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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 Nebraska law uses, what it actually means, and the misreading it usually collects.

133 terms

A

Abandoned vehicle

A vehicle left unattended long enough that the law treats it as abandoned: more than six hours on public property with no plates, or more than seven days on private property without the owner's permission.

Also called junk car, car left on my property

A vehicle left unattended long enough that the law treats it as abandoned: more than six hours on public property with no plates, or more than seven days on private property without the owner's permission.

What it is not

A car parked legally on a public street is not abandoned on the twenty-four hour rule; that rule reaches places where parking is not allowed.

Where it applies →

Acknowledgment of an existing liability

A written admission of a debt, or a promise to pay it. On a contract, it starts the period for suing again, and so does a voluntary part payment.

Also called restarting the clock on a debt, zombie debt

A written admission of a debt, or a promise to pay it. On a contract, it starts the period for suing again, and so does a voluntary part payment.

What it is not

A small payment on an old debt is not harmless to the clock; it can restart it.

Where it applies →

Acknowledgment of paternity

A notarized form signed by the alleged father, creating a rebuttable presumption that he is the father. Any signer may rescind within sixty days, after which it is a legal finding of paternity.

Also called signing the birth certificate, paternity form

A notarized form signed by the alleged father, creating a rebuttable presumption that he is the father. Any signer may rescind within sixty days, after which it is a legal finding of paternity.

What it is not

It is not just a hospital formality; after the rescission period it can be set aside only for fraud, duress, material mistake or genetic testing.

  • Neb. Rev. Stat. § 43-1409
Where it applies →

Actual physical control

Being in control of a motor vehicle without necessarily driving it. The DUI section makes it unlawful to operate or be in the actual physical control of a motor vehicle while under the influence or at the limit.

Also called sleeping it off in the car, in control of the vehicle

Being in control of a motor vehicle without necessarily driving it. The DUI section makes it unlawful to operate or be in the actual physical control of a motor vehicle while under the influence or at the limit.

What it is not

The car does not have to be moving; the section reaches control as well as operation.

Where it applies →

Administrative license revocation

The revocation of a license by the department, separate from the criminal case, that refusing a chemical test or failing one starts.

Also called ALR, license taken after DUI arrest

The revocation of a license by the department, separate from the criminal case, that refusing a chemical test or failing one starts.

What it is not

Winning or losing the criminal case does not decide it; it runs on its own procedure.

  • Neb. Rev. Stat. § 60-6,197
Where it applies →

Affidavit for collection of personal property

A sworn statement a successor presents thirty days after a death to collect the person's personal property, where its total, less liens, is no more than one hundred thousand dollars.

Also called small estate affidavit

A sworn statement a successor presents thirty days after a death to collect the person's personal property, where its total, less liens, is no more than one hundred thousand dollars.

What it is not

It is not a way to transfer real estate; that goes through other procedures.

Where it applies →

Age of majority

Nineteen. All persons under nineteen are minors, though a person who marries younger stops being one.

Also called legal adult, nineteen

Nineteen. All persons under nineteen are minors, though a person who marries younger stops being one.

What it is not

Eighteen is not majority in Nebraska, though a person eighteen or older may sign a binding lease or contract.

  • Neb. Rev. Stat. § 43-2101
Where it applies →

Alimony

Support one spouse may be ordered to pay the other in a divorce, set by the circumstances, the length of the marriage, contributions, interrupted careers, and the ability to work.

Also called spousal support, maintenance

Support one spouse may be ordered to pay the other in a divorce, set by the circumstances, the length of the marriage, contributions, interrupted careers, and the ability to work.

What it is not

Alimony not allowed in the original decree cannot be added later.

Where it applies →

Arrest without a warrant

An arrest a peace officer may make on reasonable cause to believe the person committed a felony, or a misdemeanor where the person would otherwise escape, may cause injury, may destroy evidence, or committed it in the officer's presence.

Also called warrantless arrest

An arrest a peace officer may make on reasonable cause to believe the person committed a felony, or a misdemeanor where the person would otherwise escape, may cause injury, may destroy evidence, or committed it in the officer's presence.

What it is not

A person arrested without a warrant who stays in custody is not held indefinitely; they are brought before a court in the county within seven days.

Where it applies →

AS-1 line

The line marked AS-1 on most windshields; where there is no mark, a line five inches below and parallel to the top. Below it, the windshield is clear and transparent.

Also called windshield tint line

The line marked AS-1 on most windshields; where there is no mark, a line five inches below and parallel to the top. Below it, the windshield is clear and transparent.

What it is not

Tint above the line is allowed only if it is not red, yellow or amber.

Where it applies →

B

Breach of the security of the system

Unauthorized acquisition of unencrypted computerized data that compromises the security, confidentiality or integrity of personal information.

Also called data breach, hack

Unauthorized acquisition of unencrypted computerized data that compromises the security, confidentiality or integrity of personal information.

What it is not

Data that was encrypted is not breached, unless the key was taken too.

Where it applies →

C

Charge

A written charge under oath filed with the Equal Opportunity Commission within three hundred days after the practice.

Also called discrimination complaint, NEOC charge

A written charge under oath filed with the Equal Opportunity Commission within three hundred days after the practice.

What it is not

A complaint to the company's human resources office is not a charge and does not stop the three hundred days.

  • Neb. Rev. Stat. § 48-1118
Where it applies →

Child passenger restraint system

A car seat meeting the federal standard. Every child up to eight years of age rides in one correctly installed, and every child up to two years of age rides rear-facing until outgrowing the seat's limits.

Also called car seat, booster seat

A car seat meeting the federal standard. Every child up to eight years of age rides in one correctly installed, and every child up to two years of age rides rear-facing until outgrowing the seat's limits.

What it is not

Reaching eight does not end the duty; from eight to under eighteen a child uses an occupant protection system.

  • Neb. Rev. Stat. § 60-6,267
Where it applies →

Citation in lieu of arrest

A citation issued in place of an arrest. For an offense classified as an infraction, a citation is issued rather than an arrest, apart from the exceptions the law lists.

Also called ticket instead of arrest, cite and release

A citation issued in place of an arrest. For an offense classified as an infraction, a citation is issued rather than an arrest, apart from the exceptions the law lists.

What it is not

A citation is not a dismissal; it is a summons to answer the charge in court.

Where it applies →

Civil protective custody

Custody an officer may use for an intoxicated person who is dangerous or incapacitated, only as long as needed to preserve life or prevent injury, and never longer than twenty-four hours.

Also called detox hold, protective custody

Custody an officer may use for an intoxicated person who is dangerous or incapacitated, only as long as needed to preserve life or prevent injury, and never longer than twenty-four hours.

What it is not

It is not an arrest; being drunk in public is not a crime in Nebraska.

Where it applies →

Class W misdemeanor

The class that drunk driving carries, with a mandatory minimum of seven days and a five hundred dollars fine on a first conviction and a maximum of sixty days.

Also called DUI class, first DUI penalty

The class that drunk driving carries, with a mandatory minimum of seven days and a five hundred dollars fine on a first conviction and a maximum of sixty days.

