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WHAT THE WORDS MEAN

Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Arizona law uses, what it actually means, and the misreading it usually collects.

71 terms

A

Application for emergency admission

The written application that has to be made to an evaluation agency before a person may be hospitalized there, by someone with knowledge of the facts, stating the belief that the person, as a result of a mental disorder, is a danger to self or others or has a persistent or acute disability or a grave disability.

Also called mental health hold, taken in for an evaluation

The written application that has to be made to an evaluation agency before a person may be hospitalized there, by someone with knowledge of the facts, stating the belief that the person, as a result of a mental disorder, is a danger to self or others or has a persistent or acute disability or a grave disability.

What it is not

A phone call can come first, but only just. A telephonic application may be made not more than twenty-four hours before a written one.

Assault

Intentionally, knowingly or recklessly causing physical injury, intentionally placing someone in reasonable apprehension of imminent physical injury, or knowingly touching someone with intent to injure, insult or provoke.

Also called simple assault

Intentionally, knowingly or recklessly causing physical injury, intentionally placing someone in reasonable apprehension of imminent physical injury, or knowingly touching someone with intent to injure, insult or provoke.

What it is not

Causing serious physical injury, or using a deadly weapon, a dangerous instrument or a simulated deadly weapon, makes it aggravated assault, a felony.

C

Call to the public

An open call a public body may hold, subject to reasonable time, place and manner restrictions, so individuals can address it on any issue within its jurisdiction.

Also called public comment

An open call a public body may hold, subject to reasonable time, place and manner restrictions, so individuals can address it on any issue within its jurisdiction.

What it is not

It is not a vote. Members do not discuss or take legal action on matters raised unless the matters were properly noticed.

Collection agency

Anyone soliciting or collecting claims owed to another, and a business collecting its own debts under a name suggesting a third party is collecting. Running one in Arizona without a license is unlawful.

Also called debt collector

Anyone soliciting or collecting claims owed to another, and a business collecting its own debts under a name suggesting a third party is collecting. Running one in Arizona without a license is unlawful.

Community property

Property either spouse acquires during the marriage, except by gift, devise or descent, or after service of a petition that results in a decree. The court divides it equitably, though not necessarily in kind.

Also called marital property

Property either spouse acquires during the marriage, except by gift, devise or descent, or after service of a petition that results in a decree. The court divides it equitably, though not necessarily in kind.

What it is not

Marital misconduct does not enter the division.

Concealed deadly weapon

A deadly weapon, other than a pocket knife, carried concealed. Arizona's weapons misconduct section lists when that is an offense, rather than requiring a permit to carry one.

Also called concealed carry, permitless carry

A deadly weapon, other than a pocket knife, carried concealed. Arizona's weapons misconduct section lists when that is an offense, rather than requiring a permit to carry one.

What it is not

When contacted by an officer, failing to accurately answer whether one is carrying a concealed deadly weapon is a class 1 misdemeanor.

Criminal trespass

Knowingly entering or remaining unlawfully on real property after a reasonable request to leave, or reasonable notice prohibiting entry: trespass in the third degree, a class 3 misdemeanor.

Also called trespass, trespassing

Knowingly entering or remaining unlawfully on real property after a reasonable request to leave, or reasonable notice prohibiting entry: trespass in the third degree, a class 3 misdemeanor.

What it is not

A request to leave from an officer acting at the owner's request has the same legal effect as the owner's own.

D

Daytime service

Without a direction in the warrant, made on a showing of good cause, that it may be served at any time, a search warrant may be served only in the daytime. Night is the period from ten p.m. to six-thirty a.m.

Also called nighttime search

Without a direction in the warrant, made on a showing of good cause, that it may be served at any time, a search warrant may be served only in the daytime. Night is the period from ten p.m. to six-thirty a.m.

Deemed denied

How access to a public record counts when the custodian fails to respond promptly, or fails to give an index of records or categories of records withheld.

Also called public records request

How access to a public record counts when the custodian fails to respond promptly, or fails to give an index of records or categories of records withheld.

What it is not

Silence is not a pending answer. A person denied access may bring a special action in the superior court.

Disorderly conduct

Intent to disturb the peace or quiet of a neighborhood, family or person, or knowledge of doing so, together with an act such as fighting, unreasonable noise, or abusive language likely to provoke immediate physical retaliation.

