Missouri Laws > Chapter 21 – General Assembly
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Terms Used In Missouri Laws > Chapter 21 - General Assembly
- Abatement project designer: an individual who designs or plans AHERA asbestos abatement. See Missouri Laws 643.020
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Administrative entity: a provider of specialized services other than transportation to clients of the department on behalf of a division of the department. See Missouri Laws 630.005
- 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.
- 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Affordability: with respect to payment of a utility bill, a measure of whether an individual customer or household with an income equal to or lower than the median household income for their community can pay the bill without undue hardship or unreasonable sacrifice in the essential lifestyle or spending patterns of the individual or household, taking into consideration the criteria described in subsection 4 of this section. See Missouri Laws 644.145
- AHERA: Asbestos Hazard Emergency Response Act of 1986 (P. See Missouri Laws 643.020
- Air contaminant: any particulate matter or any gas or vapor or any combination thereof. See Missouri Laws 643.020
- Air contaminant source: any and all sources of air contaminants whether privately or publicly owned or operated. See Missouri Laws 643.020
- Air pollution: the presence in the ambient air of one or more air contaminants in quantities, of characteristics and of a duration which directly and proximately cause or contribute to injury to human, plant, or animal life or health or to property or which unreasonably interferes with the enjoyment of life or use of property. See Missouri Laws 643.020
- Alcohol abuse: the use of any alcoholic beverage, which use results in intoxication or in a psychological or physiological dependency from continued use, which dependency induces a mental, emotional or physical impairment and which causes socially dysfunctional behavior. See Missouri Laws 630.005
- Alcohol or drug abuse facility: a place providing treatment and rehabilitation to persons engaged in alcohol or drug abuse, or both, which is recognized as such a place by the department of mental health. See Missouri Laws 631.005
- Allegation: something that someone says happened.
- Ambient air: all space outside of buildings, stacks, or exterior ducts. See Missouri Laws 643.020
- 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.
- 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.
- 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
- Area of the state: any geographical area designated by the commission. See Missouri Laws 643.020
- Arrest: Taking physical custody of a person by lawful authority.
- Asbestos: the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite. See Missouri Laws 643.020
- Asbestos abatement: the encapsulation, enclosure or removal of asbestos-containing materials in or from a building or air contaminant source, or preparation of friable asbestos-containing material prior to demolition. See Missouri Laws 643.020
- Asbestos abatement contractor: any person who by agreement, contractual or otherwise, conducts asbestos abatement projects at a location other than his own place of business. See Missouri Laws 643.020
- Asbestos abatement projects: an activity undertaken to encapsulate, enclose or remove one hundred sixty square feet or two hundred sixty linear feet or thirty-five cubic feet or more of regulated asbestos-containing materials from buildings and other air contaminant sources, or to demolish buildings and other air contaminant sources containing one hundred sixty square feet or two hundred sixty linear feet or thirty-five cubic feet or more of regulated asbestos-containing materials. See Missouri Laws 643.020
- Asbestos abatement supervisor: an individual who directs, controls, or supervises others in asbestos abatement projects. See Missouri Laws 643.020
- Asbestos abatement worker: an individual who engages in asbestos abatement projects. See Missouri Laws 643.020
- Asbestos air sampling professional: an individual who by qualifications and experience is proficient in asbestos abatement air monitoring. See Missouri Laws 643.020
- Asbestos-containing material: any material or product which contains more than one percent asbestos. See Missouri Laws 643.020
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assigned counsel: means private attorneys who are hired by the state public defender director to handle the cases of eligible persons from time to time on a case basis. See Missouri Laws 600.011
- Assistant public defender: a staff attorney within a particular public defender office responsible for the handling of cases of eligible persons. See Missouri Laws 600.011
- 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.
- 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.
- 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.
- 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: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Bequeath: To gift property by will.
- Bequest: Property gifted by will.
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Central repository: the location where all DNA samples collected from individuals under section 650. See Missouri Laws 650.100
- Chambers: A judge's office.
