Terms Used In Indiana Code > Title 4 > Article 22 - Administrative Rules and Procedures
- accredited college or university: refers to a college or university that is accredited by one (1) of the following regional accrediting agencies:
Indiana Code 24-4-11-2
- Accredited investor: has the meaning set forth in 17 C. See Indiana Code 23-19-1-2
- 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.
- affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See Indiana Code 24-3-3-3
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- agency: has the meaning set forth in IC 4-22-2-3. See Indiana Code 4-22-10-1
- Agent: means an individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities or represents an issuer in effecting or attempting to effect purchases or sales of the issuer's securities. See Indiana Code 23-19-1-2
- Allegation: something that someone says happened.
- allocable share: means Allocable Share as that term is defined in the Master Settlement Agreement. See Indiana Code 24-3-3-4
- 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.
- 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
- 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.
- 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
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- authorized driver: means :
Indiana Code 24-4-9-1
- Bank: means :
Indiana Code 23-19-1-2
- 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.
- Basic cost of cigarettes: shall mean the invoice cost of cigarettes to the retailer or distributor, as the case may be, or the replacement cost of cigarettes to the retailer or distributor, as the case may be, within thirty (30) days prior to the date of sale, in the quantity last purchased, whichever is the lower, less all trade discounts and customary discounts for cash, plus the cost at full face value of any stamps which may be required by IC 6-7-1, if not included by the manufacturer in his selling price to the distributor. See Indiana Code 24-3-2-2
- 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
- Bequest: Property gifted by will.
- Bid: means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture. See Indiana Code 24-1-5-1
- Blind selling: means the bidding or negotiating for, or the offering or agreeing to terms for, the licensing or exhibition of a motion picture before the motion picture has either been trade screened within the state or before such motion picture has been made available for viewing within the state by all exhibitors from whom the distributor is inviting bids or with whom the distributor is negotiating for the right to exhibit the motion picture. See Indiana Code 24-1-5-1
- board: refers to the American Board of Industrial Hygiene, a nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene by certifying individuals who meet its education, experience, and examination requirements. See Indiana Code 24-4-11-3
- brand family: means cigarettes that are:
Indiana Code 24-3-5.4-1
- Broker-dealer: means a person engaged in the business of effecting transactions in securities for the account of others or for the person's own account. See Indiana Code 23-19-1-2
- Cigarette: shall mean and include any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material; provided the definition in this paragraph shall not be construed to include cigars. See Indiana Code 24-3-2-2
- cigarette: includes "roll-your-own" tobacco (i. See Indiana Code 24-3-3-5
- cigarette: has the meaning set forth in IC 24-3-2-2(a). See Indiana Code 24-3-4-2
- cigarette: has the meaning set forth in IC 6-7-1-2. See Indiana Code 24-3-5-0.1
- circulating product: includes :
Indiana Code 24-4-5-1.1
- claimant: means a victim filing an application for restitution assistance under this chapter. See Indiana Code 23-20-1-1
- 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 alcohol and tobacco commission created by IC 7. See Indiana Code 24-3-5-0.3
- commission: means the alcohol and tobacco commission created by IC 7. See Indiana Code 24-3-5.4-3
- commission: means compensation that accrues to a sales representative, for payment by a principal, at a rate expressed as a percentage of the dollar amount of orders taken or sales made by the sales representative. See Indiana Code 24-4-7-1
- commissioner: refers to the securities commissioner appointed by the secretary of state under IC 23-19-6-1(a). See Indiana Code 23-19-7-1
- Commissioner: means the securities commissioner appointed under IC 23-19-6-1(a). See Indiana Code 23-19-1-2
- common enterprise: means an enterprise in which the fortunes of the investor are interwoven with those of either the person offering the investment, a third party, or other investors; and
Indiana Code 23-19-1-2
- 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.
- Consumer: shall be deemed to mean an individual, firm, partnership, association, limited liability company, or corporation who buys for his or its own use, or for the use of another but not for resale. See Indiana Code 24-4-3-1
- 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.
