Louisiana Revised Statutes > Title 13 > Chapter 32 – Particular Classes of Actions and Cases
Terms Used In Louisiana Revised Statutes > Title 13 > Chapter 32 - Particular Classes of Actions and Cases
- 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
- Accrued liability: shall mean the entry age normal accrued liability. See Louisiana Revised Statutes 11:2252
- Accumulated contributions: shall mean the sum of all the amounts deducted from the earnable compensation of a member and credited to his individual account in the annuity savings fund. See Louisiana Revised Statutes 11:2252
- Accumulated contributions: means the sum of all amounts paid by a member, excluding interest paid on the repayment of a refund, and credited to his individual account in the employee's savings account, together with regular interest credited prior to July 1969. See Louisiana Revised Statutes 11:403
- Actuarial assumptions: shall mean the calculations used by an actuary engaged annually by the board to calculate the amounts necessary to fund the members' annuities. See Louisiana Revised Statutes 11:2252
- Actuarial equivalent: shall mean the amount required to fund the member's annuity based upon the calculations of the actuary on the basis of mortality tables approved by the board of trustees and regular interest at a rate fixed by the board of trustees. See Louisiana Revised Statutes 11:2252
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adjusted for inflation: means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. See Louisiana Revised Statutes 13:5062
- Advance fee: means any consideration which is assessed or collected prior to the issuance of a written commitment to make a loan that is binding on the lender, provided that certain conditions precedent are satisfied. See Louisiana Revised Statutes 9:3574.2
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See Louisiana Revised Statutes 13:5062
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: means any governmental body employing persons and includes departments, agencies, boards, commissions, and courts. See Louisiana Revised Statutes 11:403
- Agent contract: means any contract or agreement, whether written or oral, under which an athlete authorizes an athlete agent to negotiate or solicit on behalf of the athlete for the employment of the athlete by one or more professional sports teams. See Louisiana Revised Statutes 4:421
- Allegation: something that someone says happened.
- Allocable share: means allocable share as that term is defined in the Master Settlement Agreement. See Louisiana Revised Statutes 13:5062
- Amateur: means any of the following:
(a) Contests or exhibitions of armed or unarmed combat or any combination thereof conducted by or participated in exclusively by any state-accredited middle school or high school, college, or university, or by any association or organization of a school, college, or university, when each participant in the contests or exhibitions is a bona fide student in the state-accredited middle school or high school, college, or university. See Louisiana Revised Statutes 4:85
- Ambulance service: means any person who through the use of one or more ambulances and certified emergency medical technicians as defined in Louisiana Revised Statutes 9:4751
- 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.
- Amortization: Paying off a loan by regular installments.
- Annuity reserve: shall mean the present value of all payments to be made on account of any annuity, or benefit in lieu of any annuity, computed upon the basis of such mortality tables as shall be adopted by the board of trustees, and regular interest. See Louisiana Revised Statutes 11:2252
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Anything of value: means any thing of value. See Louisiana Revised Statutes 4:421
- Appraisal: A determination of property value.
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- articles of incorporation: as used in this Chapter shall be deemed to include the articles of conversion of a converted corporation. See Louisiana Revised Statutes 17:2817
- Athlete: means a student who resides in this state, or a student who does not reside in this state but has informed in writing an institution of higher education in this state of the student's intent to participate in that school's intercollegiate sports contests, and who is characterized by either of the following:
(i) Is eligible to participate in junior high, high school, or intercollegiate sports contests as a member of a sports team of a junior high, high school, or institution of higher education which is located in this state and which is a member of a federation or association. See Louisiana Revised Statutes 4:421
- Athlete agent: means any person who recruits or solicits an athlete to enter into an agent contract or professional sport services contract with any person, or who offers anything of value to any person to induce an athlete to enter into an agreement by which any person will represent the athlete, or who for anything of value procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team. See Louisiana Revised Statutes 4:421
- Athlete contract: means any contract or agreement executed by a student athlete with an educational institution or school concerning the student's participation in that institution's intercollegiate sport contests or interscholastic athletic activities. See Louisiana Revised Statutes 4:421
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Average final compensation: shall mean the average annual earned compensation of an employee for any period of thirty-six successive or joined months of service as an employee during which the said earned compensation was the highest. See Louisiana Revised Statutes 11:2252
- 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.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Beneficiary: shall mean any natural or juridical person or estate administrator designated to receive a pension, an annuity, a retirement allowance, or other benefit as provided by this Chapter. See Louisiana Revised Statutes 11:2252
- Beneficiary: means any person designated by the member or legally entitled to receive a retirement allowance, an annuity, or other benefit. See Louisiana Revised Statutes 11:403
- Bequest: Property gifted by will.
