Terms Used In Indiana Code > Title 4 > Article 23 > Chapter 28 - Commission on Hispanic/Latino Affairs

• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• 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
• business day: means a day other than Sunday or a legal holiday. See Indiana Code 24-5-10-1
• Business day: means a day other than Sunday or a legal holiday. See Indiana Code 24-5-7-1
• Business opportunity: means an investment that:

  Indiana Code 24-5-8-1

• Buyer: means a purchaser of services under a contract for health spa services. See Indiana Code 24-5-7-1
• commission: refers to the commission on Hispanic/Latino affairs established by section 2 of this chapter. See Indiana Code 4-23-28-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• consumer: means an individual who is the ultimate user of the subject of a consumer transaction. See Indiana Code 24-5-10-2
• consumer transaction: means a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible to an individual for purposes that are primarily personal, family, or household, or a solicitation to supply any of these things, with or without an extension of credit. See Indiana Code 24-5-10-3
• Consumer transaction: means a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible, except securities and policies or contracts of insurance issued by corporations authorized to transact an insurance business under the laws of the state of Indiana, with or without an extension of credit, to a person for purposes that are primarily personal, familial, charitable, agricultural, or household, or a solicitation to supply any of these things. See Indiana Code 24-5-0.5-2
• Contract: means any agreement relating to a business opportunity. See Indiana Code 24-5-8-1
• Contract: means a contract for health spa services entered into after August 31, 1983. See Indiana Code 24-5-7-1
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Debt: has the meaning set forth in Indiana Code 24-5-0.5-2
• Debt collector: has the meaning set forth in Indiana Code 24-5-0.5-2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Directory assistance: means the disclosure of telephone number information in connection with an identified telephone service subscriber by means of a live operator or automated service. See Indiana Code 24-5-0.5-2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• 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.
• 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}
• 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.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Goods: means any merchandise, equipment, product, supply, or material. See Indiana Code 24-5-8-1
• Health spa: means any business entity, other than an entity that is exempt from taxation under Section 501 of the Internal Revenue Code, offering health spa services to the public. See Indiana Code 24-5-7-1
• Health spa services: means instruction, training, or assistance in physical culture, bodybuilding, exercising, reducing, figure development, or any other health spa service, for the use of the facilities of a health spa, figure salon, weight loss clinic, gymnasium, or other facility used for the delivery of health spa services, or for membership in any group, club, association, or organization formed to deliver health spa services. See Indiana Code 24-5-7-1
• home consumer transaction: means a consumer transaction that the consumer did not solicit that results from the direct contact by a supplier at a place other than the supplier's permanent place of business. See Indiana Code 24-5-10-4
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Incurable deceptive act: means a deceptive act done by a supplier as part of a scheme, artifice, or device with intent to defraud or mislead. See Indiana Code 24-5-0.5-2
• Initial cash payment: means that portion of the initial payment that the investor is obligated to pay to the seller before or at the time of delivery of goods or services. See Indiana Code 24-5-8-1
• Initial payment: means the total amount an investor is obligated to pay under the terms of the contract before or at the time of delivery of the goods or services to the investor or within six (6) months of the date that the investor commences operation of the business. See Indiana Code 24-5-8-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Investor: means a person who is solicited to become obligated or does become obligated on a contract. See Indiana Code 24-5-8-1
• 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.
• 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}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local telephone directory: refers to a telephone classified advertising directory or the business section of a telephone directory that is distributed by a telephone company or directory publisher to subscribers located in the local exchanges contained in the directory. See Indiana Code 24-5-0.5-2
• Local telephone number: refers to a telephone number that has the three (3) number prefix used by the provider of telephone service for telephones physically located within the area covered by the local telephone directory in which the number is listed. See Indiana Code 24-5-0.5-2
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Offer: includes every attempt to dispose of a business opportunity or an interest in a business opportunity for value. See Indiana Code 24-5-8-1
• 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 an individual, corporation, the state of Indiana or its subdivisions or agencies, business trust, estate, trust, partnership, association, nonprofit corporation or organization, or cooperative or any other legal entity. See Indiana Code 24-5-0.5-2
• Person: means a human being, corporation, limited liability company, partnership, unincorporated association, trust, or governmental entity. See Indiana Code 24-5-8-1
• person: means an individual, a corporation, the state or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, a cooperative, or any other legal entity. See Indiana Code 24-5-10-5
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Population: has the meaning set forth in Indiana Code 1-1-4-5
• 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.
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sale: includes every contract to sell or dispose of a business opportunity or an interest in a business opportunity for value. See Indiana Code 24-5-8-1
• Seller: means a seller of services under a contract for health spa services. See Indiana Code 24-5-7-1
• Seller: means a person, or his agent, who sells or leases or offers to sell or lease a business opportunity. See Indiana Code 24-5-8-1
• Senior consumer: means an individual who is at least sixty (60) years of age. See Indiana Code 24-5-0.5-2
• Service: means any assistance, guidance, direction, work, labor, or such other act as may be provided by the seller in the initiation or maintenance of a business. See Indiana Code 24-5-8-1
• 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.
• Subject of a consumer transaction: means the personal property, real property, services, or intangibles offered or furnished in a consumer transaction. See Indiana Code 24-5-0.5-2
• Substantial seller: means a seller who has a net worth on a consolidated basis, according to current financial statements certified by an independent certified public accountant, of:

  Indiana Code 24-5-8-1

• supplier: means a seller, lessor, assignor, or other person who engages in or solicits consumer transactions, including a manufacturer, wholesaler, or retailer, whether or not the supplier deals directly with the consumer. See Indiana Code 24-5-10-6
• Supplier: means the following:

  Indiana Code 24-5-0.5-2

• Telephone facsimile machine: means equipment that has the capacity to transcribe text or images, or both, from:

  Indiana Code 24-5-0.5-2

• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Uncured deceptive act: means a deceptive act:

  Indiana Code 24-5-0.5-2

• 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
• Unsolicited advertisement: means material advertising the commercial availability or quality of:

  Indiana Code 24-5-0.5-2

• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5