  • Hold order or stop sale: means any written directive issued by the director to a person who owns or controls any appliance, article, nursery stock, plant, plant product or any other article that has been determined to be, or likely to be, infested with regulated pest(s) or otherwise not in compliance with this chapter or rules promulgated hereunder, prohibiting movement from one location to another, except as otherwise prescribed in the directive. See Idaho Code 22-2005
  • Host: means any appliance, article, commodity, nursery stock, plant, plant product or any other item which may or may not be capable of transporting a pest from one place to another. See Idaho Code 22-2005
  • Infected: means a plant that has been determined by the department to be contaminated with an infectious, transmissible, or contagious plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist. See Idaho Code 22-2005
  • Infested: means a plant that has been determined by the department to be contaminated by a plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist. See Idaho Code 22-2005
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • Intestate: Dying without leaving a will.
  • Investigator: means any person duly authorized by the director to perform any required regulatory activity. See Idaho Code 22-2005
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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.
  • Label: means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer. See Idaho Code 22-603
  • Label: means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a soil amendment or plant amendment. See Idaho Code 22-2203
  • Labeling: means all written, printed, or graphic matter, upon or accompanying any fertilizer, or advertisements, brochures, posters, and television and radio announcements used in promoting the sale of such fertilizer. See Idaho Code 22-603
  • Labeling: means all written, printed or graphic matter, upon or accompanying any soil amendment or plant amendment, or advertisements, brochures, posters, or television or radio announcements used in promoting the sale of the soil amendment or plant amendment. See Idaho Code 22-2203
  • Land: means all soil or water or other growing medium. See Idaho Code 22-2402
  • Landowner: means :
  • Idaho Code 22-2402
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited distribution: means a pest known to occur in the state, but with a limited distribution to a single small geographic area or a few small geographic areas which are widely separated within the state. See Idaho Code 22-2005
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Management area: means that area in which certain specified crop management practices are required. See Idaho Code 22-2005
  • Manufacture: means to compound, produce, granulate, mix, blend, repackage, or otherwise alter the composition of fertilizer materials. See Idaho Code 22-603
  • Mark: means , for purposes of identification or separation, the department may affix a conspicuous official indicator to, on, around or near, plants or plant material known, or suspected to be, infected or infested with a plant pest. See Idaho Code 22-2005
  • member: shall include actual members of associations without capital stock and holders of common stock in associations organized with capital stock;
  • Idaho Code 22-2602
  • Micronutrient: means boron (B), chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), nickel (Ni), sodium (Na), and zinc (Zn). See Idaho Code 22-603
  • 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 Idaho Code 73-114
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Move: means to ship, offer for shipment, receive for transport, carry or, in any manner whatsoever, relocate a regulated article from one place to another. See Idaho Code 22-2005
  • Municipal: means pertaining to a municipality as herein defined. See Idaho Code 21-101
  • Municipality: means any county, city, district or other political subdivision or public corporation of this state. See Idaho Code 21-101
  • Noxious weed: means any plant having the potential to cause injury to public health, crops, livestock, land or other property; and which is designated as noxious by the director. See Idaho Code 22-2402
  • Nursery stock: means all plants or any part thereof, such as aquatic or herbaceous plants, bulbs, sod, buds, corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of fruits, forest and ornamental trees and shrubs, berry plants, and all trees, shrubs, vines, and plants collected in the wild that are grown or kept for propagation or sale. See Idaho Code 22-2005
  • 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.
  • Official: means authorized, implemented and directed, or performed by a government plant protection organization. See Idaho Code 22-2005
  • Official sample: means any sample of fertilizer taken by the director or his authorized agent and designated as "official" by the department. See Idaho Code 22-603
  • Official sample: means any sample of soil amendment or plant amendment taken by the director or his agent. See Idaho Code 22-2203
  • Officially controlled: means the conduct, by an official government plant protection organization, of eradication or intensive suppression activity including various treatments, quarantine and other measures with the goal of eliminating an isolated infestation or prevention of further spread within the endangered area. See Idaho Code 22-2005
  • Other ingredients: means the nonsoil amending or nonplant amending ingredients present in soil amendments or plant amendments. See Idaho Code 22-2203
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the person, with the legal right of possession, proprietorship of, or responsibility for the property or place where any of the regulated articles as defined in this chapter are to be found, or the person who is in possession of, in proprietorship of, or has responsibility for the regulated articles. See Idaho Code 22-2005
  • 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.