What it is not

A first DUI is not a fine-only offense; the seven days are a mandatory minimum.

  • Neb. Rev. Stat. § 28-106
Where it applies →

Commercially reasonable

The standard a storage sale and its advertisement meet. An advertisement is commercially reasonable if at least three independent bidders attend the sale.

Also called fair sale

The standard a storage sale and its advertisement meet. An advertisement is commercially reasonable if at least three independent bidders attend the sale.

What it is not

A sale for any price at all is not automatically valid; the sale has to be commercially reasonable.

Where it applies →

Concealed handgun permit

A permit under the Concealed Handgun Permit Act, valid statewide for five years. A person who is not a minor or a prohibited person may carry a concealed handgun with or without one, apart from the places the law lists.

Also called CHP, carry permit, CCW permit

A permit under the Concealed Handgun Permit Act, valid statewide for five years. A person who is not a minor or a prohibited person may carry a concealed handgun with or without one, apart from the places the law lists.

What it is not

Carrying without a permit does not open the barred places; police stations, courtrooms, schools, hospitals and posted premises stay closed to a concealed handgun either way.

  • Neb. Rev. Stat. § 69-2433
  • Neb. Rev. Stat. § 69-2436
  • Neb. Rev. Stat. § 28-1202.01
Where it applies →

Confession of judgment

A lease term authorizing someone to admit liability on the tenant's behalf. No rental agreement may contain one, and such a term is unenforceable.

Also called cognovit clause

A lease term authorizing someone to admit liability on the tenant's behalf. No rental agreement may contain one, and such a term is unenforceable.

What it is not

Signing a lease with the term in it does not make it enforceable.

Where it applies →

Construction lien

A contractor's or supplier's lien on the property it improved, which does not attach unless recorded no later than one hundred twenty days after the final furnishing of services or materials.

Also called mechanic's lien, contractor's lien

A contractor's or supplier's lien on the property it improved, which does not attach unless recorded no later than one hundred twenty days after the final furnishing of services or materials.

What it is not

A lien is not automatic; it has to be recorded in time.

  • Neb. Rev. Stat. § 52-137
Where it applies →

Consumer fireworks

The only fireworks a person may possess or discharge, sold at retail only between June 24 and July 5 and between December 28 and January 1, inside a city or village.

Also called legal fireworks

The only fireworks a person may possess or discharge, sold at retail only between June 24 and July 5 and between December 28 and January 1, inside a city or village.

What it is not

Fireworks bought legally are not legal to set off everywhere; cities often set their own hours.

Where it applies →

Controlled-access highway

A highway entered only at set points. On one with at least two lanes in the same direction, a driver passing a stopped vehicle on the same side moves at least one lane away from it.

Also called interstate, freeway

A highway entered only at set points. On one with at least two lanes in the same direction, a driver passing a stopped vehicle on the same side moves at least one lane away from it.

What it is not

Where moving over is not possible, the duty is not gone; the driver slows and proceeds with due care.

  • Neb. Rev. Stat. § 60-6,378
Where it applies →

Course of conduct

A series of acts over a period of time, however short, with a continuity of purpose, including following, detaining, or contacting or communicating with the person.

Also called pattern of behavior

A series of acts over a period of time, however short, with a continuity of purpose, including following, detaining, or contacting or communicating with the person.

What it is not

It does not have to run long; a short period counts if the acts share a purpose.

Where it applies →

Custodian

The official who holds a public record and answers a written request for it, no more than four business days after receiving it.

Also called records officer

The official who holds a public record and answers a written request for it, no more than four business days after receiving it.

What it is not

A request need not explain why; residents and others interested may examine public records.

  • Neb. Rev. Stat. § 84-712
Where it applies →

D

Dating relationship

Frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement.

Also called dating

Frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement.

What it is not

A casual relationship, or an ordinary association in a business or social context, is not one.

Where it applies →

Deadly force

Force a person uses that is justifiable only where the person believes it necessary to protect against death, serious bodily harm, kidnapping, or sexual intercourse compelled by force or threat.

Also called lethal force

Force a person uses that is justifiable only where the person believes it necessary to protect against death, serious bodily harm, kidnapping, or sexual intercourse compelled by force or threat.

What it is not

Deadly force is not justified where the person knows it can be avoided with complete safety by retreating, except at their own dwelling or place of work.

Where it applies →

Deceptive trade practice

A business misrepresenting goods or services, selling used goods as new, advertising with intent not to sell as advertised, faking price reductions, or billing for goods never ordered, among the acts the section lists.

Also called false advertising, bait and switch

A business misrepresenting goods or services, selling used goods as new, advertising with intent not to sell as advertised, faking price reductions, or billing for goods never ordered, among the acts the section lists.

What it is not

Proof of intent to deceive or money lost is not needed for an injunction.

Where it applies →

Declaration

A signed statement by an adult of sound mind governing the withholding or withdrawal of life-sustaining treatment, witnessed by two adults or a notary.

Also called living will, advance directive

A signed statement by an adult of sound mind governing the withholding or withdrawal of life-sustaining treatment, witnessed by two adults or a notary.

What it is not

Any two adults will not always do; no more than one witness may work for a provider caring for the declarant, and none for the declarant's insurer.

Where it applies →

Delayed deposit transaction

A payday loan, where the lender holds the borrower's check. The annual percentage rate may not exceed thirty-six percent, and no check is held more than thirty-four days.

Also called payday loan, check advance

A payday loan, where the lender holds the borrower's check. The annual percentage rate may not exceed thirty-six percent, and no check is held more than thirty-four days.

What it is not

One made above the rate is not merely overpriced; it is void and nothing on it may be collected.

Where it applies →

Disclosure statement

A written statement of a home's condition that a seller of one to four dwelling units signs and delivers on or before the contract binding the buyer.

Also called seller disclosure, property condition form

A written statement of a home's condition that a seller of one to four dwelling units signs and delivers on or before the contract binding the buyer.

What it is not

It does not cover what the seller did not know; a seller may say a fact is unknown.

Where it applies →

Disposable earnings

Earnings left after deductions required by law. No more of a week's disposable earnings may be garnished than the least of twenty-five percent, the amount above thirty times the federal minimum hourly wage, or fifteen percent for a head of a family.

Also called take home pay, garnishment limit

Earnings left after deductions required by law. No more of a week's disposable earnings may be garnished than the least of twenty-five percent, the amount above thirty times the federal minimum hourly wage, or fifteen percent for a head of a family.

What it is not

The limits do not apply to support orders, bankruptcy orders, or tax debts.

Where it applies →

Disturbing the peace

Intentionally disturbing the peace and quiet of any person, family or neighborhood, a Class III misdemeanor.

Also called disorderly conduct, breach of the peace

Intentionally disturbing the peace and quiet of any person, family or neighborhood, a Class III misdemeanor.

What it is not

Loud speech alone is not the offense where it is protected; the disturbance has to be intentional.