Also called disturbing the peace

Intent to disturb the peace or quiet of a neighborhood, family or person, or knowledge of doing so, together with an act such as fighting, unreasonable noise, or abusive language likely to provoke immediate physical retaliation.

What it is not

With a deadly weapon or dangerous instrument it is a class 6 felony, not a misdemeanor.

Disposable earnings

What remains of earnings after deductions required by law. The most that can be taken from a workweek's disposable earnings is 10 percent, or the excess over sixty times the minimum hourly wage, whichever is less.

Also called wage garnishment, garnishment

What remains of earnings after deductions required by law. The most that can be taken from a workweek's disposable earnings is 10 percent, or the excess over sixty times the minimum hourly wage, whichever is less.

What it is not

Those limits do not apply to an order for support, under which one-half of disposable earnings is exempt.

E

Earned paid sick time

At least one hour for every 30 hours worked, up to 40 hours a year for an employer with 15 or more employees, or 24 hours for fewer, unless the employer sets more.

Also called sick time, paid sick leave

At least one hour for every 30 hours worked, up to 40 hours a year for an employer with 15 or more employees, or 24 hours for fewer, unless the employer sets more.

What it is not

An employer may require a wait until the ninetieth calendar day after starting before accrued time is used.

Emergency order of protection

An order a judicial officer may issue, written or oral, when the courts are closed, if a peace officer states reasonable grounds to believe a person is in immediate and present danger of domestic violence based on a recent incident.

Also called emergency order

An order a judicial officer may issue, written or oral, when the courts are closed, if a peace officer states reasonable grounds to believe a person is in immediate and present danger of domestic violence based on a recent incident.

Evidence of identity

What an unlicensed driver provides on request after a stop: full name, date of birth, residence address, a brief physical description, and signature.

Also called passenger id

What an unlicensed driver provides on request after a stop: full name, date of birth, residence address, a brief physical description, and signature.

What it is not

A passenger has to provide it only when the officer has reasonable cause to believe the passenger violated the transportation title.

Extreme DUI

DUI with an alcohol concentration of 0.15 or more. A first conviction carries not less than thirty consecutive days in jail, and at 0.20 or more, not less than forty-five.

Also called super extreme DUI

DUI with an alcohol concentration of 0.15 or more. A first conviction carries not less than thirty consecutive days in jail, and at 0.20 or more, not less than forty-five.

F

Final wages

Pay due when a job ends: for a discharged employee, within seven working days or by the end of the next regular pay period, whichever is sooner; for one who quits, by the regular payday for the period in which the job ended.

Also called final paycheck, last paycheck

Pay due when a job ends: for a discharged employee, within seven working days or by the end of the next regular pay period, whichever is sooner; for one who quits, by the regular payday for the period in which the job ended.

What it is not

Unpaid wages are not recoverable only at face value. An employee may recover treble the unpaid wages in a civil action.

Fit and habitable

The condition a landlord makes all repairs to keep the premises in, including running water, reasonable hot water, and reasonable heat and air-conditioning or cooling where installed and offered.

Also called habitability, warranty of habitability

The condition a landlord makes all repairs to keep the premises in, including running water, reasonable hot water, and reasonable heat and air-conditioning or cooling where installed and offered.

Fleeing

A driver wilfully fleeing or trying to elude a pursuing official law enforcement vehicle that is appropriately marked, or unmarked where the driver knew it was law enforcement. A class 5 felony.

Also called eluding, running from police

A driver wilfully fleeing or trying to elude a pursuing official law enforcement vehicle that is appropriately marked, or unmarked where the driver knew it was law enforcement. A class 5 felony.

H

Hands free

Using a device without holding or supporting it. Unless the vehicle is parked or stopped as the traffic laws allow, a driver may not physically hold a portable wireless device or write, send or read a text on one.

Also called texting while driving, phone while driving

Using a device without holding or supporting it. Unless the vehicle is parked or stopped as the traffic laws allow, a driver may not physically hold a portable wireless device or write, send or read a text on one.

What it is not

Voice commands that direct a text, and an earpiece, headphone or wrist device for a voice call, are allowed.

