Sections
STATE-APPROVED ALTERNATIVE PROGRAMS 123A.05 – 123A.09
ADMINISTRATIVE SERVICE AGREEMENTS 123A.12
EDUCATION DISTRICTS 123A.15 – 123A.19
SERVICE COOPERATIVES; COOPERATIVE CENTERS; INFORMATION CENTERS; COOPERATIVE UNITS 123A.21 – 123A.27
COOPERATION AND COMBINATION 123A.30 – 123A.43
COOPERATIVE FACILITIES GRANT ACT 123A.44 – 123A.445
REALIGNING DISTRICTS 123A.45 – 123A.50
COMMON, INDEPENDENT, AND SPECIAL DISTRICTS 123A.55 – 123A.79
§ 123A.01 Definitions

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Terms Used In Minnesota Statutes > Chapter 123A - School Districts; Forms for Organizing

  • Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Airport: has the meaning given it in section 360. See Minnesota Statutes 239.051
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriate law enforcement agency: means the attorney general of the state of Minnesota, the sheriff of each county in which a pawnbroker maintains an office, or the police chief of the municipality or law enforcement officers of the municipality in which a pawnbroker maintains an office. See Minnesota Statutes 325J.01
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • ASTM: means the American Society for Testing and Materials, a private organization that utilizes committees of industry representatives and regulators to develop product quality standards and test methods to be used by industries, regulatory agencies, and purchasing agents. See Minnesota Statutes 239.051
  • ASTM specification: means a standard quality specification developed and published by the American Society for Testing and Materials. See Minnesota Statutes 239.051
  • Asymmetric cryptosystem: means an algorithm or series of algorithms that provide a secure key pair. See Minnesota Statutes 325K.01
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attest: means providing any of the following services:

    (1) an audit or other engagement performed in accordance with the Statements on Auditing Standards (SAS);

    (2) an audit or other engagement performed in accordance with the Generally Accepted Government Auditing Standards (GAGAS);

    (3) a review of a financial statement performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS);

    (4) an examination of prospective financial information performed in accordance with the Statements on Standards for Attestation Engagements (SSAE);

    (5) an engagement performed in accordance with the standards of the Public Company Accounting Oversight Board (PCAOB); and

    (6) an examination, review, or agreed-upon procedures engagement performed in accordance with SSAE, other than an examination described in clause (4). See Minnesota Statutes 326A.01

  • automotive fuel: has the meaning given it in 16 C. See Minnesota Statutes 239.051
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • 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
  • biofuel: includes both advanced and conventional biofuels. See Minnesota Statutes 239.051
  • Board: means the Minnesota Board of Accountancy established under section 326A. See Minnesota Statutes 326A.01
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Certificate: means a computer-based record that:

    (1) identifies the certification authority issuing it;

    (2) names or identifies its subscriber;

    (3) contains the subscriber's public key; and

    (4) is digitally signed by the certification authority issuing it. See Minnesota Statutes 325K.01

  • Certificate: means a certificate as a certified public accountant issued under section 326A. See Minnesota Statutes 326A.01
  • Certification authority: means a person who issues a certificate. See Minnesota Statutes 325K.01
  • Certification authority disclosure record: means an online, publicly accessible electronic record that concerns a licensed certification authority and is kept by the secretary. See Minnesota Statutes 325K.01
  • Certification practice statement: means a declaration of the practices that a certification authority employs in issuing certificates generally, or employed in issuing a material certificate. See Minnesota Statutes 325K.01
  • Certify: means to declare with reference to a certificate, with ample opportunity to reflect, and with a duty to apprise oneself of all material facts. See Minnesota Statutes 325K.01
  • Chair: includes chairman, chairwoman, and chairperson. See Minnesota Statutes 645.44
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • children: includes children by birth or adoption;

    (9) "day" comprises the time from midnight to the next midnight;

    (10) "fiscal year" means the year by or for which accounts are reckoned;

    (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

    (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

    (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

    (14) "minor" means an individual under the age of 18 years;

    (15) "money" means lawful money of the United States;

    (16) "night time" means the time from sunset to sunrise;

    (17) "non compos mentis" refers to an individual of unsound mind;

    (18) "notary" means a notary public;

