Wisconsin Statutes > Chapter 126 – Agricultural producer security

		Sections
Subchapter I	General	126.01
Subchapter II	Agricultural Producer Security Fund	126.05 – 126.06
Subchapter III	Grain Dealers	126.10 – 126.21
Subchapter IV	Grain Warehouse Keepers	126.25 – 126.34
Subchapter V	Milk Contractors	126.40 – 126.51
Subchapter VI	Vegetable Contractors	126.55 – 126.64
Subchapter VII	Recovery Proceedings	126.68 – 126.73
Subchapter VIII	Administration and Enforcement	126.78 – 126.90

Terms Used In Wisconsin Statutes > Chapter 126 - Agricultural producer security

Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Adult: means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
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.
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Allegation: something that someone says happened.
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.
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appraisal: A determination of property value.
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
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.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
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.
Bequeath: To gift property by will.
Bona fide paid circulation: means the paid circulation of a newspaper for which the publisher of the newspaper has actual print, digital, or electronic subscribers for each publication of not less than 1,000 copies for 1st and 2nd class cities or 300 copies for 3rd and 4th class cities, villages, or towns. See Wisconsin Statutes 985.01
breathes: means draws air into and expels it out of the lungs one or more times. See Wisconsin Statutes 990.01
Buyer: means a person who buys or contracts to buy goods. See Wisconsin Statutes 402.103
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Chambers: A judge's office.
Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
Chiropractor: means a person holding a license issued by the chiropractic examining board. See Wisconsin Statutes 990.01
Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
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.
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.
Communicable disease: means any disease that the department of health services determines, by rule, to be communicable in fact. See Wisconsin Statutes 990.01
Continuance: Putting off of a hearing ot trial until a later time.
Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Wisconsin Statutes 402.106
Conviction: A judgement of guilt against a criminal defendant.
Counterclaim: A claim that a defendant makes against a plaintiff.
County board: means the county board of supervisors. See Wisconsin Statutes 990.01
Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defense attorney: Represent defendants in criminal matters.
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Devise: To gift property by will.
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:
Docket: A log containing brief entries of court proceedings.
Donee: The recipient of a gift.
Drug: means any of the following:

1. See Wisconsin Statutes 961.01

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}

Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.

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.

Executor: A male person named in a will to carry out the decedent

Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.

Fiduciary: A trustee, executor, or administrator.

Fire department: includes a department under…. See Wisconsin Statutes 990.01

Fire fighter: includes a person serving under…. See Wisconsin Statutes 990.01

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.

Folio: means 100 words or figures. See Wisconsin Statutes 990.01

Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}

Fraud: Intentional deception resulting in injury to another.

Freeway: means a highway with full control of access and with all crossroads separated in grade from the pavements for through traffic. See Wisconsin Statutes 990.01

Governing body: has the meaning given in…. See Wisconsin Statutes 985.01

Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,

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.

Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.

Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

Heretofore: means any time previous to the day on which the statute containing it takes effect; "hereafter" means the time after the statute containing such word takes effect. See Wisconsin Statutes 990.01

Highway: includes all public ways and thoroughfares and all bridges upon the same. See Wisconsin Statutes 990.01

homestead: means the dwelling and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, but not less than one-fourth acre, if available, and not exceeding 40 acres. See Wisconsin Statutes 990.01

Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.

Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

insertion: when used to indicate the publication of a legal notice more than one time, means once each week for consecutive weeks, the last of which shall be at least one week before the act or event, unless otherwise specified by law. See Wisconsin Statutes 985.01

Inter vivos: Transfer of property from one living person to another living person.

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}

Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.

Intestate: Dying without leaving a will.

Joint resolution: A legislative measure which requires the approval of both chambers.

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.

Juror: A person who is on the jury.

Legal notice: means every notice required by law or by order of a court to be published in a newspaper or other publication, except notices required by private and local laws to be published in newspapers, and includes all of the following:

(a) Every publication of laws, ordinances, resolutions, financial statements, budgets and proceedings intended to give notice in an area. See Wisconsin Statutes 985.01

Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}

Legatee: A beneficiary of a decedent

Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Licensed practical nurse: includes a licensed practical/vocational nurse who holds a multistate license, as defined in…. See Wisconsin Statutes 990.01

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Live birth: means the complete expulsion or extraction from his or her mother, of a human being, at any stage of development, who, after the expulsion or extraction, breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, a cesarean section, or an abortion, as defined in…. See Wisconsin Statutes 990.01

Manufacture: means the production, preparation, propagation, compounding, conversion or processing of, or to produce, prepare, propagate, compound, convert or process, a controlled substance or controlled substance analog, directly or indirectly, by extraction from substances of natural origin, chemical synthesis or a combination of extraction and chemical synthesis, including to package or repackage or the packaging or repackaging of the substance, or to label or to relabel or the labeling or relabeling of its container. See Wisconsin Statutes 961.01

Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Mortgagee: The person to whom property is mortgaged and who has loaned the money.

