Terms Used In Indiana Code > Title 34 > Article 30 - Immunity From Civil Liability

• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• 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.
• 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}
• buyback vehicle: has the meaning set forth in Indiana Code 34-30-34-1
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• commercial motor vehicle: means a motor vehicle that is used for commercial purposes in interstate or intrastate commerce to transport property or passengers, deliver or transport goods, or provide services. See Indiana Code 34-30-35-2
• creditor: means a person:

  Indiana Code 34-30-26-1

• dealer: has the meaning set forth in Indiana Code 34-30-34-2
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• domestic animal: means a dog, cat, or other vertebrate animal that is domesticated and:

  Indiana Code 34-30-30-1

• Donee: The recipient of a gift.
• enforcement authority: has the meaning set forth in IC 36-7-9-2. See Indiana Code 34-30-26-2
• Ex officio: Literally, by virtue of one's office.
• Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{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.
• flexible fuel vehicle: means any vehicle that is equipped to operate when fueled entirely by E85. See Indiana Code 34-30-24-1
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• health care provider: means the following:

  Indiana Code 34-30-12.5-2

• Inter vivos: Transfer of property from one living person to another living person.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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.
• licensed physician: means :

  Indiana Code 34-30-15.5-2

• 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.
• motor vehicle: means an automobile, truck, or other conveyance that:

  Indiana Code 34-30-30-2

• necessary services: means the following:

  Indiana Code 34-30-25-1

• noneconomic damages: means costs for the following:

  Indiana Code 34-30-29.2-2

• 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.
• optional equipment: means equipment or a component part of a commercial motor vehicle that:

  Indiana Code 34-30-35-3

• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• owner: means a person that:

  Indiana Code 34-30-19.5-1

• person: means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a sole proprietorship. See Indiana Code 34-30-35-4
• person: means :

  Indiana Code 34-30-32-4

• 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}
• premises: means real property and any appurtenant building or structure. See Indiana Code 34-30-32-5
• private property: means a property whose owner is a person other than the state of Indiana. See Indiana Code 34-30-19.5-2
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• qualified person or entity: means any person or entity that sells, supplies, distributes, manufactures, or refines E85. See Indiana Code 34-30-24-1
• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• reservoir conservancy district: means a reservoir conservancy district established under IC 14-33-24. See Indiana Code 34-30-31.5-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• runaway or homeless youth: means an individual who:

  Indiana Code 34-30-25-2

• Subpoena: A command to a witness to appear and give testimony.
• 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.
• Trustee: A person or institution holding and administering property in trust.
• 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}
• Venue: The geographical location in which a case is tried.
• 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
• watercraft: means any instrumentality or device in or by means of which a person may be transported upon a body of water, including:

  Indiana Code 34-30-31.5-3

• wellness program: means any board, committee, commission, group, organization, or other entity that provides services by licensed health care providers and physician peer coaches for the purpose of evaluating or addressing issues concerning the wellness of licensed physicians and career fatigue in licensed physicians. See Indiana Code 34-30-15.5-3
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
• youth shelter: means an entity that:

  Indiana Code 34-30-25-3