    (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

    (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

  • Client: means a person or entity that agrees with a licensee, a person registered under section 326A. See Minnesota Statutes 326A.01
  • Collector vehicle: means a motor vehicle for which the commissioner of public safety has issued a pioneer license, classic car license, collector license, or street rod license under section 168. See Minnesota Statutes 239.051
  • Commissioner: means the commissioner of the Department of Commerce. See Minnesota Statutes 239.051
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Competitive service: means a service that has been determined to be subject to effective competition or emerging competition. See Minnesota Statutes 237.57
  • Compilation: means the provision of a service performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) that presents in the form of financial statements information that is the representation of management or owners without undertaking to express any assurance on the statements. See Minnesota Statutes 326A.01
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confirm: means to ascertain through appropriate inquiry and investigation. See Minnesota Statutes 325K.01
  • Consumer: means a person who agrees to pay a fee to an Internet service provider for access to the Internet for personal, family, or household purposes, and who does not resell access. See Minnesota Statutes 325M.01
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conventional biofuel: means ethanol derived from cornstarch, as defined in Public Law 110-140, title 2, subtitle A, section 201. See Minnesota Statutes 239.051
  • 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.
  • Correct: when used in connection with weights and measures, means conformance with the applicable requirements of this chapter, and rules adopted under the authority granted by this chapter. See Minnesota Statutes 239.051
  • court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
  • CPA firm: means a sole proprietorship, a corporation, a partnership, or any other form of organization issued a permit under section 326A. See Minnesota Statutes 326A.01
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Commerce. See Minnesota Statutes 239.051
  • Dependent: A person dependent for support upon another.
  • digitally signed: means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine:

    (1) whether the transformation was created using the private key that corresponds to the signer's public key; and

    (2) whether the initial message has been altered since the transformation was made. See Minnesota Statutes 325K.01

  • Director: means the director of the Division of Weights and Measures of the Department of Commerce. See Minnesota Statutes 239.051
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispenser: means a device designed to measure and deliver liquid petroleum products used as fuel. See Minnesota Statutes 239.051
  • Distributor: means a person who is licensed by the Department of Revenue, under the requirements of section 296A. See Minnesota Statutes 239.051
  • Division: means the Division of Weights and Measures of the Department of Commerce. See Minnesota Statutes 239.051
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • EPA: means the United States Environmental Protection Agency. See Minnesota Statutes 239.051
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ethanol blender: means a person who blends and distributes, transports, sells, or offers to sell gasoline containing ethanol. See Minnesota Statutes 239.051
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means a national or state-chartered commercial bank or trust company, savings bank, savings association, or credit union authorized to do business in the state of Minnesota and the deposits of which are federally insured. See Minnesota Statutes 325K.01
  • 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.
  • Folio: means 100 words, counting as a word each number necessarily used; if there be fewer than 100 words in all, the paper shall be computed as one folio; likewise any excess over the last full folio. See Minnesota Statutes 645.44
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gasoline: has the meaning given it in section 296A. See Minnesota Statutes 239.051
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hold a private key: means to be authorized to utilize a private key. See Minnesota Statutes 325K.01
  • Holiday: includes New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Juneteenth, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Indigenous Peoples Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. See Minnesota Statutes 645.44
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent telephone company: means a telephone company organized and operating under chapter 301 or 302A or authorized to do business in Minnesota under chapter 303 as of January 1, 1983, and providing local exchange service to fewer than 30,000 subscribers within the state. See Minnesota Statutes 237.01
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internet service provider: means a business or person who provides consumers authenticated access to, or presence on, the Internet by means of a switched or dedicated telecommunications channel upon which the provider provides transit routing of Internet Protocol (IP) packets for and on behalf of the consumer. See Minnesota Statutes 325M.01
  • Intestate: Dying without leaving a will.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • Key pair: means a private key and its corresponding public key in an asymmetric cryptosystem, keys which have the property that the public key can verify a digital signature that the private key creates. See Minnesota Statutes 325K.01
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a certificate issued under section 326A. See Minnesota Statutes 326A.01
  • Licensed certification authority: means a certification authority to whom a license has been issued by the secretary and whose license is in effect, or a certification authority who operates under a license issued by a governmental entity which has been certified pursuant to section 325K. See Minnesota Statutes 325K.01
  • Licensee: means the holder of a license. See Minnesota Statutes 326A.01
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local exchange carrier: means a telephone company or telecommunications carrier providing local exchange service. See Minnesota Statutes 237.01
  • Majority leader: see Floor Leaders
  • Manager: means a manager of a limited liability company. See Minnesota Statutes 326A.01
  • Marina: has the meaning given it in section 86A. See Minnesota Statutes 239.051
  • Member: means a member of a limited liability company. See Minnesota Statutes 326A.01
  • Message: means a digital representation of information. See Minnesota Statutes 325K.01
  • Metrology: means the science and practice of precise measurement, including measurement of mass, length, volume, and temperature. See Minnesota Statutes 239.051
  • Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
  • Minority: means with respect to an individual the period of time during which the individual is a minor. See Minnesota Statutes 645.451
  • Minority leader: See Floor Leaders
  • Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Municipality: means any town, home rule charter or statutory city, or county that elects to regulate and license pawnbrokers within its jurisdiction pursuant to local ordinance. See Minnesota Statutes 325J.01
  • Net weight: means the weight of a commodity excluding materials, substances, or items not considered to be part of the commodity. See Minnesota Statutes 239.051
  • 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.
  • Noncompetitive service: means a service that has not been classified as competitive by the commission. See Minnesota Statutes 237.57
  • Notify: means to communicate a fact to another person in a manner reasonably likely under the circumstances to impart knowledge of the information to the other person. See Minnesota Statutes 325K.01
  • Oath: A promise to tell the truth.
  • Oath: includes "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases "swear" includes "affirm" and "sworn" "affirmed. See Minnesota Statutes 645.44
  • 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.
  • Operative personnel: means one or more natural persons acting as a certification authority or its agent, or in the employment of, or under contract with, a certification authority, and who have duties directly involving the issuance of certificates, creation of private keys, or administration of a certification authority's computing facilities. See Minnesota Statutes 325K.01
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Ordinary course of business: means debt-collection activities, order fulfillment, request processing, or the transfer of ownership. See Minnesota Statutes 325M.01
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Oxygenate: means agriculturally derived, denatured ethanol, ETBE, MTBE, or other alcohol or ether, approved as an oxygenate by the United States Environmental Protection Agency. See Minnesota Statutes 239.051
  • Oxygenated gasoline: means gasoline that has been blended with agriculturally derived denatured ethanol or with another oxygenate approved by the United States Environmental Protection Agency. See Minnesota Statutes 239.051
  • Package: means a commodity put up or packaged in advance of sale in units suitable for either wholesale or retail sale. See Minnesota Statutes 239.051
  • 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.
  • Pawn transaction: means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. See Minnesota Statutes 325J.01
  • pawnbroker: means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. See Minnesota Statutes 325J.01
  • Pawnshop: means the location at which or premises in which a pawnbroker regularly conducts business. See Minnesota Statutes 325J.01
  • Peer review: means an independent study, appraisal, or review of one or more aspects of the professional work of a licensee or CPA firm that issues attest or compilation reports, or the professional work of a person registered under section 326A. See Minnesota Statutes 326A.01
  • Permit: means a permit to practice as a CPA firm issued under section 326A. See Minnesota Statutes 326A.01
  • Person: means an individual, partnership, corporation, limited liability company, joint venture, trust, association, or any other legal entity, however organized. See Minnesota Statutes 325J.01
  • Person: means a human being or an organization capable of signing a document, either legally or as a matter of fact. See Minnesota Statutes 325K.01
  • Person: means person or persons, corporation, partnership, stock company, society, association, or the agent or employee thereof. See Minnesota Statutes 239.051
  • Person responsible for the product: means a person or persons, corporation, partnership, stock company, society, association, or its agent or employee who processes, blends, holds, stores, imports, transfers, distributes, offers for sale or use, or sells petroleum products in Minnesota and who possesses petroleum products at the time they are sampled or inspected by the director. See Minnesota Statutes 239.051
  • Personally identifiable information: means information that identifies:

    (1) a consumer by physical or electronic address or telephone number;

    (2) a consumer as having requested or obtained specific materials or services from an Internet service provider;

    (3) Internet or online sites visited by a consumer; or

    (4) any of the contents of a consumer's data-storage devices. See Minnesota Statutes 325M.01

  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pledged goods: means tangible personal property other than choses in action, securities, bank drafts, or printed evidence of indebtedness, that are purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction. See Minnesota Statutes 325J.01
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Primary standards: means the physical standards of the state that serve as the legal reference from which all other standards and weights and measures are derived. See Minnesota Statutes 239.051
  • Principal place of business: means the office location designated by the licensee for purposes of substantial equivalency and reciprocity. See Minnesota Statutes 326A.01
  • Private key: means the key of a key pair used to create a digital signature. See Minnesota Statutes 325K.01
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Professional: means arising out of or related to the specialized knowledge or skills associated with certified public accountants or persons registered under section 326A. See Minnesota Statutes 326A.01
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public key: means the key of a key pair used to verify a digital signature. See Minnesota Statutes 325K.01
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Publish: means to record or file in a repository. See Minnesota Statutes 325K.01
  • Qualified right to payment: means an award of damages against a licensed certification authority by a court having jurisdiction over the certification authority in a civil action for violation of this chapter. See Minnesota Statutes 325K.01
  • 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.
  • Recipient: means a person who has received a certificate and a digital signature verifiable with reference to a public key listed in the certificate and is in a position to rely on it. See Minnesota Statutes 325K.01
  • Recognized repository: means a repository recognized by the secretary under section 325K. See Minnesota Statutes 325K.01
  • Recommended reliance limit: means the monetary amount recommended for reliance on a certificate under section 325K. See Minnesota Statutes 325K.01
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • report: includes any form of language that disclaims an opinion when the form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competence on the part of the person or firm issuing the language. See Minnesota Statutes 326A.01
  • 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).
  • Repository: means a system for storing and retrieving certificates and other information relevant to digital signatures. See Minnesota Statutes 325K.01
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resort: has the meaning given it in section 157. See Minnesota Statutes 239.051
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revoke a certificate: means to make a certificate ineffective permanently from a specified time forward. See Minnesota Statutes 325K.01
  • Sample: means a sample of a petroleum product taken from a dispenser or storage tank by the division or a sample of a petroleum product provided to the division by a licensed distributor. See Minnesota Statutes 239.051
  • seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
  • Secretary: means the Minnesota secretary of state. See Minnesota Statutes 325K.01
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • State: means any state of the United States, the District of Columbia, Puerto Rico, the U. See Minnesota Statutes 326A.01
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscriber: means a person who:

    (1) is the subject listed in a certificate;

    (2) accepts the certificate; and

    (3) holds a private key that corresponds to a public key listed in that certificate. See Minnesota Statutes 325K.01

  • Substantial equivalency: is a determination by the Board of Accountancy or its designee that the education, examination, and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed the education requirements in section 326A. See Minnesota Statutes 326A.01
  • Suitable guaranty: means :

    (1) a surety bond or an irrevocable letter of credit issued for the benefit of persons holding qualified rights of payment against the licensed certification authority named as the principal of the bond or the customer of the letter of credit; or

    (2) a policy of insurance that provides that claims may be made and resolved without obtaining a qualified right to payment. See Minnesota Statutes 325K.01

  • Summary suspension: means a temporary rescission of a certification authority's license by order of the secretary. See Minnesota Statutes 325K.01
  • Summons: Another word for subpoena used by the criminal justice system.
  • Suspend a certificate: means to make a certificate ineffective temporarily for a specified time forward. See Minnesota Statutes 325K.01
  • Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44
  • Telecommunications carrier: means a person, firm, association, or corporation authorized to furnish one or more of the following telephone services to the public, but not otherwise authorized to furnish local exchange service: (1) interexchange telephone service; (2) local telephone service pursuant to a certificate granted under the authority of section 237. See Minnesota Statutes 237.01
  • Telecommunications service: means the offering of telecommunications for a fee directly to the public or to such classes of users as to be effectively available to the public regardless of the facilities used. See Minnesota Statutes 237.01
  • Telecommunications service provider: means any provider of telecommunications service. See Minnesota Statutes 237.01
  • Telephone company: means and applies to any person, firm, association or any corporation, private or municipal, owning or operating any telephone line or telephone exchange for hire, wholly or partly within this state, or furnishing any telephone service to the public. See Minnesota Statutes 237.01
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • terminal: means a petroleum refinery, pipeline terminal, river terminal, storage facility, or other point of origin where liquefied petroleum gas or petroleum products are manufactured, or imported by rail, truck, barge, or pipe; and held, stored, transferred, offered for distribution, distributed, offered for sale, or sold. See Minnesota Statutes 239.051
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • this state: means the state of Minnesota. See Minnesota Statutes 326A.01
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transactional certificate: means a valid certificate incorporating by reference one or more of the digital signatures. See Minnesota Statutes 325K.01
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustworthy system: means computer hardware and software that:

    (1) are reasonably secure from intrusion and misuse;

    (2) provide a reasonable level of availability, reliability, and correct operation; and

    (3) are reasonably suited to performing their intended functions. See Minnesota Statutes 325K.01

  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Valid certificate: means a certificate that:

    (1) a licensed certification authority has issued;

    (2) the subscriber listed in it has accepted;

    (3) has not been revoked or suspended; and

    (4) has not expired. See Minnesota Statutes 325K.01

  • Venue: The geographical location in which a case is tried.
  • verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
  • Verify a digital signature: means , in relation to a given digital signature, message, and public key, to determine accurately that:

    (1) the digital signature was created by the private key corresponding to the public key; and

    (2) the message has not been altered since its digital signature was created. See Minnesota Statutes 325K.01

  • Violate: includes failure to comply with. See Minnesota Statutes 645.44
  • Weight: means net weight when it is used in connection with a commodity sold by weight. See Minnesota Statutes 239.051
  • Wholesale transport provider: means any person, firm, association, or corporation that carries, delivers, routes, or transports any telecommunications service subject to the commission's jurisdiction, directly or indirectly, but is not certified in Minnesota to provide retail telecommunications service to the public. See Minnesota Statutes 237.01
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.