Terms Used In Louisiana Revised Statutes > Title 18 > Chapter 6 - National Elections

• Accident: means an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration. See Louisiana Revised Statutes 23:1021
• Account: means the Fishermen's Gear Compensation and Underwater Obstruction Removal Dedicated Fund Account. See Louisiana Revised Statutes 30:101.3
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• Assistant secretary: means the assistant secretary of the office of conservation of the Department of Energy and Natural Resources. See Louisiana Revised Statutes 30:503
• 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
• Bequest: Property gifted by will.
• Blind student: means an individual who is identified by a functional vision assessment as having vision loss which interferes with the ability to perform academically and which requires the use of specialized textbooks, techniques, materials, or equipment to access the same academic content as the student's sighted peers or who has one of the following:

              (a) A visual acuity of 20/70 or less, near acuity in the better eye with correcting lenses, or both, or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees. See Louisiana Revised Statutes 17:1982

• Board: means the Board of Directors of the New Orleans Center for Creative Arts. See Louisiana Revised Statutes 17:1970.22
• Braille: means the system of reading and writing through touch commonly known as standard English Braille. See Louisiana Revised Statutes 17:1982
• Center: means the New Orleans Center for Creative Arts. See Louisiana Revised Statutes 17:1970.22
• 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
• Commissioner: means the Commissioner of Conservation of the State of Louisiana. See Louisiana Revised Statutes 30:3
• Commissioner: means the commissioner of conservation of the state of Louisiana. See Louisiana Revised Statutes 30:503
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:1962
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:1970.2
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:1972
• Department: means the Department of Energy and Natural Resources. See Louisiana Revised Statutes 30:101.3
• 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.
• Designated representative: is a person in a position of authority within the company he represents, such as a partner of a partnership, an officer or director of a corporation, the proprietor of a proprietorship, or anyone who acts in a managerial capacity. See Louisiana Revised Statutes 23:1176
• Devise: To gift property by will.
• Education service agency: means a regional public multiservice administrative agency authorized by state law to develop, manage, and provide services or programs to local education agencies and includes any other public institution or agency having administrative control and direction over a public elementary or secondary school. See Louisiana Revised Statutes 17:1942
• 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.
• Ex officio: Literally, by virtue of one's office.
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• 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
• Functional vision assessment: is a n organized plan for observing how a student uses vision to perform routine tasks within the educational environment and assesses whether a visual impairment is interfering with the student's ability to access educational content. See Louisiana Revised Statutes 17:1982
• 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
• Gas: means any gas derived from or composed of hydrocarbons, including synthetic gas which is produced from coal, lignite, or petroleum coke and the heat content of which synthetic gas does not exceed 800 BTUs per standard cubic foot. See Louisiana Revised Statutes 30:503
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Independent contractor: means any person who renders service, other than manual labor, for a specified recompense for a specified result either as a unit or as a whole, under the control of his principal as to results of his work only, and not as to the means by which such result is accomplished, and are expressly excluded from the provisions of this Chapter unless a substantial part of the work time of an independent contractor is spent in manual labor by him in carrying out the terms of the contract, in which case the independent contractor is expressly covered by the provisions of this Chapter. See Louisiana Revised Statutes 23:1021
• Individualized Education Program: means a written statement developed for a student eligible for special education services pursuant to the Individuals with Disabilities Education Act, Louisiana Revised Statutes 17:1982
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insurers: means insurance companies and group self-insurance associations, by whatever names. See Louisiana Revised Statutes 23:1176
• 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}
• 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}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local education agency: means a public board of education or other public authority legally constituted within Louisiana for administrative control and direction of or to perform a service function for public elementary or secondary schools in a city, parish, or other local public school district or other political subdivision. See Louisiana Revised Statutes 17:1942
• Meeting: means the cost containment meeting approved by the office of worker's compensation. See Louisiana Revised Statutes 23:1176
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Oath: A promise to tell the truth.
• Office: means the office of workers' compensation administration established pursuant to Louisiana Revised Statutes 23:1021
• 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
• 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
• 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
• Person: means any natural person, corporation, political subdivision, association, partnership, limited liability company, receiver, tutor, curator, executor, administrator, fiduciary, or representative of any kind. See Louisiana Revised Statutes 30:503
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Pool: means an underground reservoir containing a common accumulation of crude petroleum oil or natural gas or both. See Louisiana Revised Statutes 30:3
• 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}
• Producer: means the owner of a well capable of producing oil or gas or both. See Louisiana Revised Statutes 30:3
• Program: means the Fishermen's Gear Compensation and Underwater Obstruction Removal Program. See Louisiana Revised Statutes 30:101.3
• Program: means the occupational safety and health program approved by the OSHA section pursuant to Louisiana Revised Statutes 23:1176
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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}
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• School: means the Jimmy D. See Louisiana Revised Statutes 17:1962
• School: means the Louis Armstrong High School for the Arts. See Louisiana Revised Statutes 17:1970.2
• School: means the Thrive Academy. See Louisiana Revised Statutes 17:1972
• 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 or his authorized representatives. See Louisiana Revised Statutes 30:101.3
• 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.
• State Board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:1962
• State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:1970.2
• State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:1970.22
• State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:1972
• State superintendent: means the state superintendent of education. See Louisiana Revised Statutes 17:1962
• State superintendent: means the state superintendent of education. See Louisiana Revised Statutes 17:1970.2
• State superintendent: means the state superintendent of education. See Louisiana Revised Statutes 17:1972
• Statement: includes but is not limited to any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, test results, X-rays, or other evidence of loss, injury, or expense. See Louisiana Revised Statutes 23:1200.2
• 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.
• Testify: Answer questions in court.
• 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.
• 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.
• 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
• University: means the University of Louisiana at Lafayette. See Louisiana Revised Statutes 17:1970.2
• Venue: The geographical location in which a case is tried.
• Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
• Wages: means average weekly wage at the time of the accident. See Louisiana Revised Statutes 23:1021
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.