Terms Used In North Dakota Code > Chapter 4.1-06 - Dry Bean Council

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Afield: means being away from one's home or camp. See North Dakota Code 20.1-01-02
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Aquatic nuisance species: means any nonindigenous, obligate aquatic species of plant or animal which is injurious to native and desirable aquatic species or which has a negative effect on aquatic habitats, environment, or the economy of the state. See North Dakota Code 20.1-01-02
• Arrest: Taking physical custody of a person by lawful authority.
• Associated equipment: means :

  a. See North Dakota Code 20.1-01-02

• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Big game: means deer, moose, elk, bighorn sheep, mountain goats, and antelope. See North Dakota Code 20.1-01-02
• Boat: means any vessel:

  a. See North Dakota Code 20.1-01-02

• children: includes children by birth and by adoption. See North Dakota Code 1-01-18
• Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consideration: means something of value given or done in exchange for something of value given or done by another. See North Dakota Code 20.1-01-02
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Crops: means any plant that has been harvested, collected, or stored as livestock feed, fodder, or fuel. See North Dakota Code 20.1-01-02
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day leasing: means the practice of an outfitter entering a short-term lease agreement that is intended to and does last less than twenty-four hours. See North Dakota Code 20.1-01-02
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the game and fish department. See North Dakota Code 20.1-01-02
• Dependent: A person dependent for support upon another.
• Depredation: means damage to or destruction of private property. See North Dakota Code 20.1-01-02
• Deputy director: means the deputy director of the department. See North Dakota Code 20.1-01-02
• Devise: To gift property by will.
• Director: means the director of the department. See North Dakota Code 20.1-01-02
• Disabled veteran: means a veteran who has a one hundred percent service-connected disability as determined by the department of veterans' affairs or has an extra-schedular rating to include individual unemployability that brings the veteran's total disability ratio to one hundred percent as determined by the department of veterans' affairs. See North Dakota Code 20.1-01-02
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Donor: The person who makes a gift.
• Endangered species: means any species whose prospects of survival or recruitment within the state are in jeopardy due to any of the following factors:

  a. See North Dakota Code 20.1-01-02

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Established road or trail: means any public highway or road, improved or otherwise, dedicated for public ingress or egress, or any other road or trail normally used for travel but does not include temporary trails across cultivated land used for agricultural purposes. See North Dakota Code 20.1-01-02
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
• Fraud: Intentional deception resulting in injury to another.
• Fur-bearers: includes mink, muskrats, weasels, wolverines, otters, martens, fishers, kit or swift foxes, beavers, raccoons, badgers, wolves, coyotes, bobcats, lynx, mountain lions, black bears, and red or gray foxes. See North Dakota Code 20.1-01-02
• Game birds: includes all varieties of geese, brant, swans, ducks, plovers, snipes, woodcocks, grouse, sagehens, pheasants, Hungarian partridges, quails, partridges, cranes, rails, coots, wild turkeys, mourning doves, and crows. See North Dakota Code 20.1-01-02
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guide: means an individual who is employed by or contracts with a licensed outfitter to help the outfitter furnish personal services for the conduct of outdoor recreational activities directly related to the conduct of activities for which the employing outfitter is licensed. See North Dakota Code 20.1-01-02
• Gun dogs: includes any dog used to hunt protected wildlife. See North Dakota Code 20.1-01-02
• Hunt through the internet: means to hunt wildlife in real time using internet services to remotely control actual firearms and to remotely discharge live ammunition allowing a person who is not physically present to take wildlife. See North Dakota Code 20.1-01-02
• hunting: means shooting, shooting at, pursuing, taking, attempting to take, or killing any game animals and game birds; searching for or attempting to locate or flush any game animals and game birds; luring, calling, or attempting to attract game animals and game birds; hiding for the purpose of taking or attempting to take game animals and game birds; and walking, crawling, or advancing toward wildlife while possessing implements or equipment useful in the taking of game animals or game birds. See North Dakota Code 20.1-01-02
• Immediate area: means the surrounding area within one hundred yards [91. See North Dakota Code 20.1-01-02
• Indian land: means land within the exterior boundaries of an Indian reservation held in trust by the federal government for the benefit of an Indian tribe or an Indian and land within the exterior boundaries of an Indian reservation owned in fee by an Indian tribe or an Indian. See North Dakota Code 20.1-01-02
• Individual: means a human being. See North Dakota Code 1-01-49
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Introduce: means to place, release, or allow the escape of a non-native species into a free-living state. See North Dakota Code 20.1-01-02
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Male: means a boy, man, or an individual whose biological reproductive system is developed to produce sperm. See North Dakota Code 1-01-49
• Motor-driven vehicle: means any land vehicle, with or without wheels, that is propelled by any motor. See North Dakota Code 20.1-01-02
• Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See North Dakota Code 20.1-01-02
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Non-native species: means a species that is not a native species. See North Dakota Code 20.1-01-02
• nonresident: is a ny person who has not actually lived within this state or maintained that person's residence within this state for at least six months immediately preceding the date that residence is to be determined. See North Dakota Code 20.1-01-02
• Oath: A promise to tell the truth.
• Oath: includes "affirmation". See North Dakota Code 1-01-49
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operate: means to navigate or otherwise use a motorboat or a vessel. See North Dakota Code 20.1-01-02
• Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
• Outfitter: means a person that holds the person's business operation out to the public for hire or consideration; provides facilities or services for consideration; maintains, leases, or otherwise provides compensation for the use of land and which receives compensation from a third party for use of that land; or otherwise uses equipment or accommodations for consideration for the conduct of outdoor recreational activities, including hunting animals or birds and fishing on lakes, reservoirs, rivers, and streams. See North Dakota Code 20.1-01-02
• Owner: means a person, other than a lienholder, having the property in or title to a motorboat. See North Dakota Code 20.1-01-02
• paper: means any flexible material upon which it is usual to write. See North Dakota Code 1-01-27
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Partnership: includes a limited liability partnership registered under chapter 45-22. See North Dakota Code 1-01-49
• parts thereof: includes the hide, horns, or hoofs of any animal specified and the plumage, skin, and every other part of any bird specified. See North Dakota Code 20.1-01-02
• Passenger: means every person carried on board a vessel other than:

  a. See North Dakota Code 20.1-01-02

• Person: includes every partnership, association, corporation, and limited liability company. See North Dakota Code 20.1-01-02
• Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• population: means the number of inhabitants as determined by the last preceding state or federal census. See North Dakota Code 1-01-47
• Possession: means control, actual possession, and constructive possession of the article or thing specified. See North Dakota Code 20.1-01-02
• preserve: means any privately owned or leased acreage [hectarage] on which hatchery-raised game birds are released to be hunted for a fee over an extended season. See North Dakota Code 20.1-01-02
• Primary sector business: means an individual, corporation, limited liability company, partnership, or association certified by the department of commerce division of economic development and finance which through the employment of knowledge or labor adds value to a product, process, or service which results in the creation of new wealth. See North Dakota Code 1-01-49
• Private fish hatchery: means a body of water, whether natural or artificial, and any other facilities used, maintained, or operated by any private person, firm, corporation, or limited liability company for the propagation and production of fish for sale or planting in other waters. See North Dakota Code 20.1-01-02
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
• Property: includes property, real and personal. See North Dakota Code 1-01-49
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public waters: means waters to which the general public has a right to access. See North Dakota Code 20.1-01-02
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Resident: means any person who has actually lived within this state or maintained that person's residence therein for at least six months immediately preceding the date that residence is to be determined. See North Dakota Code 20.1-01-02
• Resident species: means any species nearly all of whose individuals in this state are located within this state for at least three-fourths of annual cycle of the species. See North Dakota Code 20.1-01-02
• Retrieve: means to have taken possession and made ready for transportation. See North Dakota Code 20.1-01-02
• Rule: includes regulation. See North Dakota Code 1-01-49
• sale: means any sale or offer to sell, or possession with intent to sell, use, or dispose of, the article or thing specified, contrary to law. See North Dakota Code 20.1-01-02
• seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means the biological state of being male or female, based on the individual's nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth. See North Dakota Code 1-01-49
• Small game: includes all game birds and tree squirrels. See North Dakota Code 20.1-01-02
• Species: includes any subspecies of wildlife and any other group of wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature. See North Dakota Code 20.1-01-02
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Transport: means to cause or attempt to cause a species to be carried or moved into or within the state and includes accepting or receiving the species for transportation or shipment. See North Dakota Code 20.1-01-02
• United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
• Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
• Vessel: means any watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See North Dakota Code 20.1-01-02
• Waterfowl: includes all varieties of geese, brant, swans, ducks, rails, and coots. See North Dakota Code 20.1-01-02
• Waters of the state: means all waters of this state, including boundary waters. See North Dakota Code 20.1-01-02
• week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
• Wildlife: means any member of the animal kingdom including any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. See North Dakota Code 20.1-01-02
• written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
• year: means twelve consecutive months. See North Dakota Code 1-01-33