Terms Used In North Dakota Code > Chapter 20.1-01 - General Provisions

• Afield: means being away from one's home or camp. See North Dakota Code 20.1-01-02
• 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.
• Associated equipment: means :

  a. See North Dakota Code 20.1-01-02

• Big game: means deer, moose, elk, bighorn sheep, mountain goats, and antelope. See North Dakota Code 20.1-01-02
• Boat: means any vessel:

  a. See North Dakota Code 20.1-01-02

• Consideration: means something of value given or done in exchange for something of value given or done by another. See North Dakota Code 20.1-01-02
• 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.
• Crops: means any plant that has been harvested, collected, or stored as livestock feed, fodder, or fuel. See North Dakota Code 20.1-01-02
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the game and fish department. See North Dakota Code 20.1-01-02
• Deputy director: means the deputy director of the department. See North Dakota Code 20.1-01-02
• Director: means the director of the department. See North Dakota Code 20.1-01-02
• Endangered species: means any species whose prospects of survival or recruitment within the state are in jeopardy due to any of the following factors:

  a. See North Dakota Code 20.1-01-02

• 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}
• Established road or trail: means any public highway or road, improved or otherwise, dedicated for public ingress or egress, or any other road or trail normally used for travel but does not include temporary trails across cultivated land used for agricultural purposes. See North Dakota Code 20.1-01-02
• 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.
• following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
• Game birds: includes all varieties of geese, brant, swans, ducks, plovers, snipes, woodcocks, grouse, sagehens, pheasants, Hungarian partridges, quails, partridges, cranes, rails, coots, wild turkeys, mourning doves, and crows. See North Dakota Code 20.1-01-02
• Guide: means an individual who is employed by or contracts with a licensed outfitter to help the outfitter furnish personal services for the conduct of outdoor recreational activities directly related to the conduct of activities for which the employing outfitter is licensed. See North Dakota Code 20.1-01-02
• Hunt through the internet: means to hunt wildlife in real time using internet services to remotely control actual firearms and to remotely discharge live ammunition allowing a person who is not physically present to take wildlife. See North Dakota Code 20.1-01-02
• hunting: means shooting, shooting at, pursuing, taking, attempting to take, or killing any game animals and game birds; searching for or attempting to locate or flush any game animals and game birds; luring, calling, or attempting to attract game animals and game birds; hiding for the purpose of taking or attempting to take game animals and game birds; and walking, crawling, or advancing toward wildlife while possessing implements or equipment useful in the taking of game animals or game birds. See North Dakota Code 20.1-01-02
• Individual: means a human being. See North Dakota Code 1-01-49
• 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.
• 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}
• Male: means a boy, man, or an individual whose biological reproductive system is developed to produce sperm. See North Dakota Code 1-01-49
• Motor-driven vehicle: means any land vehicle, with or without wheels, that is propelled by any motor. See North Dakota Code 20.1-01-02
• Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See North Dakota Code 20.1-01-02
• Non-native species: means a species that is not a native species. See North Dakota Code 20.1-01-02
• 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.
• Outfitter: means a person that holds the person's business operation out to the public for hire or consideration; provides facilities or services for consideration; maintains, leases, or otherwise provides compensation for the use of land and which receives compensation from a third party for use of that land; or otherwise uses equipment or accommodations for consideration for the conduct of outdoor recreational activities, including hunting animals or birds and fishing on lakes, reservoirs, rivers, and streams. See North Dakota Code 20.1-01-02
• Owner: means a person, other than a lienholder, having the property in or title to a motorboat. See North Dakota Code 20.1-01-02
• parts thereof: includes the hide, horns, or hoofs of any animal specified and the plumage, skin, and every other part of any bird specified. See North Dakota Code 20.1-01-02
• Person: includes every partnership, association, corporation, and limited liability company. See North Dakota Code 20.1-01-02
• Possession: means control, actual possession, and constructive possession of the article or thing specified. See North Dakota Code 20.1-01-02
• Private fish hatchery: means a body of water, whether natural or artificial, and any other facilities used, maintained, or operated by any private person, firm, corporation, or limited liability company for the propagation and production of fish for sale or planting in other waters. See North Dakota Code 20.1-01-02
• Property: includes property, real and personal. See North Dakota Code 1-01-49
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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.
• Resident: means any person who has actually lived within this state or maintained that person's residence therein for at least six months immediately preceding the date that residence is to be determined. See North Dakota Code 20.1-01-02
• Retrieve: means to have taken possession and made ready for transportation. See North Dakota Code 20.1-01-02
• Rule: includes regulation. See North Dakota Code 1-01-49
• sale: means any sale or offer to sell, or possession with intent to sell, use, or dispose of, the article or thing specified, contrary to law. See North Dakota Code 20.1-01-02
• Small game: includes all game birds and tree squirrels. See North Dakota Code 20.1-01-02
• Species: includes any subspecies of wildlife and any other group of wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature. See North Dakota Code 20.1-01-02
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
• Transport: means to cause or attempt to cause a species to be carried or moved into or within the state and includes accepting or receiving the species for transportation or shipment. See North Dakota Code 20.1-01-02
• United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
• Vessel: means any watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See North Dakota Code 20.1-01-02
• Waterfowl: includes all varieties of geese, brant, swans, ducks, rails, and coots. See North Dakota Code 20.1-01-02
• Wildlife: means any member of the animal kingdom including any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. See North Dakota Code 20.1-01-02
• written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
• year: means twelve consecutive months. See North Dakota Code 1-01-33