§ 407.005 Digital electronic equipment definition
§ 407.010 Definitions
§ 407.020 Unlawful practices, penalty — exceptions
§ 407.023 Representation of a business at wholesale trade shows or markets — proof of ..
§ 407.025 Civil action to recover damages — class actions authorized, when — procedure
§ 407.030 Voluntary compliance, assurance made, effect of — violation, penalty
§ 407.040 Investigations by attorney general — investigative demand, contents of, how ..
§ 407.045 Self-incrimination — person claiming right not subject to criminal ..
§ 407.050 Evidence, when and where produced
§ 407.060 Disclosure of information, material or evidence, limitation on — trade ..
§ 407.070 Petition to extend return date, when and where filed
§ 407.080 Interference with or avoidance of a civil investigative demand prohibited, ..
§ 407.090 Attorney general may request court order to produce evidentiary material — ..
§ 407.095 Order by attorney general prohibiting unlawful acts — procedure — ..
§ 407.100 Injunction — temporary restraining orders — receivers — restitution, when — ..
§ 407.105 Receiver, powers and duties of
§ 407.110 Violation of injunction or restitution order, civil penalty
§ 407.120 Provisions of this chapter no bar to other civil actions
§ 407.125 Chapter not limitation for commissioner of securities
§ 407.130 Assessment of court costs
§ 407.140 Merchandising practices revolving fund established — funding — ..
§ 407.145 Rulemaking, authority, limitation
§ 407.200 Unsolicited merchandise, how disposed of
§ 407.292 Precious metals, sale of — definitions — record of transactions, ..
§ 407.295 Motor vehicle repairs, aftermarket crash part, defined — requirements — ..
§ 407.297 Copper property peddlers — license required (St. Louis City) — definitions ..
§ 407.300 Certain materials, collectors and dealers to keep register, information ..
§ 407.301 Metal beer keg, prohibition on purchase or possession by scrap metal dealer ..
§ 407.302 Metal belonging to various entities — scrap yard not to purchase — ..
§ 407.303 Scrap metal dealers — payments in excess of $500 to be made by check — ..
§ 407.305 Bronze statuary, receptacles or memorials, record of purchase required of ..
§ 407.307 Dealerships for farm implements, industrial maintenance, construction power ..
§ 407.309 Advertising restrictions — definitions — attorney general to enforce, when ..
§ 407.315 American Indian art or craft, no sale unless authentic — penalty
§ 407.325 Definitions
§ 407.327 Health spas, registration with attorney general, form, fee — fees deposited ..
§ 407.329 Prepayment of contracts, treatment of funds, notice to attorney general, ..
§ 407.330 Contracts, in writing, required provisions — buyer’s right to cancel
§ 407.332 Transfer or relocation of health spa, buyer’s duties, rights, when — refund ..
§ 407.334 Contracts, signed by buyer — duration limit — voidable, when — waiver void, ..
§ 407.335 Holder of contract or note subject to claims and defenses, notice
§ 407.337 Assignment of contract, buyer’s rights
§ 407.339 Bond, filed with attorney general, amount, exceptions — separate locations, ..
§ 407.340 Bond, issued in favor of state of Missouri, payable to whom — aggregate ..
§ 407.350 Definitions
§ 407.353 Blind bidding of motion pictures prohibited, when — distributors required ..
§ 407.355 General invitation to bid, contents — bidding procedure — exhibitor must ..
§ 407.357 Blind bidding permitted, when — invitation to bid, contents — license ..
§ 407.400 Definitions
§ 407.405 Pyramid sales schemes prohibited — cancellation of franchise without notice ..
§ 407.410 Double damages, when — limitation on actions — cancellation of franchise ..
§ 407.413 Wholesale liquor franchises, discrimination prohibited, when — supplier not ..
§ 407.415 Attorney general may obtain injunction, when — bond not required
§ 407.420 Penalty — duty to enforce — jurisdiction of attorney general
§ 407.430 Citation of law
§ 407.431 Attorney general, authority to enforce
§ 407.432 Definitions
§ 407.433 Protection of credit card account numbers, penalty, exceptions — effective ..