- Board: shall mean the Louisiana Cemetery Board. See Louisiana Revised Statutes 25:933
- Board: means the Board of Trustees of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
- Board: means the State Board of Election Supervisors. See Louisiana Revised Statutes 18:567.1
- Board: means the board of commissioners of the Tri-Parish Juvenile Justice Commission. See Louisiana Revised Statutes 15:1096
- Board of trustees: shall mean the board provided for in Louisiana Revised Statutes 11:2252
- Borrower: means a person obtaining or desiring to obtain a loan of money, a credit card, or a line of credit. See Louisiana Revised Statutes 9:3574.2
- 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
- Bulk: means in nonpackaged form. See Louisiana Revised Statutes 3:1430.2
- Burden: means that the government, directly or indirectly, does any of the following:
(a) Constrains or inhibits conduct or expression mandated by a person's sincerely held religious tenet or belief. See Louisiana Revised Statutes 13:5234
- Burnt lime: means a material made from limestone which consists primarily of calcium oxide or a combination of calcium and magnesium oxides. See Louisiana Revised Statutes 3:1430.2
- Chambers: A judge's office.
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Children: as used in this Part , are defined as children of the firefighter and/or children of the widow of the firefighter who are solely dependent upon the firefighter for their support. See Louisiana Revised Statutes 11:3378
- cigarette: includes "roll-your-own" i. See Louisiana Revised Statutes 13:5062
- 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.
- Club: means any club, corporation, association, or individual under the authority of the commission. See Louisiana Revised Statutes 4:85
- College campus: means the premises and grounds of an institution of postsecondary education. See Louisiana Revised Statutes 9:3577.2
- Commission: means the State Boxing and Wrestling Commission. See Louisiana Revised Statutes 4:85
- Commission: means the Tri-Parish Juvenile Justice Commission. See Louisiana Revised Statutes 15:1096
- Commissioner: means the commissioner of alcohol and tobacco control. See Louisiana Revised Statutes 13:5072
- Commissioner: means the commissioner of financial institutions. See Louisiana Revised Statutes 9:3577.2
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
- Consumer: means a natural person who purchases goods, services, or movable or immovable property or rights therein, for a personal, family, or household purpose and includes a purchaser or buyer in a consumer credit sale or transaction made with the use of a seller credit card or otherwise, or a borrower or debtor in a consumer loan, revolving loan account, or a lender credit card. See Louisiana Revised Statutes 9:3516
- Consumer loan: means a loan of money or its equivalent made by a supervised financial organization, a licensed lender, or lender in which the debtor is a consumer, and the loan is entered into primarily for personal, family, or household purposes and includes debts created by the use of a lender credit card, revolving loan account, or similar arrangement, as well as insurance premium financing. See Louisiana Revised Statutes 9:3516
- Contact: means any communication by an athlete agent or by any intermediary with an athlete, or with any third person for the purpose of having that third person communicate with the athlete about the possibility of or formation of any business, financial, or other contractual relationship or agreement, including an agent contract, a professional services contract, or a professional sports services contract. See Louisiana Revised Statutes 4:421
- Continuance: Putting off of a hearing ot trial until a later time.
