Terms Used In Montana Code > Title 3 > Chapter 7 - Water Courts

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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
• Allegation: something that someone says happened.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Board: means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121. See Montana Code 37-1-130
• Board: means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121. See Montana Code 37-1-302
• Board action: means a policy, rule, or other action taken by a board subject to subsection (1)(d). See Montana Code 37-1-121
• Collaborative pharmacy practice agreement: has the meaning provided in 37-7-101. See Montana Code 37-2-101
• Commissioner: means the commissioner of labor and industry unless otherwise specified. See Montana Code 37-1-121
• Community pharmacy: when used in relation to a medical practitioner, means a pharmacy situated within 10 miles of any place at which the medical practitioner maintains an office for professional practice. See Montana Code 37-2-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: means a written allegation filed with a board that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant. See Montana Code 37-1-302
• Complaint: means a written allegation filed with the department that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant. See Montana Code 37-1-401
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: has the meaning provided in 37-7-101. See Montana Code 37-2-101
• 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.
• Data: means any information stored on information technology resources. See Montana Code 2-15-102
• Data: means written reports, notes, or records or oral reports or proceedings created by or at the request of a quality assurance committee that may be shared with a medical practitioner, including the medical practitioner being reviewed, and that are used exclusively in connection with quality assessment or improvement activities, including but not limited to the professional training, supervision, or discipline of a medical practitioner by a medical practice group. See Montana Code 37-2-401
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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 established in 2-15-1701. See Montana Code 37-1-130
• Department: means the department of labor and industry. See Montana Code 37-1-302
• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-1-401
• Department head: means a director, commission, board, commissioner, or constitutional officer in charge of a department created by this chapter. See Montana Code 2-15-102
• Department program: means a program administered by the department pursuant to this title and not affiliated with a board. See Montana Code 37-1-130
• Dependent: A person dependent for support upon another.
• 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:
• Dispense: has the meaning provided in 37-7-101. See Montana Code 37-2-101
• Drug: has the meaning provided in 37-7-101. See Montana Code 37-2-101
• Drug company: means any person engaged in the manufacturing, processing, packaging, or distribution of drugs. See Montana Code 37-2-101
• 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.
• Executive branch: means the executive branch of state government referred to in Article III, section 1, and Article VI of the Montana constitution. See Montana Code 2-15-102
• Executor: A male person named in a will to carry out the decedent
• Expired license: means a license that is not reactivated within the period of 46 days to 2 years after the renewal date for the license. See Montana Code 37-1-130
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• Function: means a duty, power, or program, exercised by or assigned to an agency, whether or not specifically provided for by law. See Montana Code 2-15-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Health care facility: has the meaning provided in 50-5-101. See Montana Code 37-2-401
• Health care provider: means an individual licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 37-2-502
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Information technology resources: means hardware, software, and associated services and infrastructure used to store or transmit information in any form, including voice, video, and electronic data. See Montana Code 2-15-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Investigation: means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a written complaint or other information before a board, that is carried out for the purpose of determining:

  (a)whether a person has violated a provision of law justifying discipline against the person;

  (b)the status of compliance with a stipulation or order of the board;

  (c)whether a license should be granted, denied, or conditionally issued; or

  (d)whether a board should seek an injunction. See Montana Code 37-1-302

• Investigation: means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a complaint or other information before the department, that is carried out for the purpose of determining:

  (a)whether a person has violated a provision of law justifying discipline against the person;

  (b)the status of compliance with a stipulation or order of the department;

  (c)whether a license should be granted, denied, or conditionally issued; or

  (d)whether the department should seek an injunction. See Montana Code 37-1-401

• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• 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.
• 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
• Labeling: means any written material that accompanies, supplements, or explains a product. See Montana Code 37-2-502
• Lapsed license: means a license that is not renewed by the renewal date and that may be reactivated within the first 45-day period after the renewal date for the license. See Montana Code 37-1-130
• 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 session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration. See Montana Code 37-1-130
• License: means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration. See Montana Code 37-1-302
• License: means permission in the form of a license, permit, endorsement, certificate, recognition, or registration granted by the state of Montana to engage in a business activity or practice at a specific level in a profession or occupation governed by:

  (a)Title 37, chapter 2, part 6;