Motorcycle: has the meaning given in…. See Wisconsin Statutes 990.01

Municipality: includes cities and villages; it may be construed to include towns. See Wisconsin Statutes 990.01

Municipality: has the meaning in…. See Wisconsin Statutes 985.01

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}

Naturopathic doctor: means a naturopathic doctor licensed under…. See Wisconsin Statutes 990.01

News content: means written information and images, other than advertisements, that are printed in a publication. See Wisconsin Statutes 985.01

Newspaper: includes a daily newspaper published in a county having a population of 750,000 or more, devoted principally to business news and publishing of records, which has been designated by the courts of record of the county for publication of legal notices for a period of 6 months or more. See Wisconsin Statutes 985.01

Nonmarital child: means a child who is neither conceived nor born while his or her parents are lawfully intermarried, who is not adopted and whose parents do not subsequently intermarry under…. See Wisconsin Statutes 990.01

Oath: includes affirmation in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01

Oath: A promise to tell the truth.

Optical disc: means a rotating circular plate on which information or images are placed in storage, and which is recorded and read by laser beams focused on the plate. See Wisconsin Statutes 990.01

Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

osteopath: means a person holding a license or certificate of registration from the medical examining board. See Wisconsin Statutes 990.01

Personal property: includes money, goods, chattels, things in action, evidences of debt and energy. See Wisconsin Statutes 990.01

Personal property: All property that is not real property.

Personal representative: means a person, however denominated, who is authorized to administer a decedent's estate. See Wisconsin Statutes 990.01

Physician assistant: means a person licensed as a physician assistant under subch. See Wisconsin Statutes 990.01

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.

Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:

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.

Police department: includes a department under…. See Wisconsin Statutes 990.01

Police officer: includes a person serving under…. See Wisconsin Statutes 990.01

Population: means that shown by the most recent regular or special federal census. See Wisconsin Statutes 990.01

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}

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.

Preceding: when used by way of reference to any statute section, means the section next preceding that in which the reference is made. See Wisconsin Statutes 990.01

Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

present sale: means a sale which is accomplished by the making of the contract. See Wisconsin Statutes 402.106

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.

Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Psychologist: means a psychologist who is licensed under…. See Wisconsin Statutes 990.01

Public defender: Represent defendants who can't afford an attorney in criminal matters.

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Qualified: when applied to any person elected or appointed to office, means that such person has done those things which the person was by law required to do before entering upon the duties of the person's office. See Wisconsin Statutes 990.01

Quorum: The number of legislators that must be present to do business.

real property: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Recess: A temporary interruption of the legislative business.

Registered nurse: includes a registered nurse who holds a multistate license, as defined in…. See Wisconsin Statutes 990.01

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.

Remand: When an appellate court sends a case back to a lower court for further proceedings.

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).

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.

Seller: means a person who sells or contracts to sell goods. See Wisconsin Statutes 402.103

Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.

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.

Statute: A law passed by a legislature.

Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

Subpoena: A command to a witness to appear and give testimony.

Substance: is a n intelligible abstract or synopsis of the essential elements of the official action taken by a local governing body, including the subject matter of a motion, the persons making and seconding the motion and the roll call vote on the motion, except that ordinances and resolutions published as required by law need not be republished in proceedings, but a reference to their subject matter shall be sufficient. See Wisconsin Statutes 985.01

Sworn: includes "affirmed" in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01

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.

Testate: To die leaving a will.

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.

Town board: means the town board of supervisors. See Wisconsin Statutes 990.01

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.

Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.

Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{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 the District of Columbia, the states, the commonwealth of Puerto Rico and the territories organized by congress. See Wisconsin Statutes 990.01

Venue: The geographical location in which a case is tried.

Verdict: The decision of a petit jury or a judge.

Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.

Victim advocate: work with prosecutors and assist the victims of a crime.

Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."

Week: means 7 consecutive days. See Wisconsin Statutes 990.01

Wisconsin newspapers legal notices Internet site: means an Internet site maintained by Wisconsin newspapers for the purpose of providing and maintaining an electronic version of printed and published legal notices. See Wisconsin Statutes 985.01

Writ: A formal written command, issued from the court, requiring the performance of a specific act.