Terms Used In Louisiana Revised Statutes > Title 51 > Chapter 1 > Part VIII - Unfair Trade

• Access software provider: means a provider of software, including client or server software, or enabling tools that do any one or more of the following:

              (a) Filter, screen, allow, or disallow content. See Louisiana Revised Statutes 51:470.2

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• 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.
• Agriculture: means the commercial planting, growing, harvesting, production, storage, processing, marketing, distribution, or export of any agricultural product, including but not limited to farm products, livestock and livestock products, poultry and poultry products, milk and dairy products, fruit and other horticultural products, and seafood and aquacultural products. See Louisiana Revised Statutes 51:2370.2
• Agriculture: means the commercial planting, growing, harvesting, production, storage, processing, marketing, distribution, or export of any agricultural product, including but not limited to farm products, livestock and livestock products, poultry and poultry products, milk and dairy products, fruit and other horticultural products, and seafood and aquacultural products. See Louisiana Revised Statutes 51:2370.22
• 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.
• 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.
• Appraisal: A determination of property value.
• 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.
• Assistant secretary: means the assistant secretary of the United States Department of Commerce for Communications and Information. See Louisiana Revised Statutes 51:2370.22
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorized representative: means an assignee, licensee, executor, heir, legatee, or other representative of an individual. See Louisiana Revised Statutes 51:470.2
• Board: means the board of commissioners of the Bayou Lafourche Fresh Water District. See Louisiana Revised Statutes 38:3086.21
• Broadband data maps: means the maps created in accordance with the provisions of 47 U. See Louisiana Revised Statutes 51:2370.22
• Broadband service: means deployed internet access service with a minimum of one hundred megabits per second (Mbps) download and at least twenty megabits per second upload transmission speeds. See Louisiana Revised Statutes 51:2370.2
• Broadband service: means deployed mass-market retail internet access service with a minimum of one hundred megabits per second, or Mbps, download and at least twenty megabits per second upload transmission speeds. See Louisiana Revised Statutes 51:2370.22
• Broadband-serviceable location: means a business or residential location in the United States at which fixed broadband internet access service is, or can be, installed. See Louisiana Revised Statutes 51:2370.22
• 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.
• Commercial purposes: means the use of an individual's identity for any of the following purposes:

              (a) On or in connection with products, merchandise, goods, services, commercial activities, or performances. See Louisiana Revised Statutes 51:470.2

• Compensation: means the payment of money, a thing of value, or any financial benefit. See Louisiana Revised Statutes 51:361
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consideration: means the payment of cash or purchase of goods, services, or intangible property. See Louisiana Revised Statutes 51:361
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative: means a corporation organized under Part I of Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950 or a corporation who becomes subject to those provisions pursuant to La. See Louisiana Revised Statutes 51:2370.2
• Cooperative: means a corporation organized pursuant to Part I of Chapter 4 of Title 12 of the Louisiana Revised Statutes of 1950 or a corporation that becomes subject to those provisions pursuant to La. See Louisiana Revised Statutes 51:2370.22
• Corporation: means the Louisiana Economic Development Corporation as established in Part II of this Chapter. See Louisiana Revised Statutes 51:2303
• 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.
• Cost to the retailer: means the invoice cost, or the replacement cost, of the merchandise to the retailer, whichever is lower;

             (1) Less all trade discounts except customary discounts for cash;

             (2) Plus; in the following order:

             (a) Freight charges not otherwise included in the invoice cost or the replacement cost of the merchandise;

             (b) Cartage to the retail outlet if done or paid by the retailer, which cartage cost, in the absence of proof of a lesser cost, shall be three-fourths of one per cent of the cost to the retailer after adding freight charges but before adding cartage and markup; and,

             (c) A markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be six per cent of the cost to the retailer after adding freight charges and cartage. See Louisiana Revised Statutes 51:421

• Cost to the wholesaler: means the invoice cost, or the replacement cost, of the merchandise to the wholesaler, whichever is lower;

             (1) Less all trade discounts except customary discounts for cash and discounts from the state or any governmental agency allowed for the payment of collection of any taxes;

             (2) Plus; in the following order:

             (a) Freight charges, not otherwise included in the invoice cost or the replacement cost of the merchandise;

             (b) Cartage cost which shall be three-fourths of one per cent of the cost to the wholesaler after adding freight charges but before adding cartage, any existing tobacco stamp excise tax and markup, and any motor fuels excise tax;

