Terms Used In Kansas Statutes > Chapter 2 > Article 29 - Agricultural Liming Materials

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• 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.
• Agricultural liming materials: means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity;

  (b) "limestone" means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate, which is capable of neutralizing soil acidity;

  (c) "burnt lime" means a material made from limestone which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide;

  (d) "hydrated lime" means a material made from burnt lime which consists essentially of calcium hydroxide or a combination of calcium hydroxide and magnesium hydroxide;

  (e) "marl" means a granular or loosely consolidated earthy material composed largely of sea shell fragments and calcium carbonate;

  (f) "industrial by-product" means any industrial waste or by-product containing calcium or calcium and magnesium in forms that will neutralize soil acidity;

  (g) "brand" means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale;

  (h) "fineness" means the percentage by weight of the material which will pass U. See Kansas Statutes 2-2902

• Allegation: something that someone says happened.
• 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.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Central repository: means the criminal justice information system central repository created by this act and the juvenile offender information system created pursuant to Kan. See Kansas Statutes 22-4701
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contraband property: means property of any nature including personal, tangible or intangible but shall not include real property. See Kansas Statutes 22-4807a
• 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.
• Correctional facility: means any public or private correctional facility, juvenile detention facility, prison or jail. See Kansas Statutes 22-4902
• Criminal history record information: means all data initiated or collected by a criminal justice agency on a person pertaining to a reportable event, and any supporting documentation. See Kansas Statutes 22-4701
• Criminal justice agency: means any government agency or subdivision of any such agency which is authorized by law to exercise the power of arrest, detention, prosecution, adjudication, correctional supervision, rehabilitation or release of persons suspected, charged or convicted of a crime and which allocates a substantial portion of its annual budget to any of these functions. See Kansas Statutes 22-4701
• Criminal justice information system: means the equipment, including computer hardware and software, facilities, procedures, agreements and personnel used in the collection, processing, preservation and dissemination of criminal history record information and any electronically stored information from a state agency or municipality. See Kansas Statutes 22-4701
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Director: means the director of the Kansas bureau of investigation. See Kansas Statutes 22-4701
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disseminate: means to transmit criminal history record information in any oral or written form. See Kansas Statutes 22-4701
• Docket: A log containing brief entries of court proceedings.
• Domesticated deer: means any member of the family cervidae which was legally obtained and is being sold or raised in a confined area for breeding stock; for any carcass, skin or part of such animal; for exhibition; or for companionship. See Kansas Statutes 22-4807a
• Donor: The person who makes a gift.
• Drug offender: includes any person who, on or after July 1, 2007:

  (1) Is convicted of any of the following crimes:

  (A) Unlawful manufacture or attempting such of any controlled substance or controlled substance analog, as defined in Kan. See Kansas Statutes 22-4902

• Duration of registration: means the length of time during which an offender is required to register for a specified offense or violation. See Kansas Statutes 22-4902
• Electronically stored information: means any documents or writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilations stored in any medium from which information can be obtained either directly or, if necessary, after translation from a state agency or municipality into a reasonably useable form. See Kansas Statutes 22-4701
• Employment: means any full-time, part-time, transient, day-labor employment or volunteer work, with or without compensation, for three or more consecutive days or parts of days, or for 10 or more nonconsecutive days in a period of 30 consecutive days. See Kansas Statutes 22-4902
• Enforcement action: means any law enforcement act, as described in Kan. See Kansas Statutes 22-4606
• 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}
• 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.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• 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.
• General election: refers to the election required to be held on the Tuesday following the first Monday in November of each even-numbered year. See Kansas Statutes 77-201
• Governmental unit: means the state, or any county, city or other political subdivision thereof, or any department, division, board or other agency of any of the foregoing, except governmental unit shall not include the board of education of any school district employing school security officers. See Kansas Statutes 22-4606
• 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.
• Guardian: means an individual or a nonprofit corporation certified in accordance with Kan. See Kansas Statutes 77-201
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• 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.
• Juror: A person who is on the jury.
• label: means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments;

  (j) "person" means an individual, partnership, association, firm or corporation; and

  (k) "calcium carbonate equivalent" means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate. See Kansas Statutes 2-2902