- Cooperative: means a corporation organized under this Chapter and a corporation which becomes subject to this Chapter in the manner provided in this Chapter. See Louisiana Revised Statutes 17:2803
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Courses: means one of the following:
(a) Academic courses that the successful completion of which would result in earned credit that may be transferred to a public postsecondary education institution and applied toward an undergraduate degree. See Louisiana Revised Statutes 17:2942
- Credit card: means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain credit. See Louisiana Revised Statutes 9:3516
- Credit card: means a writing, number, or other evidence of an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer. See Louisiana Revised Statutes 9:3577.2
- Creditable service: shall mean service for which credit is allowable as provided in Louisiana Revised Statutes 11:2252
- Creditable service: means prior service plus membership service for which credit is allowable as provided in this Chapter. See Louisiana Revised Statutes 11:403
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Days: means calendar days unless otherwise specified. See Louisiana Revised Statutes 13:5072
- 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.
- Demonstrates: means meeting the burdens of going forward with evidence and persuasion. See Louisiana Revised Statutes 13:5234
- Department: shall mean the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 25:933
- Department: shall mean the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 25:1270.2
- Department: means the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 25:1271.2
- 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.
- Depository: means an institution which contracts with the state librarian to participate in the public document depository system. See Louisiana Revised Statutes 25:121.1
- 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
- Director: shall mean the executive director of the Firefighters' Retirement System. See Louisiana Revised Statutes 11:2252
- 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.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Distressed neighborhood business district: shall mean a defined geographic area which includes buildings and structures which have housed businesses or other commercial activities and also includes adjacent residential areas and which defined geographic area has pervasive poverty and unemployment, a high incidence of crime, narcotics use, homelessness, abandoned housing and deteriorated infrastructure, substantial population decline, or other similar indicators of general distress. See Louisiana Revised Statutes 25:1270.2
- District: means the Tri-Parish Juvenile Justice District. See Louisiana Revised Statutes 15:1096
- dividend: when used in this Chapter (except in Louisiana Revised Statutes 47:159
- Division: means the public protection division of the Department of Justice. See Louisiana Revised Statutes 4:421
- Division: shall mean the office of cultural development, division of archaeology, within the department. See Louisiana Revised Statutes 25:933
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- Dual enrollment: means the enrollment of a secondary school student in a postsecondary course for which both secondary school and postsecondary credit may be earned. See Louisiana Revised Statutes 17:2942
- Earnable compensation: shall mean the full amount of compensation earned by an employee on a regular tour of duty, including supplemental pay paid by the state of Louisiana, educational incentive pay, holiday pay, seniority incentive pay, and pay to an employee acting in a civil service classification higher than the one he holds, but shall not include overtime. See Louisiana Revised Statutes 11:2252
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Electronic mail: includes electronic messages that are transmitted through a local, regional, or global computer network. See Louisiana Revised Statutes 9:4757
- Electronic mail address: means a destination, commonly expressed as a string of characters, to which electronic mail can be sent or delivered. See Louisiana Revised Statutes 9:4757
- Eligible entity: shall mean a nonprofit organization designated by a municipality to receive grants pursuant to the provisions of this Chapter and which has been designated as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. See Louisiana Revised Statutes 25:1270.2
- 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
- Employee: shall mean any full-time firefighter or any person in a position as defined in the municipal fire and police civil service system who is employed by a fire department of any municipality, parish, or fire protection district of the state of Louisiana, excepting Orleans and Lafayette Parishes, and who is earning at least three hundred seventy-five dollars per month excluding state supplemental pay. See Louisiana Revised Statutes 11:2252
- Employee: means any person legally occupying a position in the state service. See Louisiana Revised Statutes 11:403
- Employer: shall mean any municipality, parish, or fire protection district in the state of Louisiana, excepting Orleans and Lafayette Parishes, which employs a full-time fireman, and the Firefighters' Retirement System. See Louisiana Revised Statutes 11:2252
- Employer: means the state of Louisiana or any of its boards, commissions, departments, agencies, and courts which are contributing members of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
- 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.