  • Permit: means any official document that allows the movement of any regulated article from one location to another in accordance with specified conditions or requirements and for a specified purpose. See Idaho Code 22-2005
  • Person: means any individual, firm, copartnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. See Idaho Code 21-501
  • Person: means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof. See Idaho Code 21-701
  • Person: means any individual, partnership, corporation, firm, association or agent. See Idaho Code 22-501
  • Person: means an individual, partnership, association, firm or corporation. See Idaho Code 22-603
  • Person: means , but is not limited to, any individual, partnership, corporation, company, firm, society, association, organization, government agency or any other entity. See Idaho Code 22-2005
  • person: includes a corporation as well as a natural person;
  • Idaho Code 73-114
  • Person: means individual, partnership, association, firm or corporation. See Idaho Code 22-2203
  • Person: means any individual, partnership, firm, agency, corporation, company, society or association. See Idaho Code 22-2402
  • person: shall include individuals, firms, partnerships, corporations and associations. See Idaho Code 22-2602
  • 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 Idaho Code 21-101
  • Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114
  • Persons: means individuals, associations, partnerships and corporations. See Idaho Code 22-2502
  • Pest: means any insect, snail, rodent, nematode, fungus, virus, bacterium, microorganism, mycoplasma-like organism, weed, plant, or parasitic higher plant and any other pest as defined by rule or any of the following that is known to cause damage or harm to agriculture or the environment:
  • Idaho Code 22-2005
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plant: means any part of a plant, tree, aquatic plant, plant product, plant material, shrub, vine, fruit, rhizome, sod, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit pit, also including:
  • Idaho Code 22-2005
  • Plant amendment: means any natural or synthetic substance applied to plants or seeds which is intended to improve germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plants except commercial fertilizers, soil amendments, limes, unmanipulated animal manure and vegetable organic waste-derived materials, pesticides, mulch and other materials which may be exempted by rule. See Idaho Code 22-2203
  • 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.
  • 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.
  • Potatoes: means potatoes (Solanum tuberosum) that may be sold for or used as seed potatoes. See Idaho Code 22-501
  • 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
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preclearance: means an agreement between quarantine officials of exporting and importing states or countries to pass plants through quarantine by allowing the exporting state or country to inspect the plants preshipment, rather than the importing state or country inspecting the shipment upon arrival. See Idaho Code 22-2005
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Prevention: means :
  • Idaho Code 22-2402
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Propeller: includes all parts, appurtenances, and accessories thereof. See Idaho Code 21-701
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public nuisance: means any premises, plant, appliance, conveyance or article which is infected or infested with any plant pest that may cause significant damage or harm, or premises where any plant pest is found. See Idaho Code 22-2005
  • Quarantine: means a restriction imposed by a duly authorized plant regulatory agency whereby the production, movement or existence of plants, or any other article or material, or the normal activity of persons, is brought under regulation, in order that the introduction or spread of a pest may be prevented or limited, or in order that a pest already introduced may be controlled or eradicated, thereby reducing or avoiding losses that would otherwise occur through damage done by the pest or through continuing cost of control measures. See Idaho Code 22-2005
  • Quarantine: means the regulation of the production, movement, or existence of plants, plant products, animals, animal products, or any other article or material, or the normal activity of persons, to prevent or limit introduction or spread of noxious weeds. See Idaho Code 22-2402
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Registered mail: includes certified mail. See Idaho Code 73-114
  • Registrant: means the person who registers fertilizer under the provisions of this act. See Idaho Code 22-603
  • Registrant: means the person(s) who registers soil amendments or plant amendments under this chapter. See Idaho Code 22-2203
  • Regulated article: means any item the movement of which is governed by a quarantine or any other rule. See Idaho Code 22-2005
  • Regulated nonquarantine pest: means a nonquarantine pest whose presence affects the intended use of plants with an economically unacceptable impact. See Idaho Code 22-2005
  • Regulated pest: means quarantine pest or regulated nonquarantine pest. See Idaho Code 22-2005
  • Rehabilitation: means the process of reconditioning formerly weed infested land to a productive or desirable condition. See Idaho Code 22-2402
  • 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.