Where it applies →

Domestic abuse protection order

A court order for a victim of domestic abuse that can bar contact, remove the respondent from the residence, give temporary custody for up to ninety days, and bar firearms, for at least one year but not more than two years.

Also called protection order, restraining order

A court order for a victim of domestic abuse that can bar contact, remove the respondent from the residence, give temporary custody for up to ninety days, and bar firearms, for at least one year but not more than two years.

What it is not

The petitioner cannot violate it; only the respondent can.

Where it applies →

Drug paraphernalia

Equipment used to manufacture, inject, ingest, inhale or otherwise take a controlled substance into the body. Using it, or possessing it with intent to use it that way, is an infraction.

Also called pipe, bong, rolling papers

Equipment used to manufacture, inject, ingest, inhale or otherwise take a controlled substance into the body. Using it, or possessing it with intent to use it that way, is an infraction.

What it is not

Possessing paraphernalia to use it is not a misdemeanor in Nebraska; it is an infraction.

Where it applies →

Durable power of attorney

A document naming an agent that survives the principal's incapacity. Under the Nebraska act a power of attorney is durable unless it expressly says otherwise, and it is acknowledged before a notary.

Also called POA, power of attorney

A document naming an agent that survives the principal's incapacity. Under the Nebraska act a power of attorney is durable unless it expressly says otherwise, and it is acknowledged before a notary.

What it is not

It is not valid unsigned before a notary or another person authorized to take acknowledgments.

Where it applies →

E

Emergency care

Care given without pay at the scene of an accident or emergency. The one who gives it is not liable for civil damages for what they did or failed to do in giving it.

Also called Good Samaritan law, helping at an accident

Care given without pay at the scene of an accident or emergency. The one who gives it is not liable for civil damages for what they did or failed to do in giving it.

What it is not

It includes entering a vehicle to remove a child where that is needed to avoid immediate harm.

  • Neb. Rev. Stat. § 25-21,186
Where it applies →

Employment certificate

A certificate an employer procures and keeps on file before employing any child under sixteen years of age.

Also called work permit, working papers

A certificate an employer procures and keeps on file before employing any child under sixteen years of age.

What it is not

It is the employer's document to keep on file; the child does not carry it to work.

Where it applies →

Employment driving permit

A permit that may let a person whose license was revoked for points drive a noncommercial vehicle for work, as may a medical hardship driving permit.

Also called work permit to drive, hardship license

A permit that may let a person whose license was revoked for points drive a noncommercial vehicle for work, as may a medical hardship driving permit.

What it is not

It does not cover a commercial motor vehicle.

Where it applies →

Entrance or exit fee

A charge a mobile home park may not impose for moving a home in or out, unless it is for services actually rendered or under a written agreement.

Also called move-in fee, move-out fee

A charge a mobile home park may not impose for moving a home in or out, unless it is for services actually rendered or under a written agreement.

What it is not

A park may still set reasonable hours for moving a home and require the work be done properly.

Where it applies →

Essential services

Running water, hot water, heat and the like. Where the landlord deliberately or negligently fails to supply them, the tenant may, after written notice, procure them and deduct the cost, recover damages, or move to substitute housing and owe no rent.

Also called heat, running water, utilities

Running water, hot water, heat and the like. Where the landlord deliberately or negligently fails to supply them, the tenant may, after written notice, procure them and deduct the cost, recover damages, or move to substitute housing and owe no rent.

What it is not

The rights do not arise before written notice, or for a condition the tenant's household caused.

  • Neb. Rev. Stat. § 76-1427
Where it applies →

Evidence of insurance

Proof that a current liability policy covers the vehicle. It may be shown as an electronic image on a phone, and an owner who cannot produce it has ten days after the request to show the prosecutor it was in force.

Also called proof of insurance, insurance card

Proof that a current liability policy covers the vehicle. It may be shown as an electronic image on a phone, and an owner who cannot produce it has ten days after the request to show the prosecutor it was in force.

What it is not

Showing the card on a phone is not consent to look at anything else on the phone.

  • Neb. Rev. Stat. § 60-387.01
  • Neb. Rev. Stat. § 60-3,167
Where it applies →

Ex parte

Issued without the other side being heard first. A protection order may be issued ex parte where the affidavit shows immediate danger, and it is a temporary order until a hearing or the time to request one passes.

Also called emergency order, temporary order

Issued without the other side being heard first. A protection order may be issued ex parte where the affidavit shows immediate danger, and it is a temporary order until a hearing or the time to request one passes.

What it is not

An ex parte order is not the end of it; the respondent may ask for a show cause hearing within ten business days after service.

Where it applies →

F

First degree criminal trespass

Entering or secretly remaining in a building or occupied structure, knowing one is not licensed or privileged to be there, a Class I misdemeanor.

Also called trespassing in a building, breaking in

Entering or secretly remaining in a building or occupied structure, knowing one is not licensed or privileged to be there, a Class I misdemeanor.

What it is not

It needs no damage and no intent to steal; being inside without permission, knowingly, is the offense.

Where it applies →

Fit and habitable

The condition a landlord keeps a rental in: making repairs after notice, substantially complying with housing codes that affect health and safety, and keeping the systems and supplied appliances in good and safe working order.

Also called habitability, livable

The condition a landlord keeps a rental in: making repairs after notice, substantially complying with housing codes that affect health and safety, and keeping the systems and supplied appliances in good and safe working order.

What it is not

The duty to repair turns on notice; it is not met by waiting for the tenant to leave.

Where it applies →

Forfeiture

Losing property to the state because it was used in a drug crime. A petition for its disposition is filed within ten days of a seizure, and anyone with an interest may answer within thirty days after it.

Also called civil forfeiture, seized cash, seized car

Losing property to the state because it was used in a drug crime. A petition for its disposition is filed within ten days of a seizure, and anyone with an interest may answer within thirty days after it.

What it is not

An owner of record who had no actual knowledge the property was being used to break the drug laws may have it released.

  • Neb. Rev. Stat. § 28-431
Where it applies →

G

Good cause

A reason for leaving work that keeps a worker eligible. One who leaves voluntarily without good cause is disqualified until earning four times the weekly benefit amount in insured work.

Also called quitting for a reason

A reason for leaving work that keeps a worker eligible. One who leaves voluntarily without good cause is disqualified until earning four times the weekly benefit amount in insured work.

What it is not

Quitting does not always disqualify; with good cause it does not.

Where it applies →

Good faith request for emergency medical assistance

A call for help for an overdose, made as soon as the emergency was apparent. Where the caller stayed and cooperated, neither the caller nor the person overdosing is in violation of the possession or paraphernalia sections.

Also called calling 911 for an overdose, Good Samaritan

A call for help for an overdose, made as soon as the emergency was apparent. Where the caller stayed and cooperated, neither the caller nor the person overdosing is in violation of the possession or paraphernalia sections.

What it is not

It does not reach drug-induced homicide or any other offense.

  • Neb. Rev. Stat. § 28-472
  • Neb. Rev. Stat. § 53-180.05
Where it applies →

H

Handheld wireless communication device

A phone or similar device. No one may use one to read, manually type or send a written communication while operating a motor vehicle that is in motion.

