Terms Used In Louisiana Revised Statutes > Title 11 > Subtitle II > Chapter 5 - Judges' Noncontributory Plan

• Access: means to program, to execute programs on, to communicate with, store data in, retrieve data from, or otherwise make use of any resources, including data or programs, of a computer, computer system, or computer network. See Louisiana Revised Statutes 14:73.1
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• 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.
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• average salary: as used in this Chapter for the purpose of determining pension payments and retirement is the average salary including any additional pay or salary provided by the legislature over and above that set by the Civil Service Commission, received for the year ending on the last day of the month immediately preceding the date of retirement or date of death or for any one-year period, whichever is the greatest. See Louisiana Revised Statutes 11:1310
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Board: means the Louisiana Industrial Hemp Promotion and Research Advisory Board. See Louisiana Revised Statutes 3:1492
• Board: means the Louisiana State Police Retirement System Board. See Louisiana Revised Statutes 11:1301
• Boll weevil: means any Anthonomus grandis Boheman in any stage of development. See Louisiana Revised Statutes 3:1603
• Certificate: means a document issued or authorized by the commissioner indicating that a regulated article is not contaminated with boll weevils. See Louisiana Revised Statutes 3:1603
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the Agricultural Chemistry and Seed Commission. See Louisiana Revised Statutes 3:1431
• Commission: means the Louisiana Boll Weevil Eradication Commission established in this Part. See Louisiana Revised Statutes 3:1603
• Commissioner: means the commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:1431
• Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:1492
• Commissioner: means the commissioner of the Department of Agriculture and Forestry, or his duly authorized designee. See Louisiana Revised Statutes 3:1603
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Computer: includes an electronic, magnetic, optical, or other high-speed data processing device or system performing logical, arithmetic, and storage functions, and includes any property, data storage facility, or communications facility directly related to or operating in conjunction with such device or system. See Louisiana Revised Statutes 14:73.1
• Computer network: means a set of related, remotely connected devices and communication facilities including at least one computer system with capability to transmit data through communication facilities. See Louisiana Revised Statutes 14:73.1
• Computer program: means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data. See Louisiana Revised Statutes 14:73.1
• Computer services: means providing access to or service or data from a computer, a computer system, or a computer network, and also includes but is not limited to data processing services, Internet services, electronic mail services, electronic message services, or information or data stored in connection therewith. See Louisiana Revised Statutes 14:73.1
• Computer software: means a set of computer programs, procedures, and associated documentation concerned with operation of a computer system. See Louisiana Revised Statutes 14:73.1
• Computer system: means a set of functionally related, connected or unconnected, computer equipment, devices, or computer software. See Louisiana Revised Statutes 14:73.1
• 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.
• Cotton: means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle. See Louisiana Revised Statutes 3:1603
• Cotton producer: means any person who is actively and directly engaged in the production, planting, growing, or farming of cotton for market, or otherwise actively causing cotton to be produced for market. See Louisiana Revised Statutes 3:1603
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Crop: means any cultivated plants that produce agricultural produce such as grains, seeds, fruits, vegetables, or flowers. See Louisiana Revised Statutes 3:1431
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1603
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• 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.
• Donor: The person who makes a gift.
• Electronic mail service provider: means any person who both:

              (a) Is an intermediary in sending or receiving electronic mail. See Louisiana Revised Statutes 14:73.1

• En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
• Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
• 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}
• Eradication zone: means any area or areas of the state, designated by the commissioner, where boll weevil eradication programs will be undertaken. See Louisiana Revised Statutes 3:1603
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Governing body: means the board or body in which the bond issuing power of a governmental unit is vested. See Louisiana Revised Statutes 13:5121
• Host: means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle. See Louisiana Revised Statutes 3:1603
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Industrial hemp: means the same as previously defined in this Chapter. See Louisiana Revised Statutes 3:1492
• Industrial hemp research: means any scholarly activity conducted to collect scientific data utilizing experimental design as authorized under this Chapter. See Louisiana Revised Statutes 3:1492
• Infested: means actually infested with a boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists. See Louisiana Revised Statutes 3:1603
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intellectual property: includes data, computer programs, computer software, trade secrets as defined in Louisiana Revised Statutes 14:73.1
• Internet-connected device: means a physical object to which both of the following apply:

              (a) Is capable of connecting to, and is in regular connection with, the internet. See Louisiana Revised Statutes 14:73.1

• 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.
• Labeling: includes all labels and other written, printed, or graphic representations accompanying and pertaining to any seed, whether in bulk or containers. See Louisiana Revised Statutes 3:1431
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Lot of seed: is a definite quantity of seeds identified by a lot number or mark, every portion or bag of which is uniform, within permitted tolerances, relative to the factors which appear in the labeling. See Louisiana Revised Statutes 3:1431
• Minor Child: means a child of a member of this system who is under the age of eighteen years or who is a student who is under the age of twenty-three years. See Louisiana Revised Statutes 11:1301
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Move: means to ship, offer for shipment, deposit for transmission by mail, receive for transportation, carry, or otherwise transport, move or allow to be moved. See Louisiana Revised Statutes 3:1603
• Noncommercial cotton: means any cotton intended for purposes other than processing, including but not limited to cotton planted for ornamental purposes and volunteer cotton. See Louisiana Revised Statutes 3:1603
• 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.
• office: means the office of state police, Department of Public Safety. See Louisiana Revised Statutes 11:1301
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• 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.
• Permit: means a document issued or authorized by the commissioner to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing. See Louisiana Revised Statutes 3:1603
• Person: means any individual, firm, corporation, association, or partnership. See Louisiana Revised Statutes 3:1431
• Person: means any individual, firm, company, corporation, partnership, society, association, or other business or public entity. See Louisiana Revised Statutes 3:1603
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Program: means the Louisiana Industrial Hemp Promotion and Research Program. See Louisiana Revised Statutes 3:1492
• Proper means: includes :

              (a) Discovery by independent invention. See Louisiana Revised Statutes 14:73.1

• Property: means property as defined in Louisiana Revised Statutes 14:73.1
• 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.
• Regulated article: means any article of any character carrying or capable of carrying the boll weevil, including but not limited to cotton plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment, mechanical cotton pickers, and other equipment associated with cotton production, harvesting, or processing. See Louisiana Revised Statutes 3:1603
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Seed: is a propagative part of a plant capable of producing a new plant, including but not limited to those parts commonly referred to as seeds, bulbs, roots, tubers, and other propagating stock. See Louisiana Revised Statutes 3:1431
• 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.
• Statute: A law passed by a legislature.
• Student: means a person in a high school, a vocational-technical school, or a college or university, in a sufficient number of courses and classes in an accredited institution to be classified as a full-time regular student under the criteria used by the institution in which he is enrolled. See Louisiana Revised Statutes 11:1301
• Summons: Another word for subpoena used by the criminal justice system.
• System: means the Louisiana State Police Retirement System. See Louisiana Revised Statutes 11:1301
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Unsolicited bulk electronic mail: means any electronic message which is developed and distributed in an effort to sell or lease consumer goods or services and is sent in the same or substantially similar form to more than one thousand recipients. See Louisiana Revised Statutes 14:73.1
• 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.
• Variety: is a subdivision of a kind characterized by growth, plant, fruit, seed, or other characteristic by which it can be differentiated from other seeds of the same kind. See Louisiana Revised Statutes 3:1431
• Venue: The geographical location in which a case is tried.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.