- 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.
- Episode: shall mean a singular instance in which a youth is placed under the supervision, care, or custody of the office of juvenile justice. See Louisiana Revised Statutes 15:932
- 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
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Established residential neighborhood: means a defined geographic area which has consisted of buildings and structures for housing individuals and families which has existed as a residential neighborhood since before 1971. See Louisiana Revised Statutes 25:1271.2
- Ex officio: Literally, by virtue of one's office.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Executor: A male person named in a will to carry out the decedent
- Exercise of religion: means the practice or observance of religion under Article 1, Section 8, of the Constitution of Louisiana and the First Amendment of the Constitution of the United States of America and includes the ability to act or refuse to act in a manner substantially motivated by a sincerely-held religious belief, whether or not the exercise is compulsory or a central part or central requirement of the person's religious belief. See Louisiana Revised Statutes 13:5234
- Exhibition: means :
(a) As applied to boxing and mixed technique events, any event in which the participants show or display their skills without necessarily striving to win. See Louisiana Revised Statutes 4:85
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Facility: means any juvenile detention facility, shelter care facility, or such other juvenile justice facility. See Louisiana Revised Statutes 15:1096
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Federal law: means the Internal Revenue Code of 1986, as amended, (Title 26 United States Code) and applicable U. See Louisiana Revised Statutes 47:287.701
- Federation or association: means any state or national association for the promotion and regulation of interscholastic or intercollegiate sports governing athletes and their relationships with athlete agents. See Louisiana Revised Statutes 4:421
- Fiscal year: means an accounting period of twelve months ending on the last day of any month other than December. See Louisiana Revised Statutes 47:98
- 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
- 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.
- Governing authority: means the governing authority of a parish. See Louisiana Revised Statutes 15:1096
- 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
- governmental agency: means any of the following:
(a) Any board, commission, court, department, agency, special district, authority, or other entity of the state. See Louisiana Revised Statutes 13:5234
- Governmental unit: means the state of Louisiana, municipalities, parishes, parish and municipal school boards and districts, levee boards and districts, housing authorities, bridge authorities, community improvement agencies, redevelopment agencies, all other political subdivisions of the state, public trusts, corporations, districts, boards, authorities, agencies, and units of local government and nonprofit corporations created by or governed by the governing authorities of parishes or municipalities, any special service districts, such as water, sewerage, garbage, and lighting districts created by or pursuant to legislative acts and any other districts, boards, authorities, and agencies of the state of Louisiana authorized to issue bonds. See Louisiana Revised Statutes 13:5121
- Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- 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
- gross apportionable income or loss: means the general class of gross income designated as apportionable income by Louisiana Revised Statutes 47:287.701
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- 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.
- 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.
- Health care provider: means a person, partnership, corporation, facility, or institution licensed by this state to provide health care or professional services as a physician, dentist, chiropractor, podiatrist, optometrist, pharmacist, dietician, physical therapist, occupational therapist, or psychologist. See Louisiana Revised Statutes 9:4751
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- 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
- Hospital: means an institution licensed as such by the state of Louisiana. See Louisiana Revised Statutes 9:4751
- Human remains: means the body or parts thereof of a deceased person and includes the body or parts thereof in any stage of decomposition, as well as cremated remains. See Louisiana Revised Statutes 25:953
- 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
- In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
- 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.
- Institution: means any institution of higher education in this state having an athlete contract with an athlete. See Louisiana Revised Statutes 4:421
- Institution of postsecondary education: means any institution under the management of the Board of Supervisors for the University of Louisiana System, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, and the Board of Supervisors of Community and Technical Colleges or any private or accredited college in the state. See Louisiana Revised Statutes 9:3577.2
- Inter vivos: Transfer of property from one living person to another living person.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- 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
- 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.