             (c) Any existing tobacco stamp excise tax; and,

             (d) A markup to cover a proportionate part of the cost of doing business which markup, in the absence of proof of a lesser cost, shall be two percent of the cost to the wholesaler after adding freight charges, cartage, any existing tobacco stamp excise tax, and any motor fuels excise tax; and,

             (e) Any motor fuels excise tax. See Louisiana Revised Statutes 51:421

• 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.
• Devise: To gift property by will.
• Digital replica: means a computer-generated or electronic reproduction of a professional performer's likeness or voice that is so realistic as to be indistinguishable from the actual likeness or voice of the professional performer. See Louisiana Revised Statutes 51:470.2
• Direct molding process: means any direct molding process in which the original manufactured vessel hull or component part of a vessel hull is itself used as a plug for the making of the mold, which is then used to manufacture a duplicate item. See Louisiana Revised Statutes 51:462
• Director: means the executive director of the office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.2
• Director: means the executive director of the office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.22
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District: means the Bayou Lafourche Fresh Water District. See Louisiana Revised Statutes 38:3086.21
• Docket: A log containing brief entries of court proceedings.
• economic unit: consists of all adult individuals contributing to and sharing in the income and expenses of a household. See Louisiana Revised Statutes 51:2370.2
• economic unit: consists of all adult individuals contributing to and sharing in the income and expenses of a household. See Louisiana Revised Statutes 51:2370.22
• Economically distressed parish: means an unserved area that is in need of expansion of business and industry and the creation of jobs, giving consideration to unemployment, per capita income, and the number of residents receiving public assistance within that unserved area. See Louisiana Revised Statutes 51:2370.2
• Eligible costs: means costs that are eligible for BEAD program funding as specified by the assistant secretary. See Louisiana Revised Statutes 51:2370.22
• Eligible grant recipient: means a provider of broadband service, including a provider operated by a local government if the local government is compliant with the Local Government Fair Competition Act prior to July 1, 2021, with respect to providing such services, a cooperative, or any partnership thereof. See Louisiana Revised Statutes 51:2370.2
• Eligible grant recipient: means a provider of broadband service, including a provider operated by a local government if the local government is compliant with the Local Government Fair Competition Act, La. See Louisiana Revised Statutes 51:2370.22
• Eligible parish: means any parish with unserved or underserved broadband-serviceable locations. See Louisiana Revised Statutes 51:2370.22
• Eligible project: means a discrete and specific project located in an unserved area of an eligible parish seeking to provide broadband service to homes, households, businesses, educational facilities, healthcare facilities, and community anchor points not currently served. See Louisiana Revised Statutes 51:2370.2
• Enforceable commitment: means any location that is already subject to a legally enforceable federal, state, or local commitment to deploy broadband. See Louisiana Revised Statutes 51:2370.22
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Executor: A male person named in a will to carry out the decedent
• Expressive work: means such work as a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, work of art, or a dramatic, literary, or musical work, if it is fictional or nonfictional entertainment, a work of political or newsworthy value, or an advertisement or commercial announcement for any of these works. See Louisiana Revised Statutes 51:470.2
• Fiduciary: A trustee, executor, or administrator.
• 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.
• 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}
• Fund: means the Louisiana Economic Development Fund. See Louisiana Revised Statutes 51:2332
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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.
• Household: means any individual or group of individuals who are living together at the same address as one economic unit. See Louisiana Revised Statutes 51:2370.2
• Household: means any individual or group of individuals who are living together at the same address as one economic unit. See Louisiana Revised Statutes 51:2370.22
• Identity: means an individual's name, voice, signature, photograph, image, likeness, or digital replica. See Louisiana Revised Statutes 51:470.2
• Individual: means a living natural person domiciled in Louisiana or a deceased natural person who was domiciled in Louisiana at the time of the individual's death. See Louisiana Revised Statutes 51:470.2
• Information content provider: means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service. See Louisiana Revised Statutes 51:470.2
• Infrastructure: means existing facilities, equipment, materials, and structures that an internet service provider has installed either for its core business or public enterprise purposes. See Louisiana Revised Statutes 51:2370.2
• Infrastructure: means existing facilities, equipment, materials, and structures that an internet service provider has installed either for its core business or public enterprise purposes. See Louisiana Revised Statutes 51:2370.22
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interactive computer service: means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions. See Louisiana Revised Statutes 51:470.2
• 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}
• Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks. See Louisiana Revised Statutes 51:470.2
• 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}
• Legacy: A gift of property made by will.
• Legatee: A beneficiary of a decedent
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means a parish, municipality, or school board, or any instrumentality thereof. See Louisiana Revised Statutes 51:2370.2
• Local government: means a parish, municipality, or school board. See Louisiana Revised Statutes 51:2370.22