- corporation: includes a corporation organized under or governed by this chapter and a domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Indiana Code 23-17-16-1
- Cost to the distributor: shall mean the basic cost of cigarettes to the distributor, plus the cost of doing business by the distributor as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses, paid or incurred, and must include without limitation labor costs (including salaries of executives and officers), rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising. See Indiana Code 24-3-2-2
- Cost to the retailer: shall mean the basic cost of cigarettes to the retailer, plus the cost of doing business by the retailer as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses paid or incurred and must include without limitation labor (including salaries of executives and officers), rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising; however, any retailer who, in connection with the retailer's purchase, receives not only the discounts ordinarily allowed upon purchases by a retailer, but also, in whole or in part, discounts ordinarily allowed on purchases by a distributor shall, in determining costs to the retailer pursuant to this section, add the cost to the distributor, as defined in paragraph (j), to the basic cost of cigarettes to said retailer as well as the cost of doing business by the retailer. See Indiana Code 24-3-2-2
- covered document: means any document that:
Indiana Code 4-22-10-2
- customer: means a person who:
Indiana Code 24-4-14-2
- damage: means physical damage or loss to a vehicle, including loss of use of the vehicle and the cost and expenses incident to any damage or loss. See Indiana Code 24-4-9-3
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- defibrillator: means an automated external defibrillator. See Indiana Code 24-4-15-1
- delivery container: means a permanent container used by:
Indiana Code 24-4-5-1.2
- delivery period: means a period during which a shared vehicle is delivered to a location identified in the shared vehicle agreement before the vehicle sharing start time. See Indiana Code 24-4-9.2-1
- delivery sale: means a transaction for the purchase of tobacco products in which an offer to purchase tobacco products is made:
Indiana Code 24-3-5-1
- Department: shall mean the alcohol and tobacco commission or its duly authorized assistants and employees. See Indiana Code 24-3-2-2
- department: refers to the department of state revenue. See Indiana Code 24-3-4-3
- department: means the department of state revenue. See Indiana Code 24-3-5.4-4
- Dependent: A person dependent for support upon another.
- Depository institution: means :
Indiana Code 23-19-1-2
- Devise: To gift property by will.
- direct molding process: means any process by which a manufactured watercraft or its component part is used as a plug for the making of a mold from which a duplicate of the watercraft or component is made. See Indiana Code 24-4-8-1
- director: means an individual who is or was a director of a corporation or an individual who, while a director of a corporation, is or was serving at the corporation's request as a director, an officer, a member, a manager, a partner, a trustee, an employee, or an agent of another foreign or domestic corporation, limited liability company, partnership, joint venture, trust, employee benefit plan, or other enterprise, whether for profit or not. See Indiana Code 23-17-16-2
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Distributor: means a person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing. See Indiana Code 24-1-5-1
- Distributor: shall mean and include every person who sells, barters, exchanges, or distributes cigarettes in the state of Indiana to retail dealers for the purpose of resale, or who purchases for resale cigarettes from a manufacturer of cigarettes or from a wholesaler, jobber, or distributor outside the state of Indiana who is not a distributor holding a registration certificate issued under the provisions of IC 6-7-1. See Indiana Code 24-3-2-2
- distributor: includes the following:
Indiana Code 24-3-5-1.5
- distributor: means a person that:
Indiana Code 24-3-5.4-5
- division: refers to the securities division of the office of the secretary of state. See Indiana Code 23-19-7-2
- division: refers to the securities division of the office of the secretary of state. See Indiana Code 23-20-1-2
- Docket: A log containing brief entries of court proceedings.
- Donor: The person who makes a gift.
- education: means :
Indiana Code 24-4-11-5
- 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
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- 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.
- Executor: A male person named in a will to carry out the decedent
- exhibition: means showing a motion picture to the public for a charge. See Indiana Code 24-1-5-1
- Exhibitor: means a person engaged in the business of operating one (1) or more theaters. See Indiana Code 24-1-5-1
- expenses: includes attorney's fees. See Indiana Code 23-17-16-3
- experience: means the completion of professional level work sufficient to provide competence in the following:
Indiana Code 24-4-11-6
- 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 covered investment adviser: means a person registered under the Investment Advisers Act of 1940. See Indiana Code 23-19-1-2
- Federal covered security: means a security that is, or upon completion of a transaction will be, a covered security under Section 18(b) of the Securities Act of 1933 (15 U. See Indiana Code 23-19-1-2
- 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
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: A trustee, executor, or administrator.