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Jurisprudence: The study of law and the structure of the legal system.
- Juror: A person who is on the jury.
- Last known address: means the mailing address or the electronic mail address provided by the lessee in the latest rental agreement or the mailing address or the electronic mail address provided by the lessee in a subsequent written notice of a change of address. See Louisiana Revised Statutes 9:4757
- 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.
- Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
- Legatee: A beneficiary of a decedent
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Lessee: means a person, his sublessee, successor, or assign, entitled to the use of storage space at a self-service storage facility under a rental agreement, to the exclusion of others. See Louisiana Revised Statutes 9:4757
- Loan originator or broker: means any person, except any regulated or supervised financial organization, credit union, licensed commercial or consumer lender, insurance company, consumer loan broker, or mortgage broker or lender, provided that the person excepted is licensed or registered with and subject to regulation or supervision by an agency of the United States or any state and is acting within the scope of the license, charter, or other permit, who:
(a) For, or in expectation of, consideration paid by the borrower, directly or indirectly arranges or attempts to arrange, or offers to fund or make a loan of money, a credit card, or a line of credit. See Louisiana Revised Statutes 9:3574.2
- Louisiana gross allocable income or loss: means those items of, or that portion of, allocable income or loss allocated to Louisiana pursuant to the provisions of Louisiana Revised Statutes 47:287.701
- Manufacturer: means a person who produces agricultural liming materials which are sold, offered for sale, or distributed in this state. See Louisiana Revised Statutes 3:1430.2
- Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
- Master Settlement Agreement: means the settlement agreement, and related documents, entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. See Louisiana Revised Statutes 13:5062
- materials: means solid or liquid materials which contain calcium or magnesium and which are sold, offered for sale, or distributed for use in neutralizing acidity in agricultural soils. See Louisiana Revised Statutes 3:1430.2
- Member: means each incorporator of a cooperative and each person admitted to and retaining membership therein, and shall include a husband and wife admitted to joint membership. See Louisiana Revised Statutes 17:2803
- Member: shall include any employee, as defined in Paragraph (10) of this Section, included in the membership of this system as provided in Louisiana Revised Statutes 11:2252
- Member: means any person included in the membership of the system. See Louisiana Revised Statutes 11:403
- Membership service: shall mean service as an employee or elected official while a member of this system. See Louisiana Revised Statutes 11:2252
- Merger: means a business combination pursuant to La. See Louisiana Revised Statutes 12:1-1101
- Minor child: means an unmarried child under the age of eighteen years or an unmarried student under the age of twenty-three years who is the issue of a marriage of a member of this system, the legally adopted child of a member of this system, a child born outside of marriage of a female member of this system, or the child of a male member of this system if acknowledged or filiated pursuant to the provisions of the Civil Code. See Louisiana Revised Statutes 11:403
- Mixed technique event: means contests in which contestants attack and defend with wrestling or grappling and with the fists and other parts of the human body, including but not limited to the foot, knee, leg, elbow, or head, wherein dangerous blows are intended to be struck with full contact. See Louisiana Revised Statutes 4:85
- Modification: shall mean the altering of the original substance of a grave space. See Louisiana Revised Statutes 25:933
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- 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
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- Net allocable income or loss: means net allocable income or loss earned within or derived from sources within Louisiana and is the mathematical remainder when subtracting from Louisiana gross allocable income or loss:
(1) Allowable deductions within the meaning of Louisiana Revised Statutes 47:287.701
- Net apportionable income or loss: means net apportionable income or loss earned within or derived from sources within Louisiana as computed pursuant to Louisiana Revised Statutes 47:287.701
- 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.
- Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Louisiana Revised Statutes 13:5072
- Nonpublic school: means any nonprofit elementary or secondary school within the state of Louisiana or which may hereafter be established within the state of Louisiana, offering education to the children of this state in any grades from grades one through twelve, wherein a pupil may fulfill the requirements of the Compulsory School Attendance Law and is in compliance with the Civil Rights Acts of 1964. See Louisiana Revised Statutes 17:2990.2
- Office: means the Office of Financial Institutions in the office of the governor. See Louisiana Revised Statutes 9:3574.2
- office: shall mean the Department of Public Safety and Corrections, youth services, office of juvenile justice. See Louisiana Revised Statutes 15:932
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Organization: means corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. See Louisiana Revised Statutes 9:3516
- Overtime: shall mean the additional hours worked above the regular tour of duty required by the local governing authority for which the member works and the compensation therefor. See Louisiana Revised Statutes 11:2252
- Owner: means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from a lessee under a rental agreement. See Louisiana Revised Statutes 9:4757
- 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
- paid or accrued: shall be construed according to the method of accounting upon the basis of which the net income is computed under this Chapter. See Louisiana Revised Statutes 47:98
- Parliamentarian: The Parliamentarian is an advisor on the interpretation of legislative rules and procedures.
- 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
- Participating parish: means any parish which has entered into a participation agreement with the commission by which certain space within the facility is subleased to house juveniles from the participating parish. See Louisiana Revised Statutes 15:1096
- party to a share exchange: means any domestic or foreign corporation or eligible entity that will do any of the following:
(1) Merge under a plan of merger. See Louisiana Revised Statutes 12:1-1101
- Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
- Person: means an individual, company, corporation, association, partnership, or other legal entity. See Louisiana Revised Statutes 4:421
- Person: includes any natural person, firm, association, corporation, business trust, partnership, state or political subdivision or agency thereof, or any body politic. See Louisiana Revised Statutes 17:2803
- person: means an individual, partnership, committee, association, corporation, or any other organization or group of persons. See Louisiana Revised Statutes 13:5062
- Person: means any natural person, trustee, company, partnership, corporation, or other legal entity. See Louisiana Revised Statutes 13:5072
- person: includes an individual and also includes a church, association of churches or other religious order, body or institution which qualifies for exemption from taxation under Section 501(c)(3) or (d) of the Internal Revenue Code of 1986 (Public law 99-514, Louisiana Revised Statutes 13:5234
- Person: as used in this Chapter means an individual or corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3516
- Person: means an individual or corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3574.2
- Person: means any individual, partnership, association, corporation, government, political subdivision, or governmental agency. See Louisiana Revised Statutes 9:4751
- Person: means any individual, partnership, corporation, association, or other legal entity. See Louisiana Revised Statutes 3:1430.2
- Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
- 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.
- political subdivision: means :
(1) Any parish, municipality, special district, school board, sheriff, public board, institution, department, commission, district, corporation, agency, authority, or an agency or subdivision of any of these, and other public or governmental body of any kind which is not a state agency. See Louisiana Revised Statutes 13:5102
- Political subdivision: means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. See Louisiana Revised Statutes 18:581
- Possession: means the exercise of control over human remains. See Louisiana Revised Statutes 25:953
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Practice of school counseling: means the rendering, offering to render, or supervising those who render to individuals or groups of pupils within the elementary, secondary, and postsecondary schools services involving the application of counseling procedures for learning how to solve problems and make decisions. See Louisiana Revised Statutes 17:3002
- 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.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- 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.