- Chemical restraint: medication administered with the primary intent of restraining a patient who presents a likelihood of serious physical injury to himself or others, and not prescribed to treat a person's medical condition. See Missouri Laws 630.005
- Client: any person who is placed by the department in a facility or program licensed and funded by the department or who is a recipient of services from a regional center, as defined in section 633. See Missouri Laws 630.005
- Closed meeting: "closed record", or "closed vote", any meeting, record or vote closed to the public. See Missouri Laws 610.010
- CODIS: includes the National DNA Index System administered and operated by the Federal Bureau of Investigation. See Missouri Laws 650.100
- Commission: the public defender commission. See Missouri Laws 600.011
- Commission: the state mental health commission. See Missouri Laws 630.005
- Commission: the air conservation commission of the state of Missouri created in section 643. See Missouri Laws 643.020
- Common carrier: includes every motor carrier, as defined in section 390. See Missouri Laws 622.100
- 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.
- Competent person: as defined in the United States Occupational Safety and Health Administration's (OSHA) standard 29 C. See Missouri Laws 643.020
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Comprehensive evaluation: a study, including a sequence of observations and examinations, of an individual leading to conclusions and recommendations formulated jointly by an interdisciplinary team of persons with special training and experience in the diagnosis and habilitation of a person with an intellectual disability or a developmental disability. See Missouri Laws 633.005
- 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.
- Consumer: a person:
(a) Who qualifies to receive department services. See Missouri Laws 630.005
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Copying: if requested by a member of the public, copies provided as detailed in section 610. See Missouri Laws 610.010
- 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.
- Corporation: includes a corporation, company, association, limited liability company, limited liability partnership and joint stock association or company. See Missouri Laws 622.100
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Crime laboratory: a laboratory operated or supported financially by the state or any unit of city, county, or other local Missouri government that employs at least one scientist who examines physical evidence in criminal matters and provides expert or opinion testimony with respect to such physical evidence in a state court of law. See Missouri Laws 650.100
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Day program: a place conducted or maintained by any person who advertises or holds himself out as providing prevention, evaluation, treatment, habilitation or rehabilitation for persons affected by mental disorders, mental illness, intellectual disabilities, developmental disabilities or alcohol or drug abuse for less than the full twenty-four hours comprising each daily period. See Missouri Laws 630.005
- 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.
- Defense attorney: Represent defendants in criminal matters.
- Department: the department of mental health of the state of Missouri. See Missouri Laws 630.005
- Department: the department of natural resources of the state of Missouri. See Missouri Laws 643.020
- Department: the Missouri department of public safety. See Missouri Laws 650.100
- 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.
- Deputy director: the attorney or attorneys appointed by the commission to assist the state public defender director and to temporarily exercise the duties and powers of the director in his or her absence or upon his or her resignation, pending the commission's appointment of a new director. See Missouri Laws 600.011
- Deputy district defender: an attorney who assists the district defender in the management and supervision of a public defender district office and performs the duty of the district defender in his or her absence. See Missouri Laws 600.011
- Developmental disability: a disability:
(a) Which is attributable to:
a. See Missouri Laws 630.005
- Developmental disability facility: a private or department facility, other than a regional center, which admits persons with an intellectual disability or a developmental disability for residential habilitation and other services and which is qualified or licensed as such by the department pursuant to chapter 630. See Missouri Laws 633.005
- Devise: To gift property by will.
- Director: the state public defender director. See Missouri Laws 600.011
- Director: the director of the department of mental health, or his designee. See Missouri Laws 630.005
- Director: the director of the department of natural resources. See Missouri Laws 643.020
- 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:
- District defender: the managing attorney in charge of a public defender district office. See Missouri Laws 600.011
- Division: the division of motor carrier and railroad safety within the department of economic development. See Missouri Laws 622.100
- Division: the division of alcohol and drug abuse of the department of mental health. See Missouri Laws 631.005
- Division: the division of developmental disabilities of the department of mental health. See Missouri Laws 633.005
- Division director: an employee responsible for the supervision and management of multiple district offices or areas of statewide responsibility as assigned by the director, or both. See Missouri Laws 600.011
- Division director: the director of the division of alcohol and drug abuse of the department of mental health, or his designee. See Missouri Laws 631.005
- Division director: the director of the division of developmental disabilities of the department of mental health, or his designee. See Missouri Laws 633.005
- Division staff: all personnel of the division, except those individuals assigned to the administrative law judge section. See Missouri Laws 622.100
- DNA: deoxyribonucleic acid. See Missouri Laws 650.100
- DNA profile: refers to the collective results of all DNA identification analyses on an individual's DNA sample. See Missouri Laws 650.100
- DNA record: the DNA identification information stored in the state DNA database or CODIS. See Missouri Laws 650.100
- DNA sample: a biological sample provided by any person with respect to offenses covered by section 650. See Missouri Laws 650.100
- Docket: A log containing brief entries of court proceedings.
