Idaho Code > Title 7 > Chapter 6 – Contempts
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Terms Used In Idaho Code > Title 7 > Chapter 6 - Contempts
- 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.
- Agricultural stormwater discharge: means a precipitation-related discharge of dairy byproducts from land areas under the control of a dairy farm where the dairy byproducts have been land applied in accordance with an approved nutrient management plan. See Idaho Code 37-604
- 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.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- anyone: shall mean any and all person or persons, corporations, firms, or other entities. See Idaho Code 38-101
- 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.
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Best management practice: means a practice, technique or measure that is determined to be a reasonable precaution, a cost-effective and practicable means of preventing or reducing the discharge of pollutants from a point source or a nonpoint source to a level compatible with environmental goals, including water quality goals and standards. See Idaho Code 37-604
- Board: shall mean the state board of land commissioners. See Idaho Code 38-101
- Buyer: means a person who buys or contracts to buy goods. See Idaho Code 28-2-103
- Certified planner: means a person who has completed nutrient management certification in accordance with the nutrient management standard and is approved by the department. See Idaho Code 37-604
- Chambers: A judge's office.
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- 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.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Dairy environmental management plan: means a plan for managing a dairy environmental management system. See Idaho Code 37-604
- Dairy environmental management system: means the areas and structures within a dairy farm where dairy byproducts are collected, stored, treated or applied to land. See Idaho Code 37-604
- Dairy farm: means land owned or operated by a department-permitted grade A or manufacture grade facility where one (1) or more milking cows, sheep or goats are kept, and from which all or a portion of the milk produced thereon is delivered, sold or offered for sale for human consumption. See Idaho Code 37-604
- Dairy nutrient management plan: means a plan prepared in conformance with the nutrient management standard for managing the land application of dairy byproducts that is prepared by a certified planner and approved by the department. See Idaho Code 37-604
- Dairy storage and containment facilities: means the areas and structures within a dairy farm where dairy byproducts are collected, stored or treated in conformance with engineering standards and specifications published by the United States department of agriculture natural resources conservation service or by the American society of agricultural and biological engineers (ASABE), or other equally protective criteria approved by the director. See Idaho Code 37-604
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- Department: means the Idaho department of agriculture. See Idaho Code 37-604
- Department: means the state department of health and welfare. See Idaho Code 37-3403
- 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.
- Director: means the director of the Idaho department of agriculture or his designee. See Idaho Code 37-604
- Director: means the director of the department. See Idaho Code 37-3403
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Entity: means :
Idaho Code 37-3403Evidence: 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. 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. 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. 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 Forest fire: as used in this chapter means any fire burning uncontrolled on any land covered wholly or in part by timber and/or other potential forest products, slash, brush, or other flammable vegetation. See Idaho Code 38-101 Forest land: means any land which has upon it sufficient brush or flammable forest growth of any kind or size, living or dead, standing or down, including debris or growth following a fire or removal of forest products, to constitute a fire menace to life (including animal) or property. See Idaho Code 38-101 Forest products: shall mean any ties, logs, poles, posts, cordwood, pulpwood or other timber products. See Idaho Code 38-101 Fraud: Intentional deception resulting in injury to another. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, 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. Improved lot or parcel: means forest land upon which a residential structure exists as determined by the department. See Idaho Code 38-101 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. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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. Land application: means spreading on, or incorporating into the soil mantle, dairy byproducts as a soil amendment for agricultural use of nutrients and for other beneficial purposes. See Idaho Code 37-604 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. 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. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Noncompliance: means a practice or condition that does not meet the requirements of a dairy environmental management plan. See Idaho Code 37-604 Nutrient management standard: means criteria for managing the land application of nutrients and soil amendments published in the United States department of agriculture, natural resources conservation service, conservation practice standard, nutrient management code 590, or other equally protective criteria approved by the director. See Idaho Code 37-604 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. 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, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity that is recognized by law as the subject of rights and duties. See Idaho Code 37-604 person: as used in this chapter shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies and associations. See Idaho Code 37-2511 Person: shall mean and include any person or persons, and any corporation, firm or other entity. See Idaho Code 38-101 person: includes a corporation as well as a natural person;
Idaho Code 73-114Personal property: All property that is not real property. 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 Plaintiff: The person who files the complaint in a civil lawsuit. 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. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Process water: means water directly or indirectly used or produced in dairy animal rearing, milk production and environmental management processes including, but not limited to: excess milk; spillage or overflow from watering, washing, spraying or cooling dairy animals; water containing dairy manure; water used in washing, cleaning, or flushing barns, manure pits and other areas involved in the milk production and environmental management processes; water used for dust control; and water that comes into contact with any raw materials, products, or byproducts of the dairy production and environmental management processes. See Idaho Code 37-604 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. Pseudoephedrine product: means any compound, mixture or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers. See Idaho Code 37-3301 Range fire: means any fire burning uncontrolled on any range land. See Idaho Code 38-101 Range land: means any land which is not cultivated and which has upon it native grasses or other forage plants making it best suited for grazing of domestic and wild animals and which land is adjacent to or intermingled with forest land. See Idaho Code 38-101 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Registered mail: includes certified mail. See Idaho Code 73-114 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. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retailer: means any person, other than a wholesaler, who sells or offers for sale or distributes at retail pseudoephedrine products, irrespective of the quantity or amount or the amount of sales of such pseudoephedrine products. See Idaho Code 37-3301 Seller: means a person who sells or contracts to sell goods. See Idaho Code 28-2-103 slashing: shall mean brush, severed limbs, poles, tops and/or other waste material incident to such cutting or to the clearing of land, which are four (4) inches and under in diameter. See Idaho Code 38-101 State: shall mean the state of Idaho. See Idaho Code 38-101 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 forester: as used in this chapter and wherever else it is used in the Idaho Code, shall mean the director of the department of lands or his duly authorized delegates or employees, including fire wardens and deputy fire wardens. See Idaho Code 38-101 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Unauthorized discharge: means a discharge of pollutants from a dairy farm to waters of the United States as defined in the federal clean water act that is required to be but is not authorized by an NPDES permit. See Idaho Code 37-604 Unauthorized release: means a release of dairy byproducts to ground water or surface waters of the state that are not waters of the United States or beyond land owned or operated by the dairy farm that results from a dairy farm’s failure to comply with its environmental management plan. See Idaho Code 37-604 Upset condition: means precipitation, earthquake, vandalism or other occurrence beyond the control of the dairy farm owner or operator that exceeds criteria for storage and containment facilities and nutrient management in an approved environmental management plan. See Idaho Code 37-604 Venue: The geographical location in which a case is tried.