Terms Used In Louisiana Revised Statutes > Title 13 > Chapter 32 > Part XIII-A - Master Settlement Agreement - Complementary Procedures

• Abandoned cemetery: shall mean any cemetery which is no longer being used for interments, is not being maintained in good condition, and has fallen into a state of disrepair, including tombs and headstones that have collapsed or been destroyed, walls and fences that have fallen apart, and trees and bushes that have grown amongst and within grave spaces. See Louisiana Revised Statutes 25:933
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: shall mean the Louisiana Cemetery Board. See Louisiana Revised Statutes 25:933
• Brand family: means all styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including but not limited to "menthol" "lights" "kings" and "100s" and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. See Louisiana Revised Statutes 13:5072
• Commissioner: means the commissioner of alcohol and tobacco control. See Louisiana Revised Statutes 13:5072
• Conviction: A judgement of guilt against a criminal defendant.
• Damage: shall mean the intentional or inadvertent hurt, harm, or injury to a component of a historic cemetery or to an isolated grave so as to lessen or destroy its historic, cultural, or scientific value. See Louisiana Revised Statutes 25:933
• Days: means calendar days unless otherwise specified. See Louisiana Revised Statutes 13:5072
• Department: shall mean the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 25:933
• Destruction: shall mean intentionally or inadvertently destroying components of a historic cemetery by violent disintegration of its fabric so as to reduce the components to ruin. See Louisiana Revised Statutes 25:933
• directory: means the directory compiled by the attorney general under Louisiana Revised Statutes 13:5072
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: shall mean the office of cultural development, division of archaeology, within the department. See Louisiana Revised Statutes 25:933
• 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.
• Grave space: shall mean a grave, crypt, vault, niche, tomb, lawn crypt, or any other property used or intended to be used for the interment of human remains. See Louisiana Revised Statutes 25:933
• Historic cemetery: shall mean any abandoned cemetery located in the state that is more than fifty years old and is not subject to the laws, rules, and regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 25:933
• Human skeletal remains: shall mean any part of the body of a deceased human being in any stage of decomposition. See Louisiana Revised Statutes 25:933
• Importer: means any person in the United States to whom non-tax-paid cigarettes manufactured in a foreign country are shipped or consigned, any person who removes cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse, and any person who smuggles or otherwise unlawfully brings cigarettes into the United States. See Louisiana Revised Statutes 13:5072
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Isolated grave: shall mean any marked grave site that is not part of a larger cemetery and is not subject to the laws, rules, and regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 25:933
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Modification: shall mean the altering of the original substance of a grave space. See Louisiana Revised Statutes 25:933
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Louisiana Revised Statutes 13:5072
• Package: means any pack or other container on which a stamp could be applied consistent with and as required by Louisiana Revised Statutes 13:5072
• Participating manufacturer: has the meaning given that term in section II (jj) of the Master Settlement Agreement and all amendments thereto. See Louisiana Revised Statutes 13:5072
• 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 any natural person, trustee, company, partnership, corporation, or other legal entity. See Louisiana Revised Statutes 13:5072
• Program: shall mean the Louisiana Historic Cemetery Preservation Program. See Louisiana Revised Statutes 25:933
• Purchase: means acquisition in any manner, for any consideration. See Louisiana Revised Statutes 13:5072
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retailer: means "retail dealer" as provided in Louisiana Revised Statutes 13:5072
• Sales Entity Affiliate: means an entity that sells cigarettes that it acquires directly from a manufacturer or importer and is affiliated with that manufacturer or importer as established by documentation received directly from that manufacturer or importer to the satisfaction of the attorney general. See Louisiana Revised Statutes 13:5072
• Secretary: means the head of the Department of Revenue, which is the agency responsible for collection of the excise tax on cigarettes. See Louisiana Revised Statutes 13:5072
• sell: means any transfer, exchange, or barter in any manner or by any means for any consideration. See Louisiana Revised Statutes 13:5072
• 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.
• Stamping agent: means a dealer that is authorized to affix tax stamps to packages or other containers of cigarettes under Louisiana Revised Statutes 13:5072
• Statute: A law passed by a legislature.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Trustee: A person or institution holding and administering property in trust.