  (b)Title 37, chapter 16, 40, 56, 60, 72, or 73; or

  (c)Title 50, chapter 39, 74, or 76. See Montana Code 37-1-401

• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Medical practice group: means a group of two or more medical practitioners practicing medicine in a professional corporation, professional limited liability company, partnership, sole proprietorship, or associations of these entities. See Montana Code 37-2-401
• Medical practitioner: means any person licensed by the state of Montana to engage in:

  (a)the practice of medicine, dentistry, osteopathy, podiatry, or optometry;

  (b)the practice of pharmacy and authorized to:

  (i)prescribe immunizations pursuant to 37-7-105; or

  (ii)prescribe drugs pursuant to 37-7-106 or in accordance with a collaborative pharmacy practice agreement; or

  (c)a nursing specialty as described in 37-8-202 and in the licensed practice to administer or prescribe drugs. See Montana Code 37-2-101

• Medical practitioner: means an individual licensed by the state of Montana to engage in the practice of medicine, osteopathy, podiatry, optometry, or a nursing specialty described in 37-8-202 or licensed as a physician assistant pursuant to 37-20-203. See Montana Code 37-2-401
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Naturopathic physician: means a person licensed under Title 37, chapter 26, to practice naturopathic health care. See Montana Code 37-2-101
• 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.
• occupation: means a profession or occupation regulated by a board. See Montana Code 37-1-302
• occupation: means a profession or occupation regulated by the department under the provisions of:

  (a)Title 37, chapter 2, part 6;

  (b)Title 37, chapter 16, 40, 49, 56, 60, 72, or 73; or

  (c)Title 50, chapter 39, 74, or 76. See Montana Code 37-1-401

• occurrence report: means the written business record of a medical practice group that:

  (i)may be but is not required to be created by the staff involved in response to an untoward event, including but not limited to a patient injury, adverse outcome, or interventional error, for the purpose of ensuring a prompt evaluation of the event; and

  (ii)is a factual rendition of the event. See Montana Code 37-2-401

• Off-label use: means any use of a prescription drug, biologic, approved medical device, or dietary supplement approved by the United States food and drug administration in a manner not specified in the labeling or indications for the product if the product is used for medical purposes. See Montana Code 37-2-502
• Opioid: has the meaning of "opiate" provided in 50-32-101. See Montana Code 37-2-101
• Opioid-naive patient: means a patient who has not been prescribed a drug containing an opioid in the 90 days prior to the acute event or surgery for which an opioid is prescribed. See Montana Code 37-2-101
• 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 any individual and any partnership, firm, corporation, association, or other business entity. See Montana Code 37-2-101
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Pharmacy: has the meaning provided in 37-7-101. See Montana Code 37-2-101
• 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.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Punish: means the imposition of any penalty, sanction, or disciplinary action to discourage the exercise of the right to freedom of speech under this part. See Montana Code 37-2-502
• Quality assurance committee: means a duly appointed committee within a medical practice group that administers a quality assurance program and may be called by another name within the medical practice group, including but not limited to a utilization review, peer review, medical ethics review, professional standards review, quality assurance, or quality improvement committee. See Montana Code 37-2-401
• Quality assurance program: means a comprehensive, ongoing system of mechanisms established by a medical practice group for monitoring and evaluating the quality and appropriateness of the care provided to patients in order to:

  (a)identify and take steps to correct any significant problems and trends in the delivery of care; and

  (b)take advantage of opportunities to improve care. See Montana Code 37-2-401

• Quorum: The number of legislators that must be present to do business.
• Records: means records of interviews, internal reviews and investigations, and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the activities of a quality assurance program. See Montana Code 37-2-401
• 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.
• Service of process: The service of writs or summonses to the appropriate party.
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• State: means the state of Montana or any political subdivision of the state. See Montana Code 37-2-101
• 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.
• Subpoena: A command to a witness to appear and give testimony.
• Terminated license: means a license that is not renewed or reactivated within 2 years of the license lapsing. See Montana Code 37-1-130
• Testify: Answer questions in court.
• Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trustee: A person or institution holding and administering property in trust.
• 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
• Unprofessional conduct: has the meaning provided in 37-1-316. See Montana Code 37-2-502
• Usual: means according to usage. 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