Terms Used In Kansas Statutes > Chapter 8 > Article 6 - Fair Trade

• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• 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
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bequest: Property gifted by will.
• Board: means the library board of any library established or operating under authority of the laws of Kansas. See Kansas Statutes 75-2548
• Board: means the unmarked burial sites preservation board. See Kansas Statutes 75-2743
• Code: means the standards adopted by this act. See Kansas Statutes 75-1212
• commodities: means manufactured articles offered for sale to the general public. See Kansas Statutes 8-601
• Community college librarians: means chief officers of libraries operated by community colleges established pursuant to Kan. See Kansas Statutes 75-2576
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dealer: shall mean any person, firm, association or corporation or other organization of any kind, character or nature regularly engaged or intending to engage in the business of selling motor vehicles and other specific commodities at retail within this state. See Kansas Statutes 8-601
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deed: is a pplied to an instrument conveying lands but does not imply a sealed instrument. See Kansas Statutes 77-201
• 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.
• Devise: To gift property by will.
• 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:
• Donor: The person who makes a gift.
• 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}
• Evaluation: means assessment by the state historical society of the nature of human skeletal remains and goods interred with such remains and the situation in which they are located to make recommendations for action and disposition of the remains or goods under this act. See Kansas Statutes 75-2743
• 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.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• financing: shall include the buying, selling, assigning or dealing in conditional sales contracts, chattel mortgages or leases arising out of the retail sale of motor vehicles and other specific commodities. See Kansas Statutes 8-601
• 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.
• Historic preservation: means the study, identification, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archeology or culture of the state of Kansas, its communities or the nation. See Kansas Statutes 75-2716
• Historic property: means any building, structure, object, district, area or site that is significant in the history, architecture, archeology or culture of the state of Kansas, its communities or the nation. See Kansas Statutes 75-2716
• Human skeletal remains: means any part of the body of a deceased human being, in any stage of decomposition. See Kansas Statutes 75-2743
• 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.
• 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.
• Library network: means an organization of types of libraries interconnected to achieve their common purposes through cooperative use of communications, computer technology, library and human resources. See Kansas Statutes 75-2576
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• manufacturer: shall mean any person, firm, corporation, partnership or association engaged either directly or indirectly in the manufacture or wholesale distribution of motor vehicles and other specific commodities. See Kansas Statutes 8-601
• Manufacturer: means any person who manufactures mobile homes or recreational vehicles. See Kansas Statutes 75-1212
• Minor: means any person defined by Kan. See Kansas Statutes 77-201
• Minority leader: See Floor Leaders
• mobile home: means a structure, transportable in one or more sections, which has a body width of eight (8) feet or more and a body length of thirty-six (36) feet or more and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. See Kansas Statutes 75-1212
• Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• motor vehicle: shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Kansas Statutes 8-601
• 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}
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• participating library: means a board or library or district that is cooperating and participating in a regional system of cooperating libraries. See Kansas Statutes 75-2548
• 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: shall mean any individual or individuals, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors. See Kansas Statutes 8-601
• Person: means an individual, partnership, corporation or other legal entity. See Kansas Statutes 75-1212
• Person: means any individual, firm, association, organization, partnership, business, trust, corporation or company. See Kansas Statutes 75-2716
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Private college librarians: means chief officers of libraries operated by accredited independent institutions as defined in Kan. See Kansas Statutes 75-2576
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Project: includes : (1) Activities directly undertaken by the state or any political subdivision of the state, or any instrumentality thereof;

  (2) activities undertaken by a person which are supported in whole or in part through grants, subsidies, loans or other forms of financial assistance from the state or any political subdivision of the state, or any instrumentality thereof; and

  (3) activities involving the issuance of a lease, permit, license, certificate or other entitlement for use, to any person by the state or any political subdivision of the state, or any instrumentality thereof. See Kansas Statutes 75-2716

• 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 librarians: means the chief officers of the public libraries. See Kansas Statutes 75-2576
• Public libraries: means libraries operated under the provisions of Kan. See Kansas Statutes 75-2576
• Public utility: shall mean any business or enterprise providing or furnishing directly or indirectly any commodity or service to the public, the operation of which business or enterprise is so closely and intimately related to the public or any substantial part of any community as to make the welfare of the public or a substantial part thereof dependent on the proper conduct of such business or enterprise. See Kansas Statutes 75-2130
• Publication: means any report, pamphlet, book or other materials provided by a state agency for use by the general public;