- Donor: The person who makes a gift.
- Drug abuse: the use of any drug without compelling medical reason, which use results in a temporary mental, emotional or physical impairment and causes socially dysfunctional behavior, or in psychological or physiological dependency resulting from continued use, which dependency induces a mental, emotional or physical impairment and causes socially dysfunctional behavior. See Missouri Laws 630.005
- Eligible person: a person who falls within the financial rules for legal representation at public expense prescribed by section 600. See Missouri Laws 600.011
- Emission: the discharge or release into the atmosphere of one or more air contaminants. See Missouri Laws 643.020
- Emission control regulations: limitations on the emission of air contaminants into the ambient air. See Missouri Laws 643.020
- 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.
- 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
- 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.
- Expunge: to destroy an individual's DNA sample and remove the DNA record from the state DNA database. See Missouri Laws 650.100
- Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
- Fiduciary: A trustee, executor, or administrator.
- Financial capability: the financial capability of a community to make investments necessary to make water quality-related improvements. See Missouri Laws 644.145
- Finding of affordability: a department statement as to whether an individual or a household receiving as income an amount equal to or lower than the median household income for the applicant community would be required to make unreasonable sacrifices in the individual's or the household's essential lifestyle or spending patterns or undergo hardships in order to make the projected monthly payments for sewer services. See Missouri Laws 644.145
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Floor leaders: The Majority Leader and Minority Leader are elected by their respective party conferences to serve as the chief Senate spokesmen for their parties and to manage and schedule the legislative and executive business of the Senate. By custom, the Presiding Officer gives the floor leaders priority in obtaining recognition to speak on the floor of the Senate.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- 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
- Fraud: Intentional deception resulting in injury to another.
- Friable asbestos-containing material: any material containing more than one percent, as determined by either the method specified in appendix E, section 1 Polarized Light Microscopy in 40 C. See Missouri Laws 643.020
- 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
- General election: means the election required to be held on the Tuesday succeeding the first Monday of November, biennially. See Missouri Laws 1.020
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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
- Grinding: to reduce to powder or small fragments and includes mechanical chipping or drilling. See Missouri Laws 643.020
- Group home: a residential facility serving nine or fewer residents, similar in appearance to a single-family dwelling and providing basic health supervision, habilitation training in skills of daily and independent living and community integration, and social support. See Missouri Laws 633.005
- 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.
- Guardian: if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in chapter 475. See Missouri Laws 1.020
- Guardianship: if used in a section in a context relating to rights and obligations other than property rights or obligations, means guardian of the person as defined in chapter 475. See Missouri Laws 1.020
- 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.
- Habilitation: a process of treatment, training, care or specialized attention that seeks to enhance and maximize a person with an intellectual disability or a developmental disability to cope with the environment and to live as determined by the person as much as possible, as is appropriate for the person considering his or her physical and mental condition and financial means. See Missouri Laws 630.005
- Habilitation center: a residential facility operated by the department and serving only persons who are developmentally disabled. See Missouri Laws 630.005
- Head of the facility: the chief administrative officer, or his designee, of any residential facility. See Missouri Laws 630.005
- hereafter: means the time after the statute containing it takes effect. See Missouri Laws 1.020
- Heretofore: means any time previous to the day when the statute containing it takes effect. See Missouri Laws 1.020
- Incompetent: if used in a section in a context relating to actual occupational ability without reference to a court adjudication of incompetency, means the actual ability of a person to perform in that occupation. See Missouri Laws 1.020
- 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.
- Inspector: an individual who collects and assimilates information used to determine whether asbestos-containing material is present in a building or other air contaminant sources. See Missouri Laws 643.020
- Intellectual disability: significantly subaverage general intellectual functioning which:
(a) Originates before age eighteen. See Missouri Laws 630.005
- Investigator: an employee or contract agent of the department of mental health who is performing an investigation regarding an allegation of abuse or neglect or an investigation at the request of the director of the department of mental health or his designee. See Missouri Laws 630.005
- 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 meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
- Joint resolution: A legislative measure which requires the approval of both chambers.