Also called cell phone, texting while driving

A phone or similar device. No one may use one to read, manually type or send a written communication while operating a motor vehicle that is in motion.

What it is not

The rule is about reading and typing written messages while moving, not every use of a phone.

  • Neb. Rev. Stat. § 60-6,179.01
Where it applies →

Harass

To engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens or intimidates the person and which serves no legitimate purpose.

Also called harassment

To engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens or intimidates the person and which serves no legitimate purpose.

What it is not

A single annoying act is not enough; harassment is a course of conduct.

Where it applies →

Health care power of attorney

A written, dated document naming a competent adult, and a successor, to make health care decisions when the principal cannot, witnessed by two adults or acknowledged before a notary who is not the agent.

Also called medical power of attorney, health care proxy

A written, dated document naming a competent adult, and a successor, to make health care decisions when the principal cannot, witnessed by two adults or acknowledged before a notary who is not the agent.

What it is not

It does not take effect while the principal can still decide for themselves.

Where it applies →

Holdover

A tenant staying without consent after the term ends. If it is willful and not in good faith, the tenant may owe up to three months' rent or three times the actual damages, and attorney's fees.

Also called staying past the lease, holding over

A tenant staying without consent after the term ends. If it is willful and not in good faith, the tenant may owe up to three months' rent or three times the actual damages, and attorney's fees.

What it is not

Staying a few days to move out is not automatically bad faith; the extra damages need a willful, bad faith holdover.

Where it applies →

Holographic will

A will that is valid without witnesses because the signature, the material provisions, and an indication of the date are in the maker's own handwriting.

Also called handwritten will

A will that is valid without witnesses because the signature, the material provisions, and an indication of the date are in the maker's own handwriting.

What it is not

A typed will signed by hand is not holographic; it needs two witnesses.

Where it applies →

Home solicitation sale

A personally solicited sale of consumer goods or services of twenty-five dollars or more, agreed to somewhere other than the seller's place of business, which the buyer may cancel until midnight of the third business day.

Also called door to door sale

A personally solicited sale of consumer goods or services of twenty-five dollars or more, agreed to somewhere other than the seller's place of business, which the buyer may cancel until midnight of the third business day.

What it is not

Inviting the seller over does not end the right to cancel.

Where it applies →

Homestead

The dwelling a person lives in, with its land, exempt from judgment liens and forced sale up to one hundred twenty thousand dollars in value.

Also called home exemption from creditors

The dwelling a person lives in, with its land, exempt from judgment liens and forced sale up to one hundred twenty thousand dollars in value.

What it is not

It does not protect against a mortgage or trust deed the owner signed.

Where it applies →

Homestead exemption

An exemption from property tax on a percentage of a homestead's exempt amount, set by household income, applied for with the county assessor after February 1 and on or before June 30.

Also called property tax break, form 458

An exemption from property tax on a percentage of a homestead's exempt amount, set by household income, applied for with the county assessor after February 1 and on or before June 30.

What it is not

It is not automatic; most claimants refile each year.

Where it applies →

I

Identity theft

Knowingly taking, possessing or using another person's identifying information without consent, to use their identity unlawfully, to cause loss, or to gain a benefit.

Also called stolen identity

Knowingly taking, possessing or using another person's identifying information without consent, to use their identity unlawfully, to cause loss, or to gain a benefit.

What it is not

The victim need not lose money for it to be a crime.

Where it applies →

Ignition interlock permit

The permit a person applies for during the license revocation that follows a DUI conviction, to drive a vehicle fitted with an ignition interlock.

Also called interlock, breathalyzer in the car

The permit a person applies for during the license revocation that follows a DUI conviction, to drive a vehicle fitted with an ignition interlock.

What it is not

The revocation is not lifted by the permit; the person drives on the permit during it.

  • Neb. Rev. Stat. § 60-6,197.03
Where it applies →

Incapacitated person

A person who lacks the understanding to make or communicate responsible decisions. A verified petition states specifically where, and the court sets a hearing before appointing a guardian.

Also called guardianship, incompetent

A person who lacks the understanding to make or communicate responsible decisions. A verified petition states specifically where, and the court sets a hearing before appointing a guardian.

What it is not

A guardian is not appointed on a family's word alone; the court hears the case and may appoint a lawyer for the person.

  • Neb. Rev. Stat. § 30-2619
Where it applies →

Infraction

An offense that is not a crime of any class. Where no other penalty is set, a first offense is a fine of not more than one hundred dollars.

Also called ticket, civil offense

An offense that is not a crime of any class. Where no other penalty is set, a first offense is a fine of not more than one hundred dollars.

What it is not

An infraction carries no jail where its own section sets none, but repeat offenses can rise into misdemeanor classes under the offense's section.

Where it applies →

Intestate share

What a spouse takes when there is no will: the entire estate with no issue and no parent, the first one hundred fifty thousand dollars plus half the rest in some cases, and half where a child is not the spouse's.

Also called dying without a will, who inherits

What a spouse takes when there is no will: the entire estate with no issue and no parent, the first one hundred fifty thousand dollars plus half the rest in some cases, and half where a child is not the spouse's.

What it is not

A surviving spouse does not always take everything; children from another relationship change the share.

Where it applies →

Intimate partner

A spouse or former spouse, a person with whom one has a child in common, or a person in a current or past dating relationship.

Also called partner, ex

A spouse or former spouse, a person with whom one has a child in common, or a person in a current or past dating relationship.

What it is not

Roommates and relatives are not intimate partners under the domestic assault section.

Where it applies →

Irretrievably broken

The finding a Nebraska divorce rests on. If both spouses say under oath that the marriage is irretrievably broken, or one does and the other does not deny it, the court makes the finding after a hearing.

Also called no fault divorce, grounds for divorce

The finding a Nebraska divorce rests on. If both spouses say under oath that the marriage is irretrievably broken, or one does and the other does not deny it, the court makes the finding after a hearing.

What it is not

Nobody has to prove fault; the question is whether the marriage is broken.

Where it applies →

J

Jointly and severally liable

Liable together and each for the whole. Parents are jointly and severally liable for the willful and intentional property destruction and personal injury their minor children cause.

Also called parents liable for kids

Liable together and each for the whole. Parents are jointly and severally liable for the willful and intentional property destruction and personal injury their minor children cause.

What it is not

For a personal injury, only hospital and medical expenses are recoverable, up to one thousand dollars each time.

  • Neb. Rev. Stat. § 43-801
Where it applies →

Just proportion

An equitable share of a division fence between adjoining landowners, either a share of the fenceline or of its cost, equal unless otherwise agreed.

Also called fence cost sharing

An equitable share of a division fence between adjoining landowners, either a share of the fenceline or of its cost, equal unless otherwise agreed.

What it is not

It does not force a fence that neither neighbor wants.

Where it applies →

K

Knife

Under the weapons article, any dagger, dirk, knife or stiletto with a blade over three and one-half inches that, as used or intended, can produce death or serious bodily injury, and any other dangerous instrument used to cut, stab or tear.

