Terms Used In Nevada Revised Statutes > Chapter 39 > Real Property

• Account: means a report of the financial condition of the trust estate prepared by a trustee which:

  (1) Must include the information set forth in Nevada Revised Statutes 165.020

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administrative officer: means a person with overall executive and administrative responsibility for those state or nonstate intellectual and developmental disability centers designated by the Administrator. See Nevada Revised Statutes 435.007
• Administrator: means the Administrator of the Division. See Nevada Revised Statutes 435.007
• Administrator: means the Administrator of the Division. See Nevada Revised Statutes 439.005
• Agricultural police officer: means a person appointed by the Director pursuant to Nevada Revised Statutes 565.010
• 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.
• Animals: means :

  (a) All cattle or animals of the bovine species. See Nevada Revised Statutes 564.010

• Animals: means :

  (a) All cattle or animals of the bovine species except dairy breed calves under the age of 1 month. See Nevada Revised Statutes 565.010

• Annual sale of livestock: means any sale of livestock:

  (a) To which any member of the public may consign livestock for sale or exchange through public bidding at the sale of the livestock; and

  (b) Which is conducted for not more than 2 consecutive days during a calendar year. See Nevada Revised Statutes 573.010

• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of 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.
• Bequest: Property gifted by will.
• Brand inspection: means a careful visual examination of each animal offered for such inspection and a visual examination of any brands, marks or other characteristics thereon. See Nevada Revised Statutes 565.010
• Capital offense: A crime punishable by death.
• Chambers: A judge's office.
• Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child: means any person under the age of 18 years who may be eligible for intellectual disability services or developmental disability services. See Nevada Revised Statutes 435.007
• Client: means a person who receives advice from a financial planner. See Nevada Revised Statutes 628A.010
• Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Nevada Revised Statutes 104A.2103
• 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.
• Compensation: means a fee for services provided by a financial planner to a client or a commission or other remuneration derived by a financial planner from a person other than the client as the result of the purchase of a good or service by the client. See Nevada Revised Statutes 628A.010
• Consignor: means any person consigning, shipping or delivering livestock to a public livestock auction for sale, resale or exchange. See Nevada Revised Statutes 573.010
• Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is a natural person and who takes under the lease primarily for a personal, family or household purpose. See Nevada Revised Statutes 104A.2103
• Continuance: Putting off of a hearing ot trial until a later time.
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Department: means the State Department of Agriculture. See Nevada Revised Statutes 556.010
• Department: means the State Department of Agriculture. See Nevada Revised Statutes 564.010
• Department: means the State Department of Agriculture. See Nevada Revised Statutes 565.010
• Department: means the State Department of Agriculture. See Nevada Revised Statutes 566.015
• Department: means the State Department of Agriculture. See Nevada Revised Statutes 573.010
• Department: means the Department of Health and Human Services. See Nevada Revised Statutes 435.007
• Department: means the Department of Health and Human Services. See Nevada Revised Statutes 439.005
• 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.
• Developmental disability: means autism, cerebral palsy, epilepsy, a fetal alcohol spectrum disorder or any other neurological condition diagnosed by a qualified professional that:

  (a) Is manifested before the person affected attains the age of 22 years;

  (b) Is likely to continue indefinitely;

  (c) Results in substantial functional limitations, as measured by a qualified professional, in three or more of the following areas of major life activity:

  (1) Taking care of oneself;

  (2) Understanding and use of language;

  (3) Learning;

  (4) Mobility;

  (5) Self-direction; and

  (6) Capacity for independent living; and

  (d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other assistance that is lifelong or has an extended duration. See Nevada Revised Statutes 435.007

• Devise: To gift property by will.
• Director: means the Director of the Department. See Nevada Revised Statutes 564.010
• Director: means the Director of the Department. See Nevada Revised Statutes 565.010
• Director: means the Director of the Department. See Nevada Revised Statutes 573.010
• Director: means the Director of the Department. See Nevada Revised Statutes 439.005
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Parole and Probation of the Department of Public Safety. See Nevada Revised Statutes 176.002
• Division: means the Aging and Disability Services Division of the Department. See Nevada Revised Statutes 435.007
• Division: means the Division of Public and Behavioral Health of the Department. See Nevada Revised Statutes 439.005
• Division facility: means any unit or subunit operated by the Division for the care, treatment and training of consumers. See Nevada Revised Statutes 435.007
• Donee: The recipient of a gift.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. ^{Source: OCC}
• 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.
• Executor: A male person named in a will to carry out the decedent
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fault: means wrongful act, omission, breach or default. See Nevada Revised Statutes 104A.2103
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Finance lease: means a lease with respect to which:

  (1) The lessor does not select, manufacture or supply the goods;

  (2) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

  (3) One of the following occurs:

  (I) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

  (II) The lessee"s approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

  (III) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

  (IV) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, that the lessee is entitled under this Article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Nevada Revised Statutes 104A.2103

• Financial planner: means a person who for compensation advises others upon the investment of money or upon provision for income to be needed in the future, or who holds himself or herself out as qualified to perform either of these functions, but does not include:

  (a) An attorney and counselor at law admitted by the Supreme Court of this State;

  (b) A certified public accountant who holds a certificate issued pursuant to Nevada Revised Statutes 628A.010

• 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.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• 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.
• Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Nevada Revised Statutes 104A.2103
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Grower: means any landowner personally engaged in growing garlic or onions, or a landowner and the landowner"s tenant jointly, and includes a natural person, partnership, association, corporation, cooperative organization, trust, sharecropper and all other business units, devises or arrangements that grow garlic or onions. See Nevada Revised Statutes 556.010
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Improper means: includes , without limitation:

  (a) Theft;

  (b) Bribery;

  (c) Misrepresentation;

  (d) Willful breach or willful inducement of a breach of a duty to maintain secrecy;

  (e) Willful breach or willful inducement of a breach of a duty imposed by common law, statute, contract, license, protective order or other court or administrative order; and

  (f) Espionage through electronic or other means. See Nevada Revised Statutes 600A.030

• 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.
• Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Nevada Revised Statutes 104A.2103
• Intellectual and developmental disability center: means an organized program for providing appropriate services and treatment to persons with intellectual disabilities and persons with developmental disabilities. See Nevada Revised Statutes 435.007
• Intellectual disability: means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See Nevada Revised Statutes 435.007
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• 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.
• Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Nevada Revised Statutes 104A.2103
• Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Article. See Nevada Revised Statutes 104A.2103
• Lease contract: means the total legal obligation that results from the lease agreement as affected by this Article and any other applicable rules of law. See Nevada Revised Statutes 104A.2103
• Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Nevada Revised Statutes 104A.2103
• Lessee: means a person who acquires the right to possession and use of goods under a lease. See Nevada Revised Statutes 104A.2103
• Lessor: means a person who transfers the right to possession and use of goods under a lease. See Nevada Revised Statutes 104A.2103
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See Nevada Revised Statutes 104A.2103
• Livestock: means :

  (a) Cattle, sheep, goats, horses, mules, asses, burros, swine or poultry; and

  (b) Alternative livestock as defined in Nevada Revised Statutes 573.010

• Medical director: means the chief medical officer of any program of the Division for persons with intellectual disabilities or developmental disabilities. See Nevada Revised Statutes 435.007
• Merchant lessee: means a lessee that is a merchant with respect to goods of the kind subject to the lease. See Nevada Revised Statutes 104A.2103
• Misappropriation: means :

  (a) Acquisition of the trade secret of another by a person by improper means;

  (b) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

  (c) Disclosure or use of a trade secret of another without express or implied consent by a person who:

  (1) Used improper means to acquire knowledge of the trade secret;

  (2) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was:

  (I) Derived from or through a person who had used improper means to acquire it;

  (II) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

  (III) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

  (3) Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Nevada Revised Statutes 600A.030

• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• 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.
• Operator of a public livestock auction: means any person holding, conducting or carrying on a public livestock auction. See Nevada Revised Statutes 573.010
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the person who holds legal or equitable title to a trade secret. See Nevada Revised Statutes 600A.030
• Parent: means the parent of a child. See Nevada Revised Statutes 435.007
• 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 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 Nevada Revised Statutes 600A.030
• Person: includes a child and any other consumer with an intellectual disability and a child or any other consumer with a developmental disability who has attained the age of 18 years. See Nevada Revised Statutes 435.007
• 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.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• 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}
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Nevada Revised Statutes 104A.2103
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public livestock auction: means any sale or exchange of livestock held by any person at an established place of business or premises where the livestock is assembled for sale or exchange, and is exchanged or sold at auction or upon a commission basis at regular or irregular intervals. See Nevada Revised Statutes 573.010
• Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift or any other voluntary transaction creating an interest in goods. See Nevada Revised Statutes 104A.2103
• Quorum: The number of legislators that must be present to do business.
• Recess: A temporary interruption of the legislative business.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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.
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• 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.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See Nevada Revised Statutes 104A.2103
• substantial bodily harm: means :

  1. See Nevada Revised Statutes 0.060

• Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Nevada Revised Statutes 104A.2103
• Supply contract: means a contract under which a lessor buys or leases goods to be leased. See Nevada Revised Statutes 104A.2103
• 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.
• Training: means a program of services directed primarily toward enhancing the health, welfare and development of persons with intellectual disabilities or persons with developmental disabilities through the process of providing those experiences that will enable the person to:

  (a) Develop his or her physical, intellectual, social and emotional capacities to the fullest extent;

  (b) Live in an environment that is conducive to personal dignity; and

  (c) Continue development of those skills, habits and attitudes essential to adaptation in contemporary society. See Nevada Revised Statutes 435.007

• Treatment: means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility. See Nevada Revised Statutes 435.007
• Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Trust: means :

  (1) A trust as defined in Nevada Revised Statutes 165.020

• Trustee: includes a nontestamentary trustee, a testamentary trustee and a corporate trustee, as well as a natural person. See Nevada Revised Statutes 165.020
• Venue: The geographical location in which a case is tried.
• Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."