Terms Used In Minnesota Statutes > Chapter 383B > HEALTH

• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Aural transfer: means a transfer containing the human voice at any point between and including the point of origin and the point of reception. See Minnesota Statutes 626A.01
• Bureau: means the Bureau of Criminal Apprehension. See Minnesota Statutes 626A.01
• Communications common carrier: means any individual, partnership, corporation, or association which provides telephone or telegraph service to subscribers or users pursuant to tariffs on file with the Minnesota Public Utilities Commission or the Federal Communications Commission. See Minnesota Statutes 626A.01
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contents: when used with respect to any wire, electronic, or oral communication, includes any information concerning the substance, purport, or meaning of that communication. See Minnesota Statutes 626A.01
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Electronic communication: means transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system but does not include:

  (1) a wire or oral communication;

  (2) a communication made through a tone-only paging device; or

  (3) a communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object. See Minnesota Statutes 626A.01

• Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Minnesota Statutes 626A.01
• Electronic storage: means :

  (1) a temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission of the communication; and

  (2) a storage of communication described in clause (1) by an electronic communication service for purposes of backup protection of the communication. See Minnesota Statutes 626A.01

• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intercept: means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Minnesota Statutes 626A.01
• Investigative or law enforcement officer: means any officer of the United States or of a state or political subdivision thereof, or a University of Minnesota peace officer who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter, or any attorney authorized by law to prosecute or participate in the prosecution of such offenses. See Minnesota Statutes 626A.01
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
• Manufacturer: means any person who is engaged in the business of manufacturing electronic, mechanical or other devices, or who otherwise produces any such device for sale or distribution. See Minnesota Statutes 626A.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.
• Oral communication: means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but the term does not include any electronic communication. See Minnesota Statutes 626A.01
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
• Person: means any individual, partnership, corporation, joint stock company, trust, or association, including but not limited to, the subscriber to the telephone or telegraph service involved and any law enforcement officer. See Minnesota Statutes 626A.01
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Readily accessible to the general public: means , with respect to a radio communication, that the communication is not:

  (1) scrambled or encrypted;

  (2) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communication;

  (3) carried on a subcarrier or other signal subsidiary to a radio transmission;

  (4) transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication; or

  (5) transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or Part 94 of Title 47 of the Code of Federal Regulations, unless in the case of a communication transmitted on a frequency allocated under Part 74 of Title 47 of the Code of Federal Regulations that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio. See Minnesota Statutes 626A.01

• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• User: means a person or entity who:

  (1) uses an electronic communication service; and

  (2) is duly authorized by the provider of the service to engage in the use. See Minnesota Statutes 626A.01

• Wire communication: includes any electronic storage of the communication. See Minnesota Statutes 626A.01