Indiana Code > Title 3 > Article 5 > Chapter 2 – Definitions
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Terms Used In Indiana Code > Title 3 > Article 5 > Chapter 2 - Definitions
- ADM: has the meaning set forth in IC 20-18-2-2. See Indiana Code 5-1-11.5-1
- admissions fees: means the admissions fees under IC 6-8-14. See Indiana Code 5-1-17.5-2
- Advance refunding bonds: means bonds issued for the purpose of refunding bonds first subject to redemption or maturing after the date of the advance refunding bonds. See Indiana Code 5-1-5-1
- affiliate: means any person who directly or indirectly controls, is controlled by, or is under common control of another person. See Indiana Code 4-33-23-1
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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.
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- authority: refers to the Indiana stadium and convention building authority created by this chapter. See Indiana Code 5-1-17-1
- authority: refers to the Indiana finance authority. See Indiana Code 5-1-17.5-4
- Autism: means a neurological condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. See Indiana Code 1-1-4-5
- 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.
- Bequest: Property gifted by will.
- board: refers to the board of directors of the authority. See Indiana Code 5-1-17-2
- board: refers to the board of directors of the commission. See Indiana Code 5-1-17.5-5
- Bond: means any revenue bond, general obligation bond, or advance refunding bond. See Indiana Code 5-1-5-1
- bond: as used in this chapter shall mean and include any bond issued by and which is an obligation of the county in its civil capacity; and any so-called county unit road bond which has been issued by the board of commissioners and is an obligation of the taxing district which is coterminous with the county; and any so-called gravel road bond which has been issued by the board of commissioners and is an obligation of the taxing district which is coterminous with any civil township. See Indiana Code 5-1-7-7
- bonds: as used in this chapter means any obligations issued by or in the name of any of the political subdivisions or bodies referred to in subsection (a), except obligations payable in the year in which they are issued, obligations issued in anticipation of the collection of delinquent taxes, and obligations issued in anticipation of the collection of frozen bank deposits. See Indiana Code 5-1-11-1
- bonds: means any bonds, notes, or other evidences of indebtedness, whether payable from property taxes, other taxes, revenues, fees, or any other source. See Indiana Code 5-1-11.5-2
- bonds: means bonds, notes, commercial paper, or other evidences of indebtedness. See Indiana Code 5-1-17-3
- bonds: has the meaning set forth in Indiana Code 5-1-17.5-6
- bonds: means any bonds, notes, or other evidences of indebtedness, including guaranteed energy savings contracts and advances from the common school fund, whether payable from property taxes, other taxes, revenues, or any other source. See Indiana Code 5-1-18-1
- boxing: means the art of attack and defense with the fists, or feet in the case of kickboxing, practiced as a sport. See Indiana Code 4-33-22-1
- budget agency: means the budget agency established by IC 4-12-1-3. See Indiana Code 5-1-17.5-7
- budget committee: means the budget committee established by IC 4-12-1-3. See Indiana Code 5-1-17.5-8
- capital improvement board: refers to a capital improvement board of managers created by IC 36-10-8 or IC 36-10-9. See Indiana Code 5-1-17-4
- 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.
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- commission: refers to the Indiana motorsports commission created by this chapter. See Indiana Code 5-1-17.5-9
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- confidential information: means information related to the play of paid fantasy sports games by game participants obtained solely as a result of or by virtue of a person's employment. See Indiana Code 4-33-24-3
- 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.
- Criminal history information: means information collected by criminal justice agencies or individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. See Indiana Code 5-2-4-1
- Criminal intelligence information: means information on identifiable individuals compiled in an effort to anticipate, prevent, or monitor possible criminal activity, including terrorist activity. See Indiana Code 5-2-4-1
- Criminal justice agency: means any agency or department of any level of government which performs as its principal function the apprehension, prosecution, adjudication, incarceration, or rehabilitation of criminal offenders, or location of parents with child support obligations under Indiana Code 5-2-4-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- department: refers to the department of state revenue. See Indiana Code 5-1-17.5-10
- department: refers to the department of local government finance. See Indiana Code 5-1-18-2
- Dependent: A person dependent for support upon another.
- development agreement: means the written agreement or group of written agreements that:
Indiana Code 4-33-23-2
- development provider: means :
Indiana Code 4-33-23-3
- 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.
- division: refers to the paid fantasy sports division established by section 11 of this chapter. See Indiana Code 4-33-24-4
- division: refers to the division of mental health and addiction. See Indiana Code 4-35-8.8-1
- Donor: The person who makes a gift.
- economic development payment: means monetary disbursement paid under a development agreement that is:
Indiana Code 4-33-23-4
- 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
- electronic signature: has the meaning set forth in IC 26-2-8-102(10);
Indiana Code 5-1-3-1
- 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.
- 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
- 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.
- Fiduciary: A trustee, executor, or administrator.
- 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.
- Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
- 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.
- fund: refers to the athletic fund created by this section. See Indiana Code 4-33-22-9
- fund: means the gaming integrity fund established by section 3 of this chapter. See Indiana Code 4-35-8.7-1
- game operator: means a person who:
Indiana Code 4-33-24-5
- game participant: means an individual who participates in a paid fantasy sports game offered by a game operator. See Indiana Code 4-33-24-6
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing body: means the council, commission, board of commissioners, board of directors, board of trustees, or other legislative body in which the legislative powers of the issuing body are vested. See Indiana Code 5-1-5-1
- Grantor: The person who establishes a trust and places property into it.
