Terms Used In Montana Code > Title 80 > Chapter 10 > Part 3 - Enforcement

• 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.
• Commercial fertilizer: includes any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, yield, or quality of the crop. See Montana Code 80-10-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Licensee: means a person licensed under 80-10-202. See Montana Code 80-10-101
• Manufacturer: means a person who manufactures commercial fertilizer or soil amendments. See Montana Code 80-10-101
• Person: means an individual, partnership, association, firm, or corporation. See Montana Code 80-10-101
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Registrant: means the person who registers a commercial fertilizer or a soil amendment. See Montana Code 80-10-101
• Soil amendment: means any substance that is intended to improve the physical or chemical characteristics of soil. See Montana Code 80-10-101
• 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
• Supplier: means a person who distributes fertilizers or soil amendments into Montana. See Montana Code 80-10-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Writing: includes printing. See Montana Code 1-1-203