Idaho Code > Title 9 > Chapter 3 – Public Writings
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Terms Used In Idaho Code > Title 9 > Chapter 3 - Public Writings
- Abandoned: shall mean when either of the following occurs:
Idaho Code 48-501Accountable person: means a director, officer, executive, manager, trustee, agent, or employee of a charitable organization. See Idaho Code 48-1903 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. 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. 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. Applicant: shall mean the person filing an application for registration of a mark under this act, and the legal representatives, successors, or assigns of such person. See Idaho Code 48-501 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 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Assistive device: is a n item, piece of equipment, or product system that is designated and used to increase, maintain or improve functional capabilities of individuals with disabilities in the areas of seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself or working. See Idaho Code 48-1402 Assistive device dealer: means a person who is in the business of selling new assistive devices. See Idaho Code 48-1402 Assistive device lessor: means a person who leases new assistive devices to consumers, or who holds the lessor’s rights, under a written lease. See Idaho Code 48-1402 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attorney general: means the attorney general of the state of Idaho or the attorney general’s designee. See Idaho Code 48-1903 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 Board: means the state board of land commissioners or such representative as may be designated by the board. See Idaho Code 47-1313 Certification mark: shall mean any word, name, symbol or device or any combination thereof: (a) used by a person other than its owner, or (b) which its owner has a bona fide intention to permit a person other than the owner to use in commerce and files an application to register on the principal register established by this chapter to certify regional or other origin, material, mode of manufacture, quality, accuracy or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization. See Idaho Code 48-501 Chambers: A judge's office. Charitable asset: means any interest in real or personal property and any other article, commodity, or thing of value that is impressed with a charitable purpose but does not include private assets held in a split-interest trust, as described in section 4947(a)(2) of the Internal Revenue Code, as referenced in section 63-3004, Idaho Code. See Idaho Code 48-1903 Charitable organization: means a person who holds charitable assets regardless of the legal form. See Idaho Code 48-1903 Charitable purpose: means the relief of poverty, the advancement of knowledge, education, or religion, or the promotion of health, the environment, civic or patriotic matters, or any other purpose, the achievement of which is beneficial to the community. See Idaho Code 48-1903 Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority. Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an alternative assistive device. See Idaho Code 48-1402 Collective mark: shall mean a trademark or service mark: (a) used by the members of a cooperative, an association, or other collective group or organization; or (b) which such cooperative association or other collective group or organization has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, and includes marks indicating membership in a union, an association or other organization. See Idaho Code 48-501 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Computer program: means information which is capable of causing a computer to perform logical operation(s) and:
Idaho Code 48-801Consumer: means a person who, for primarily personal, family, or household purposes:
Idaho Code 48-1802Continuance: 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. Copyright owner: means the owner of a copyright of a nondramatic musical or similar work recognized and enforceable under the copyright laws of the United States pursuant to title 17 of the United States Code, P. See Idaho Code 48-1302 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. County recorder: means a county’s clerk of the district court, elected or appointed pursuant to article V of the constitution of the state of Idaho, who serves as ex officio recorder under article XVIII of the constitution of the state of Idaho or any other individual officially designated to serve in said capacity. See Idaho Code 48-2002 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Demand letter: means a letter, e-mail or other communication asserting or claiming that the target has engaged in patent infringement, or that the actions of the target would benefit from the grant of a license to any patent, or any similar assertion. See Idaho Code 48-1702 Dependent: A person dependent for support upon another. Dilution: shall mean the lessening of the capacity of registrant’s mark to identify and distinguish goods or services, regardless of the presence or absence of: (a) competition between the parties, or (b) likelihood of confusion, mistake or deception. See Idaho Code 48-501 Director: means the director of the department of lands or such representative as may be designated by the director. See Idaho Code 47-1313 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Disturbed land: means land, natural watercourses, or existing stockpiles and waste piles affected by placer or dredge mining, remining, exploration, stockpiling of ore or wastes from placer or dredge mining, or construction of roads, tailings ponds, structures, or facilities appurtenant to placer or dredge mining operations. See Idaho Code 47-1313 Docket: A log containing brief entries of court proceedings. dredge or other placer mining: means the extraction of minerals from a placer deposit, including remining for sale, processing, or other disposition of earth material excavated from previous placer or dredge mining. See Idaho Code 47-1313 Early termination savings: means an expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to the manufacturer. See Idaho Code 48-1402 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. Ex officio: Literally, by virtue of one's office. 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. Fiduciary: A trustee, executor, or administrator. Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC 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. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. 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. Idaho person: means a person as defined in section 48-602, Idaho Code. See Idaho Code 48-1702 Improper means: include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Idaho Code 48-801 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 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. Juristic person: shall mean a firm, partnership, corporation, limited liability company or partnership, union, association, or other organization capable of suing and being sued in a court of law. See Idaho Code 48-501 Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. 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. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Manufacturer: means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, a factory branch, and a warrantor of the manufacturer’s assistive device. See Idaho Code 48-1402 Mark: shall mean any trademark, service mark, collective mark or certification mark entitled to registration under this act whether registered or not. See Idaho Code 48-501 Merchandise: means any personal property displayed, held or offered for sale by a merchant. See Idaho Code 48-703 Merchant: means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant’s premises. See Idaho Code 48-703 Mineral: means any ore, rock, or substance extracted from a placer deposit or from an existing placer stockpile or waste pile, but does not include coal, clay, stone, sand, gravel, phosphate, uranium, oil, or gas. See Idaho Code 47-1313 Minor: means any person less than eighteen (18) years of age. See Idaho Code 48-703 Misappropriation: means :