§ 407.434 Counterfeit credit cards, unlawful practices — defrauding issuer — ..
§ 407.435 Card scanner, illegal use of — penalty
§ 407.436 Defacing a credit card reader, offense of, penalty
§ 407.450 Short title
§ 407.453 Definitions
§ 407.456 Registration and reports, who shall file, exceptions
§ 407.459 Register of documents, maintained by attorney general — public inspection, ..
§ 407.462 Registration and reports, required of soliciting organization, fee — form — ..
§ 407.466 Registration by fund-raisers — form — oath — fees
§ 407.469 Disclosure of fund-raising costs and use of professional fund-raiser
§ 407.472 Investigations by attorney general — investigative demand, how served — ..
§ 407.475 No additional annual filing or reporting requirements, when — inapplicability
§ 407.478 Provisions of charitable organizations and solicitations law no bar to ..
§ 407.485 Unwanted household items, collection of deemed unfair business practice, ..
§ 407.489 No ordinance shall prohibit a nonprofit organization or veterans ..
§ 407.511 Definitions
§ 407.516 Odometer fraud, first degree, penalty
§ 407.521 Odometer fraud, second degree, penalty
§ 407.526 Odometer fraud, third degree, penalty
§ 407.531 Repair or replacement — notice of alteration, how shown, removal ..
§ 407.536 Odometer mileage to be shown on title, when — incorrect mileage on ..
§ 407.542 Attempt to commit odometer fraud in first or second degree, penalties
§ 407.543 Conspiracy to commit odometer fraud in first or second degree, penalty
§ 407.544 Prior convictions for odometer frauds, court may increase sentence, penalties
§ 407.546 Civil damages for odometer violations — venue
§ 407.551 Injunction — action may include suspension or revocation of license
§ 407.553 Attorney general or prosecutor to handle actions for violations, exception
§ 407.556 Dealer or manufacturer in violation subject to revocation or suspension of ..
§ 407.558 Private civil action against prohibited except if a commercial relationship ..
§ 407.560 Definitions
§ 407.563 Law applicable to breach of new motor vehicles warranties
§ 407.565 Report of nonconformity required, when — repairs, duty of manufacturer or ..
§ 407.567 Replacement of motor vehicle or refund of purchase price, when — allowance ..
§ 407.569 Affirmative defenses
§ 407.571 Presumptions of nonconformity — exception
§ 407.573 Warranty extension, when — complaint remedies information to be furnished — ..
§ 407.575 Manufacturer with approved settlement procedure, consumer’s duty
§ 407.577 Court action by consumer, costs, expenses, attorney’s fees, how paid
§ 407.579 Consumer’s right to other remedies — law to apply, when
§ 407.583 Warranty repairs, labor cost compensation to dealer
§ 407.585 Definitions
§ 407.586 Law applicable to breach of new farm machinery warranties — report of ..
§ 407.588 Replacement of farm machinery or refund of purchase price, when — allowance ..
§ 407.589 Affirmative defenses
§ 407.590 Information on remedies to be furnished consumer — notice of complaint to ..
§ 407.592 Law applicable to machinery sold after January 1, 1988, not to affect prior ..
§ 407.600 Definitions
§ 407.610 Promotion program, notice to attorney general, requirements — unlawful ..
§ 407.620 Cancellation of purchase — printed notice of right to cancel to be given ..
§ 407.625 Exchange program — information required to be furnished purchaser — ..
§ 407.630 Violation of regulations — penalty
§ 407.635 Definitions
§ 407.637 Credit service organization — exemptions
§ 407.638 Prohibited activities
§ 407.639 Copy of bond to be filed with director of finance — purpose of bond — ..
§ 407.640 Registration statements, filing, contents, fee
§ 407.641 Contract, writing, contents
§ 407.642 Contract requirements, cancellation clause
§ 407.643 Waiver of buyer’s rights void
§ 407.644 Actions — damages — penalties
§ 407.660 Citation of law
§ 407.661 Definitions
§ 407.662 Rental-purchase agreements, in writing — prohibited provisions — required ..