- Filing: means the receipt under this article of a record by the commissioner or a designee of the commissioner. See Indiana Code 23-19-1-2
- financial exploitation: means the wrongful or unauthorized taking, withholding, appropriation, or use of money, real property, or personal property of a financially vulnerable adult. See Indiana Code 23-19-4.1-1
- financially vulnerable adult: means an individual to whom one (1) or more of the following apply:
Indiana Code 23-19-4.1-2.1
- 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.
- 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.
- fund: refers to the securities restitution fund established by IC 23-20-1-25. See Indiana Code 23-19-7-3
- fund: refers to the securities restitution fund established by section 25 of this chapter. See Indiana Code 23-20-1-3
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- 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,
- Guaranteed: means guaranteed as to payment of all principal, dividends, and interest. See Indiana Code 23-19-1-2
- 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.
- health club: means an establishment at which:
Indiana Code 24-4-15-2
- Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
- immediate family member: means a spouse, child, parent, or sibling. See Indiana Code 23-19-4.1-3
- importer: means a person that imports, other than for personal consumption, one (1) or more brand families of a nonparticipating manufacturer. See Indiana Code 24-3-5.4-5.5
- Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Indiana Code 24-2-3-2
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- 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.
- industrial hygiene: means the science and practice of anticipating, recognizing, evaluating, and controlling the environmental factors and stresses arising in or from the workplace that may cause sickness, impaired health and well-being, or significant discomfort among workers and the general community. See Indiana Code 24-4-11-7
- infant formula: means any food manufactured, packaged, and labeled specifically for sale for consumption by a child under two (2) years of age. See Indiana Code 24-4-12-5
- informant: means an individual who provides original information concerning a violation of this article to the division. See Indiana Code 23-19-7-4
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Institutional investor: means any of the following, whether acting for itself or for others in a fiduciary capacity:
Indiana Code 23-19-1-2
- Insurance company: means a company organized as an insurance company whose primary business is writing insurance or reinsuring risks underwritten by insurance companies and which is subject to supervision by the insurance commissioner or a similar official or agency of a state. See Indiana Code 23-19-1-2
- Insured: means insured as to payment of all principal and all interest. See Indiana Code 23-19-1-2
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- interim: refers to the following:
Indiana Code 2-5-1.3-1
- International banking institution: means an international financial institution of which the United States is a member and whose securities are exempt from registration under the Securities Act of 1933. See Indiana Code 23-19-1-2
- 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.
- Investment adviser: means a person that, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. See Indiana Code 23-19-1-2
- Investment adviser representative: means an individual employed by or associated with an investment adviser or federal covered investment adviser and who makes any recommendations or otherwise gives investment advice regarding securities, manages accounts or portfolios of clients, determines which recommendation or advice regarding securities should be given, provides investment advice or holds herself or himself out as providing investment advice, receives compensation to solicit, offer, or negotiate for the sale of or for selling investment advice, or supervises employees who perform any of the foregoing. See Indiana Code 23-19-1-2
- invite bids: means a written or oral solicitation by a distributor to one (1) or more exhibitors to bid for the right to exhibit a motion picture. See Indiana Code 24-1-5-1
- Issuer: means a person that issues or proposes to issue a security, subject to the following:
Indiana Code 23-19-1-2
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- 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.
- law enforcement officer: has the meaning set forth in IC 35-31. See Indiana Code 24-3-4-5
- 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
- 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.
- liability: means the obligation to pay a judgment, settlement, penalty, fine, including an excise tax assessed with respect to an employee benefit plan, or reasonable expenses actually incurred with respect to a proceeding. See Indiana Code 23-17-16-4
- 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.
