Terms Used In Montana Code > Title 49 > Chapter 4 - Rights of Persons With Disabilities

• Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion. See Montana Code 49-4-602
• Appointing authority: means the presiding judge or justice of any court, the presiding officer of any board, commission, or authority, the director or commissioner of any department or agency, or any other person presiding at any hearing or other proceeding in which a qualified interpreter is required pursuant to this part. See Montana Code 49-4-502
• Arrest: Taking physical custody of a person by lawful authority.
• Auxiliary aids or services: means an aid or service that is used to provide information to a person with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the person to better understand the information. See Montana Code 49-4-602
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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.
• Covered entity: means :

  (a)a licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; or

  (b)an entity responsible for matching anatomical gift donors to potential recipients. See Montana Code 49-4-602

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deaf person: means a person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications. See Montana Code 49-4-502
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Disability: means :

  (a)a physical or intellectual impairment that substantially limits one or more of a person's major life activities;

  (b)a record of such an impairment; or

  (c)being regarded as having such an impairment. See Montana Code 49-4-602

• Docket: A log containing brief entries of court proceedings.
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• Intermediary interpreter: means a knowledgeable deaf person who, because of the person's intimate acquaintance with deaf persons who use mainly natural gestures for communicating, can be used as an intermediary between the deaf person and a qualified interpreter. See Montana Code 49-4-502
• 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.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• 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.
• Organ transplant: means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition. See Montana Code 49-4-602
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal party in interest: means a person who is a named party in any proceeding or who will be directly affected by the decision or action that may be made or taken. See Montana Code 49-4-502
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Qualified interpreter: means an interpreter listed by the department of public health and human services as provided in 49-4-507. See Montana Code 49-4-502
• Qualified recipient: means a person who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:

  (a)individuals or entities available to support and assist the person with an anatomical gift or transplantation;

  (b)auxiliary aids or services; or

  (c)reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for:

  (i)communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation; or

  (ii)consideration of support networks available to the person, including family, friends, and home and community-based services, including home and community-based services funded through medicaid, medicare, another health plan in which the person is enrolled, or any program or source of funding available to the person when determining whether the person is able to comply with posttransplant medical requirements. See Montana Code 49-4-602

• Quorum: The number of legislators that must be present to do business.
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
• Writing: includes printing. See Montana Code 1-1-203