Terms Used In Montana Code > Title 30 > Chapter 10 > Part 10 - Securities Restitution Assistance Fund

• 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.
• Claimant: means a person who files an application for restitution assistance under this part on behalf of a victim. See Montana Code 30-10-1003
• Department: means the office of the securities commissioner established in 2-15-1901. See Montana Code 30-10-1003
• Executor: A male person named in a will to carry out the decedent
• Final order: means a final order issued by the commissioner or a final order in a legal action initiated by the commissioner. See Montana Code 30-10-1003
• Fund: means the securities restitution assistance fund created by 30-10-1004. See Montana Code 30-10-1003
• 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
• mental disorder: means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. See Montana Code 30-10-1003
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Victim: means a person who was awarded restitution in a final order. See Montana Code 30-10-1003
• Vulnerable person: means :

  (a)a person who is at least 60 years of age;

  (b)a person who suffers from mental impairment because of frailties or dependencies typically related to advanced age, such as dementia or memory loss;

  (c)a person who has a developmental disability as defined in 53-20-102; or

  (d)a person with a mental disorder. See Montana Code 30-10-1003