- manufacturer: means a person who manufactures a recording. See Indiana Code 24-4-10-1
- manufacturer: means a person who manufactures a product made from tobacco that is made for smoking or chewing, including snuff. See Indiana Code 24-3-4-6
- Master Settlement Agreement: means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. See Indiana Code 24-3-3-6
- master settlement agreement: has the meaning set forth in IC 24-3-3-6. See Indiana Code 24-3-5.4-6
- medical device: means an instrument, an apparatus, an implement, a machine, a contrivance, an implant, an in vitro reagent, a tool, or other similar or related article, including a component part or an accessory:
Indiana Code 24-4-12-7
- merchant: means a person or an entity that engages in the selling of tobacco products by delivery sale. See Indiana Code 24-3-5-2
- Misappropriation: means :
Indiana Code 24-2-3-2
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- mold: means any pattern, hollow form, matrix, or other device for giving shape or form to material in a plastic or molten state. See Indiana Code 24-4-8-2
- 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.
- motor vehicle insurance policy: means an insurance policy that provides:
Indiana Code 24-4-9.2-2
- new and unused property: means tangible personal property that:
Indiana Code 24-4-12-4
- newly qualified nonparticipating manufacturer: means a nonparticipating manufacturer:
Indiana Code 24-3-5.4-6.5
- 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.
- nonissuer distribution: means a transaction or distribution not directly or indirectly for the benefit of the issuer. See Indiana Code 23-19-1-2
- nonparticipating manufacturer: means a tobacco product manufacturer that is not a participating manufacturer. See Indiana Code 24-3-5.4-7
- Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
- 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.
- Offer to purchase: includes an attempt or offer to obtain, or solicitation of an offer to sell, a security or interest in a security for value. See Indiana Code 23-19-1-2
- official capacity: means the following:
Indiana Code 23-17-16-5
- original information: means information that:
Indiana Code 23-19-7-6
- out-of-pocket loss: means an amount equal to the amount of restitution ordered under any of the following:
Indiana Code 23-20-1-4
- Oversight: Committee review of the activities of a Federal agency or program.
- participating manufacturer: has the meaning set forth in IC 24-3-3-12(1). See Indiana Code 24-3-5.4-8
- 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.
- party: includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. See Indiana Code 23-17-16-6
- person: means an individual, a corporation, a limited liability company, a partnership, or another legal entity. See Indiana Code 24-4-9.2-5
- person: means an individual, partnership, limited liability company, corporation, association, or any other legal entity. See Indiana Code 24-4-10-2
- person: means an individual, a partnership, a corporation, a limited liability company, or another organization. See Indiana Code 24-4-14-5
- person: means an individual, a corporation, a limited liability company, a partnership, an association, a firm, or an educational institution. See Indiana Code 24-4-15-3
- person: includes a sole proprietorship, a partnership, a corporation, an association, a fiduciary, or an individual. See Indiana Code 23-20-1-5
- Person: includes one (1) or more individuals, partnerships, limited liability companies, associations, societies, trusts, organizations, or corporations. See Indiana Code 24-1-5-1
- Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See Indiana Code 23-19-1-2
- Person: means a natural person, limited liability company, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Indiana Code 24-2-3-2
- person: means an individual, partnership, committee, association, corporation, or any other organization or group of persons. See Indiana Code 24-3-3-3
- person: has the meaning set forth in IC 24-3-2-2(b). See Indiana Code 24-3-4-7
- Person: shall be deemed to mean a person, firm, partnership, association, limited liability company, or corporation. See Indiana Code 24-4-3-1
- person: means an individual, corporation, limited liability company, partnership, unincorporated association, estate, or trust. See Indiana Code 24-4-7-2
- person: means an individual, a firm, a partnership, limited liability company, an association, a joint stock company, a corporation, a trust, an estate, or any combination of individuals. See Indiana Code 24-4-9-4
- personal information: has the meaning set forth in IC 24-4. See Indiana Code 24-4-14-6
- Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
- Personal property: All property that is not real property.
- persons: whenever used in this chapter shall be deemed to include corporations, associations, limited liability companies, joint stock companies, partnerships, limited or otherwise, existing under or authorized by the laws of the state of Indiana, or of the United States, or of any state, territory, or district of the United States, or of any foreign country. See Indiana Code 24-1-2-10
- plain writing: means writing that is clear, concise, and well-organized, and follows other best practices appropriate to the subject or field and intended audience. See Indiana Code 4-22-10-3
- 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.
- 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.
- plug: means a manufactured item used to make a mold. See Indiana Code 24-4-8-3
- 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.