Also called blade, dirk, dagger

Under the weapons article, any dagger, dirk, knife or stiletto with a blade over three and one-half inches that, as used or intended, can produce death or serious bodily injury, and any other dangerous instrument used to cut, stab or tear.

What it is not

A shorter blade is not a knife under that definition, unless it is used or meant to be used as a dangerous instrument.

Where it applies →

L

Liquidated damages

A sum fixed by law rather than proven loss. A tenant unlawfully removed, excluded, or cut off from an essential service recovers three months' periodic rent as liquidated damages and a reasonable attorney's fee.

Also called three months' rent, lockout damages

A sum fixed by law rather than proven loss. A tenant unlawfully removed, excluded, or cut off from an essential service recovers three months' periodic rent as liquidated damages and a reasonable attorney's fee.

What it is not

The tenant need not prove the dollar loss of a lockout to recover the three months.

  • Neb. Rev. Stat. § 76-1430
Where it applies →

Litter

All waste material that can be dropped or discarded, meaning material in a place not associated with its function or origin.

Also called trash, dumping

All waste material that can be dropped or discarded, meaning material in a place not associated with its function or origin.

What it is not

Waste from the primary processes of farming or manufacturing is not litter under the section.

Where it applies →

M

Mandatory attendance age

The ages a child must attend school: from reaching six years of age before January 1 of the school year until reaching eighteen years of age.

Also called compulsory school age

The ages a child must attend school: from reaching six years of age before January 1 of the school year until reaching eighteen years of age.

What it is not

Sixteen is not the end of it, though a child of sixteen may be withdrawn after an exit interview.

Where it applies →

Material noncompliance

A breach serious enough to end the agreement. For one by the landlord affecting health and safety, the tenant's written notice ends the agreement at least thirty days after receipt unless it is remedied in fourteen days.

Also called material breach

A breach serious enough to end the agreement. For one by the landlord affecting health and safety, the tenant's written notice ends the agreement at least thirty days after receipt unless it is remedied in fourteen days.

What it is not

A tenant may not end the lease over a condition the tenant's own household caused.

Where it applies →

Misconduct

Conduct connected with the work that disqualifies a discharged worker from benefits for the week of the discharge and the fourteen weeks after it.

Also called fired for cause

Conduct connected with the work that disqualifies a discharged worker from benefits for the week of the discharge and the fourteen weeks after it.

What it is not

Being fired is not always misconduct; the commissioner decides whether it was.

Where it applies →

Motor vehicle homicide

Unintentionally causing another's death while operating a motor vehicle in violation of state law or a city ordinance.

Also called vehicular homicide, vehicular manslaughter

Unintentionally causing another's death while operating a motor vehicle in violation of state law or a city ordinance.

What it is not

It does not need intent or impairment; any traffic violation that causes a death can make it a Class I misdemeanor.

Where it applies →

N

No-contact period

The time after an arrest for domestic or sexual assault during which the arrested person may not contact the victim or go to the victim's residence, ending at 11:59 p.m. on the third day after the arrest.

Also called no contact after arrest

The time after an arrest for domestic or sexual assault during which the arrested person may not contact the victim or go to the victim's residence, ending at 11:59 p.m. on the third day after the arrest.

What it is not

It is not a protection order; the victim may waive it in writing.

Where it applies →

Nonconformity

A defect that keeps a new vehicle from conforming to its warranty. One that substantially impairs use and market value and survives four or more repairs, or forty days out of service, is presumed beyond a reasonable number of attempts.

Also called lemon, defect

A defect that keeps a new vehicle from conforming to its warranty. One that substantially impairs use and market value and survives four or more repairs, or forty days out of service, is presumed beyond a reasonable number of attempts.

What it is not

A defect caused by abuse, neglect or unauthorized changes is not covered.

Where it applies →

Notice of default

The notice a trustee records with the register of deeds, stating the breach and the election to sell, before a trust deed's power of sale can be used. The trustor has one month after it to cure.

Also called foreclosure notice

The notice a trustee records with the register of deeds, stating the breach and the election to sell, before a trust deed's power of sale can be used. The trustor has one month after it to cure.

What it is not

It is not the sale; notice of the sale comes only after the cure period passes.

Where it applies →

Notice of injury

Written notice to the employer, as soon as practicable, stating in ordinary language the time, place and cause of a work injury. No compensation proceeding goes forward without it.

Also called reporting a work injury

Written notice to the employer, as soon as practicable, stating in ordinary language the time, place and cause of a work injury. No compensation proceeding goes forward without it.

What it is not

Telling a coworker is not notice; the section asks for it in writing to the employer.

Where it applies →

Notice of office and purpose

The announcement an officer gives before forcing entry. After giving notice of office and purpose and being refused admittance, an officer may break open a door or window.

Also called knock and announce, no-knock warrant

The announcement an officer gives before forcing entry. After giving notice of office and purpose and being refused admittance, an officer may break open a door or window.

What it is not

Entry without notice is not the default; it is allowed only where the judge directed it on sworn proof that evidence would be destroyed or life endangered.

  • Neb. Rev. Stat. § 29-411
Where it applies →

Notice of right to cure

The written notice a mortgagee sends before foreclosing a mortgage on land used in farming, giving the mortgagor two months to pay what is due.

Also called farm foreclosure notice

The written notice a mortgagee sends before foreclosing a mortgage on land used in farming, giving the mortgagor two months to pay what is due.

What it is not

It applies to farm land in farming operations, not to every home loan.

Where it applies →

O

Obstructing a peace officer

Obstructing, impairing or hindering a peace officer enforcing the law by violence, force, physical interference or an obstacle, a Class I misdemeanor.

Also called obstruction, interfering with police

Obstructing, impairing or hindering a peace officer enforcing the law by violence, force, physical interference or an obstacle, a Class I misdemeanor.

What it is not

The section reaches physical interference and obstacles; it is not written around words alone.

Where it applies →

Occupant protection system

A seat belt. No driver may operate a motor vehicle unless the driver and each front seat occupant wear a properly adjusted and fastened occupant protection system.

Also called seat belt

A seat belt. No driver may operate a motor vehicle unless the driver and each front seat occupant wear a properly adjusted and fastened occupant protection system.

What it is not

The adult rule reaches the front seat; younger passengers have their own rules wherever they sit.

  • Neb. Rev. Stat. § 60-6,270
Where it applies →

Open alcoholic beverage container

Any bottle, can or other receptacle holding alcohol that is open, has a broken seal, or has had some of its contents removed.

Also called open container, open beer

Any bottle, can or other receptacle holding alcohol that is open, has a broken seal, or has had some of its contents removed.

What it is not

A resealed bottle is still open once the seal is broken or some was poured out.

  • Neb. Rev. Stat. § 60-6,211.08
Where it applies →

Operating a motor vehicle to avoid arrest

Fleeing in a vehicle to avoid arrest or a citation, a Class I misdemeanor, and a Class IV felony after a prior conviction or where the flight causes death or injury.