- 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
- Least restrictive environment: a reasonably available setting or mental health program where care, treatment, habilitation or rehabilitation is particularly suited to the level and quality of services necessary to implement a person's individualized treatment, habilitation or rehabilitation plan and to enable the person to maximize his or her functioning potential to participate as freely as feasible in normal living activities, giving due consideration to potentially harmful effects on the person and the safety of other facility or program clients and public safety. See Missouri Laws 630.005
- Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Line: includes route. See Missouri Laws 622.100
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local funds: any funds not provided by the federal government. See Missouri Laws 650.100
- Management planner: an individual, under AHERA, who devises and writes plans for asbestos abatement. See Missouri Laws 643.020
- Mental disorder: any organic, mental or emotional impairment which has substantial adverse effects on a person's cognitive, volitional or emotional function and which constitutes a substantial impairment in a person's ability to participate in activities of normal living. See Missouri Laws 630.005
- Mental illness: a state of impaired mental processes, which impairment results in a distortion of a person's capacity to recognize reality due to hallucinations, delusions, faulty perceptions or alterations of mood, and interferes with an individual's ability to reason, understand or exercise conscious control over his actions. See Missouri Laws 630.005
- Minor: any person under the age of eighteen years. See Missouri Laws 630.005
- Minority leader: See Floor Leaders
- Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
- Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Municipality: includes a city, village or town. See Missouri Laws 622.100
- 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.
- Nonattainment area: any area designated by the governor as a "nonattainment area" as defined in the federal Clean Air Act, as amended, 42 U. See Missouri Laws 643.020
- Nonfriable asbestos-containing material: any material containing more than one percent asbestos as determined by either the method specified in appendix E, section 1 Polarized Light Microscopy in 40 C. See Missouri Laws 643.020
- Oath: A promise to tell the truth.
- 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 argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Oversight: Committee review of the activities of a Federal agency or program.
- 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.
- Patient: an individual under observation, care, treatment or rehabilitation by any hospital or other mental health facility or mental health program pursuant to the provisions of chapter 632. See Missouri Laws 630.005
- Person: includes an individual, corporation, governmental entity, and a firm or partnership. See Missouri Laws 622.100
- Person: any individual, partnership, copartnership, firm, company, or public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties. See Missouri Laws 643.020
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action and evidences of debt. See Missouri Laws 1.020
- Place of residence: means the place where the family of any person permanently resides in this state, and the place where any person having no family generally lodges. See Missouri Laws 1.020
- 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.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- 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.
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes real and personal property. See Missouri Laws 1.020
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public business: all matters which relate in any way to the performance of the public governmental body's functions or the conduct of its business. See Missouri Laws 610.010
- Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Public governmental body: any legislative, administrative or governmental entity created by the Constitution or statutes of this state, by order or ordinance of any political subdivision or district, judicial entities when operating in an administrative capacity, or by executive order, including:
(a) Any body, agency, board, bureau, council, commission, committee, board of regents or board of curators or any other governing body of any institution of higher education, including a community college, which is supported in whole or in part from state funds, including but not limited to the administrative entity known as "The Curators of the University of Missouri" as established by section 172. See Missouri Laws 610.010
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Public meeting: any meeting of a public governmental body subject to sections 610. See Missouri Laws 610.010
- Public record: any record, whether written or electronically stored, retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or in part by public funds, including records created or maintained by private contractors under an agreement with a public governmental body or on behalf of a public governmental body. See Missouri Laws 610.010
- Public vote: any vote, whether conducted in person, by telephone, or by any other electronic means, cast at any public meeting of any public governmental body. See Missouri Laws 610.010
- Qualified counselor: a person who provides substance abuse counseling and who meets the qualifications prescribed in the standards for certification of alcohol and drug abuse programs under rules promulgated by the department of mental health, as authorized by sections 630. See Missouri Laws 631.005
- quasi-public governmental body: means any person, corporation or partnership organized or authorized to do business in this state pursuant to the provisions of chapter 352, Missouri Laws 610.010
- Quorum: The number of legislators that must be present to do business.
- Railroad: includes every railroad and railway, other than street railroad, by whatsoever power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, real estate and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such railroad. See Missouri Laws 622.100
- Railroad corporation: includes every person, their lessees, trustees or receivers owning, holding, operating, controlling or managing any railroad or railway or any cars or other equipment used thereon or in connection therewith. See Missouri Laws 622.100
- Rate: every individual or joint rate, fare, toll, charge, reconsigning charge, rental or other compensation of any corporation, person or common carrier or any schedule or tariff thereof. See Missouri Laws 622.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Recess: A temporary interruption of the legislative business.
