Terms Used In Montana Code > Title 3 > Chapter 11 > Part 1 - Creation and Jurisdiction

• 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.
• Certified agency: means a law enforcement agency, a public or private animal control agency, or a humane society organized for the prevention of cruelty to animals that has certification from the board to possess controlled substances approved for the purpose of euthanasia. See Montana Code 37-18-602
• Certified euthanasia technician: means an employee of a certified agency or a person who is working under the supervision of a licensed veterinarian and who has been certified by the board to administer a controlled substance approved by the board for the purpose of euthanasia. See Montana Code 37-18-602
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means any substance designated as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2. See Montana Code 37-18-602
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Euthanasia: means the act or practice of ending the life of an animal in order to end suffering or for some other humane purpose. See Montana Code 37-18-602
• Extralabel use: means the use of an approved drug in a manner that is not in accordance with the approved label directions. See Montana Code 37-18-801
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, corporation, partnership, government or governmental subdivision or agency, trust, or other legal entity. See Montana Code 37-18-602
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Statute: A law passed by a legislature.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Veterinary dispensing technician: means a nonpharmacist registered by the board of veterinary medicine to dispense veterinary prescription drugs in a veterinary retail facility. See Montana Code 37-18-801
• Veterinary prescription drugs: means drugs that are to be used or prescribed by a veterinarian licensed pursuant to 37-18-301 to a client who is the owner or caretaker of the animal in need of treatment. See Montana Code 37-18-801
• Veterinary retail facility: means an establishment registered by the board of pharmacy employing a registered veterinary dispensing technician authorized to dispense veterinary prescription drugs pursuant to bona fide orders of licensed veterinarians. See Montana Code 37-18-801
• Writing: includes printing. See Montana Code 1-1-203