Also called fleeing, evading police, running from the police

Fleeing in a vehicle to avoid arrest or a citation, a Class I misdemeanor, and a Class IV felony after a prior conviction or where the flight causes death or injury.

What it is not

It is not only about high speed chases; driving off to avoid a ticket is the same offense.

  • Neb. Rev. Stat. § 28-905
Where it applies →

Operator's lien

The lien a self-service storage operator holds on everything in a unit for unpaid rent and charges, which the rental agreement states in bold type.

Also called storage lien

The lien a self-service storage operator holds on everything in a unit for unpaid rent and charges, which the rental agreement states in bold type.

What it is not

It does not allow a sale on the first late day; the occupant must be in default more than forty-five days.

Where it applies →

P

Passenger area

The part of a vehicle where no one may possess an open alcoholic beverage container on a highway or in a public parking area. The area behind the last upright seat of a vehicle without a trunk is not part of it.

Also called inside the car

The part of a vehicle where no one may possess an open alcoholic beverage container on a highway or in a public parking area. The area behind the last upright seat of a vehicle without a trunk is not part of it.

What it is not

Passengers are not exempt; the rule covers anyone in the passenger area, apart from a chartered limousine or bus.

  • Neb. Rev. Stat. § 60-6,211.08
Where it applies →

Perfection of service

The completed delivery of the divorce papers to the other spouse. No divorce is heard or tried until sixty days after it.

Also called being served, service of process

The completed delivery of the divorce papers to the other spouse. No divorce is heard or tried until sixty days after it.

What it is not

The sixty days do not start at filing; they start when service is perfected.

Where it applies →

Periodic rental date

The date rent falls due. A month-to-month tenancy ends by written notice given at least thirty days before the periodic rental date the notice names.

Also called rent due date

The date rent falls due. A month-to-month tenancy ends by written notice given at least thirty days before the periodic rental date the notice names.

What it is not

Thirty days from any day is not enough; the notice runs to a rental date.

Where it applies →

Personal recognizance

Release on a promise to appear, without money. A bailable defendant is released on personal recognizance unless the judge decides it will not reasonably assure appearance, or could endanger evidence or other people.

Also called PR bond, released on your own recognizance, ROR

Release on a promise to appear, without money. A bailable defendant is released on personal recognizance unless the judge decides it will not reasonably assure appearance, or could endanger evidence or other people.

What it is not

Money bail is not the starting point; where recognizance is not enough, the court imposes the least onerous condition that will do.

  • Neb. Rev. Stat. § 29-901
Where it applies →

Personal representative

The person who acts for an estate. A wrongful death action is brought by the personal representative within two years after the death, for the widow or widower and next of kin.

Also called executor, administrator

The person who acts for an estate. A wrongful death action is brought by the personal representative within two years after the death, for the widow or widower and next of kin.

What it is not

A family member does not bring the wrongful death action in their own name.

  • Neb. Rev. Stat. § 30-810
Where it applies →

Pet deposit

An additional deposit a landlord may take for a pet, of up to one-fourth of one month's rent.

Also called pet fee

An additional deposit a landlord may take for a pet, of up to one-fourth of one month's rent.

What it is not

It sits on top of the one month cap for the ordinary deposit; it is not counted inside it.

Where it applies →

Point system

The schedule of points assessed for each traffic conviction. Twelve or more points within any period of two years revokes the license and requires a driver improvement course.

Also called points on a license, driving record points

The schedule of points assessed for each traffic conviction. Twelve or more points within any period of two years revokes the license and requires a driver improvement course.

What it is not

Parking, seat belt and muffler violations do not carry points.

Where it applies →

Post-release supervision

A period of supervision after imprisonment that comes with the lower felony classes: twelve months for a Class IV felony, eighteen months for a Class IIIA, and two years for a Class III.

Also called PRS, supervision after prison

A period of supervision after imprisonment that comes with the lower felony classes: twelve months for a Class IV felony, eighteen months for a Class IIIA, and two years for a Class III.

What it is not

It is not parole; it is part of the sentence the class carries, served under the probation office.

Where it applies →

Predominant aggressor

The person an officer finds most responsible where domestic assault complaints come from both sides, weighing prior complaints, the injuries, the likelihood of future injury and justified self defense.

Also called primary aggressor

The person an officer finds most responsible where domestic assault complaints come from both sides, weighing prior complaints, the injuries, the likelihood of future injury and justified self defense.

What it is not

It is not simply whoever struck first, and the officer need not arrest the other person.

Where it applies →

Preliminary breath test

A breath test an officer with probable cause may require at the roadside of a driver under twenty-one; a driver who refuses it or fails it is placed under arrest.

Also called PBT, roadside breath test

A breath test an officer with probable cause may require at the roadside of a driver under twenty-one; a driver who refuses it or fails it is placed under arrest.

What it is not

For a driver under twenty-one, refusing it is not a way to avoid arrest; refusal leads to arrest the same as failing.

  • Neb. Rev. Stat. § 60-6,211.02
Where it applies →

Prohibited person

A person the weapons article bars from possessing a firearm, including anyone previously convicted of a felony, a fugitive from justice, a person knowingly violating a current protection order, and a person convicted within the past seven years of a misdemeanor crime of domestic violence.

Also called person barred from guns, felon in possession

A person the weapons article bars from possessing a firearm, including anyone previously convicted of a felony, a fugitive from justice, a person knowingly violating a current protection order, and a person convicted within the past seven years of a misdemeanor crime of domestic violence.

What it is not

A felony conviction does not bar only handguns; for a prohibited person, possessing any firearm is a Class ID felony for a first offense.

Where it applies →

Propelled vehicle

An automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle. Operating another's without consent is unauthorized use of a propelled vehicle.

Also called joyriding, borrowed car

An automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle. Operating another's without consent is unauthorized use of a propelled vehicle.

What it is not

A reasonable belief that the owner would have said yes is a defense; keeping the vehicle is not part of this offense.

Where it applies →

Public body

A government board or council whose meetings are open so citizens may attend and speak, because the formation of public policy is public business.

Also called city council, school board

A government board or council whose meetings are open so citizens may attend and speak, because the formation of public policy is public business.

What it is not

A closed session is the exception the Open Meetings Act allows, not the rule.

Where it applies →

Public records

All records and documents, in any form, of the state, a county, city, village, political subdivision or tax-supported district, and any of their agencies.

Also called government records, open records

All records and documents, in any form, of the state, a county, city, village, political subdivision or tax-supported district, and any of their agencies.

What it is not

Electronic records are records too; the definition reaches any form.

Where it applies →

Q

Qualified claimant

An owner of the homestead during the year of the claim who was sixty-five years of age or older before January 1 of that year.

Also called senior homestead exemption

An owner of the homestead during the year of the claim who was sixty-five years of age or older before January 1 of that year.

What it is not

Turning sixty-five during the year does not qualify for that year; the birthday comes before January 1.

Where it applies →

R

Reasonable and prudent

The speed every driver keeps whatever the posted number: no faster than is reasonable and prudent for the conditions, with care at intersections, crossings, curves, hillcrests and hazards.

