Terms Used In Indiana Code > Title 4 > Article 23 > Chapter 24.1 - Dr. Martin Luther King Jr. Indiana Holiday Commission

• Appraisal: A determination of property value.
• 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
• authorized driver: means :

  Indiana Code 24-4-9-1

• brand family: means cigarettes that are:

  Indiana Code 24-3-5.4-1

• child resistant packaging: means packaging that:

  Indiana Code 24-3-7-2

• circulating product: includes :

  Indiana Code 24-4-5-1.1

• commission: refers to the alcohol and tobacco commission created by Indiana Code 24-3-6-1
• commission: means compensation that accrues to a sales representative, for payment by a principal, at a rate expressed as a percentage of the dollar amount of orders taken or sales made by the sales representative. See Indiana Code 24-4-7-1
• commission: means the alcohol and tobacco commission created by Indiana Code 24-3-5.4-3
• commission: refers to the alcohol and tobacco commission created by Indiana Code 24-3-7-3
• commission: refers to the Dr. See Indiana Code 4-23-24.1-1
• 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.
• Consumer: shall be deemed to mean an individual, firm, partnership, association, limited liability company, or corporation who buys for his or its own use, or for the use of another but not for resale. See Indiana Code 24-4-3-1
• 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.
• damage: means physical damage or loss to a vehicle, including loss of use of the vehicle and the cost and expenses incident to any damage or loss. See Indiana Code 24-4-9-3
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• delivery container: means a permanent container used by:

  Indiana Code 24-4-5-1.2

• department: means the department of state revenue. See Indiana Code 24-3-5.4-4
• Devise: To gift property by will.
• direct molding process: means any process by which a manufactured watercraft or its component part is used as a plug for the making of a mold from which a duplicate of the watercraft or component is made. See Indiana Code 24-4-8-1
• distributor: means a distributor (as defined in IC 6-7-1-6) that holds a registration certificate issued under IC 6-7-1-16. See Indiana Code 24-3-6-2
• distributor: means a person that:

  Indiana Code 24-3-5.4-5

• electronic cigarette: means a device that is capable of providing an inhalable dose of nicotine by delivering a vaporized solution. See Indiana Code 24-3-7-4
• electronic delivery device: means any product that:

  Indiana Code 24-3-7-5

• 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.
• 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.
• importer: means a person that brings cigarettes into the United States for sale or distribution. See Indiana Code 24-3-6-3
• importer: means a person that imports, other than for personal consumption, one (1) or more brand families of a nonparticipating manufacturer. See Indiana Code 24-3-5.4-5.5
• 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.
• 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}
• licensed: means holding a license issued under section 9 of this chapter. See Indiana Code 24-3-6-4
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• manufacturer: means a person that manufactures or otherwise produces cigarettes to be sold in the United States. See Indiana Code 24-3-6-5
• master settlement agreement: has the meaning set forth in IC 24-3-3-6. See Indiana Code 24-3-5.4-6
• mold: means any pattern, hollow form, matrix, or other device for giving shape or form to material in a plastic or molten state. See Indiana Code 24-4-8-2
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• newly qualified nonparticipating manufacturer: means a nonparticipating manufacturer:

  Indiana Code 24-3-5.4-6.5

• nicotine liquid container: means a bottle or other container that:

  Indiana Code 24-3-7-6

• nonparticipating manufacturer: means a tobacco product manufacturer that is not a participating manufacturer. See Indiana Code 24-3-5.4-7
• participating manufacturer: has the meaning set forth in IC 24-3-3-12(1). See Indiana Code 24-3-5.4-8
• 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: has the meaning set forth in IC 6-7-1-4. See Indiana Code 24-3-6-6
• Person: shall be deemed to mean a person, firm, partnership, association, limited liability company, or corporation. See Indiana Code 24-4-3-1
• person: means an individual, a firm, a partnership, limited liability company, an association, a joint stock company, a corporation, a trust, an estate, or any combination of individuals. See Indiana Code 24-4-9-4
• person: means an individual, corporation, limited liability company, partnership, unincorporated association, estate, or trust. See Indiana Code 24-4-7-2
• Plaintiff: The person who files the complaint in a civil lawsuit.
• plug: means a manufactured item used to make a mold. See Indiana Code 24-4-8-3
• 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.
• principal: means a person who:

  Indiana Code 24-4-7-3

• Property: includes personal and real property. See Indiana Code 1-1-4-5
• qualified escrow fund: has the meaning set forth in IC 24-3-3-7. See Indiana Code 24-3-5.4-9
• Quorum: The number of legislators that must be present to do business.
• registrant: means a supplier of a circulating product or the owner of a delivery container who has filed under section 1 of this chapter a description of a name, mark, or device used to indicate the ownership of the circulating product or delivery container. See Indiana Code 24-4-5-1.3
• rental agreement: means a written contract:

  Indiana Code 24-4-9-5

• rental company: means any person engaged in the business of regularly making available, or arranging for another person to use, a vehicle under a rental agreement. See Indiana Code 24-4-9-7
• renter: means a person who obtains the use of a vehicle from a rental company under a rental agreement. See Indiana Code 24-4-9-6
• retailer: means a person that sells cigarettes to a consumer. See Indiana Code 24-3-6-7
• sales representative: means a person who:

  Indiana Code 24-4-7-4

• second-hand watch: shall be deemed to mean:

  Indiana Code 24-4-3-1

• 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.
• stamp: has the meaning set forth in IC 6-7-1-9. See Indiana Code 24-3-6-8
• stamping agent: means a person that may affix a stamp to a package of cigarettes under IC 6-7-1-15. See Indiana Code 24-3-5.4-10
• tobacco product manufacturer: has the meaning set forth in IC 24-3-3-10. See Indiana Code 24-3-5.4-11
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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
• units sold: has the meaning set forth in IC 24-3-3-11. See Indiana Code 24-3-5.4-12
• vehicle: means a private passenger motor vehicle primarily designed for transporting passengers. See Indiana Code 24-4-9-8
• vehicle license cost recovery fee: means a charge imposed by a rental company to recover costs incurred by the rental company in licensing, titling, registering, plating, and inspecting a vehicle. See Indiana Code 24-4-9-8.5
• waiver: means any contract or contract provision, whether separate from or a part of a rental agreement, under which a rental company agrees to waive all claims against the renter for any physical or mechanical damage or other loss or liability, as described in section 13 of this chapter, to or in connection with the rented vehicle during the term of the rental agreement. See Indiana Code 24-4-9-2
• watercraft: means any instrumentality or device in or by means of which a person may be transported upon waters and includes a motorboat, sailboat, rowboat, skiff, dinghy, or canoe of whatever length or size. See Indiana Code 24-4-8-4
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5