Terms Used In Indiana Code > Title 4 > Article 5 - Secretary of State

• agency: refers to every officer, board, commission, department, division, bureau, committee, employee, and other instrumentality of the state, including: state hospitals, state penal institutions, and other state institution enterprises and activities wherever located, except, unless specifically included, the following:

  Indiana Code 4-13-2-1

• 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.
• 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
• artificial insemination: means the introduction of semen into the vagina or cervix of a woman by means other than through the act of coitus. See Indiana Code 16-41-14-2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• autologous donation: means the removal and storage of blood from a donor or patient for an intended transfusion to the same donor or patient. See Indiana Code 16-41-12-1
• bank: has the meaning set forth in Indiana Code 16-41-12-2
• blood: means any of the following:

  Indiana Code 16-41-12-2.5

• blood center: includes a blood bank, a blood storage facility, a plasma center, a hospital, or other facility where blood is collected. See Indiana Code 16-41-12-3
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• commissioner: refers to the commissioner of the department. See Indiana Code 4-13-12.1-1
• commissioner: refers to the commissioner of the department. See Indiana Code 4-13-1.7-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• confirmatory test: means a laboratory test or a series of tests approved by the state department and used in conjunction with a screening test to confirm or refute the results of the screening test for the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV). See Indiana Code 16-41-12-4
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• department: refers to the Indiana department of administration created by IC 4-13-1-2. See Indiana Code 4-13-12.1-2
• department: refers to the Indiana department of administration created by IC 4-13-1-2. See Indiana Code 4-13-1.7-2
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• 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:
• distributed for use: refers to a blood center releasing or shipping blood for use in a blood inventory intended for or made available for transfusion or injection to a patient. See Indiana Code 16-41-12-5.5
• Donor: The person who makes a gift.
• donor insemination: means artificial insemination by a donor. See Indiana Code 16-41-14-3
• effective treatment: means treatment that meets the following conditions:

  Indiana Code 16-41-16-3

• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• employer: has the meaning set forth in Indiana Code 16-41-11-1
• 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.
• facility: means a building where an individual handles blood or other body fluids in the regular course of the individual's employment. See Indiana Code 16-41-11-2
• federal government: refers to the United States, or an agency, a board, a bureau, a commission, a department, a division, an instrumentality, an office, or an officer of the United States. See Indiana Code 4-13-1.7-3
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governmental body: has the meaning set forth in IC 5-22-2-13. See Indiana Code 4-13-1.7-4
• 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.
• hemophilia: means a bleeding tendency resulting from a genetically determined deficiency factor in the blood. See Indiana Code 16-41-18-2
• hospital: has the meaning set forth in Indiana Code 16-41-12-6
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• infectious waste: means waste that epidemiologic evidence indicates is capable of transmitting a serious communicable disease (as set forth in the list published under IC 16-41-2-1). See Indiana Code 16-41-16-4
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• physician: has the meaning set forth in Indiana Code 16-41-12-7
• practitioner: means a person who:

  Indiana Code 16-41-14-4

• 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.
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• Quorum: The number of legislators that must be present to do business.
• 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).
• screening test: means a laboratory screening test or a series of tests approved by the federal Food and Drug Administration and required by the state department to be performed on blood collected under this chapter, including the following:

  Indiana Code 16-41-12-8

• secure area: means an area that is designed and maintained to prevent the entry of unauthorized persons. See Indiana Code 16-41-16-6
• services: means any and all articles and things, and all services other than personal, used by, or furnished to, any agency, including printing, binding, publication of books and records, repairs and improvements, utility services, and any and all other services required for the maintenance, operation, or upkeep of buildings and offices. See Indiana Code 4-13-2-1
• 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.
• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• Statute: A law passed by a legislature.
• storage facility: has the meaning set forth in Indiana Code 16-41-12-9
• Subpoena: A command to a witness to appear and give testimony.
• supplies: has the meaning set forth in IC 5-22-2-38. See Indiana Code 4-13-1.7-5
• surgeon: has the meaning set forth in Indiana Code 16-41-12-10
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• transfer: includes the sale, conditional sale, lease with option to purchase, lease, contract for use, grant, or gift. See Indiana Code 4-13-1.7-6
• universal precautions: means procedures specified by rule adopted by the state department under IC 4-22-2 that are used to prevent the transmission of serious communicable diseases through blood or other body fluids. See Indiana Code 16-41-11-3
• Venue: The geographical location in which a case is tried.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• veteran: includes "Hoosier veteran" and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. See Indiana Code 1-1-4-5
• waste blood specimen: means a blood sample or a solid, liquid, or semiliquid blood product that:

  Indiana Code 16-41-17-1

• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5