§ 407.663 Advertisements, requirements
§ 407.664 Reinstatement of agreement, when, conditions
§ 407.665 Violations, penalties — correction of violation — penalty not a bar to ..
§ 407.670 Citation of law
§ 407.671 Definitions
§ 407.672 Cancellation of membership
§ 407.673 Contract, requirements, right to cancel
§ 407.674 Delivery date of goods, exception — savings claims, requirements — ..
§ 407.675 Duration of contract, renewal, terms and limitations
§ 407.676 Law not applicable, when
§ 407.677 Unlawful practices
§ 407.678 Waivers, unenforceable
§ 407.679 Violations, penalty — penalty not a bar to civil action
§ 407.700 Home solicitation sale defined
§ 407.705 Cancellation, notice of, how given — cancellation prohibited, when — ..
§ 407.710 Agreement of sale, required statement, exception
§ 407.715 Duties of seller after cancellation
§ 407.720 Duties of seller after cancellation — lien of buyer, when
§ 407.725 Work and services for insured persons, contractors not to induce sales — ..
§ 407.730 Definitions
§ 407.732 Advertising, restrictions, requirements — prices advertised, quantity to be ..
§ 407.735 Business practices, nondeceptive — collision damage waiver, terms, ..
§ 407.738 Actions, unlawful subleasing, who may bring — definitions
§ 407.740 Penalty, unlawful subleasing — prosecuting attorney, attorney general, duty ..
§ 407.742 Unlawful subleasing, elements of crime
§ 407.745 Assignment or transfer of motor vehicle, not unlawful subleasing, when
§ 407.748 Violations are unlawful merchandising practices — remedies not exclusive
§ 407.753 Manufacturer, wholesaler or distributor not to terminate contract except ..
§ 407.754 How to apply to successors in interest — successor in interest defined
§ 407.755 Action for damages and costs by retailer for violations — remedy not exclusive
§ 407.756 Law, applicability to existing and future contracts
§ 407.800 Going-out-of-business sales, requirements, limitations, extension — exceptions
§ 407.810 Citation of law
§ 407.811 Public policy statement
§ 407.812 Compliance with act required — applicability of act
§ 407.815 Definitions
§ 407.816 Motor driven vehicle, defined for section 407.815 — exemption for ..
§ 407.817 Establishment or transfer of an existing franchise, procedures for franchisor
§ 407.818 License required
§ 407.819 Successor manufacturer, restrictions on line-make franchise offers — fair ..
§ 407.820 Franchisor subject to jurisdiction of Missouri courts and administrative ..
§ 407.822 Complaint with administrative hearing commission, filing, when — time and ..
§ 407.824 Facility improvements and other changes not required by franchisee, when
§ 407.825 Unlawful practices
§ 407.826 New motor vehicle dealership, restrictions on operation of or ownership by ..
§ 407.827 Duty of franchisor and franchisee, distribution of dealerships in St. Louis ..
§ 407.828 Franchisor’s duties to franchisee — schedule of compensation — claims ..
§ 407.829 Missouri motor vehicle commission’s duty to ensure minority-owned ..
§ 407.830 Franchisor’s defenses against action by franchisee
§ 407.831 Indemnification and hold harmless requirements
§ 407.832 False advertising, prohibition
§ 407.833 Modification of franchise prohibited, when — complaint procedure with ..
§ 407.835 Franchisee’s right to action for damages, injunction, when — recovery of ..
§ 407.838 Definitions
§ 407.840 Dealership agreement, termination — cancellation — failure to renew to be ..
§ 407.842 Notice to dealer of cancellation, content — dealer has sixty days to ..
§ 407.844 Farm equipment manufacturers, certain acts prohibited
§ 407.846 Law applicable to dealer’s agreements, when
§ 407.848 Damages in civil action or injunction for dealer against manufacturer, when
§ 407.850 Definitions
§ 407.855 Repurchase of farm machinery inventory on termination of dealership — ..
§ 407.857 Reimbursement for warranty work performed by certain retail sellers of ..
§ 407.860 Inventory qualifying for repurchase — percentage to be paid — cost of ..
§ 407.865 Repurchase not to affect security interest in inventory and to be subject ..