Harassment

Conduct directed at a specific person that would cause a reasonable person to be seriously alarmed, annoyed, humiliated or mentally distressed, and does, done knowingly and repeatedly. A class 1 misdemeanor.

Also called harassing

Conduct directed at a specific person that would cause a reasonable person to be seriously alarmed, annoyed, humiliated or mentally distressed, and does, done knowingly and repeatedly. A class 1 misdemeanor.

What it is not

A lawful demonstration, assembly or picketing is outside it.

Holdover

Staying after the term ends. A tenant who stays willfully and not in good faith may owe up to two months' periodic rent or twice the actual damages, whichever is greater.

Also called staying after the lease

Staying after the term ends. A tenant who stays willfully and not in good faith may owe up to two months' periodic rent or twice the actual damages, whichever is greater.

Home solicitation sale

A sale the seller personally solicits without a prior invitation, appointment or consent, agreed to at a home other than the seller's. The buyer may cancel until midnight of the third business day after signing.

Also called door to door sale, cooling off period

A sale the seller personally solicits without a prior invitation, appointment or consent, agreed to at a home other than the seller's. The buyer may cancel until midnight of the third business day after signing.

What it is not

No special form is needed. Any notice showing the buyer does not intend to be bound is enough.

Homestead

One home, of the kinds the section lists, held exempt from attachment, execution and forced sale up to $400,000 in equity.

Also called homestead exemption

One home, of the kinds the section lists, held exempt from attachment, execution and forced sale up to $400,000 in equity.

What it is not

A married couple holds one, not one each.

I

Impaired to the slightest degree

The DUI standard: driving or being in actual physical control of a vehicle under the influence of liquor, a drug, a toxic vapor or any combination, if impaired to the slightest degree.

Also called DUI, drunk driving

The DUI standard: driving or being in actual physical control of a vehicle under the influence of liquor, a drug, a toxic vapor or any combination, if impaired to the slightest degree.

What it is not

Being entitled to use the drug is not a defense to that charge.

Irretrievably broken

The finding for a decree of dissolution, made when both spouses say so under oath, or one does and the other does not deny it, with one spouse domiciled in Arizona for ninety days before filing.

Also called no fault divorce, dissolution

The finding for a decree of dissolution, made when both spouses say so under oath, or one does and the other does not deny it, with one spouse domiciled in Arizona for ninety days before filing.

What it is not

A covenant marriage needs one of the grounds its own statute lists.

Itemized list of deductions

What the landlord provides, with any amount due, within 14 days after the tenancy ends, possession is delivered and the tenant makes a demand, excluding Saturdays, Sundays and other legal holidays.

Also called deposit deductions

What the landlord provides, with any amount due, within 14 days after the tenancy ends, possession is delivered and the tenant makes a demand, excluding Saturdays, Sundays and other legal holidays.

What it is not

It does not stay open to argument forever. Undisputed within 60 days after it is mailed, it is deemed valid and final.

L

Leaving the scene

Failing to stop at an accident that injures or kills a person, or damages a vehicle driven or attended by a person, and stay until giving name, address and registration number, showing the license on request, and rendering reasonable assistance.

Also called hit and run

Failing to stop at an accident that injures or kills a person, or damages a vehicle driven or attended by a person, and stay until giving name, address and registration number, showing the license on request, and rendering reasonable assistance.

What it is not

With any injury it is a felony, not a traffic ticket: a class 5 felony, or class 3 with death or serious physical injury.

Lemon law

The rule that a new motor vehicle's nonconformity, reported within the shorter of the warranty term or two years or 24,000 miles, is repaired, and if it cannot be after a reasonable number of attempts, the vehicle is replaced or refunded.

Also called lemon

The rule that a new motor vehicle's nonconformity, reported within the shorter of the warranty term or two years or 24,000 miles, is repaired, and if it cannot be after a reasonable number of attempts, the vehicle is replaced or refunded.

What it is not

A reasonable number is presumed at four or more repairs of the same nonconformity, or a cumulative 30 or more calendar days out of service.

Lockout

A landlord's unlawful removal or exclusion of a tenant, or willful interruption of electric, gas, water or another essential service. The tenant may recover possession or terminate, and either way recover up to two months' periodic rent or twice the actual damages, whichever is greater.