Idaho Code 48-801Month: 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. Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC Motorized earth-moving equipment: means backhoes, bulldozers, front loaders, trenchers, core drills, suction dredges with an intake diameter exceeding eight (8) inches, and other similar equipment. See Idaho Code 47-1313 Natural watercourse: means any stream in the state of Idaho having definite bed and banks, and which confines and conducts continuously flowing water. See Idaho Code 47-1313 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Nonconformity: means a specific condition or generic defect or malfunction, or a defect or condition that substantially impairs the use, value or safety of an assistive device, but does not include a condition or defect that is the result of abuse or unauthorized modification or alteration of the assistive device by the consumer. See Idaho Code 48-1402 Nondramatic: means the public performance of a recorded, broadcast, or live musical work; except that "nondramatic" shall not mean the performance of a dramatic work including a play. See Idaho Code 48-1302 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. Performing rights society: means an association or corporation that licenses the public performances of nondramatic musical works on behalf of copyright owners, such as the American society of composers, authors and publishers (ASCAP), broadcast music, inc. See Idaho Code 48-1302 Permit area: means that area designated under section 47-1317, Idaho Code, as the site of a proposed placer or dredge mining operation, including all lands to be disturbed by the operation. See Idaho Code 47-1313 Person: means any person, corporation, partnership, association, or public or governmental agency engaged in placer or dredge mining, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See Idaho Code 47-1313 Person: shall mean the applicant or other party entitled to a benefit or privilege or rendered liable under the provisions of this act and includes a juristic person as well as a natural person. See Idaho Code 48-501 Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Idaho Code 48-801 Person: means natural persons, corporations both foreign and domestic, trusts, partnerships both limited and general, incorporated or unincorporated associations, companies, business entities, and any other legal entity or any other group associated in fact although not a legal entity or any agent, assignee, heir, employee, representative, or servant thereof. See Idaho Code 48-2002 person: includes a corporation as well as a natural person;
Idaho Code 73-114Placer deposit: means naturally occurring unconsolidated surficial detritus containing valuable minerals, whether located inside or outside the confines of a natural watercourse. See Idaho Code 47-1313 Placer or dredge exploration operation: means activities including, but not limited to, the construction of roads, trenches, and test holes, performed on a placer deposit for the purpose of locating and determining the economic feasibility of extracting minerals by placer or dredge mining. See Idaho Code 47-1313 Placer or dredge mining operation: means placer or dredge mining which disturbs in excess of one-half (1/2) acre of land. See Idaho Code 47-1313 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. 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. 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. Premises: means any establishment or part thereof wherein merchandise is displayed, held or offered for sale. See Idaho Code 48-703 Property: includes both real and personal property. See Idaho Code 73-114 Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in the state in which the public may assemble and in which nondramatic musical works or similar copyrighted works may be performed, broadcast or otherwise transmitted for the enjoyment of members of the public there assembled. See Idaho Code 48-1302 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reasonable attempt to repair: means any of the following occurring within the term of an express warranty applicable to a new assistive device:
Idaho Code 48-1402recording: means placement of a document or instrument in the official county public land records. See Idaho Code 48-2002 Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC Registered mail: includes certified mail. See Idaho Code 73-114 Registrant: shall mean the person to whom the registration of a mark under this act is issued, and the legal representatives, successors or assigns of such person. See Idaho Code 48-501 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. Residential real property: means real property located in this state that is used primarily for personal, family, or household purposes and is improved by one (1) to four (4) dwelling units. See Idaho Code 48-2002 Residential solar energy system: means a solar energy system that:
Idaho Code 48-1802Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retail theft: means the alteration, transfer, or removal of any label, price tag, marking, indicia of value or any other markings which aid in the determination of value of any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment, for the purpose of attempting to purchase such merchandise either personally or in consort with another, at less than the retail value with the intention of depriving the merchant of the value of such merchandise. See Idaho Code 48-703 Road: means a way, including bed, slopes, and shoulders, (1) constructed within the circular tract circumscribed by a placer or dredge mining operation, or (2) constructed solely for access to a placer or dredge mining operation or placer or dredge exploration operation, provided, that a way dedicated to public multiple use or being used by a governmental land manager or private landowner at the time of cessation of operations, and not constructed solely for access to a placer or dredge mining operation or placer or dredge exploration operation, shall not be considered a road for purposes of this act. See Idaho Code 47-1313 royalties: means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical or other similar works. See Idaho Code 48-1302 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 Service agreement: means a contract under which a person agrees to provide services in connection with the maintenance of or purchase or sale of residential real property. See Idaho Code 48-2002 Service mark: shall mean any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the services of one (1) person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. See Idaho Code 48-501 Service of process: The service of writs or summonses to the appropriate party. Service provider: means an individual or entity that provides services to a person. See Idaho Code 48-2002 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. Solar agreement: means a system purchase agreement or a system lease agreement. See Idaho Code 48-1802 Solar energy system: means a system or configuration of energy devices that collects and uses solar energy to generate electricity to be used by a consumer. See Idaho Code 48-1802 Solar retailer: means a person who:
Idaho Code 48-1802State: 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 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. System lease agreement: means an agreement:
Idaho Code 48-1802System purchase agreement: means an agreement under which a consumer purchases a residential solar energy system, or the energy created from a residential solar energy system, from a solar retailer either outright or through installment payments. See Idaho Code 48-1802 Target: means an Idaho person:
Idaho Code 48-1702Temporary 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. Testator: A male person who leaves a will at death. Testify: Answer questions in court. 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. Trade name: shall mean any name used by a person to identify a business or vocation of such person. See Idaho Code 48-501 Trade secret: means information, including a formula, pattern, compilation, program, computer program, device, method, technique, or process, that:
Idaho Code 48-801Trademark: shall mean any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured and sold by others, and to indicate the source of the goods, even if that source is unknown. See Idaho Code 48-501 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. 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 Use: shall mean the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Idaho Code 48-501 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114