Terms Used In Montana Code > Title 7 > Chapter 14 - Transportation

• 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
• 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.
• 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.
• Amortization: Paying off a loan by regular installments.
• 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.
• Appraisal: A determination of property value.
• asbestos-related claim: means an action brought for the recovery of monetary damages for personal injury, wrongful death, loss or consortium, or other injury arising out of an asbestos-related disease that is alleged to result from the mining of vermiculite, the processing of vermiculite, or the transfer, storage, installation, or removal of a product containing vermiculite. See Montana Code 3-20-101
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority: means a rail authority as provided in this part. See Montana Code 7-14-1601
• Bequest: Property gifted by will.
• board: means the board of county commissioners. See Montana Code 7-14-2401
• Board: means a board of county commissioners. See Montana Code 7-14-1601
• Board: means the board of transportation of any district created under this part. See Montana Code 7-14-202
• Center: means the state census and economic information center established in 90-1-109. See Montana Code 5-1-201
• 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.
• Commissioners: means the board of county commissioners or other governing body of a county. See Montana Code 7-14-202
• Common carrier: means a railroad engaged in transportation for hire. See Montana Code 7-14-1601
• 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.
• Customary: means according to usage. See Montana Code 1-1-206
• 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.
• Department: means the department of corrections established in 2-15-2301. See Montana Code 5-1-201
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Directors: means the directors of the rail authority. See Montana Code 7-14-1601
• District: means any transportation district created under this part. See Montana Code 7-14-202
• Ex officio: Literally, by virtue of one's office.
• 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.
• Federal correctional facility: means a prison or correctional facility owned by or contracting with the United States government to incarcerate individuals convicted of a criminal offense. See Montana Code 5-1-201
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Juror: A person who is on the jury.
• Last known address: means an individual's last known complete street or physical address prior to the individual's incarceration. See Montana Code 5-1-201
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local government district: means a district based on population that is maintained by a local government primarily for election purposes and that must be substantially equal in population under the 14th amendment to the United States constitution. See Montana Code 5-1-201
• 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.
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Personal property: All property that is not real property.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• 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.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• 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 prison: means a facility listed in 53-30-101(1), (2), or (4). See Montana Code 5-1-201
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Usual: means according to usage. See Montana Code 1-1-206
• vacation: means cessation of the use of a right-of-way or easement or of activity on a right-of-way or easement with no intention to reclaim or use it again;

  (b)"board" means the board of county commissioners. See Montana Code 7-14-2601

• 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