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Mold: means a matrix or form in which a substance or material is shaped. See Louisiana Revised Statutes 51:462
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Oath: A promise to tell the truth.
• 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 office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.2
• Office: means the office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.22
• Oversight: Committee review of the activities of a Federal agency or program.
• Participant: means a person who contributes money into a pyramid promotional scheme. See Louisiana Revised Statutes 51:361
• 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.
• Performance: means the use of a digital replica to substitute for a performance by a professional performer in a work in which the professional performer did not actually appear. See Louisiana Revised Statutes 51:470.2
• person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
• Person: means an individual, a corporation, a partnership, or any association, or unincorporated organization. See Louisiana Revised Statutes 51:361
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plug: means a device or model used to make a mold for the purpose of duplication. See Louisiana Revised Statutes 51:462
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Professional performer: means an individual who, for gain or livelihood, is or was regularly engaged in acting, singing, dancing, playing a musical instrument, or appearing on a news broadcast as an anchor or reporter. See Louisiana Revised Statutes 51:470.2
• Program: means the Workforce Development and Training Program. See Louisiana Revised Statutes 51:2332
• Project: means an undertaking by an eligible grant recipient to construct and deploy infrastructure for the provision of broadband service. See Louisiana Revised Statutes 51:2370.22
• Promote: means to contrive, direct, establish, or operate a pyramid promotional scheme. See Louisiana Revised Statutes 51:361
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prospective broadband recipient: means a household, home, business, educational facility, healthcare facility, community anchor point, agricultural operation, or agricultural processing facility that is currently unserved and is identified in an application submitted in accordance with this Subpart. See Louisiana Revised Statutes 51:2370.2
• Pyramid promotional scheme: means any plan or operation by which a participant gives consideration for the opportunity to receive compensation which is derived primarily from the person's introduction of other persons into a plan or operation rather than from the sale of goods, services, or intangible property by the participant or other persons introduced into the plan or operation. See Louisiana Revised Statutes 51:361
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonable commercial terms: includes repurchase by the seller, at the participant's request, and upon termination of the business relationship or contract with the seller, of all unencumbered products purchased by the participant from the seller within the previous twelve months which are unused and in commercially resalable condition, provided that repurchase by the seller shall be for not less than ninety percent of the actual amount paid by the participant to the seller of the products, less any consideration received by the participant for purchase of the products which are being returned. See Louisiana Revised Statutes 51:361
• 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}
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Replacement cost: means the cost per unit at which the merchandise sold or offered for sale could have been bought by the seller at any time within thirty days prior to the date of sale or the date upon which it is offered for sale by the seller if bought in the same quantity as the seller's last purchase of the merchandise. See Louisiana Revised Statutes 51:421
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retailer: means any person engaged in the business of making sales at retail within this state, or if any person is engaged in the business of making sales both at retail and at wholesale, "retailer" shall apply only to the retail portion of the business. See Louisiana Revised Statutes 51:421
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• Shapefile: means a file format for storing, depicting, and analyzing geospatial data depicting broadband coverage, comprised of several component files, such as a Main file (. See Louisiana Revised Statutes 51:2370.2
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Underserved location: means an underserved location as defined in the IIJA and the BEAD NOFO. See Louisiana Revised Statutes 51:2370.22
• Unserved: means , notwithstanding any other provision of law, any federal funding awarded to or allocated by the state for broadband deployment shall not be used, directly or indirectly, to deploy broadband infrastructure to provide broadband internet service in any area of the state where broadband internet service of at least one hundred megabits per second download and twenty megabits per second upload is available from at least one internet service provider. See Louisiana Revised Statutes 51:2370.2
• Unserved area: means a designated geographic area that is presently without access to broadband service, as defined in this Section, offered by a wireline or fixed wireless provider. See Louisiana Revised Statutes 51:2370.2
• Unserved location: means an unserved location as defined in the IIJA and the BEAD NOFO. See Louisiana Revised Statutes 51:2370.22
• Venue: The geographical location in which a case is tried.
• Watercraft: means anything used or designated for navigation on water. See Louisiana Revised Statutes 38:3086.21
• Waterway: means Bayou Lafourche or any navigable bayou or river, or portion thereof, located within the geographical boundaries of the district. See Louisiana Revised Statutes 38:3086.21
• Wholesaler: means any person engaged in the business of making sales at wholesale within this state, or if any person is engaged in the business of making sales both at wholesale and at retail, "wholesaler" shall apply only to the wholesale portion of the business. See Louisiana Revised Statutes 51:421