Terms Used In Minnesota Statutes > Chapter 123A > COOPERATION AND COMBINATION

• 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.
• 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.
• Appropriate law enforcement agency: means the attorney general of the state of Minnesota, the sheriff of each county in which a pawnbroker maintains an office, or the police chief of the municipality or law enforcement officers of the municipality in which a pawnbroker maintains an office. See Minnesota Statutes 325J.01
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• ASTM: means the American Society for Testing and Materials, a private organization that utilizes committees of industry representatives and regulators to develop product quality standards and test methods to be used by industries, regulatory agencies, and purchasing agents. See Minnesota Statutes 239.051
• Asymmetric cryptosystem: means an algorithm or series of algorithms that provide a secure key pair. See Minnesota Statutes 325K.01
• 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.
• biofuel: includes both advanced and conventional biofuels. See Minnesota Statutes 239.051
• Certificate: means a computer-based record that:

  (1) identifies the certification authority issuing it;

  (2) names or identifies its subscriber;

  (3) contains the subscriber's public key; and

  (4) is digitally signed by the certification authority issuing it. See Minnesota Statutes 325K.01

• Certification authority: means a person who issues a certificate. See Minnesota Statutes 325K.01
• Certification authority disclosure record: means an online, publicly accessible electronic record that concerns a licensed certification authority and is kept by the secretary. See Minnesota Statutes 325K.01
• Certification practice statement: means a declaration of the practices that a certification authority employs in issuing certificates generally, or employed in issuing a material certificate. See Minnesota Statutes 325K.01
• Certify: means to declare with reference to a certificate, with ample opportunity to reflect, and with a duty to apprise oneself of all material facts. See Minnesota Statutes 325K.01
• children: includes children by birth or adoption;

  (9) "day" comprises the time from midnight to the next midnight;

  (10) "fiscal year" means the year by or for which accounts are reckoned;

  (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

  (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

  (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

  (14) "minor" means an individual under the age of 18 years;

  (15) "money" means lawful money of the United States;

  (16) "night time" means the time from sunset to sunrise;

  (17) "non compos mentis" refers to an individual of unsound mind;

  (18) "notary" means a notary public;

  (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

  (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

• Collector vehicle: means a motor vehicle for which the commissioner of public safety has issued a pioneer license, classic car license, collector license, or street rod license under section 168. See Minnesota Statutes 239.051
• Commissioner: means the commissioner of the Department of Commerce. See Minnesota Statutes 239.051
• Competitive service: means a service that has been determined to be subject to effective competition or emerging competition. See Minnesota Statutes 237.57
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confirm: means to ascertain through appropriate inquiry and investigation. See Minnesota Statutes 325K.01
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Correct: when used in connection with weights and measures, means conformance with the applicable requirements of this chapter, and rules adopted under the authority granted by this chapter. See Minnesota Statutes 239.051
• court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Commerce. See Minnesota Statutes 239.051
• digitally signed: means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine:

  (1) whether the transformation was created using the private key that corresponds to the signer's public key; and

  (2) whether the initial message has been altered since the transformation was made. See Minnesota Statutes 325K.01