Also called utility shutoff, self help eviction

A landlord's unlawful removal or exclusion of a tenant, or willful interruption of electric, gas, water or another essential service. The tenant may recover possession or terminate, and either way recover up to two months' periodic rent or twice the actual damages, whichever is greater.

M

Marijuana

For an adult at least twenty-one years of age, possessing one ounce or less, of which not more than five grams is concentrate, is lawful and may not be the basis for detention, search or arrest.

Also called cannabis, adult use

For an adult at least twenty-one years of age, possessing one ounce or less, of which not more than five grams is concentrate, is lawful and may not be the basis for detention, search or arrest.

What it is not

Smoking marijuana in a public place or open space is a petty offense.

Marijuana metabolites

Traces of marijuana in the body. A person with them is guilty under the drug paragraph of the DUI section only if also impaired to the slightest degree.

Also called THC in the blood

Traces of marijuana in the body. A person with them is guilty under the drug paragraph of the DUI section only if also impaired to the slightest degree.

What it is not

The odor of marijuana does not by itself give reasonable suspicion of a crime, except when an officer is investigating DUI.

Material and irreparable breach

A breach such as an illegal discharge of a weapon or an assault on the premises, which allows written notice of immediate termination, with trial no later than the third day after filing.

Also called immediate eviction

A breach such as an illegal discharge of a weapon or an assault on the premises, which allows written notice of immediate termination, with trial no later than the third day after filing.

Misdemeanor class

How Arizona grades misdemeanors: class 1 carries up to six months and $2,500, class 2 up to four months and $750, class 3 up to 30 days and $500.

Also called class 1 misdemeanor, class 2 misdemeanor, class 3 misdemeanor

How Arizona grades misdemeanors: class 1 carries up to six months and $2,500, class 2 up to four months and $750, class 3 up to 30 days and $500.

What it is not

A repeat moves up a class. The same offense within the two years before, other than a traffic offense, is sentenced at the next higher class.

Move-in form

The form a landlord gives at move in for listing damage already there, with a signed copy of the lease and written notice that the tenant may be present at the move-out inspection.

Also called move in checklist

The form a landlord gives at move in for listing damage already there, with a signed copy of the lease and written notice that the tenant may be present at the move-out inspection.

N

No duty to retreat

There is no duty to retreat before threatening or using deadly physical force if the person is in a place where the person may legally be and is not engaged in an unlawful act.

Also called stand your ground, self defense

There is no duty to retreat before threatening or using deadly physical force if the person is in a place where the person may legally be and is not engaged in an unlawful act.

What it is not

It does not widen when deadly force is justified: only when a reasonable person would believe it immediately necessary against the other's use or attempted use of unlawful deadly physical force.

Notice of intent to enter

At least two days' notice a landlord gives before entering, except in an emergency or where it is impracticable, and then only at reasonable times.

Also called landlord entry, two days notice

At least two days' notice a landlord gives before entering, except in an emergency or where it is impracticable, and then only at reasonable times.

What it is not

A tenant's own service or maintenance request is permission to enter for that purpose alone, and waives a separate notice for it.

O

Open container

Any receptacle holding liquor that has been opened, had its seal broken, or had some contents removed. No one may possess one within the passenger compartment on a public highway or its right-of-way.

Also called open bottle

Any receptacle holding liquor that has been opened, had its seal broken, or had some contents removed. No one may possess one within the passenger compartment on a public highway or its right-of-way.

What it is not

The passenger compartment does not include the trunk, a locked glove compartment, or the area behind the last upright seat of a vehicle with no trunk.

Order of protection

An order restraining a person from committing domestic violence, issued on a verified petition where there is reasonable cause to believe the defendant may commit it or has within the past year. No fee is charged for filing or service.

Also called protective order, restraining order

An order restraining a person from committing domestic violence, issued on a verified petition where there is reasonable cause to believe the defendant may commit it or has within the past year. No fee is charged for filing or service.

What it is not

It lasts two years after service, and expires if not served within one year.

P

Passive resistance

A nonviolent physical act or failure to act intended to impede, hinder or delay an arrest. Resisting arrest by passive resistance is a class 1 misdemeanor.

Also called resisting arrest

A nonviolent physical act or failure to act intended to impede, hinder or delay an arrest. Resisting arrest by passive resistance is a class 1 misdemeanor.

