Terms Used In Montana Code > Title 2 > Chapter 1 > Part 4 - Federal Mandates Act

• Account: means the Montana military family relief fund account established in 10-1-1303. See Montana Code 10-1-1304
• Active duty: means at least 14 consecutive days of full-time state military duty, as defined in 10-1-1003, or full-time national guard duty, as defined in 32 U. See Montana Code 10-1-902
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• 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.
• 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
• 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}
• Capital offense: A crime punishable by death.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contingency operation: means an assignment within the provisions of 10 U. See Montana Code 10-1-1304
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Department: means the department of labor and industry established in 2-15-1701. See Montana Code 10-1-1003
• Dependent: A person dependent for support upon another.
• Dependent: means the spouse or minor child of a service member or any other person legally dependent on the service member for support. See Montana Code 10-1-902
• Donor: The person who makes a gift.
• Elected official: means an official duly elected or appointed to any state or local judicial, legislative, or executive elective office of the state, a district, or a political subdivision of the state, including a school district or any other local district. See Montana Code 10-1-1003
• Employer: means any public or private person or entity providing employment in Montana. See Montana Code 10-1-1003
• Family member: means a person who has been approved as a dependent of a member and is enrolled as a dependent of the member in the defense enrollment eligibility reporting system of the United States department of defense. See Montana Code 10-1-1304
• Federal statute: means a federal statute that is in accord with the United States constitution and that imposes mandates on state or local governments. See Montana Code 2-1-403
• Federally funded military duty: means duty, whether voluntary or involuntary, including training, performed pursuant to orders issued under Title 10 or Title 32 of the United States Code and the time period, if any, required pursuant to a licensed physician's certification to recover from an illness or injury incurred while performing the duty. See Montana Code 10-1-1003
• Fund: means the Montana military family relief fund established in 10-1-1302. See Montana Code 10-1-1304
• Intestate: Dying without leaving a will.
• 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.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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}
• Legislative council: means the statutory committee established in 5-11-101. See Montana Code 2-1-403
• Member: means a member of the state's organized militia provided for in 10-1-103 or a member of the national guard of another state. See Montana Code 10-1-1003
• Member: means :

  (a)a member of the Montana army national guard;

  (b)a member of the Montana air national guard; or

  (c)a Montana resident who is a member of the reserve component, as defined in 38 U. See Montana Code 10-1-1304

• Military service: means active duty with a Montana army or air national guard military unit. See Montana Code 10-1-902
• Military service: includes both federally funded military duty and state military duty, whether voluntary or involuntary. See Montana Code 10-1-1003
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• Permanent duty station: means a service member's official permanent workplace as depicted in the member's written military order. See Montana Code 10-1-902
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Service member: means any member of the Montana army or air national guard serving on active duty. See Montana Code 10-1-902
• 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 military duty: means duty, whether voluntary or involuntary, performed by a member pursuant to Article VI, section 13, of the Montana constitution, the authority of the governor of any other state, or 10-1-505 and the time period, if any, required pursuant to a licensed physician's certification to recover from an illness or injury incurred while performing the state military duty. See Montana Code 10-1-1003
• Statute: A law passed by a legislature.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Venue: The geographical location in which a case is tried.
• 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