Also called basic speed rule, too fast for conditions

The speed every driver keeps whatever the posted number: no faster than is reasonable and prudent for the conditions, with care at intersections, crossings, curves, hillcrests and hazards.

What it is not

Driving at or under the limit is not always lawful; in bad conditions the limit is the most, not the safe speed.

Where it applies →

Reasonable assistance

The help a driver in an injury crash gives, including taking an injured person for treatment if it is plainly needed or asked for.

Also called render aid, hit and run duty

The help a driver in an injury crash gives, including taking an injured person for treatment if it is plainly needed or asked for.

What it is not

Stopping and exchanging information is not the whole duty where someone is hurt; assistance is part of it.

Where it applies →

Reasonable cause to believe

The standard that triggers the duty to report child abuse or neglect, which reaches physicians, nurses, school employees and any other person.

Also called mandatory reporter, duty to report

The standard that triggers the duty to report child abuse or neglect, which reaches physicians, nurses, school employees and any other person.

What it is not

Certainty is not required, and the duty is not limited to professionals.

Where it applies →

Reasonable suspicion

What a peace officer needs to stop a person in a public place: a reasonable suspicion that the person is committing, has committed or is about to commit a crime. With it, the officer may demand a name, address and an explanation.

Also called suspicion, a Terry stop

What a peace officer needs to stop a person in a public place: a reasonable suspicion that the person is committing, has committed or is about to commit a crime. With it, the officer may demand a name, address and an explanation.

What it is not

The section sets no separate penalty for declining to answer; it gives the officer a right to ask, not a crime for silence.

  • Neb. Rev. Stat. § 29-829
Where it applies →

Reckless driving

Driving in a manner showing an indifferent or wanton disregard for the safety of persons or property.

Also called driving recklessly

Driving in a manner showing an indifferent or wanton disregard for the safety of persons or property.

What it is not

It is not only speed, though driving at more than double the limit is prima facie evidence of it.

  • Neb. Rev. Stat. § 60-6,213
Where it applies →

Redemption

Paying the county treasurer the sum in the tax sale certificate with interest, later taxes and fees, to keep property sold for taxes. The right ends when the purchaser files an application for a tax deed.

Also called redeeming from a tax sale

Paying the county treasurer the sum in the tax sale certificate with interest, later taxes and fees, to keep property sold for taxes. The right ends when the purchaser files an application for a tax deed.

What it is not

There is no grace after the application; a redemption received after the close of business that day is not accepted.

Where it applies →

Resisting arrest

Trying to prevent a peace officer from making an arrest by using or threatening force or violence, by means creating a substantial risk of injury, or by resistance that takes substantial force to overcome.

Also called resisting an officer

Trying to prevent a peace officer from making an arrest by using or threatening force or violence, by means creating a substantial risk of injury, or by resistance that takes substantial force to overcome.

What it is not

An unlawful arrest is not a defense to resisting it; the defense the section gives is an officer out of uniform who did not show credentials.

Where it applies →

Restricted parking lot

A properly posted lot where parking without the owner's or tenant's consent is an infraction, and the vehicle may be towed at the lot owner's request.

Also called private lot, tow away zone

A properly posted lot where parking without the owner's or tenant's consent is an infraction, and the vehicle may be towed at the lot owner's request.

What it is not

An unposted lot is not a restricted lot under the section.

Where it applies →

Retaliatory conduct

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

Also called retaliation, retaliatory eviction

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

What it is not

A tenant behind on rent is not protected by the rule; the landlord may still sue for possession.

Where it applies →

Retreat

Withdrawing to avoid a confrontation. Deadly force is not justifiable where the person knows it can be avoided with complete safety by retreating, but no one need retreat from their dwelling or place of work unless they were the initial aggressor.

Also called duty to retreat, stand your ground, castle doctrine

Withdrawing to avoid a confrontation. Deadly force is not justifiable where the person knows it can be avoided with complete safety by retreating, but no one need retreat from their dwelling or place of work unless they were the initial aggressor.

What it is not

Nebraska's section does not let a person stand their ground anywhere; outside home and work, a safe retreat comes before deadly force.

Where it applies →

S

Sealed record

A record removed from the public record. A person cannot be questioned about an offense whose record is sealed on an application for a job, license or education, and may answer as if it never occurred.

Also called sealing, not part of the public record

A record removed from the public record. A person cannot be questioned about an offense whose record is sealed on an application for a job, license or education, and may answer as if it never occurred.

What it is not

Criminal justice agencies can still see it.

Where it applies →

Search for a dangerous weapon

The search an officer may make of a person stopped on reasonable suspicion when the officer reasonably suspects being in danger of life or limb, limited to finding a dangerous weapon.

Also called frisk, pat down

The search an officer may make of a person stopped on reasonable suspicion when the officer reasonably suspects being in danger of life or limb, limited to finding a dangerous weapon.

What it is not

It is not a full search; the officer keeps a weapon or anything unlawful found until questioning ends, and returns what is lawfully possessed.

  • Neb. Rev. Stat. § 29-829
Where it applies →

Second degree criminal trespass

Entering or remaining in a place after notice against trespass, given directly, by posting, or by a fence plainly meant to keep intruders out, knowing one is not licensed or privileged to be there.

Also called trespassing on land, no trespassing sign

Entering or remaining in a place after notice against trespass, given directly, by posting, or by a fence plainly meant to keep intruders out, knowing one is not licensed or privileged to be there.

What it is not

Open land with no notice of any kind is not second degree trespass; the notice is part of the offense.

Where it applies →

Secondary action

Enforcement only alongside another violation. The texting rule is enforced only when the driver has been cited or charged with another traffic violation or offense.

Also called secondary enforcement

Enforcement only alongside another violation. The texting rule is enforced only when the driver has been cited or charged with another traffic violation or offense.

What it is not

It does not make the conduct lawful; it limits when an officer may cite for it.

  • Neb. Rev. Stat. § 60-6,179.01
Where it applies →

Security deposit

Money a landlord holds against unpaid rent and damage. It may not exceed one month's periodic rent, apart from a pet deposit, and the balance goes back with a written itemization within fourteen days after the tenancy ends.

Also called damage deposit, deposit

Money a landlord holds against unpaid rent and damage. It may not exceed one month's periodic rent, apart from a pet deposit, and the balance goes back with a written itemization within fourteen days after the tenancy ends.

What it is not

A deposit is not the last month's rent unless both sides agree; the landlord applies it to rent and damage owed.

Where it applies →

Self-proved will

A will made with the maker's acknowledgment and the witnesses' affidavits before a notary, so the witnesses need not be found later.

Also called notarized will

A will made with the maker's acknowledgment and the witnesses' affidavits before a notary, so the witnesses need not be found later.

What it is not

Notarizing does not replace the two witnesses; they sign the affidavits too.

Where it applies →

Separated from the payroll

Leaving a job for any reason. When a private employer separates an employee, the unpaid wages are due on the next regular payday or within two weeks of termination, whichever is sooner.