• Director: means the director of the Division of Weights and Measures of the Department of Commerce. See Minnesota Statutes 239.051
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispenser: means a device designed to measure and deliver liquid petroleum products used as fuel. See Minnesota Statutes 239.051
• Distributor: means a person who is licensed by the Department of Revenue, under the requirements of section 296A. See Minnesota Statutes 239.051
• Division: means the Division of Weights and Measures of the Department of Commerce. See Minnesota Statutes 239.051
• 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.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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 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}
• Financial institution: means a national or state-chartered commercial bank or trust company, savings bank, savings association, or credit union authorized to do business in the state of Minnesota and the deposits of which are federally insured. See Minnesota Statutes 325K.01
• Fraud: Intentional deception resulting in injury to another.
• Gasoline: has the meaning given it in section 296A. See Minnesota Statutes 239.051
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Hold a private key: means to be authorized to utilize a private key. See Minnesota Statutes 325K.01
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• 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.
• Key pair: means a private key and its corresponding public key in an asymmetric cryptosystem, keys which have the property that the public key can verify a digital signature that the private key creates. See Minnesota Statutes 325K.01
• 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}
• Licensed certification authority: means a certification authority to whom a license has been issued by the secretary and whose license is in effect, or a certification authority who operates under a license issued by a governmental entity which has been certified pursuant to section 325K. See Minnesota Statutes 325K.01
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
• Message: means a digital representation of information. See Minnesota Statutes 325K.01
• Metrology: means the science and practice of precise measurement, including measurement of mass, length, volume, and temperature. See Minnesota Statutes 239.051
• Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
• Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
• Municipality: means any town, home rule charter or statutory city, or county that elects to regulate and license pawnbrokers within its jurisdiction pursuant to local ordinance. See Minnesota Statutes 325J.01
• Net weight: means the weight of a commodity excluding materials, substances, or items not considered to be part of the commodity. See Minnesota Statutes 239.051
• Notify: means to communicate a fact to another person in a manner reasonably likely under the circumstances to impart knowledge of the information to the other person. See Minnesota Statutes 325K.01
• 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.
• Operative personnel: means one or more natural persons acting as a certification authority or its agent, or in the employment of, or under contract with, a certification authority, and who have duties directly involving the issuance of certificates, creation of private keys, or administration of a certification authority's computing facilities. See Minnesota Statutes 325K.01
• Oxygenate: means agriculturally derived, denatured ethanol, ETBE, MTBE, or other alcohol or ether, approved as an oxygenate by the United States Environmental Protection Agency. See Minnesota Statutes 239.051
• Package: means a commodity put up or packaged in advance of sale in units suitable for either wholesale or retail sale. See Minnesota Statutes 239.051
• 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.
• Pawn transaction: means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. See Minnesota Statutes 325J.01
• pawnbroker: means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. See Minnesota Statutes 325J.01
• Pawnshop: means the location at which or premises in which a pawnbroker regularly conducts business. See Minnesota Statutes 325J.01
• Person: means an individual, partnership, corporation, limited liability company, joint venture, trust, association, or any other legal entity, however organized. See Minnesota Statutes 325J.01
• Person: means a human being or an organization capable of signing a document, either legally or as a matter of fact. See Minnesota Statutes 325K.01
• Person: means person or persons, corporation, partnership, stock company, society, association, or the agent or employee thereof. See Minnesota Statutes 239.051
• Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
• Personal property: All property that is not real property.
• 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.
• Pledged goods: means tangible personal property other than choses in action, securities, bank drafts, or printed evidence of indebtedness, that are purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction. See Minnesota Statutes 325J.01
• 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.
• Primary standards: means the physical standards of the state that serve as the legal reference from which all other standards and weights and measures are derived. See Minnesota Statutes 239.051
• Private key: means the key of a key pair used to create a digital signature. See Minnesota Statutes 325K.01
• Public key: means the key of a key pair used to verify a digital signature. See Minnesota Statutes 325K.01
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Publish: means to record or file in a repository. See Minnesota Statutes 325K.01
• Qualified right to payment: means an award of damages against a licensed certification authority by a court having jurisdiction over the certification authority in a civil action for violation of this chapter. See Minnesota Statutes 325K.01
• Recipient: means a person who has received a certificate and a digital signature verifiable with reference to a public key listed in the certificate and is in a position to rely on it. See Minnesota Statutes 325K.01
• Recognized repository: means a repository recognized by the secretary under section 325K. See Minnesota Statutes 325K.01
• Recommended reliance limit: means the monetary amount recommended for reliance on a certificate under section 325K. See Minnesota Statutes 325K.01
• 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.
• Repository: means a system for storing and retrieving certificates and other information relevant to digital signatures. See Minnesota Statutes 325K.01
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Revoke a certificate: means to make a certificate ineffective permanently from a specified time forward. See Minnesota Statutes 325K.01
• Sample: means a sample of a petroleum product taken from a dispenser or storage tank by the division or a sample of a petroleum product provided to the division by a licensed distributor. See Minnesota Statutes 239.051
• seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
• Secretary: means the Minnesota secretary of state. See Minnesota Statutes 325K.01
• 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.
• state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subscriber: means a person who:

  (1) is the subject listed in a certificate;

  (2) accepts the certificate; and

  (3) holds a private key that corresponds to a public key listed in that certificate. See Minnesota Statutes 325K.01

• Suitable guaranty: means :

  (1) a surety bond or an irrevocable letter of credit issued for the benefit of persons holding qualified rights of payment against the licensed certification authority named as the principal of the bond or the customer of the letter of credit; or

  (2) a policy of insurance that provides that claims may be made and resolved without obtaining a qualified right to payment. See Minnesota Statutes 325K.01

• Summary suspension: means a temporary rescission of a certification authority's license by order of the secretary. See Minnesota Statutes 325K.01
• Suspend a certificate: means to make a certificate ineffective temporarily for a specified time forward. See Minnesota Statutes 325K.01
• Telecommunications carrier: means a person, firm, association, or corporation authorized to furnish one or more of the following telephone services to the public, but not otherwise authorized to furnish local exchange service: (1) interexchange telephone service; (2) local telephone service pursuant to a certificate granted under the authority of section 237. See Minnesota Statutes 237.01
• Telecommunications service: means the offering of telecommunications for a fee directly to the public or to such classes of users as to be effectively available to the public regardless of the facilities used. See Minnesota Statutes 237.01
• Telecommunications service provider: means any provider of telecommunications service. See Minnesota Statutes 237.01
• Telephone company: means and applies to any person, firm, association or any corporation, private or municipal, owning or operating any telephone line or telephone exchange for hire, wholly or partly within this state, or furnishing any telephone service to the public. See Minnesota Statutes 237.01
• 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.
• terminal: means a petroleum refinery, pipeline terminal, river terminal, storage facility, or other point of origin where liquefied petroleum gas or petroleum products are manufactured, or imported by rail, truck, barge, or pipe; and held, stored, transferred, offered for distribution, distributed, offered for sale, or sold. See Minnesota Statutes 239.051
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Transactional certificate: means a valid certificate incorporating by reference one or more of the digital signatures. See Minnesota Statutes 325K.01
• 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.
• Trustworthy system: means computer hardware and software that:

  (1) are reasonably secure from intrusion and misuse;

  (2) provide a reasonable level of availability, reliability, and correct operation; and

  (3) are reasonably suited to performing their intended functions. See Minnesota Statutes 325K.01

• Valid certificate: means a certificate that:

  (1) a licensed certification authority has issued;

  (2) the subscriber listed in it has accepted;

  (3) has not been revoked or suspended; and

  (4) has not expired. See Minnesota Statutes 325K.01

• verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
• Verify a digital signature: means , in relation to a given digital signature, message, and public key, to determine accurately that:

  (1) the digital signature was created by the private key corresponding to the public key; and

  (2) the message has not been altered since its digital signature was created. See Minnesota Statutes 325K.01

• Weight: means net weight when it is used in connection with a commodity sold by weight. See Minnesota Statutes 239.051