Terms Used In Nebraska Statutes > Behavior Analyst Practice Act

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Behavior technician: means an individual who practices under the close, ongoing supervision of a licensed behavior analyst or a licensed assistant behavior analyst. See Nebraska Statutes 38-4403
• Board: means the Board of Behavior Analysts. See Nebraska Statutes 38-4404
• Certifying entity: means the Behavior Analyst Certification Board or another equivalent entity approved by the Board of Behavior Analysts which has programs to credential practitioners of applied behavior analysis that have substantially equivalent requirements as the programs offered by the Behavior Analyst Certification Board as determined by the Board of Behavior Analysts. See Nebraska Statutes 38-4405
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• 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.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• 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.
• Juror: A person who is on the jury.
• Licensed assistant behavior analyst: means an individual practicing under the close ongoing supervision of a licensed behavior analyst and who also meets the requirements specified in section 38-4410 and is issued a license as a licensed assistant behavior analyst under the Behavior Analyst Practice Act by the department. See Nebraska Statutes 38-4406
• Licensed behavior analyst: means an individual who meets the requirements specified in section 38-4410 and who is issued a license as a licensed behavior analyst under the Behavior Analyst Practice Act by the department. See Nebraska Statutes 38-4407
• No true bill: A legal procedure to dismiss charges against a defendant when the grand jury does not find enough evidence to charge the defendant with violating a law. Also called a "no bill."
• Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
• Practice of applied behavior analysis: includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. See Nebraska Statutes 38-4408
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
• State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• True bill: Another word for indictment.
• Year: shall mean calendar year. See Nebraska Statutes 49-801