- Regional center: an entity so designated by the department to provide, directly or indirectly, for comprehensive developmental disability services under this chapter in a particular region. See Missouri Laws 633.005
- Rehabilitation: a process of restoration of a person's ability to attain or maintain normal or optimum health or constructive activity through care, treatment, training, counseling or specialized attention. See Missouri Laws 630.005
- 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.
- 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).
- Residence: the place where the patient has last generally lodged prior to admission or, in case of a minor, where his family has so lodged. See Missouri Laws 630.005
- Resident: a person receiving residential services from a facility, other than mental health facility, operated, funded or licensed by the department. See Missouri Laws 630.005
- Residential facility: any premises where residential prevention, evaluation, care, treatment, habilitation or rehabilitation is provided for persons affected by mental disorders, mental illness, intellectual disability, developmental disabilities or alcohol or drug abuse. See Missouri Laws 630.005
- Respite care: temporary and short-term residential care, sustenance and supervision of a person with an intellectual disability or a developmental disability who otherwise resides in a family home. See Missouri Laws 633.005
- Respondent: an individual who is the subject of involuntary civil detention proceedings instituted under this chapter. See Missouri Laws 631.005
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- School district: seven-director districts, urban school districts, and metropolitan school districts, as defined in section 160. See Missouri Laws 643.020
- Select or special committee: A committee established by the legislature for a limited time period to perform a particular study or investigation. These committees might be given or denied authority to report legislation to the legislature.
- Service: includes not only the use and accommodations afforded consumers or patrons, but also any product or commodity furnished by any corporation, person or carrier and the plant, equipment, apparatus, appliances, property and facilities employed by any corporation, person or carrier in performing any service or in furnishing any product or commodity and devoted to the public purposes of such corporation, person or carrier, and to the use and accommodation of consumers or patrons. See Missouri Laws 622.100
- 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.
- Small business: for the purpose of sections 643. See Missouri Laws 643.020
- Specialized service: an entity which provides prevention, evaluation, transportation, care, treatment, habilitation or rehabilitation services to persons affected by mental disorders, mental illness, intellectual disabilities, developmental disabilities or alcohol or drug abuse. See Missouri Laws 630.005
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- State advisory council: the Missouri developmental disabilities council as created in section 633. See Missouri Laws 633.005
- State public defender system: a system for providing defense services to every jurisdiction within the state by means of a centrally administered organization having a full-time staff. See Missouri Laws 600.011
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Street railroad: includes every railroad by whatsoever type of power operated, and all extensions and branches thereof and supplementary facilities thereto for public use in the conveyance of persons or property for compensation, mainly providing local transportation service upon the streets, highways and public places in a municipality, or in and adjacent to a municipality, and including all cars, buses and other rolling stock, equipment, switches, spurs, tracks, poles, wires, conduits, cables, subways, tunnels, stations, terminals and real estate of every kind used, operated or owned in connection therewith. See Missouri Laws 622.100
- Street railroad corporation: includes every person, their lessees, trustees or receivers, owning, holding, operating, controlling or managing any street railroad as herein defined. See Missouri Laws 622.100
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Summons: Another word for subpoena used by the criminal justice system.
- 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.
- 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.
- 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.
- Transportation of persons: includes every service in connection with or incidental to the safety, comfort or convenience of the person transported and the receipt, carriage and delivery of such person and the person's baggage. See Missouri Laws 622.100
- Transportation of property: includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, storage, and handling of the property transported. See Missouri Laws 622.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trustee: A person or institution holding and administering property in trust.
- 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
- United States: includes such district and territories. See Missouri Laws 1.020
- 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.
- Vendor: a person or entity under contract with the department, other than as a department employee, who provides services to patients, residents or clients. See Missouri Laws 630.005
- Venue: The geographical location in which a case is tried.
- Verdict: The decision of a petit jury or a judge.
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
- voter: is used in the laws of this state it shall mean registered voter, or legal voter. See Missouri Laws 1.035
- Vulnerable person: any person in the custody, care, or control of the department that is receiving services from an operated, funded, licensed, or certified program. See Missouri Laws 630.005
- Ward: if used in a section in a context relating to the property rights and obligations of a person, means a protectee as defined in chapter 475. See Missouri Laws 1.020
- 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.