Terms Used In Montana Code > Title 17 > Chapter 8 > Part 4 - False Claims

• 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}
• 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.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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:
• 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.
• Government attorney: means the attorney general except for complaints involving a unit of the university system. See Montana Code 17-8-402
• 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

• 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

• 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.
• 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: 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.
• Property: means real and personal property. See Montana Code 1-1-205
• 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.
• 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.
• Several: means two or more. See Montana Code 1-1-201
• State: means the state of Montana. See Montana Code 17-8-402
• Statute: A law passed by a legislature.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204