§ 407.870 Inventory which does not qualify for repurchase
§ 407.875 Liability for failure to repurchase inventory
§ 407.880 Death of retailer or majority stockholder — option of surviving spouse or ..
§ 407.885 Application to existing contracts and future contracts
§ 407.895 Manufacturer, wholesaler or distributor not to terminate contract except ..
§ 407.897 Law to apply to successors in interest — not applicable, when — application ..
§ 407.898 Civil action for unlawful termination of contract, authorized — costs and ..
§ 407.900 Definitions
§ 407.902 Art delivered to art dealer for sale or exhibition deemed consignment, ..
§ 407.904 Consignment, effect
§ 407.905 Art dealer is agent of artist — work of art and sale proceeds held in trust ..
§ 407.907 Waiver of proceeds in trust by artist, requirements
§ 407.908 Contracts, prior to August 13, 1984, not affected, exceptions
§ 407.910 Violations — punitive damage and costs authorized
§ 407.911 Definitions
§ 407.912 Commission to become due, when — termination of employment, all commissions ..
§ 407.913 Failure to pay sales representative commission, liability in civil action ..
§ 407.914 Out-of-state principal with sales representative soliciting in this state, ..
§ 407.915 Civil action for all claims against principal may be joined — express or ..
§ 407.924 Division of liquor control to enforce underage tobacco sales — annual ..
§ 407.925 Definitions
§ 407.926 No tobacco sales to minors — penalties — alternative nicotine products and ..
§ 407.927 Required sign stating violation of state law to sell tobacco, alternative ..
§ 407.928 Restrictions on sales of individual packs of cigarettes
§ 407.929 Proof of age required, when — defense to action for violation is reasonable ..
§ 407.931 Unlawful to sell or distribute tobacco products, alternative nicotine ..
§ 407.932 Political subdivisions may make more stringent rules
§ 407.933 Minors employed by division of liquor control may purchase tobacco ..
§ 407.934 Sales tax license required to sell tobacco products, alternative nicotine ..
§ 407.935 Definitions
§ 407.937 Right to cancel contract — notice of cancellation, effective when — form of ..
§ 407.938 Contract, form of — notice required, contents — contract to be accompanied ..
§ 407.940 Foreclosure consultants, unlawful acts — penalty
§ 407.941 Waiver, void — penalty
§ 407.943 Action against foreclosure consultant authorized — exemplary damages ..
§ 407.950 Definitions
§ 407.953 Warranty express or implied, one year required
§ 407.955 Nonconformity of assistive device to be repaired at no cost
§ 407.957 Nonconformity not repaired within reasonable time, options of consumer
§ 407.959 Lease, early termination — reasonable allowance for use, how computed
§ 407.961 Consumer to receive comparable device or refund, procedure — lease ..
§ 407.963 Resale or lease of returned device, full disclosure required
§ 407.965 Arbitration of disputes may be submitted, filing fee, procedure — waivers ..
§ 407.967 Action for damages, attorney’s fees and costs may be brought by consumer
§ 407.970 Rules, procedure to adopt — suspension or revocation of rules, procedure
§ 407.980 Convenience business defined — businesses not included in definition — ..
§ 407.985 Equipment required for security of convenience business — limitation on ..
§ 407.987 Training to be provided for employees in robbery deterrence and safety — ..
§ 407.990 Penalty
§ 407.1025 Definitions
§ 407.1028 Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses
§ 407.1031 Procedure, before administrative hearing commission, application, notice, ..
§ 407.1034 Unlawful merchandising practices by motorcycle or all-terrain vehicle (ATV) ..
§ 407.1035 Relevant market area for motorcycle and all-terrain vehicle franchises, ..
§ 407.1037 Location of dealerships in City of St. Louis
§ 407.1040 License approval in metropolitan areas, minorities
§ 407.1043 Defenses
§ 407.1046 False advertising prohibited
§ 407.1047 Compensation agreements between franchisors and franchisees engaged in sale ..
