Terms Used In New Hampshire Revised Statutes > Chapter 556 - Suits by and Against Administrators

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Basal area: means the cross sectional area of a tree measured at a height of 4
  1/2 feet above the ground, usually expressed in square feet per acre for a stand of trees. See New Hampshire Revised Statutes 227-G:2
• 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}
• Bequest: Property gifted by will.
• biennially: when applied to meetings and elections in towns, shall mean the biennial meetings and elections required by law to be holden in the month of November biennially, dating from the commencement of biennial elections in 1878; and the word "annual" when applied to meetings and elections in towns, shall mean the annual meetings and elections required by law to be holden in the month of March. See New Hampshire Revised Statutes 21:7
• Board: means the passenger tramway safety board. See New Hampshire Revised Statutes 225-A:2
• Commission: shall mean the Mount Washington Commission;
  II. See New Hampshire Revised Statutes 227-B:2
• Commissioner: means the commissioner of the department of natural and cultural resources or his designee. See New Hampshire Revised Statutes 227-C:1
• Commissioner: means the commissioner of the department of natural and cultural resources. See New Hampshire Revised Statutes 227-G:2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• 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.
• Contract: A legal written agreement that becomes binding when signed.
• Conveyor: means a class of outdoor transportation wherein skiers or passengers are transported uphill on a flexible moving element such as a conveyor belt. See New Hampshire Revised Statutes 225-A:2
• 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.
• Council: means the state historical resources council. See New Hampshire Revised Statutes 227-C:1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• 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 safety. See New Hampshire Revised Statutes 225-A:2
• Department: means the department of natural and cultural resources. See New Hampshire Revised Statutes 227-C:1
• Department: means the department of natural and cultural resources. See New Hampshire Revised Statutes 227-G:2
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Director: means the director of the division of forests and lands, department of natural and cultural resources, also known as the state forester. See New Hampshire Revised Statutes 227-G:2
• 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:
• Division: means the division of forests and lands, department of natural and cultural resources. See New Hampshire Revised Statutes 227-G:2
• Donor: The person who makes a gift.
• 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.
• Executor: A male person named in a will to carry out the decedent
• 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.
• farm: means any land, buildings, or structures on or in which agriculture and farming operations or activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land. See New Hampshire Revised Statutes 21:34-a
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Field investigation: means the search for, identification of, and evaluation of historic resources, and the study of the traces of human culture at any land or underwater historic property, by means of inspection, surveying, digging, excavating, or removing surface or subsurface objects, or going onto a site with that intent. See New Hampshire Revised Statutes 227-C:1
• 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.
• following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
• Forest benefits: include , but are not limited to, forest products, a viable forest-based economy, recreation opportunities, scenic values, healthful surroundings, climate mitigation, clean water, and biologically diverse populations of plants and animals. See New Hampshire Revised Statutes 227-G:2
• Forest management: means the application of scientific and economic principles to conserve forest resources and obtain forest benefits. See New Hampshire Revised Statutes 227-G:2
• Forest resources: include , but are not limited to, soil, air, and water and the full range of plants, animals, and other organisms. See New Hampshire Revised Statutes 227-G:2
• Forestland: means all lands in this state, except those owned and managed by the United States of America, which by reason of their location and character of soil have the capacity to grow trees and the continuance of which under forest cover is of substantial importance to the public interest. See New Hampshire Revised Statutes 227-G:2
• Forestry: means the science of silviculture and the practice and art of managing and using for human benefit forestlands and the natural resources that occur in association with forestlands, including trees, other plants, animals, soil, water, and related air and climate. See New Hampshire Revised Statutes 227-G:2
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
• governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
• 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.
• Historic preservation: means the research, excavation, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archeology, or culture of this state, its communities, or the nation. See New Hampshire Revised Statutes 227-C:1
• Historic property: means any building, structure, object, district, area or site that is significant in the history, architecture, archeology or culture of this state, its communities, or the nation. See New Hampshire Revised Statutes 227-C:1
• Historic resource: means :
  (a) Any historic property which has been listed in the New Hampshire state register of historic places or has been determined eligible for the New Hampshire state register of historic places by the division of historical resources or which has been listed in the National Register of Historic Places or has been determined by the keeper of the register to be eligible for the National Register using the criteria for evaluation in 36 C. See New Hampshire Revised Statutes 227-C:1
• Human remains: or "remains" means any part of the body of deceased human being in any stage of decomposition, together with any artifacts or other materials known or reliably assumed to have been on or interred with the deceased human being. See New Hampshire Revised Statutes 227-C:1
• Industry: means the activities of all those persons in the state who own or control the operation of ski areas. See New Hampshire Revised Statutes 225-A:2
• 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.
• justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Market value: means stumpage value as determined in the same manner as other property values for the purposes of taxation at the time the timber is cut. See New Hampshire Revised Statutes 227-G:2
• month: shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" shall be equivalent to the expression "year of our Lord. See New Hampshire Revised Statutes 21:8
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Nordic ski jump: means a facility constructed for the purpose of nordic ski jumping and built in accordance with appropriate standards and guidelines, and any facilities that are associated with the use or viewing of such a facility. See New Hampshire Revised Statutes 225-A:2
• 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.