Also called final paycheck, last check

Leaving a job for any reason. When a private employer separates an employee, the unpaid wages are due on the next regular payday or within two weeks of termination, whichever is sooner.

What it is not

Quitting does not delay the last check; the rule applies however the job ended.

  • Neb. Rev. Stat. § 48-1230
Where it applies →

Set aside

A court order that nullifies a conviction and removes the civil disabilities it imposed, available after probation, a fine only, or a sentence of not more than one year.

Also called expungement, clearing a conviction

A court order that nullifies a conviction and removes the civil disabilities it imposed, available after probation, a fine only, or a sentence of not more than one year.

What it is not

It does not erase the record from existence; the order notes the person should ask about its effect on firearms.

Where it applies →

Setoff or counterclaim

A defendant's own claim against the plaintiff, filed and delivered at least two days before the small claims trial.

Also called countersuing

A defendant's own claim against the plaintiff, filed and delivered at least two days before the small claims trial.

What it is not

One larger than the court's limit moves the whole case to the county court docket.

Where it applies →

Show cause hearing

The hearing where a respondent may show why a temporary protection order should not remain in effect, held within thirty days after a timely request.

Also called protection order hearing

The hearing where a respondent may show why a temporary protection order should not remain in effect, held within thirty days after a timely request.

What it is not

Without a request in time, the temporary order becomes the final order without a hearing.

Where it applies →

Significant beneficial relationship

What a grandparent shows by clear and convincing evidence to win visitation, along with the child's best interests and no adverse interference with the parent-child relationship.

Also called grandparent rights

What a grandparent shows by clear and convincing evidence to win visitation, along with the child's best interests and no adverse interference with the parent-child relationship.

What it is not

Being a grandparent is not enough by itself; the relationship and its value to the child are proven.

Where it applies →

Small Claims Court

A court for civil claims of up to seven thousand five hundred dollars, beginning July 1, 2025, where parties appear without attorneys and a judge decides without a jury.

Also called small claims

A court for civil claims of up to seven thousand five hundred dollars, beginning July 1, 2025, where parties appear without attorneys and a judge decides without a jury.

What it is not

An attorney may not appear in the Small Claims Court itself, though attorneys may on appeal.

Where it applies →

Solemnized

Performed by a person authorized by law. A marriage is valid only if the license was used within one year from issuance and the marriage was solemnized.

Also called the ceremony, officiated

Performed by a person authorized by law. A marriage is valid only if the license was used within one year from issuance and the marriage was solemnized.

What it is not

A license alone does not make a marriage; it has to be used and the marriage solemnized.

Where it applies →

T

Tax deed

The deed a county treasurer issues to a tax sale purchaser of property not redeemed, after three months' notice to the owner and the waiting period the section sets.

Also called treasurer's deed

The deed a county treasurer issues to a tax sale purchaser of property not redeemed, after three months' notice to the owner and the waiting period the section sets.

What it is not

A tax sale is not the end of ownership; the deed comes later, and redemption is open until it is applied for.

Where it applies →

Tipped wage

The rate for an employee paid partly in tips: at least two dollars and thirteen cents an hour plus all tips, with the section protecting the total.

Also called server wage, tip credit

The rate for an employee paid partly in tips: at least two dollars and thirteen cents an hour plus all tips, with the section protecting the total.

What it is not

The tips are the employee's; the low cash rate does not let the employer keep them.

Where it applies →

Trust deed

A security instrument with a trustee who holds a power of sale. Cured within the time allowed, it is reinstated as if no acceleration had occurred.

Also called deed of trust, mortgage

A security instrument with a trustee who holds a power of sale. Cured within the time allowed, it is reinstated as if no acceleration had occurred.

What it is not

A sale under a trust deed does not need a lawsuit, which is why the notices matter.

Where it applies →

U

Unconscionable

An act or practice by a supplier in a consumer transaction so unfair that it violates the deceptive trade practices act. Whether it is unconscionable is a question of law for the court.

Also called grossly unfair

An act or practice by a supplier in a consumer transaction so unfair that it violates the deceptive trade practices act. Whether it is unconscionable is a question of law for the court.

What it is not

A bad bargain is not unconscionable by itself; the court decides on the setting, purpose and effect.

Where it applies →

Unlawful employment practice

An employer refusing to hire, firing, harassing, or discriminating in pay or conditions because of race, color, religion, sex, disability, marital status, national origin, or military or veteran status.

Also called job discrimination

An employer refusing to hire, firing, harassing, or discriminating in pay or conditions because of race, color, religion, sex, disability, marital status, national origin, or military or veteran status.

What it is not

Unfair treatment is not unlawful under the section unless it is because of one of those characteristics.

Where it applies →

Usury

Contracting for or taking interest above the sixteen percent ceiling where no other section allows more. The lender then recovers only the principal, without interest.

Also called illegal interest, loan sharking

Contracting for or taking interest above the sixteen percent ceiling where no other section allows more. The lender then recovers only the principal, without interest.

What it is not

A usurious contract is not void; the principal is still owed.

Where it applies →

V

Valid photographic identification

A document from the United States, Nebraska, a Nebraska agency, political subdivision or college, the military, Veterans Affairs or a recognized tribe, or a care facility record, showing the person's name and photograph.

Also called voter ID, photo ID

A document from the United States, Nebraska, a Nebraska agency, political subdivision or college, the military, Veterans Affairs or a recognized tribe, or a care facility record, showing the person's name and photograph.

What it is not

A driver's license is one form, not the only one.

Where it applies →

W

Warrant of discharge

A warrant from the Board of Pardons restoring a person sentenced for a felony to the civil rights it names, such as jury service or public office.

Also called pardon board discharge

A warrant from the Board of Pardons restoring a person sentenced for a felony to the civil rights it names, such as jury service or public office.

What it is not

Voting does not need one; the right to vote returns automatically once the sentence and parole are complete.

Where it applies →

Willful reckless driving

Driving in a manner showing a willful disregard for the safety of persons or property, which on a first conviction brings a driving ban of thirty days to one year.

Also called willful reckless

Driving in a manner showing a willful disregard for the safety of persons or property, which on a first conviction brings a driving ban of thirty days to one year.

What it is not

It is a separate charge from reckless driving, not another name for it; the difference is the willfulness.

Where it applies →

Writ of restitution

The order that restores possession to a landlord who wins an action for possession, on a date not more than ten days after it issues.

Also called eviction order, writ of possession

The order that restores possession to a landlord who wins an action for possession, on a date not more than ten days after it issues.

What it is not

A notice from the landlord is not a writ; only the court issues one, after a trial.

Where it applies →

Written inventory

The list of what officers took under a search warrant, made in the presence of the person if they are there, or before a credible witness, with a copy of the warrant and a receipt left behind.

Also called receipt for seized property, warrant return

The list of what officers took under a search warrant, made in the presence of the person if they are there, or before a credible witness, with a copy of the warrant and a receipt left behind.

What it is not

The judge gives a copy of the inventory on request; it is not kept only by the police.

Where it applies →

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