§ 407.1049 Civil action, remedies
§ 407.1060 Definitions
§ 407.1062 Structured settlement payment transfers, requirements
§ 407.1064 Approval by court, notice
§ 407.1066 Right to rescind — limitation of liability — limitation of jurisdiction
§ 407.1068 Application of law
§ 407.1070 Definitions
§ 407.1073 Telemarketers, required disclosures — misrepresentations prohibited
§ 407.1076 Unlawful telemarketing acts or practices
§ 407.1079 Telemarketers required to keep certain records
§ 407.1082 Penalties — criminal penalties — civil damages
§ 407.1085 Exemptions — attorney general to receive complaints
§ 407.1090 Required disclosures for entities soliciting contributions
§ 407.1095 Definitions
§ 407.1098 Telephone solicitation of member on no-call list prohibited
§ 407.1101 Attorney general to create no-call list database — rules — inclusion of ..
§ 407.1104 Caller identification service, telephone solicitor not to interfere with ..
§ 407.1107 Penalties, attorney general to enforce — civil, criminal, injunctive relief ..
§ 407.1110 Advisory group for consumer protection from telemarketers — publication of ..
§ 407.1120 Definitions
§ 407.1123 Unsolicited electronic mail without either return email address or ..
§ 407.1126 Penalties
§ 407.1129 Damages
§ 407.1132 Interactive computer service may block certain electronic mail without ..
§ 407.1135 Definitions
§ 407.1138 Prohibited acts — rulemaking authority, attorney general
§ 407.1141 Attorney general to initiate proceedings for violation — penalties — ..
§ 407.1150 Publishing or disseminating criminal record information prohibited — ..
§ 407.1240 Definitions
§ 407.1243 Registration statement required, content — approval by attorney general, ..
§ 407.1246 Renewal of registration, procedure, fee
§ 407.1249 Right to rescind and cancel, time period allowed
§ 407.1252 Complaint procedure — violations, remedy
§ 407.1320 Definitions
§ 407.1323 Recreational vehicle manufacturers and dealers, written agreement required, ..
§ 407.1326 Termination notice, requirements, contents
§ 407.1329 Repurchase upon termination of agreement
§ 407.1332 Change in ownership, notice — rejection of change, notice
§ 407.1335 Succession in dealerships, conditions, restrictions and prohibitions
§ 407.1338 Warranty service, warrantor to provide written obligations — compensation ..
§ 407.1340 Violation of dealer agreement
§ 407.1343 Damage to new RVs, written disclosure to dealer required, when — reversion ..
§ 407.1346 New RV dealership, restrictions on operation or ownership by a manufacturer
§ 407.1355 Social Security numbers, prohibited actions involving
§ 407.1360 Definitions
§ 407.1362 Dealership agreements, good cause needed to terminate or cancel
§ 407.1364 Notice of termination or cancellation, contents
§ 407.1366 Change in ownership, notice required
§ 407.1368 Repurchase required, when
§ 407.1370 Applicability
§ 407.1380 Definitions
§ 407.1382 Security freeze may be requested, when — fee — agency duties — furnishing a ..
§ 407.1384 Agency liability for failure to comply, damages and equitable relief
§ 407.1385 Processing of applications for credit — effect of security freeze
§ 407.1400 v2 Processing services agreements, required disclosures — inapplicability, when
§ 407.1500 Definitions — notice to consumer for breach of security, procedure — ..
§ 407.1610 Speculative accumulation of asphalt shingles prohibited

Terms Used In Missouri Laws > Chapter 407 - Merchandising Practices

  • 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.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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.
  • 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.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Dependent: A person dependent for support upon another.
  • 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:
  • Donor: The person who makes a gift.
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • 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.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • 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 Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • 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.
  • 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.
  • Guardian: if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in chapter 475. See Missouri Laws 1.020
  • hereafter: means the time after the statute containing it takes effect. See Missouri Laws 1.020
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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 committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • 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
  • 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.
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
  • 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.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • 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.
  • 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.
  • 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.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Missouri Laws 1.020
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes real and personal property. See Missouri Laws 1.020
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • 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.
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • 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.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes such district and territories. See Missouri Laws 1.020
  • Venue: The geographical location in which a case is tried.