• Office: means the state historic preservation office, also known as the division of historical resources, department of natural and cultural resources. See New Hampshire Revised Statutes 227-C:1
• operator: shall include the state or any political subdivision. See New Hampshire Revised Statutes 225-A:2
• 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.
• Passenger: means any person, including skiers, while being transported or conveyed by a passenger tramway, or while waiting in the immediate vicinity for such transportation or conveyance, or while moving away from the disembarkation or unloading point of a passenger tramway to clear the way for the following passengers, or while in the act of boarding or embarking upon or disembarking from a passenger tramway. See New Hampshire Revised Statutes 225-A:2
• Passenger tramway: means a device used to transport passengers uphill on skis or other winter sports devices, or in cars on tracks or suspended in the air, by the use of steel cables, chains or belts or by ropes, and usually supported by trestles or towers with one or more spans. See New Hampshire Revised Statutes 225-A:2
• person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
• Personal property: All property that is not real property.
• petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
• petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
• 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.
• 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.
• Primary wood processing mill: means any permanent or portable mill, or any off-site log yard operated by a primary wood processing mill, wherever located, sawing or otherwise processing logs, bolts, pulpwood, or other primary forest products into secondary forest products. See New Hampshire Revised Statutes 227-G:2
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• 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.
• Quarantine: means a legal restriction duly imposed or enacted as a means for preventing or delaying the spread of a forest pest. See New Hampshire Revised Statutes 227-G:2
• Quorum: The number of legislators that must be present to do business.
• real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
• 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.
• remains: means any part of the body of deceased human being in any stage of decomposition, together with any artifacts or other materials known or reliably assumed to have been on or interred with the deceased human being. See New Hampshire Revised Statutes 227-C:1
• Reservation: means public land under the jurisdiction of the department including, but not limited to: state forest, state park, natural area, historic site, geological site, recreation trail, memorial area, fire tower, wayside area, heritage park, resource center, agricultural area, state forest nursery, fish pier, administrative facility, information center, demonstration forest, certain islands, and lands under lease to the department. See New Hampshire Revised Statutes 227-G:2
• road: shall include all bridges thereon. See New Hampshire Revised Statutes 21:26
• seal: shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. See New Hampshire Revised Statutes 21:11
• 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.
• Skeletal analyst: means the member of the professional staff or another professional person designated by the director of the division of historical resources with the approval of the commissioner having:
  (a) A postgraduate degree in a field involving the study of the human skeleton such as skeletal biology, forensic osteology, or other relevant aspects of physical anthropology or medicine;
  (b) A minimum of one year's experience in conducting laboratory reconstruction and analysis of skeletal remains, including the differentiation of the physical characteristics denoting cultural or biological affinity; and
  (c) Designed and executed a skeletal analysis, and presented the written results and interpretations of such analysis. See New Hampshire Revised Statutes 227-C:1
• Ski area operator: means a person who owns or controls the operation of a ski area. See New Hampshire Revised Statutes 225-A:2
• Ski areas: means all passenger tramways and all designated alpine and nordic trails, slopes, freestyle terrain, tubing terrain, and nordic ski jumps under the control of the alpine and nordic ski area operator and any other areas under the operator's control open to the public for winter sports recreation or competition. See New Hampshire Revised Statutes 225-A:2
• Skier: means a person utilizing the ski area under the control of a ski area operator for ski, snowboard, and snow tube recreation and competition. See New Hampshire Revised Statutes 225-A:2
• state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
• Statute: A law passed by a legislature.
• Summit: shall mean the Mount Washington summit property owned by the state. See New Hampshire Revised Statutes 227-B:2
• sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
• Testator: A male person who leaves a will at death.
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tubing terrain: means areas designated for sliding on inflatable tubes or other similar devices down a prepared course or lanes at a ski area. See New Hampshire Revised Statutes 225-A:2
• United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
• Unmarked human burial: means any interment of human remains for which there exists no grave marker or any other historical documentation providing information as to the identity of the deceased. See New Hampshire Revised Statutes 227-C:1
• vacancy shall be filled for the unexpired term: when used in connection with appointments to the state service by the governor and council shall be construed to mean that the successor shall be commissioned for a term equal in length to the unexpired balance of the term of his predecessor and where an appointee has held over beyond the expiration date of his commission, so far as the appointment of a successor is concerned, a vacancy shall be deemed to have been created. See New Hampshire Revised Statutes 21:34
• Venue: The geographical location in which a case is tried.
• Winter sports: means the use of skis, snowboards, snow tubes, snowshoes, and any device being utilized by a disabled or adaptive participant for winter recreation or competition. See New Hampshire Revised Statutes 225-A:2
• Wood concentration yard: means any site established and used for the purchase and resale of primary forest products from off-site locations and which is not a primary wood processing mill. See New Hampshire Revised Statutes 227-G:2
• Woodland: includes cut-over land, slash, and such other land as bears a sufficient amount of wood growth, wood, weeds, grass, or other growth as to be likely to be burned. See New Hampshire Revised Statutes 227-G:2
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.