• Law enforcement agency: means the governmental unit employing the law enforcement officer. See Kansas Statutes 22-4606
• Law enforcement agency having initial jurisdiction: means the registering law enforcement agency of the county or location of jurisdiction where the offender expects to most often reside upon the offender's discharge, parole or release. See Kansas Statutes 22-4902
• Law enforcement officer: has the meaning ascribed thereto in Kan. See Kansas Statutes 22-4606
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Livestock: means cattle, swine, sheep, goats, horses, mules, domesticated deer and all creatures of the ratite family that are not indigenous to this state, including, but not limited to, ostriches, emus and rheas, and any carcass, skin or part of such animal. See Kansas Statutes 22-4807a
• Minor: means any person defined by Kan. See Kansas Statutes 77-201
• Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
• Oath: A promise to tell the truth.
• Oath: includes an affirmation in all cases where an affirmation may be substituted for an oath, and in similar cases "swear" includes affirm. See Kansas Statutes 77-201
• 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.
• Offender: means :

  (1) A sex offender;

  (2) a violent offender;

  (3) a drug offender;

  (4) any person who has been required to register under out-of-state law or is otherwise required to be registered; and

  (5) any person required by court order to register for an offense not otherwise required as provided in the Kansas offender registration act. See Kansas Statutes 22-4902

• Out-of-state: means : the District of Columbia; any federal, military or tribal jurisdiction, including those within this state; any foreign jurisdiction; or any state or territory within the United States, other than this state. See Kansas Statutes 22-4902
• Oversight: Committee review of the activities of a Federal agency or program.
• parent and child relationship: means the legal relationship existing between a child and the child's biological or adoptive parents incident to which the law confers or imposes rights, privileges, duties and obligations. See Kansas Statutes 23-2205
• 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.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes personal and real property. See Kansas Statutes 77-201
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Quorum: The number of legislators that must be present to do business.
• Racial or other biased-based policing: means the unreasonable use of race, ethnicity, national origin, gender or religion by a law enforcement officer in deciding to initiate an enforcement action. See Kansas Statutes 22-4606
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
• Registering law enforcement agency: means the sheriff's office or tribal police department responsible for registering an offender. See Kansas Statutes 22-4902
• 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.
• Reportable event: means an event specified or provided for in Kan. See Kansas Statutes 22-4701
• 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).
• Reside: means to stay, sleep or maintain with regularity or temporarily one's person and property in a particular place other than a location where the offender is incarcerated. See Kansas Statutes 22-4902
• Residence: means a particular and definable place where an individual resides. See Kansas Statutes 22-4902
• Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
• School: means any public or private educational institution, including, but not limited to, postsecondary school, college, university, community college, secondary school, high school, junior high school, middle school, elementary school, trade school, vocational school or professional school providing training or education to an offender for three or more consecutive days or parts of days, or for 10 or more nonconsecutive days in a period of 30 consecutive days. See Kansas Statutes 22-4902
• seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
• Sex offender: includes any person who:

  (1) On or after April 14, 1994, is convicted of any sexually violent crime;

  (2) on or after July 1, 2002, is adjudicated as a juvenile offender for an act which, if committed by an adult, would constitute the commission of a sexually violent crime, unless the court, on the record, finds that the act involved non-forcible sexual conduct, the victim was at least 14 years of age and the offender was not more than four years older than the victim;

  (3) has been determined to be a sexually violent predator;

  (4) on or after July 1, 1997, is convicted of any of the following crimes when one of the parties involved is less than 18 years of age:

  (A) Adultery, as defined in Kan. See Kansas Statutes 22-4902

• sexually motivated: means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification. See Kansas Statutes 22-4902
• Sexually violent crime: means :

  (1) Rape, as defined in Kan. See Kansas Statutes 22-4902

• Sexually violent predator: means any person who, on or after July 1, 2001, is found to be a sexually violent predator pursuant to Kan. See Kansas Statutes 22-4902
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Theft of livestock: means theft which is classified as a felony violation, pursuant to Kan. See Kansas Statutes 22-4807a
• 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.
• Transient: means having no fixed or identifiable residence. See Kansas Statutes 22-4902
• Treatment facility: means any public or private facility or institution providing inpatient mental health, drug or alcohol treatment or counseling, but does not include a hospital, as defined in Kan. See Kansas Statutes 22-4902
• 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.
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Verdict: The decision of a petit jury or a judge.
• Violent offender: includes any person who:

  (1) On or after July 1, 1997, is convicted of any of the following crimes:

  (A) Capital murder, as defined in Kan. See Kansas Statutes 22-4902

• Writ: A formal written command, issued from the court, requiring the performance of a specific act.