Terms Used In Montana Code > Title 3 > Chapter 15 - Juries and Jurors

• 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.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-15-102
• 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.
• Apprentice: means a person who is working under the supervision of a licensed direct-entry midwife and is seeking licensure as a direct-entry midwife under this chapter. See Montana Code 37-27-103
• Approved naturopathic medical college: means a college and program granting the degree of doctor of naturopathy or naturopathic medicine that:

  (a)is accredited by the council on naturopathic medical education or another accrediting agency recognized by the United States department of education;

  (b)has the status of candidate for accreditation with the accrediting agency; or

  (c)has been approved by the board after an investigation that determines that the college or program meets education standards equivalent to those established by the accrediting agency and complies with the board's rules, which must require as a minimum a 4-year, full-time resident program of academic and clinical study. See Montana Code 37-26-103

• Athlete: means a person who participates in an athletic activity that involves exercises, sports, or games requiring physical strength, agility, flexibility, range of motion, speed, or stamina and the exercises, sports, or games are of the type conducted in association with an educational institution or a professional, amateur, or recreational sports club or organization. See Montana Code 37-36-101
• Athletic trainer: means an individual who is licensed to practice athletic training. See Montana Code 37-36-101
• Athletic training: means the practice of prevention, recognition, assessment, management, treatment, disposition, and reconditioning of athletic injuries. See Montana Code 37-36-101
• 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}
• Board: means the board of occupational therapy practice established by 2-15-1749. See Montana Code 37-24-103
• Board: means the alternative health care board established in 2-15-1730. See Montana Code 37-26-103
• Board: means the alternative health care board established in 2-15-1730. See Montana Code 37-27-103
• Board: means the board of respiratory care practitioners established in 2-15-1750. See Montana Code 37-28-102
• Board: means the state board of dentistry provided for in 2-15-1732. See Montana Code 37-29-102
• Board: means the board of massage therapy provided for in 2-15-1782. See Montana Code 37-33-403
• Board: means the board of clinical laboratory science practitioners established in 2-15-1753. See Montana Code 37-34-103
• Board: means the board of athletic trainers provided for in 2-15-1771. See Montana Code 37-36-101
• Certified occupational therapy assistant: means a person licensed to assist in the practice of occupational therapy under this chapter, who works under the general supervision of an occupational therapist in accordance with the provisions of the national board for certification in occupational therapy, inc. See Montana Code 37-24-103
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Clinical laboratory science practitioner: means a health care professional who performs clinical laboratory tests or who is engaged in management, education, consulting, or research in clinical laboratory science. See Montana Code 37-34-103
• Clinical laboratory scientist: means a person who:

  (a)performs clinical laboratory tests pursuant to established and approved protocols requiring the exercise of independent judgment and responsibility;

  (b)maintains equipment and records;

  (c)performs quality assurance activities related to test performance; and

  (d)may supervise and teach within a clinical laboratory setting. See Montana Code 37-34-103

• Clinical laboratory specialist: means a person who:

  (a)performs laboratory testing in a specialized testing area, such as microbiology, chemistry, immunology, or hematology, according to approved protocols requiring the exercise of independent judgment and responsibility;

  (b)maintains equipment and records;

  (c)performs quality assurance activities related to test performance; and

  (d)may supervise and teach within the specific area of the clinical laboratory. See Montana Code 37-34-103

• Clinical laboratory technician: means a person who performs laboratory tests pursuant to established and approved protocols that require limited exercise of independent judgment and that are performed under the supervision of a clinical laboratory scientist, laboratory supervisor, or laboratory director. See Montana Code 37-34-103
• Communication technology: means a real-time, two-way audiovisual electronic device or process that:

  (a)allows a notarial officer located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound;

  (b)facilitates communication with a remotely located individual with a vision, hearing, or speech impairment when necessary under and consistent with applicable law; and