  • Research facility: means :
  • Idaho Code 22-2402
  • Researcher: means someone who has the generally accepted education, experience and position within the biological control research community. See Idaho Code 22-2402
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111
  • 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.
  • Shipment: means anything which is, may be, or has been transported from one place to another. See Idaho Code 22-2005
  • Significant damage or harm: means that level of economic impact that results in damage, injury or loss that exceeds the cost of control for a particular crop. See Idaho Code 22-2005
  • Soil amendment: means :
  • Idaho Code 22-2203
  • Specialty fertilizer: means a fertilizer distributed for nonagricultural use. See Idaho Code 22-603
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • State noxious weed advisory committee: means an advisory committee appointed by the director to advise and to assist in development, modification and direction of a statewide noxious weed management strategy. See Idaho Code 22-2402
  • State plant regulatory official: means the employee(s) designated to enforce the provisions of a state’s plant pest laws, quarantines and rules. See Idaho Code 22-2005
  • State quarantine: means a rule promulgated pursuant to state authority that identifies a pest or pests and imposes requirements for certification of regulated articles as being in compliance with specified restrictions or requirements for pest freedom. See Idaho Code 22-2005
  • Statute: A law passed by a legislature.
  • Storage container: means a container, including a railcar, nurse tank or other container that is used or intended for the storage of bulk liquid or dry fertilizer. See Idaho Code 22-603
  • Storage facility: means a location at which undivided quantities of liquid bulk fertilizer in excess of five hundred (500) U. See Idaho Code 22-603
  • Structure: means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. See Idaho Code 21-501
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Suppressive area: means a plant pest infested area where phytosanitary measures are being applied to reduce the plant pest population and thereby limit the spread of the pest. See Idaho Code 22-2005
  • Survey: means the systematic search for pests in accordance with mutually agreed upon methods designed to assure confidence in their meaning and accuracy for pest prevention purposes such as control, verification of pest-free areas, identification of possible harm, evaluation of probability of harm, and taking appropriate actions to prevent predicted significant harm. See Idaho Code 22-2005
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • this state: means the state of Idaho. See Idaho Code 21-501
  • this state: means the state of Idaho. See Idaho Code 21-101
  • Ton: means a net weight of two thousand (2,000) pounds avoirdupois. See Idaho Code 22-603
  • Ton: means a net weight of two thousand (2,000)  pounds avoirdupois. See Idaho Code 22-2203
  • Tonnage-only distributor: means any person who assumes the responsibility for inspection fees and reports as provided for in sections 22-608(1) and 22-609, Idaho Code. See Idaho Code 22-603
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Verification of label claims: means explanatory information describing how the registrant determined the truthfulness and accuracy of the registrant’s words or statements describing the product according to recognized standards. See Idaho Code 22-2203
  • Viable: means a plant or plant part capable of surviving or living successfully, especially under particular environmental conditions. See Idaho Code 22-2402
  • Waste-derived fertilizer: includes any commercial fertilizer derived from an industrial byproduct, coproduct or other material that would otherwise be disposed of if a market for reuse were not an option, but does not include fertilizers derived from biosolids or biosolid products regulated under the code of federal regulations, 40 CFR 503, as amended. See Idaho Code 22-603
  • waste-derived plant amendment: means any soil amendment or plant amendment that is derived from an industrial byproduct, coproduct or other material that would otherwise be disposed of if a market for reuse were not an option, but does not include any soil amendment or plant amendment derived from biosolids or biosolid products regulated under the code of federal regulations, 40 CFR 503, as amended. See Idaho Code 22-2203
  • Waters: means all the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through, or which border upon the state. See Idaho Code 22-2402
  • Weed control advisory committee: means a committee established by weed control agencies or authorities, at the county level, or a steering committee of a cooperative weed management area, to develop and to recommend implementation of integrated weed management plans and strategies. See Idaho Code 22-2402
  • Weight: means the weight of material as offered for sale. See Idaho Code 22-2203