Terms Used In Nebraska Statutes > Licensing of Truth and Deception Examiners Act

• Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
• 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.
• Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• 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.
• Examinee: shall mean the individual who is being examined, tested, or questioned by an examiner or intern for the purpose of verifying truthfulness or detecting deception. See Nebraska Statutes 81-1905
• Examiner: shall mean any polygraph examiner, voice analysis examiner, or any other person, other than an intern, who does any of the following:

  (1) Purports to verify truthfulness or to detect deception or to provide a diagnostic opinion regarding such truthfulness or deception through instrumentation or the use of a mechanical device. See Nebraska Statutes 81-1911

• Fraud: Intentional deception resulting in injury to another.
• 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.
• 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: shall mean any individual, firm, partnership, limited liability company, association, or corporation. See Nebraska Statutes 81-1906
• 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
• Polygraph: shall mean any mechanical or electronic instrument which uses attached sensors to record psychophysiological responses for the purpose of attempting to determine truth or deception and which records permanently and simultaneously at least three physiological responses. See Nebraska Statutes 81-1907
• Private examiner: shall mean any examiner who performs or purports to perform the service of attempting to verify truthfulness or detect deception or providing a diagnostic opinion regarding such truthfulness or deception under any circumstances other than as a public examiner. See Nebraska Statutes 81-1912
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public examiner: shall mean an examiner who performs or purports to perform the service of attempting to verify truthfulness or detect deception or providing a diagnostic opinion regarding such truthfulness or deception exclusively in his or her official capacity as a salaried employee of some agency or political subdivision of the state. See Nebraska Statutes 81-1913
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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.
• Secretary: shall mean the Secretary of State for the State of Nebraska. See Nebraska Statutes 81-1904
• 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
• Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
• United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
• Voice analysis examiner: shall mean any person, other than an intern, who uses an instrument capable of permanently recording on a graph one or more psychophysiological reactions present in the voice of an examinee for the purpose of attempting to determine truth or deception. See Nebraska Statutes 81-1910
• voice stress analyzer: shall mean a mechanical or electronic instrument capable of recording the human voice, which detects and measures pitch, amplitude, frequency, and other components of the human voice for the purpose of attempting to determine truth or deception, and whose records are permanently and simultaneously recorded. See Nebraska Statutes 81-1909
• Year: shall mean calendar year. See Nebraska Statutes 49-801