- Principal: means the amount financed or amount deferred under a consumer credit transaction. See Louisiana Revised Statutes 9:3516
- Principal: means any officer, director, owner, sole proprietor, partner, member, joint venturer, manager, or other person with similar managerial or supervisory responsibilities for a person who makes or offers to make or broker loans, whatever his job title. See Louisiana Revised Statutes 9:3574.2
- Private transfer fee: means a fee or charge required by a private transfer fee obligation and payable upon the transfer of an interest in an immovable, or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the immovable, the purchase price, or other consideration given for the transfer. See Louisiana Revised Statutes 9:3132
- Private transfer fee obligation: means any obligation arising under any recorded or unrecorded declaration or agreement, whether or not purporting to create a servitude, building restriction or other real right, to pay a private transfer fee to a party to the declaration or agreement, or his successors or assigns, or a third person upon a subsequent transfer of an interest in the immovable. See Louisiana Revised Statutes 9:3132
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- professional occupational therapy corporation: means a corporation organized pursuant to this Chapter for the practice of occupational therapy. See Louisiana Revised Statutes 12:1190
- Professional social work corporation: means a corporation organized pursuant to this Chapter for the practice of social work. See Louisiana Revised Statutes 12:1400
- Professional wrestler: means any person who does not qualify as an "amateur" and who participates in staged matches wherein no dangerous blow is intended to be struck and where there is a predetermined winner, whether or not the participant competes for a money prize or pecuniary gain. See Louisiana Revised Statutes 4:85
- Professional wrestling event: means any event which does not qualify as either a mixed technique event or amateur or boxing contest and which features in any way a professional wrestler and which qualifies as an exhibition under Subparagraph (4)(b) of this Section. See Louisiana Revised Statutes 4:85
- Program: shall mean the Louisiana Historic Cemetery Preservation Program. See Louisiana Revised Statutes 25:933
- Program: shall mean the Neighborhood Enhancement Program as established in this Chapter. See Louisiana Revised Statutes 25:1270.2
- Program: means the Magnolia Street Residential Neighborhood Enhancement Program as established by this Chapter. See Louisiana Revised Statutes 25:1271.2
- Public document: means informational matter, for public distribution regardless of format, method of reproduction, source, or copyright, originating in or produced with the imprint of, by the authority of, or at the total or partial expense of, any state agency. See Louisiana Revised Statutes 25:121.1
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Purchase: means acquisition in any manner, for any consideration. See Louisiana Revised Statutes 13:5072
- Refund: means the withdrawal of all accumulated contributions at least thirty days after termination from the state service, or with respect to members having the option of belonging to the system, withdrawal of all accumulated contributions at least thirty days after receipt by the system of written notice of withdrawal. See Louisiana Revised Statutes 11:403
- Registered athlete agent: means an athlete agent registered with the division under the provisions of this Chapter. See Louisiana Revised Statutes 4:421
- Released claims: means released claims as that term is defined in the Master Settlement Agreement. See Louisiana Revised Statutes 13:5062
- Releasing parties: means releasing parties as that term is defined in the Master Settlement Agreement. See Louisiana Revised Statutes 13:5062
- 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.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Rental agreement: means any agreement or lease, written or oral, entered into between the owner and a lessee, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use of self-service storage facility. See Louisiana Revised Statutes 9:4757
- 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).
- 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
- Retirement: shall mean withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:2252
- Retirement: means termination of active service, with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:403
- Retirement allowance: shall mean any benefit paid to a member under Louisiana Revised Statutes 11:2252
- Retirement system: shall mean the Firefighters' Retirement System as established in Louisiana Revised Statutes 11:2252
- 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
- School: means any secondary school in this state, including high schools and junior high schools, that has an athlete contract with an athlete. See Louisiana Revised Statutes 4:421
- School counselor: is a member of the school faculty who by training and background is qualified to engage in educational and vocational counseling and advisement. See Louisiana Revised Statutes 17:3002
- 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
- secretary of revenue: when used in this Title, mean the secretary of the Department of Revenue for the state of Louisiana. See Louisiana Revised Statutes 47:1501
- Self-service storage facility: means any real property designed and used for the purpose of renting or leasing individual storage space to lessees who are to have access to such for the purpose of storing and removing movable property. See Louisiana Revised Statutes 9:4757
- sell: means any transfer, exchange, or barter in any manner or by any means for any consideration. See Louisiana Revised Statutes 13:5072
- Service: shall mean service rendered as an employee as described in Paragraph (10) of this Section. See Louisiana Revised Statutes 11:2252
- Service of process: The service of writs or summonses to the appropriate party.