  (c)complies with this part and implementing rules. See Montana Code 1-5-602

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuous care: means care provided for one person from the initial history-taking interview through monthly prenatal, intrapartum, and postpartum periods. See Montana Code 37-27-103
• 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.
• 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.
• Denture: means any removable full or partial upper or lower prosthetic dental appliance to be worn in the mouth. See Montana Code 37-29-102
• Denturist: means a person licensed under this chapter to engage in the practice of denturitry. See Montana Code 37-29-102
• Department: means a principal functional and administrative entity that:

  (a)is created by this chapter within the executive branch of state government;

  (b)is one of the 20 principal departments permitted under the constitution; and

  (c)includes its units. See Montana Code 2-15-102

• Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 37-24-103
• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-26-103
• Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 37-29-102
• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-33-403
• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-34-103
• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-36-101
• Dependent: A person dependent for support upon another.
• Direct-entry midwife: means a person who advises, attends, or assists a woman during pregnancy, labor, natural childbirth, or the postpartum period. See Montana Code 37-27-103
• Director: means a department head specifically referred to as a director in this chapter and does not mean a commission, board, commissioner, or constitutional officer. See Montana Code 2-15-102
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 1-5-602
• Electronic notarization system: means a set of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations that renders every electronic notarial act tamper-evident through the use of a security procedure and that meets the requirements of this part and implementing rules. See Montana Code 1-5-602
• 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.
• Ex officio: Literally, by virtue of one's office.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• Homeopathic preparations: means substances and drugs prepared according to the official Homeopathic Pharmacopoeia of the United States, which is the standard homeopathic text recognized by the United States food and drug administration. See Montana Code 37-26-103
• Identification credential: means a government-issued record evidencing an individual's identity. See Montana Code 1-5-602
• 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.
• Jurisprudence: The study of law and the structure of the legal system.
• Juror: A person who is on the jury.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• laboratory: means any facility or office in which clinical laboratory tests are performed. See Montana Code 37-34-103
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means the clinical laboratory science license issued under this chapter. See Montana Code 37-34-103
• Licensee: means a person authorized by this chapter to practice direct-entry midwifery. See Montana Code 37-27-103
• Licensee: means an individual licensed under this chapter. See Montana Code 37-36-101
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Minor surgery: means the use of:

  (i)operative, electrical, or other methods for the surgical repair and care incidental to superficial lacerations and abrasions, superficial lesions, and the removal of foreign bodies located in the superficial tissues; and

  (ii)antiseptics and local anesthetics in connection with the methods. See Montana Code 37-26-103

• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Naturopathic childbirth attendance: means the specialty practice of natural childbirth by naturopathic physicians that includes the use of therapeutic substances, ophthalmic antibiotics, oxytocin (pitocin), and minor surgery, as set by board rules. See Montana Code 37-26-103
• Naturopathic physical applications: means the therapeutic use by naturopathic physicians of the actions or devices of electrical muscle stimulation, galvanic, diathermy, ultrasound, ultraviolet light, constitutional hydrotherapy, and naturopathic manipulative therapy. See Montana Code 37-26-103
• Naturopathic physician: means a person authorized and licensed to practice naturopathic health care under this chapter. See Montana Code 37-26-103
• naturopathy: means a system of primary health care practiced by naturopathic physicians for the prevention, diagnosis, and treatment of human health conditions, injury, and disease. See Montana Code 37-26-103
• Notarial act: means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. See Montana Code 1-5-602
• Notarial officer: means a notary public or other individual authorized to perform notarial acts. See Montana Code 1-5-602
• notary: means an individual commissioned to perform a notarial act by the secretary of state. See Montana Code 1-5-602
• 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.
• Occupational therapist: means a person licensed to practice occupational therapy under this chapter. See Montana Code 37-24-103
• Occupational therapy: means the therapeutic use of purposeful goal-directed activities and interventions to achieve functional outcomes to maximize the independence and the maintenance of health of an individual who is limited by disease or disorders, impairments, activity limitations, or participation restrictions that interfere with the individual's ability to function independently in daily life roles. See Montana Code 37-24-103
• Occupational therapy aide: means a person who assists in the practice of occupational therapy under the direct supervision of an occupational therapist or occupational therapy assistant and whose activities require an understanding of occupational therapy but do not require professional or advanced training in the basic anatomical, biological, psychological, and social sciences involved in the practice of occupational therapy. See Montana Code 37-24-103
• Occupational therapy assistant: means a person who is licensed to assist in the practice of occupational therapy under this chapter and who works under the general supervision of an occupational therapist. See Montana Code 37-24-103
• Official stamp: means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record. See Montana Code 1-5-602
• 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.
• Person: means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Montana Code 1-5-602
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Physical agent modalities: means those modalities that produce a response in soft tissue through the use of light, water, temperature, sound, or electricity. See Montana Code 37-24-103
• 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.
• Postpartum period: means the period up to 6 weeks following birth. See Montana Code 37-27-103
• Practice of clinical laboratory science: means the performance and interpretation of microbiological, serological, chemical, hematological, radiobioassay, cytological, biophysical, immunological, cytogenetical, or other examination on material that is derived from the human body and that provides information for the assessment of a medical condition or for the diagnosis, prevention, or treatment of a disease. See Montana Code 37-34-103
• Practice of denturitry: means :

