Terms Used In Louisiana Revised Statutes > Title 23 > Chapter 3 > Part I - Minors

• abandoned waste site: means a landfill, land treatment area, pit, pond, lagoon, or other surface feature that is not actively used for oil and gas operations, whether or not declared "abandoned" under this Part, and which contains oilfield wastes, including such surrounding property necessary to contain and impound the site and to secure the area from access by the general public. See Louisiana Revised Statutes 30:73
• Account: means the Fishermen's Gear Compensation and Underwater Obstruction Removal Dedicated Fund Account. See Louisiana Revised Statutes 30:101.3
• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assistant secretary: means the assistant secretary of the office of conservation within the Department of Energy and Natural Resources or his authorized representatives. See Louisiana Revised Statutes 30:101.3
• Assistant secretary: means the assistant secretary of the office of conservation within the Department of Energy and Natural Resources or his authorized representatives. See Louisiana Revised Statutes 30:82
• 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}
• Bonds: means revenue bonds, notes, certificates, or other evidences of indebtedness issued by an issuer pursuant to La. See Louisiana Revised Statutes 30:82
• Child: means a person who has not reached age eighteen or otherwise been legally emancipated. See Louisiana Revised Statutes 17:407.33
• Child: means a person who has not reached the age of eighteen years. See Louisiana Revised Statutes 17:407.62
• Child and Adult Care Food Program: means the federal nutrition reimbursement program as funded by the United States Department of Agriculture through the state Department of Education. See Louisiana Revised Statutes 17:407.62
• Child Care and Development Fund: means the child care programs funded through the federal Child Care and Development Fund Block Grant Act and administered by the state Department of Education. See Louisiana Revised Statutes 17:407.62
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commercial fisherman: means any citizen of the state of Louisiana whose primary source of earnings is from the harvesting of living marine resources for commercial purposes. See Louisiana Revised Statutes 30:101.3
• Commission: means the Louisiana Workforce Commission. See Louisiana Revised Statutes 23:1
• Commission: means the Oilfield Site Restoration Commission. See Louisiana Revised Statutes 30:82
• Commissioner: means the commissioner of the office of conservation within the Department of Energy and Natural Resources or his authorized representatives from the injection and mining division of that office. See Louisiana Revised Statutes 30:73
• Commissioner: means the Commissioner of Conservation of the State of Louisiana. See Louisiana Revised Statutes 30:3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the Department of Energy and Natural Resources. See Louisiana Revised Statutes 30:82
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.62
• Department: means the Department of Energy and Natural Resources. See Louisiana Revised Statutes 30:101.3
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.33
• Dependent: A person dependent for support upon another.
• 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:
• Donor: The person who makes a gift.
• Early learning center: means any child day care center, Early Head Start Center, Head Start Center, or stand-alone prekindergarten program not attached to a school. See Louisiana Revised Statutes 17:407.33
• earnings: means the earnings derived solely by the personal efforts of the commercial fisherman, exclusive of the income of a spouse or of any community property interest in the income of a spouse. See Louisiana Revised Statutes 30:101.3
• 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}
• Ex officio: Literally, by virtue of one's office.
• 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.
• Family child care provider: means an individual who provides child care services for fewer than twenty-four hours per day per child, as the sole caregiver, for six or fewer children, in a private residence. See Louisiana Revised Statutes 17:407.62
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• Fishing gear: means any vessel and any equipment, whether or not attached to a vessel, which is used in the commercial handling or harvesting of living marine resources. See Louisiana Revised Statutes 30:101.3
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Oilfield Site Restoration Fund. See Louisiana Revised Statutes 30:82
• Gas: means all natural gas, including casinghead gas, and all other hydrocarbons not defined as oil in Paragraph (7) of this Section. See Louisiana Revised Statutes 30:3
• 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.
• In-home provider: means an individual who provides child care services in the child or children's own home. See Louisiana Revised Statutes 17:407.62
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• Issuer: means a public trust and public corporation organized and existing by, under, and pursuant to the provisions of La. See Louisiana Revised Statutes 30:82
• 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 type: means the type of license applied for or held, which shall include Type I, Type II, and Type III. See Louisiana Revised Statutes 17:407.33
• 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.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Oath: A promise to tell the truth.