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- 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.
- Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- 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 any issuer of obligations that is referred to in IC 5-1-1-1(b). See Indiana Code 5-1-14-1.2
- Issuing body: means the state of Indiana, its agencies, commissions, universities, colleges, institutions, political subdivisions, counties, school corporations, hospital associations, municipal and quasi-municipal corporations, special taxing districts, and any corporation which has issued bonds payable directly or indirectly from lease rentals payable by any of the foregoing issuing bodies now or hereafter existing under the laws of the state. See Indiana Code 5-1-5-1
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- 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
- lease: means a lease of real property that is entered into by a political subdivision for a term of at least twelve (12) months, whether payable from property taxes, other taxes, revenues, or any other source. See Indiana Code 5-1-18-3
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- licensed facility: means any of the following:
Indiana Code 4-33-24-7
- licensee: means any of the following:
Indiana Code 4-33-24-8
- 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 issuing body: means an issuing body that is:
Indiana Code 5-1-5-1
- matchmaker: means a person who, under contract, agreement, or other arrangement with a boxer, acts as a booker, an agent, a booking agent, or a representative to secure:
Indiana Code 4-33-22-4
- minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
- minority: means a member of a minority group (as defined in Indiana Code 4-35-11-3
- mixed martial arts: means the unarmed physical confrontation of persons involving the use, subject to limitations as established by the commission, of a combination of techniques from different disciplines of the martial arts, including grappling, kicking, and striking. See Indiana Code 4-33-22-2
- Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- motorsports investment district: means the geographic area established as a motorsports investment district under this chapter. See Indiana Code 5-1-17.5-11
- 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-revenue water: means the difference between the amount of water that enters a water distribution system and the amount of water provided to users of the water distribution system. See Indiana Code 5-1.2-14-1.2
- non-revenue water: means the difference between the amount of water that enters a water distribution system and the amount of water provided to users of the water distribution system. See Indiana Code 5-1.2-14.5-1
- 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.
- obligations: shall include any bond, note, warrant, or other obligation; and
Indiana Code 5-1-3-1
- obligations: has the meaning set forth in IC 5-1-3-1(2). See Indiana Code 5-1-14-1.5
- Ordinance: means an ordinance of a city or town or resolution or other instrument by which the governing body of the issuing body exercising any power under this chapter takes formal action and adopts legislative provisions and matters of some permanency. See Indiana Code 5-1-5-1
- Oversight: Committee review of the activities of a Federal agency or program.
- paid fantasy sports game: means any fantasy or simulation sports game or contest that meets the following conditions:
Indiana Code 4-33-24-9
- 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 any association, corporation, limited liability company, fiduciary, individual, joint stock company, joint venture, partnership, sole proprietorship, or other private legal entity. See Indiana Code 4-33-24-10
- person: has the meaning set forth in IC 36-1-2-12. See Indiana Code 5-1-17.5-12
- Personal property: All property that is not real property.
- Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
- 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.
- political subdivision: has the meaning set forth in IC 36-1-2-13. See Indiana Code 5-1-17.5-13
- political subdivision: has the meaning set forth in IC 36-1-2-13. See Indiana Code 5-1-18-5
- Population: has the meaning set forth in Indiana Code 1-1-4-5
- 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.
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- Probate: Proving a will
- 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 boxer: means a person who competes for money, teaches, pursues, or assists in the practice of boxing as a means to obtain a livelihood or pecuniary gain. See Indiana Code 4-33-22-3
- promoter: means the person primarily responsible for organizing, promoting, and producing a professional boxing or sparring, professional unarmed combat, or professional wrestling match, contest, or exhibition. See Indiana Code 4-33-22-6
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- public entity: shall include any political subdivision as defined by IC 36-1-2, state commission, state authority, and all other public bodies corporate and politic. See Indiana Code 5-1-3-1
- qualified motorsports facility: means a facility that:
Indiana Code 5-1-17.5-14
- 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.
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- 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
- Redevelopment district: refers to the following:
Indiana Code 5-1-5-1
- 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.
- required debt service reserve: means , as of the date of computation, the amount required to be on deposit in the reserve fund as provided by resolution or trust agreement of the bank. See Indiana Code 5-1.5-5-1
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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
- sparring: means combat in which participants intend to and actually:
Indiana Code 4-33-22-5
- Special benefit taxes: means a special tax levied and collected on an ad valorem basis on property for the purpose of financing local public improvements that:
Indiana Code 5-1-5-1
- specified recipient: means a person that is named in a development agreement that:
Indiana Code 4-33-23-5
- state agency: has the meaning set forth in Indiana Code 5-1-17-5
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Tax increment revenues: means an allocation of:
Indiana Code 5-1-5-1
- 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.
- 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.
- Trustee: A person or institution holding and administering property in trust.
- unarmed combat: means the practice, or any related practice, of mixed martial arts or martial arts. See Indiana Code 4-33-22-7
- unarmed competitor: means a person who engages in an unarmed combat match, contest, exhibition, or performance. See Indiana Code 4-33-22-8
- 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
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
- unspecified recipient: means a person that is not named in a development agreement that receives a disbursement of money from a specified recipient. See Indiana Code 4-33-23-6
- Uphold: The decision of an appellate court not to reverse a lower court decision.
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
- utility: means :
Indiana Code 5-1.2-11.5-2
- Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
- 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
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5