Terms Used In Indiana Code > Title 4 > Article 23 > Chapter 15 - Governor's Residence Commission

• 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.
• affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See Indiana Code 24-3-3-3
• allocable share: means Allocable Share as that term is defined in the Master Settlement Agreement. See Indiana Code 24-3-3-4
• 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
• Bequest: Property gifted by will.
• cigarette: includes "roll-your-own" tobacco (i. See Indiana Code 24-3-3-5
• cigarette: has the meaning set forth in IC 6-7-1-2. See Indiana Code 24-3-5-0.1
• cigarette: has the meaning set forth in IC 24-3-2-2(a). See Indiana Code 24-3-4-2
• commission: refers to the alcohol and tobacco commission created by Indiana Code 24-3-5-0.3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• delivery sale: means a transaction for the purchase of tobacco products in which an offer to purchase tobacco products is made:

  Indiana Code 24-3-5-1

• department: refers to the department of state revenue. See Indiana Code 24-3-4-3
• distributor: includes the following:

  Indiana Code 24-3-5-1.5

• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• 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.
• 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
• law enforcement officer: has the meaning set forth in Indiana Code 24-3-4-5
• manufacturer: means a person who manufactures a product made from tobacco that is made for smoking or chewing, including snuff. See Indiana Code 24-3-4-6
• Master Settlement Agreement: means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. See Indiana Code 24-3-3-6
• merchant: means a person or an entity that engages in the selling of tobacco products by delivery sale. See Indiana Code 24-3-5-2
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• 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.
• 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 24-3-2-2(b). See Indiana Code 24-3-4-7
• person: means an individual, partnership, committee, association, corporation, or any other organization or group of persons. See Indiana Code 24-3-3-3
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• released claims: means Released Claims as that term is defined in the Master Settlement Agreement. See Indiana Code 24-3-3-8
• releasing parties: means Releasing Parties as that term is defined in the Master Settlement Agreement. See Indiana Code 24-3-3-9
• 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.
• tobacco product manufacturer: means an entity that after June 30, 1999, directly (and not exclusively through any affiliate):

  Indiana Code 24-3-3-10

• 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: means the number of individual cigarettes sold in Indiana by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question. See Indiana Code 24-3-3-11
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5