- Share exchange: means a business combination pursuant to La. See Louisiana Revised Statutes 12:1-1101
- Solicitation: means an act of asking, enticing, or requesting a student to read, review, or consider materials relating to an application for a credit card or to complete an application for a credit card. See Louisiana Revised Statutes 9:3577.2
- Spouse: means a person who is legally married to a member of this system. See Louisiana Revised Statutes 11:403
- 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
- State: means the state of Louisiana. See Louisiana Revised Statutes 11:403
- State agency: means an office, department, board, bureau, commission, council, institution, college or university, division, officer, or other person or group within the executive, judicial, or legislative branch of state government that is authorized to exercise or that exercises any of the functions of the government of the state of Louisiana. See Louisiana Revised Statutes 25:121.1
- state agency: means any board, commission, department, agency, special district, authority, or other entity of the state and, as used in Louisiana Revised Statutes 13:5102
- Statute: A law passed by a legislature.
- student: means any child or children between the ages of six and fifteen whose attendance at a public or private day school is required by Louisiana Revised Statutes 17:2990.2
- Student: means a person enrolled in a high school, a vocational-technical school, or a college or university, in a sufficient number of courses and classes in such 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 11:403
- Student: means a person who is under twenty-one years of age and who attends an institution of postsecondary education, whether enrolled on a full-time or part-time basis. See Louisiana Revised Statutes 9:3577.2
- Subpoena duces tecum: A command to a witness to produce documents.
- subscriber: means the participant or policyholder; "attorney-in-fact" means the representative of the subscribers through whom reciprocal insurance is exchanged; and "reciprocal insurer" means the organization or group of all the subscribers. See Louisiana Revised Statutes 22:161
- suit: means civil actions as defined in Code of Civil Procedure Art. See Louisiana Revised Statutes 13:5102
- Summons: Another word for subpoena used by the criminal justice system.
- System: means the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
- Taxable year: includes , in the case of a return made for a fractional part of a year under the provisions of this Chapter or under regulations prescribed by the collector, the period for which return is made. See Louisiana Revised Statutes 47:98
- 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.
- Termination: means complete cessation of employment with the state. See Louisiana Revised Statutes 11:403
- Testate: To die leaving a will.
- third person: means any persons other than the athlete agent or the athlete. See Louisiana Revised Statutes 4:421
- Tobacco product manufacturer: means an entity that after July 1, 1999, directly, and not exclusively through any affiliate:
(a) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer, as that term is defined in the Master Settlement Agreement, that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States). See Louisiana Revised Statutes 13:5062
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Total annual income: means the total amount actually earned in the tax year as reflected in the federal or state income tax return. See Louisiana Revised Statutes 17:2990.2
- Trade: means to distribute, to offer for sale, to offer for acquisition, to buy, to sell, to barter, to exchange, to give, to receive, to donate, or to bequest, whether by physical delivery or by subterfuge. See Louisiana Revised Statutes 25:953
- Transfer: means the sale, donation, conveyance, assignment, inheritance, or other transfer of an ownership interest in an immovable located in this state. See Louisiana Revised Statutes 9:3132
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
- Units sold: means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question, as measured by excise taxes collected by the state on packs, or "roll-your-own" tobacco containers, bearing the excise tax stamp of the state. See Louisiana Revised Statutes 13:5062
- Uphold: The decision of an appellate court not to reverse a lower court decision.
- Verified mail: means any method of mailing that is offered by the United States Postal Service or a private delivery service that provides evidence of mailing. See Louisiana Revised Statutes 9:4757
- Wireless telecommunications device: means a cellular telephone, a text messaging device, a personal digital assistant, a stand-alone computer, or any other substantially similar wireless device. See Louisiana Revised Statutes 9:4757
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
- years of service: shall mean the number of twelve-month periods a member has which are creditable toward receiving retirement benefits from the retirement system. See Louisiana Revised Statutes 11:2252