What it is not

Using or threatening physical force against the officer is not passive resistance. That is a class 6 felony.

Petty offense

The grade below a misdemeanor, with no jail listed and a fine up to $300.

Also called petty

The grade below a misdemeanor, with no jail listed and a fine up to $300.

Prima facie speed

A speed presumed too great unless posted otherwise: over 15 miles per hour approaching a school crossing, over 25 miles per hour in a business or residential district, over 65 miles per hour elsewhere.

Also called speed limit

A speed presumed too great unless posted otherwise: over 15 miles per hour approaching a school crossing, over 25 miles per hour in a business or residential district, over 65 miles per hour elsewhere.

What it is not

Staying under it is not the whole rule. No one may drive faster than is reasonable and prudent under the conditions and hazards.

Prohibited provision

A term a rental agreement may not contain, such as a waiver of the tenant's rights under the chapter, a promise to pay the landlord's attorney fees, or a penalty for summoning police or emergency help. It is unenforceable.

Also called illegal lease clause

A term a rental agreement may not contain, such as a waiver of the tenant's rights under the chapter, a promise to pay the landlord's attorney fees, or a penalty for summoning police or emergency help. It is unenforceable.

What it is not

Signing it does not make it binding. A landlord who deliberately uses one owes actual damages and not more than two months' periodic rent.

Provocation

A defense to a dog bite claim, judged by whether a reasonable person would expect the conduct or circumstances to be likely to provoke a dog.

Also called dog bite defense

A defense to a dog bite claim, judged by whether a reasonable person would expect the conduct or circumstances to be likely to provoke a dog.

What it is not

The owner's liability does not turn on the dog's history, and the breed may not be considered.

R

Reckless driving

Driving a vehicle in reckless disregard for the safety of persons or property. A class 2 misdemeanor, and the judge may order the driving privilege suspended for not more than 90 days.

Also called reckless

Driving a vehicle in reckless disregard for the safety of persons or property. A class 2 misdemeanor, and the judge may order the driving privilege suspended for not more than 90 days.

Recording a public meeting

All or any part of a public meeting may be recorded by any person in attendance, by tape recorder, camera or any other means of sonic reproduction, provided there is no active interference with the conduct of the meeting.

Also called filming a public meeting

All or any part of a public meeting may be recorded by any person in attendance, by tape recorder, camera or any other means of sonic reproduction, provided there is no active interference with the conduct of the meeting.

Reinstatement

Putting the rental agreement back in force by paying what is owed: before the landlord files, all past due rent and a reasonable late fee set out in a written agreement; after filing, attorney fees and court costs too.

Also called paying to stay

Putting the rental agreement back in force by paying what is owed: before the landlord files, all past due rent and a reasonable late fee set out in a written agreement; after filing, attorney fees and court costs too.

What it is not

After a judgment for the landlord, reinstatement is solely the landlord's choice.

Repair and deduct

A remedy for a defect whose reasonable cost is less than $300 or one-half of the monthly rent, whichever is greater: written notice, and if the landlord does not comply within ten days, a licensed contractor's work deducted from the rent.

Also called minor defect

A remedy for a defect whose reasonable cost is less than $300 or one-half of the monthly rent, whichever is greater: written notice, and if the landlord does not comply within ten days, a licensed contractor's work deducted from the rent.

What it is not

It is not withholding rent. A tenant may not withhold rent for any reason the chapter does not authorize.

Required reporter

One of the persons the section lists, including health professionals, peace officers, school personnel and a parent, stepparent or guardian of the minor, who reports immediately, electronically or by telephone, on a reasonable belief that a minor is or has been the victim of abuse or neglect not explained as accidental.

Also called mandated reporter, child abuse report

One of the persons the section lists, including health professionals, peace officers, school personnel and a parent, stepparent or guardian of the minor, who reports immediately, electronically or by telephone, on a reasonable belief that a minor is or has been the victim of abuse or neglect not explained as accidental.

What it is not

A report to a school resource officer or school safety officer does not satisfy the duty.

Retaliation

Raising rent, decreasing services, or bringing or threatening an action for possession because a tenant complained to a code agency or to the landlord, or organized or joined a tenants' union.

Also called retaliatory eviction, reprisal

Raising rent, decreasing services, or bringing or threatening an action for possession because a tenant complained to a code agency or to the landlord, or organized or joined a tenants' union.

