Terms Used In Indiana Code > Title 3 > Article 6 > Chapter 4.5 - Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title III of HAVA

• 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.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• 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.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• 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.
• capital asset: means a building, a fixture, a structure, an improvement, or land. See Indiana Code 5-13-9.3-1
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• commission: refers to the commission for higher education of the state of Indiana established by IC 21-18-2. See Indiana Code 5-14-3.6-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• counselor: refers to the public access counselor appointed under section 6 of this chapter. See Indiana Code 5-14-4-1
• counselor: refers to the public access counselor appointed under IC 5-14-4-6. See Indiana Code 5-14-5-1
• Criminal action: means a prosecution initiated in the name of the state of Indiana against an accused alleging the commission of a felony or misdemeanor. See Indiana Code 5-14-2-1
• Criminal proceedings: means court proceedings in a criminal action after the arrest of an accused and before any appeal is instituted; it does not include:

  Indiana Code 5-14-2-1

• data owner: means a governmental entity that creates or gathers data from other sources and stores that data for its governmental purposes. See Indiana Code 5-14-3.3-1
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• department: means the department of education established by IC 20-19-3-1. See Indiana Code 5-14-3.7-1
• department: means the department of local government finance established under Indiana Code 5-14-3.8-1
• department: refers to the department of local government finance established by Indiana Code 5-14-3.9-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• executive state agency: refers to any agency, authority, board, bureau, commission, department, division, office, or other unit of state government in the executive, including the administrative, department of state government established by any of the following:

  Indiana Code 5-14-3.3-2

• 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 Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• 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}
• Fraud: Intentional deception resulting in injury to another.
• fund: means a fund established under section 4 of this chapter. See Indiana Code 5-13-9.3-2
• General public: means any individual, or group of individuals, but does not include the parties to the criminal action. See Indiana Code 5-14-2-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• government data: refers to any electronically recorded information created, received, maintained, or stored by or otherwise in the control of a governmental entity. See Indiana Code 5-14-3.3-4
• government web site: refers to an Internet web site that is established for a governmental entity. See Indiana Code 5-14-3.3-5
• governmental entity: refers to any of the following:

  Indiana Code 5-14-3.3-3

• 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.
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• 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}
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• 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.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• machine readable: refers to a format in which government data can be easily processed by a computer without human intervention while ensuring that semantic meaning is not lost. See Indiana Code 5-14-3.3-6
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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: refers to the office of the public access counselor established under section 5 of this chapter. See Indiana Code 5-14-4-2
• open format: means a technical format based on an underlying open standard that is:

  Indiana Code 5-14-3.3-7

• Open to attendance: means that individuals have the right freely to attend and observe criminal proceedings. See Indiana Code 5-14-2-1
• 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: means an individual, a business, a corporation, an association, or an organization. See Indiana Code 5-14-5-2
• 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.
• political subdivision: has the meaning set forth in IC 36-1-2-13. See Indiana Code 5-14-3.3-8
• political subdivision: has the meaning set forth in Indiana Code 5-14-3.8-2
• political subdivision: means a county, township, city, town, school corporation, library district, fire protection district, public transportation corporation, local hospital authority or corporation, local airport authority district, special service district, special taxing district, or other separate local governmental entity that may sue and be sued. See Indiana Code 5-14-3.9-2
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• 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.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• public access laws: refers to :

  Indiana Code 5-14-4-3

• public agency: has the meaning set forth in:

  Indiana Code 5-14-4-4

• public agency: has the meaning set forth in:

  Indiana Code 5-14-5-3

• public agency: includes the following:

  Indiana Code 5-14-6-1

• public school: has the meaning set forth in IC 20-18-2-15. See Indiana Code 5-14-3.7-2
• Quorum: The number of legislators that must be present to do business.
• 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.
• report: includes any annual or other report that a public agency:

  Indiana Code 5-14-6-2

• Rules of procedure: means rules adopted by the supreme court of Indiana. See Indiana Code 5-14-2-1
• 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.
• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• state agency: means an authority, a board, a branch, a commission, a committee, a department, a division, or another instrumentality of government, including the administrative branch of state government, the legislative branch of state government, and the judicial branch of state government. See Indiana Code 5-14-3.5-1
• state educational institution: has the meaning set forth in IC 21-7-13-32. See Indiana Code 5-14-3.6-2
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• summary: means the financial and operational summary required by this chapter. See Indiana Code 5-14-3.9-3
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Title III: refers to Title III of HAVA (52 U. See Indiana Code 3-6-4.5-2
• 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.
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• Victim advocate: work with prosecutors and assist the victims of a crime.
• web site owner: refers to the governmental entity that:

  Indiana Code 5-14-3.3-9

• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5