Terms Used In Montana Code > Title 2 > Chapter 11 - Legal Authority for Government Action

• Alternative project delivery contract: means a construction management contract, a general contractor construction management contract, a design-build contract, or a comprehensive agreement. See Montana Code 18-2-501
• 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
• Bequest: Property gifted by will.
• Best value: means a procurement in which the decision is based on the primary objective of meeting the specific goals and best interests of the state agency or governing body, including but not limited to qualifications, technical, design, pricing, financing viability, and schedule. See Montana Code 18-2-501
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comprehensive agreement: means an agreement setting forth the firm fixed price, duration, risk transfer, and all other commercial and technical terms to be adhered to with respect to an awarded eligible project utilizing innovative financing delivery with a private party. See Montana Code 18-2-501
• Construction management contract: means a contract in which the contractor acts as the public owner's construction manager and provides leadership and administration for the project, from planning and design, in cooperation with the designers and the project owners, to project startup and construction completion. See Montana Code 18-2-501
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: has the meaning provided in 18-4-123. See Montana Code 18-2-501
• 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.
• Design-build contract: means a contract in which the designer-builder assumes the responsibility and the risk for architectural or engineering design and construction delivery under a single contract with the owner. See Montana Code 18-2-501
• Eligible project: means any asset owned by a state agency or governing body, except for toll roads, toll bridges, and any broadband infrastructure projects. See Montana Code 18-2-501
• 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}
• 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.
• Governing body: means :

  (a)the legislative authority of:

  (i)a municipality, county, or consolidated city-county established pursuant to Title 7, chapter 1, 2, or 3;

  (ii)a school district established pursuant to Title 20; or

  (iii)an airport authority established pursuant to Title 67, chapter 11;

  (b)the board of directors of a county water or sewer district established pursuant to Title 7, chapter 13, parts 22 and 23; or

  (c)the trustees of a fire district established pursuant to Title 7, chapter 33, or the county commissioners or trustees of a fire service area established pursuant to 7-33-2401. See Montana Code 18-2-501

• Government act: means the denial or issuance with conditions of a permit, certificate, license, or the equivalent of a permit, certificate, or license issued by a government entity. See Montana Code 2-11-103
• Government entity: means a state agency or a local government unit. See Montana Code 2-11-103
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Innovative financing delivery: means a project delivery method whereby a state agency or a governing body procures an eligible project that includes private financing and any combination of design, build, operate, or maintain with a private party. See Montana Code 18-2-501
• Judicial officer: includes all judicial officers, justices, district court judges, and judges of the judicial branch of state government. See Montana Code 2-2-102
• 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}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means a county, a consolidated government, an incorporated city or town, a school district, or a special district. See Montana Code 2-2-102
• Local government unit: means a city, county, town, unincorporated municipality or village, or special taxing unit or district and any commission, board, bureau, or other office of the unit. See Montana Code 2-11-103
• 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 a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Project: means any construction or any improvement of the land, a building, or another improvement that is suitable for use as a state or local governmental facility. See Montana Code 18-2-501
• Property: means real and personal property. See Montana Code 1-1-205
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Publish: means publication of notice as provided for in 7-1-2121, 7-1-4127, and 20-9-204 or the provision of public notice pursuant to 18-2-301. See Montana Code 18-2-501
• 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).
• Request for proposals: means the final solicitation document requesting detailed proposals from short-listed, qualified proposers for evaluation and selection. See Montana Code 18-2-501
• Rule: has the meaning provided in 2-4-102. See Montana Code 2-11-103
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• State agency: has the meaning provided in 2-4-102(2)(a). See Montana Code 2-11-103
• State agency: has the meaning provided in 2-2-102, except that the department of transportation, provided for in 2-15-2501, is not considered a state agency. See Montana Code 18-2-501
• statement: means the statement required by 2-11-104. See Montana Code 2-11-103
• Statute: A law passed by a legislature.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
• 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
• Writing: includes printing. See Montana Code 1-1-203