What it is not

A complaint within six months before creates a presumption of retaliation, but none arises if the complaint came after notice of termination.

S

Sealing

Closing all case records of an offense on petition, once every term of the sentence is complete and the waiting period for the class has run: five years for a class 4, 5 or 6 felony, three years for a class 1 misdemeanor.

Also called clearing a record, record sealing

Closing all case records of an offense on petition, once every term of the sentence is complete and the waiting period for the class has run: five years for a class 4, 5 or 6 felony, three years for a class 1 misdemeanor.

What it is not

A sealed conviction may still be used as a prior conviction, to enhance a later sentence, and to impeach in a later trial.

Seat belt violation

A front seat occupant not wearing a fastened belt while the vehicle is moving, or a passenger under sixteen years of age the driver does not require to wear one. The maximum civil penalty is $10.

Also called seat belt ticket

A front seat occupant not wearing a fastened belt while the vehicle is moving, or a passenger under sixteen years of age the driver does not require to wear one. The maximum civil penalty is $10.

What it is not

It is not by itself a reason to stop a car. An officer needs reasonable cause to believe another motor vehicle law was broken.

Security deposit

Security, however it is named and including prepaid rent, which a landlord may not demand or receive worth more than one and one-half month's rent.

Also called deposit, prepaid rent

Security, however it is named and including prepaid rent, which a landlord may not demand or receive worth more than one and one-half month's rent.

What it is not

A fee is not nonrefundable unless the landlord says so in writing. Any fee or deposit not designated as nonrefundable is refundable.

Set aside

An order setting aside a judgment of guilt, which a person who completes probation or sentence and is discharged may apply to the sentencing court for, with no filing fee.

Also called setting aside a conviction

An order setting aside a judgment of guilt, which a person who completes probation or sentence and is discharged may apply to the sentencing court for, with no filing fee.

What it is not

It is not sealing, which closes the case records on a separate petition after a waiting period that depends on the class.

Shoplifting

Knowingly obtaining goods displayed for sale, with intent to deprive, by removing them without paying, switching a price tag, moving them into another container, or concealment.

Also called retail theft

Knowingly obtaining goods displayed for sale, with intent to deprive, by removing them without paying, switching a price tag, moving them into another container, or concealment.

What it is not

A merchant with reasonable cause may detain a suspected shoplifter on the premises, in a reasonable manner and for a reasonable time, for questioning or to summon an officer.

Small claims

The justice court division for civil claims up to $5,000, exclusive of interest and costs, where an attorney may not appear unless the parties agree in writing before the hearing.

Also called small claims division

The justice court division for civil claims up to $5,000, exclusive of interest and costs, where an attorney may not appear unless the parties agree in writing before the hearing.

What it is not

It does not hear forcible or unlawful detainer actions, libel or slander, injunctions, class actions, or claims against the state.

Special detainer

The action a landlord files to end a rental agreement after a five day notice of unpaid rent goes unpaid. The summons names a trial date not more than six nor less than three days away.

Also called eviction case, eviction

The action a landlord files to end a rental agreement after a five day notice of unpaid rent goes unpaid. The summons names a trial date not more than six nor less than three days away.

What it is not

The five days are calendar days, not business days.

Spousal maintenance

Support a court may order for a spouse who lacks enough property for reasonable needs, lacks earning ability to be self-sufficient, or meets another of the conditions the section lists.

Also called alimony, spousal support

Support a court may order for a spouse who lacks enough property for reasonable needs, lacks earning ability to be self-sufficient, or meets another of the conditions the section lists.

Stalking

A course of conduct directed at a specific person that causes emotional distress or reasonable fear of injury, a class 5 felony, or reasonable fear of death, a class 3 felony.

Also called course of conduct

A course of conduct directed at a specific person that causes emotional distress or reasonable fear of injury, a class 5 felony, or reasonable fear of death, a class 3 felony.

What it is not

A course of conduct includes surveilling someone with an electronic, digital or GPS device without authorization continuously for twelve hours or more, or on two or more occasions.

Statute of limitations

The time to bring a claim: six years on a written contract executed in Arizona or a credit card, three years on a debt without a written contract or an open account, two years for personal injury.