  (a)the making, fitting, constructing, altering, reproducing, or repairing of a denture and furnishing or supplying of a denture directly to a person or advising the use of a denture; or

  (b)the taking or making or the giving of advice, assistance, or facilities respecting the taking or making of any impression, bite, cast, or design preparatory to or for the purpose of making, constructing, fitting, furnishing, supplying, altering, repairing, or reproducing a denture. See Montana Code 37-29-102

• Practice of direct-entry midwifery: means the advising, attending, or assisting of a woman during pregnancy, labor, natural childbirth, or the postpartum period. See Montana Code 37-27-103
• 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.
• Principal: means :

  (a)an individual whose signature is notarized; or

  (b)an individual taking an oath or affirmation from the notary public but not in the capacity of a credible or other witness for the notarial act. See Montana Code 1-5-602

• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Purposeful goal-directed activity: means an activity in which the individual is an active, voluntary participant and is directed toward a goal that the individual considers meaningful. See Montana Code 37-24-103
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 1-5-602
• 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.
• Respiratory care: means the care provided by a member of the allied health profession responsible for the treatment, management, diagnostic testing, and control of patients with deficiencies and abnormalities associated with the cardiopulmonary system. See Montana Code 37-28-102
• Respiratory care practitioner: means a person who has the knowledge and skill necessary to administer respiratory care and who is licensed under the provisions of part 2 of this chapter. See Montana Code 37-28-102
• 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.
• Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See Montana Code 1-5-602
• Sole control: means at all times being in the direct physical custody of the notarial officer or safeguarded by the notarial officer with a password or other secure means of authentication or access. See Montana Code 1-5-602
• Stamping device: means :

  (a)a physical device capable of affixing to or embossing on a tangible record an official stamp; or

  (b)an electronic device or process capable of attaching to or logically associating an official stamp with an electronic record. See Montana Code 1-5-602

• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 1-5-602
• 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
• Statute: A law passed by a legislature.
• Student respiratory care practitioner: means a person:

  (a)enrolled in a respiratory care educational program recognized by the joint review committee for respiratory therapy education and the American medical association's committee on allied health education and accreditation, or their successors;

  (b)permitted to provide respiratory care under clinical supervision; and

  (c)identified as a student respiratory care practitioner or "SRCP". See Montana Code 37-28-102

• Tamper-evident: means that any change to a record must provide evidence of the change. See Montana Code 1-5-602
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Topical medications: means medications applied locally to the skin and includes only medications listed in 37-24-108(2) for which a prescription is required under state or federal law. See Montana Code 37-24-103
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Unit: means an internal subdivision of an agency, created by law or by administrative action, including a division, bureau, section, or department, and an agency allocated to a department for administrative purposes only by this chapter. See Montana Code 2-15-102
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Usual: means according to usage. See Montana Code 1-1-206
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• 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