Terms Used In Nevada Revised Statutes > Chapter 14 - Commencement of Actions

• 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.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorized representative: means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter. See Nevada Revised Statutes 338.010
• Bequeath: To gift property by will.
• Bequest: Property gifted by will.
• Chambers: A judge's office.
• 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.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work. See Nevada Revised Statutes 338.010
• Contractor: means :

  (a) A person who is licensed pursuant to the provisions of chapter 624 of NRS. See Nevada Revised Statutes 338.010

• controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to Nevada Revised Statutes 0.031
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Design professional: means :

  (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

  (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

  (c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

  (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

  (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture. See Nevada Revised Statutes 338.010

• Design-build contract: means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work. See Nevada Revised Statutes 338.010
• Design-build team: means an entity that consists of:

  (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

  (b) For a public work that consists of:

  (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS. See Nevada Revised Statutes 338.010

• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Discrete project: means one or more public works which are undertaken on a single construction site for a single public body. See Nevada Revised Statutes 338.010
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the State Public Works Division of the Department of Administration. See Nevada Revised Statutes 338.010
• Dower: A widow
• Energy: means energy derived from crude oil, residual fuel oil, refined petroleum products, coal, natural and artificial gas, propane and electricity. See Nevada Revised Statutes 416.020
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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}
• Executive Director: means the Executive Director of the Department of Taxation. See Nevada Revised Statutes 360.001
• Executor: A male person named in a will to carry out the decedent
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• General contractor: means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

  (a) General engineering contracting, as described in subsection 2 of Nevada Revised Statutes 338.010

• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested. See Nevada Revised Statutes 338.010
• 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.
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of NRS, Nevada Revised Statutes 338.010
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
• 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.
• 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.
• Public body: means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work. See Nevada Revised Statutes 338.010
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public work: means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:

  (a) Public buildings;

  (b) Jails and prisons;

  (c) Public roads;

  (d) Public highways;

  (e) Public streets and alleys;

  (f) Public utilities;

  (g) Publicly owned water mains and sewers;

  (h) Public parks and playgrounds;

  (i) Public convention facilities which are financed at least in part with public money; and

  (j) All other publicly owned works and property. See Nevada Revised Statutes 338.010

• Regulation: includes every rule, standard, directive or statement of general applicability that carries out or interprets law or policy or describes the organization, procedure or practice requirements of any state agency or political subdivision of the State. See Nevada Revised Statutes 416.020
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• 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.
• Service of process: The service of writs or summonses to the appropriate party.
• State agency: means every public agency, bureau, board, commission, department, division, officer or employee of the Executive Department of State Government. See Nevada Revised Statutes 416.020
• Subcontract: means a written contract entered into between:

  (a) A contractor and a subcontractor or supplier; or

  (b) A subcontractor and another subcontractor or supplier, for the provision of labor, materials, equipment or supplies for a construction project. See Nevada Revised Statutes 338.010

• Subcontractor: means a person who:

  (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

  (b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project. See Nevada Revised Statutes 338.010

• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Supplier: means a person who provides materials, equipment or supplies for a construction project. See Nevada Revised Statutes 338.010
• Testify: Answer questions in court.
• 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.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Wages: means :

  (a) The basic hourly rate of pay; and

  (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other bona fide fringe benefits which are a benefit to the worker. See Nevada Revised Statutes 338.010

• Worker: means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. See Nevada Revised Statutes 338.010
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.