Also called time limit, time to sue

The time to bring a claim: six years on a written contract executed in Arizona or a credit card, three years on a debt without a written contract or an open account, two years for personal injury.

What it is not

A claim for fraud or mistake does not accrue until the facts are discovered.

Stop and identify

The duty of a person lawfully detained on reasonable suspicion of a crime, and advised that refusing is unlawful, to state a true full name on an officer's request.

Also called failure to identify, giving a name

The duty of a person lawfully detained on reasonable suspicion of a crime, and advised that refusing is unlawful, to state a true full name on an officer's request.

What it is not

It asks for a name, not a document, and the person shall not be compelled to answer any other inquiry.

Substitute housing

Reasonable housing a tenant may procure when the landlord deliberately or negligently fails to supply essential services, owing no rent for the period.

Also called essential services

Reasonable housing a tenant may procure when the landlord deliberately or negligently fails to supply essential services, owing no rent for the period.

What it is not

Where it costs more than the rent, the excess is recoverable on proof of payment, up to twenty-five per cent of the periodic rent excused.

T

Theft

More than taking: knowingly controlling another's property with intent to deprive, misusing entrusted property, obtaining property or services by a material misrepresentation, or keeping lost property without reasonable efforts to find the owner. Less than $1,000 is a class 1 misdemeanor.

Also called stealing

More than taking: knowingly controlling another's property with intent to deprive, misusing entrusted property, obtaining property or services by a material misrepresentation, or keeping lost property without reasonable efforts to find the owner. Less than $1,000 is a class 1 misdemeanor.

What it is not

Value is not always the measure. Property taken from the person of another, or a firearm, is a class 6 felony even when worth less than $1,000.

Tip credit

Up to $3.00 an hour an employer may pay below the minimum wage to an employee who customarily and regularly receives tips, if its records show tips brought each week to at least the minimum wage for every hour worked.

Also called tipped wage

Up to $3.00 an hour an employer may pay below the minimum wage to an employee who customarily and regularly receives tips, if its records show tips brought each week to at least the minimum wage for every hour worked.

U

Unannounced entry

Entry to execute a search warrant without notice first, allowed when a magistrate authorized it on a showing that announcing would endanger someone or lead to destruction of the items, or a reasonable officer would believe so.

Also called no knock warrant

Entry to execute a search warrant without notice first, allowed when a magistrate authorized it on a showing that announcing would endanger someone or lead to destruction of the items, or a reasonable officer would believe so.

What it is not

Otherwise the officer gives notice of authority and purpose first, and breaks in only when no response comes within a reasonable time or admittance is refused.

Unlawful practice

Any deception, unfair practice, fraud, false promise or misrepresentation, or omission of a material fact meant to be relied on, in selling or advertising merchandise.

Also called consumer fraud, deceptive practice

Any deception, unfair practice, fraud, false promise or misrepresentation, or omission of a material fact meant to be relied on, in selling or advertising merchandise.

What it is not

No one has to have been misled. It is unlawful whether or not anyone was in fact misled, deceived or damaged.

W

Warrantless arrest

An arrest without a warrant, on probable cause to believe a felony was committed and the person committed it, or a misdemeanor in the officer's presence, among the grounds the section lists.

Also called probable cause arrest

An arrest without a warrant, on probable cause to believe a felony was committed and the person committed it, or a misdemeanor in the officer's presence, among the grounds the section lists.

Wilful or negligent misconduct

Misconduct connected with the employment that, as the reason for a discharge, disqualifies for the rest of that unemployment, until earning wages of five times the weekly benefit amount.

Also called fired for cause, misconduct

Misconduct connected with the employment that, as the reason for a discharge, disqualifies for the rest of that unemployment, until earning wages of five times the weekly benefit amount.

Writ of restitution

The court's order putting a party back in possession. For a material and irreparable breach, the court orders restitution not less than twelve nor more than twenty-four hours after finding it.

Also called lockout order

The court's order putting a party back in possession. For a material and irreparable breach, the court orders restitution not less than twelve nor more than twenty-four hours after finding it.

What it is not

Utilities the landlord provides may be discontinued only on the day after a writ of restitution or execution is executed, and only by a person the utility authorizes.

About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Arizona attorney answers and a glossary cannot. Current as of September 2026.