• 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.
• Office: means the office of state fire marshal. See Louisiana Revised Statutes 17:407.62
• Oil: means crude petroleum oil, and other hydrocarbons, regardless of gravity, which are produced at the well head in liquid form by ordinary production methods. See Louisiana Revised Statutes 30:3
• Orphaned oilfield site: means an oilfield site which has no continued useful purpose for the exploration, production, or development of oil or gas and which has been declared to be an orphaned oilfield site by the assistant secretary under La. See Louisiana Revised Statutes 30:82
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the person, including operators and producers acting on behalf of the person, who has or had the right to drill into and to produce from a pool and to appropriate the production either for himself or for others. See Louisiana Revised Statutes 30:3
• 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.
• past due spousal support: means the amount of a delinquency determined under a court order under state law for support and maintenance of a spouse. See Louisiana Revised Statutes 9:325
• Person: means any natural person, corporation, association, partnership, receiver, tutor, curator, executor, administrator, fiduciary, or representative of any kind. See Louisiana Revised Statutes 30:3
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Political subdivision: means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. See Louisiana Revised Statutes 18:581
• Pool: means an underground reservoir containing a common accumulation of crude petroleum oil or natural gas or both. See Louisiana Revised Statutes 30:3
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Producer: means the owner of a well capable of producing oil or gas or both. See Louisiana Revised Statutes 30:3
• Producing oilfield site: means an oilfield site which is associated with the production of oil or gas for at least six months of the preceding calendar year. See Louisiana Revised Statutes 30:82
• Program: means the Fishermen's Gear Compensation and Underwater Obstruction Removal Program. See Louisiana Revised Statutes 30:101.3
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• related: means the child, grandchild, niece, or nephew of the primary child care provider of a family child care provider or in-home provider. See Louisiana Revised Statutes 17:407.62
• relative: means a natural or adopted child or grandchild of the caregiver or a child in the legal custody of the caregiver. See Louisiana Revised Statutes 17:407.33
• 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.
• Responsible party: means the operator of record according to the office of conservation records, who last operated the property on which the oilfield site is located at the time the site is about to be abandoned, ceases operation, or becomes an unusable oilfield site, and that operator's partners and working interest owners of that oilfield site. See Louisiana Revised Statutes 30:82
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revenues: means the revenues described in La. See Louisiana Revised Statutes 30:82
• Secretary: means the secretary of the commission. See Louisiana Revised Statutes 23:1
• Secretary: means the secretary of the Department of Energy and Natural Resources. See Louisiana Revised Statutes 30:82
• Secretary: means the secretary of the Department of Energy and Natural Resources or his authorized representatives. See Louisiana Revised Statutes 30:101.3
• 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.
• Site restoration: means any and all oilfield site restoration activities required of a responsible party of an oil or gas property by regulations adopted by the office of conservation pursuant to this Subtitle, including without limitation plugging of oil and gas wells, pit closure, site remediation, and removal of oilfield equipment. See Louisiana Revised Statutes 30:82
• Sponsoring organization: means a public or nonprofit private organization that is recognized by the department and that is entirely responsible for the administration of the Child and Adult Care Food Program for a provider. See Louisiana Revised Statutes 17:407.62
• Statute: A law passed by a legislature.
• 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.
• 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.
• 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}
• Trustee: A person or institution holding and administering property in trust.
• Underwater obstruction: means any obstacle, whether natural or manmade, which impedes normal navigation and commercial fishing on the navigable waters of the state. See Louisiana Revised Statutes 30:101.3
• Unusable oilfield site: means an oilfield site which has no continued useful purpose for the exploration, production, or development of oil or gas and for which a responsible party can be located. See Louisiana Revised Statutes 30:82
• Venue: The geographical location in which a case is tried.
• wastes: means those fluids, sludges, elements, or compounds defined or identified as oilfield wastes or non-hazardous oilfield wastes pursuant to La. See Louisiana Revised Statutes 30:73