Terms Used In Montana Code > Title 17 > Chapter 8 - Disbursement and Expenditure

• Claim: includes any request or demand for money, property, or services, whether made pursuant to a contract and regardless of whether a governmental entity holds title to the money or property, that is made to:

  (a)an employee, officer, agent, or other representative of a governmental entity; or

  (b)a contractor, grantee, or other person, whether under contract or not, if any portion of the money, property, or services requested or demanded is to be spent or used on a governmental entity's behalf or to advance a governmental program or interest and if the governmental entity:

  (i)provides or has provided any portion of the money, property, or services requested or demanded; or

  (ii)will reimburse a contractor, grantee, or other person for any portion of the money, property, or services requested or demanded. See Montana Code 17-8-402

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• 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:
• Donor: The person who makes a gift.
• 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}
• Government attorney: means the attorney general except for complaints involving a unit of the university system. See Montana Code 17-8-402
• Government entity: means the state and political subdivisions, including but not limited to:

  (a)political subdivisions as defined in 2-9-101(5);

  (b)the legislature, legislative committees, and legislators acting in their official capacity; and

  (c)employees of the state or a political subdivision. See Montana Code 2-9-901

• Governmental entity: means :

  (a)the state;

  (b)a city, town, county, school district, tax or assessment district, or other political subdivision of the state; or

  (c)a unit of the Montana university system. See Montana Code 17-8-402

• Health care provider: means a health care professional, whether the health care professional works for a health care provider or a government health care provider, health care facility, home health care facility, assisted living facility, or any other person or facility otherwise authorized or permitted by any federal or state statute, regulation, order, or public health guidance to administer health care services or treatment. See Montana Code 2-9-901
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Knowingly: means that a person, with respect to information, does any of the following:

  (i)has actual knowledge of the information;

  (ii)acts in deliberate ignorance of the truth or falsity of the information; or

  (iii)acts in reckless disregard of the truth or falsity of the information. See Montana Code 17-8-402

• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Material: means having a natural tendency to influence or be capable of influencing the payment or receipt of money, property, or services. See Montana Code 17-8-402
• 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.
• Obligation: means an established duty, whether fixed or not, arising from:

  (a)an express or implied contractual, grantor-grantee, or licensor-licensee relationship;

  (b)a fee-based or similar relationship;

  (c)a statute or regulation; or

  (d)the retention of any overpayment. See Montana Code 17-8-402

• Person: means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, government entity, or any other legal or commercial entity. See Montana Code 2-9-901
• Person: includes any natural person, corporation, firm, association, organization, partnership, limited liability company, business, trust, or other legal or business entity. See Montana Code 17-8-402
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Premises: includes any real property and any appurtenant building or structure, as well as any other location, vehicle, or place serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose. See Montana Code 2-9-901
• 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 health guidance: includes guidance related to covid-19 issued by the following:

  (a)the centers for disease control and prevention of the United States department of health and human services;

  (b)the centers for medicare and medicaid services of the United States department of health and human services;

  (c)the federal occupational safety and health administration;

  (d)the office of the governor;

  (e)a state agency, including the Montana department of public health and human services; or

  (f)a local government, including a local government health department or local government board of health. See Montana Code 2-9-901

• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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.
• Several: means two or more. See Montana Code 1-1-201
• State: means the state of Montana. See Montana Code 17-8-402
• subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203