  (b) "state agency" means any state office or officer, department, board, commission, institution, bureau, society or any agency, division or unit within any state office, department, board, commission or other state authority. See Kansas Statutes 75-2565

• Quasi-municipal corporation: shall mean any county, township, school district, drainage district, sewer district, water district, watershed district, hospital district or any similar subdivision of government created by the laws of this state which provides or furnishes any public service to the people of the state of Kansas or to any segment of said people who may live within the boundaries of such governmental subdivision. See Kansas Statutes 75-2130
• Quorum: The number of legislators that must be present to do business.
• Recreational vehicle: means a vehicular-type unit built on or for use on a chassis and designed primarily as living quarters for recreational, camping, vacation or travel use and which has its own motive power or is mounted on or drawn by another vehicle, and which has a body width not exceeding eight (8) feet and a body length not exceeding forty (40) feet; but such term shall not include a unit which has no electrical system which operates above twelve (12) volts and has no provisions for plumbing, heating and any other component or feature for which a standard is adopted by this act. See Kansas Statutes 75-1212
• Regional system of cooperating libraries: means two or more libraries cooperating in a system approved by the state board and officially designated as a regional system of cooperating libraries under this act. See Kansas Statutes 75-2548
• Regional systems of cooperating libraries: means the regional systems of cooperating libraries created under authority of Kan. See Kansas Statutes 75-2576
• 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.
• 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
• road: include public bridges and may be construed to be equivalent to "county way" "county road" "common road" "state road" and "territorial road. See Kansas Statutes 77-201
• School librarians: means the chief officers of libraries operated by unified school districts. See Kansas Statutes 75-2576
• 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
• Secretary: means the secretary of administration. See Kansas Statutes 75-1226
• 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.
• Special librarians: means the chief officers of all other publicly supported and private libraries, including special purpose libraries and archives located in Kansas. See Kansas Statutes 75-2576
• specific commodities: means commodities identified and agreed upon at the time a contract to sell, or a sale, is made. See Kansas Statutes 8-601
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• State board: means the state library of Kansas board. See Kansas Statutes 75-2548
• state librarian: means the state librarian appointed pursuant to Kan. See Kansas Statutes 75-2554
• state library: means the Kansas state library created and operating under authority of Kan. See Kansas Statutes 75-2554
• state or any political subdivision of the state: means the state of Kansas, any office, department, agency, authority, bureau, commission, board, institution, hospital, college or university of the state, or any county, township, city, school district, special district, regional agency, redevelopment agency or any other political subdivision of the state. See Kansas Statutes 75-2716
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• System board: means the governing board comprised of representatives of libraries in a regional system of cooperating libraries, and which is authorized by this act to direct and plan library service for a regional system to the extent and in the manner provided by this act. See Kansas Statutes 75-2548
• System librarian: means a person (not a state officer or employee) who has been certified by the state board as being qualified by education or experience to perform duties as a librarian for a regional system of cooperating libraries, and who shall attend system board meetings but shall not be a voting member thereof. See Kansas Statutes 75-2548
• Systems librarians: means the chief officers of the regional systems of cooperating libraries. See Kansas Statutes 75-2576
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tie down: means any device designed for the purpose of anchoring a mobile home to ground anchors;

  (b) "Ground anchor" means any device designed to secure a mobile home to the ground;

  (c) "Pier" means one of the structural supports required by this act for a mobile home which is not secured to the ground on a permanent foundation;

  (d) "Roof protector" means a device designed to prevent over-the-top tie downs from damaging or penetrating the roof material; and

  (e) "Mobile home" shall have the meaning ascribed to it by Kan. See Kansas Statutes 75-1226

• 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.
• Trustee: A person or institution holding and administering property in trust.
• Undertaking: means a promise or security in any form where required by law. See Kansas Statutes 77-201
• Unmarked burial site: means any interment by whatever means of human skeletal remains, other than a burial site in a cemetery otherwise protected by Kansas statute. See Kansas Statutes 75-2743