- Predecessor act: means IC 23-2-1 (before its repeal). See Indiana Code 23-19-1-2
- 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.
- Price amendment: means the amendment to a registration statement filed under the Securities Act of 1933 or, if an amendment is not filed, the prospectus or prospectus supplement filed under the Securities Act of 1933 that includes a statement of the offering price, underwriting and selling discounts or commissions, amount of proceeds, conversion rates, call prices, and other matters dependent upon the offering price. See Indiana Code 23-19-1-2
- principal: means a person who:
Indiana Code 24-4-7-3
- proceeding: means a threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. See Indiana Code 23-17-16-7
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- protective agencies: refers to both of the following:
Indiana Code 23-19-4.1-4
- Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- public record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Indiana Code 23-19-1-2
- qualified escrow fund: has the meaning set forth in IC 24-3-3-7. See Indiana Code 24-3-5.4-9
- qualified individual: means an individual associated with a broker-dealer or investment adviser who serves in a supervisory, compliance, or legal capacity as part of the individual's job. See Indiana Code 23-19-4.1-5
- Quorum: The number of legislators that must be present to do business.
- Recess: A temporary interruption of the legislative business.
- recording: means a tangible medium upon which sounds or visual images are recorded or stored. See Indiana Code 24-4-10-3
- registrant: means a supplier of a circulating product or the owner of a delivery container who has filed under section 1 of this chapter a description of a name, mark, or device used to indicate the ownership of the circulating product or delivery container. See Indiana Code 24-4-5-1.3
- Registration certificate: refers to the registration certificate issued to cigarette distributors by the department of state revenue under IC 6-7-1-16. See Indiana Code 24-3-2-2
- released claims: means Released Claims as that term is defined in the Master Settlement Agreement. See Indiana Code 24-3-3-8
- releasing parties: means Releasing Parties as that term is defined in the Master Settlement Agreement. See Indiana Code 24-3-3-9
- 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.
- rental agreement: means a written contract:
Indiana Code 24-4-9-5
- rental company: means any person engaged in the business of regularly making available, or arranging for another person to use, a vehicle under a rental agreement. See Indiana Code 24-4-9-7
- renter: means a person who obtains the use of a vehicle from a rental company under a rental agreement. See Indiana Code 24-4-9-6
- 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.
- Retailer: shall mean every person, other than a distributor, who purchases, sells, offers for sale, or distributes cigarettes to consumers or to any person for any purpose other than resale, irrespective of quantity or amount or the number of sales. See Indiana Code 24-3-2-2
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- Run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See Indiana Code 24-1-5-1
- Sale: includes every contract of sale, contract to sell, or disposition of a security or interest in a security for value, and "offer to sell" includes every attempt or offer to dispose of, or solicitation of an offer to purchase, a security or interest in a security for value. See Indiana Code 23-19-1-2
- sales representative: means a person who:
Indiana Code 24-4-7-4
- second-hand watch: shall be deemed to mean:
Indiana Code 24-4-3-1
- Securities and Exchange Commission: means the United States Securities and Exchange Commission. See Indiana Code 23-19-1-2
- securities violation: means a violation of any of the following:
Indiana Code 23-20-1-6
- Security: means a note; stock; treasury stock; security future; bond; debenture; evidence of indebtedness; certificate of interest or participation in a profit-sharing agreement; collateral trust certificate; preorganization certificate or subscription; transferable share; investment contract; voting trust certificate; certificate of deposit for a security; fractional undivided interest in oil, gas, or other mineral rights; put, call, straddle, option, or privilege on a security, certificate of deposit, or group or index of securities, including an interest therein or based on the value thereof; put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency; or, in general, an interest or instrument commonly known as a "security"; or a certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. See Indiana Code 23-19-1-2
- Self-regulatory organization: means a national securities exchange registered under the Securities Exchange Act of 1934, a national securities association of broker-dealers registered under the Securities Exchange Act of 1934, a clearing agency registered under the Securities Exchange Act of 1934, or the Municipal Securities Rulemaking Board established under the Securities Exchange Act of 1934. See Indiana Code 23-19-1-2
- 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.
- shared vehicle: means a vehicle that a shared vehicle owner has made available for P2P vehicle sharing with a shared vehicle driver through a P2P vehicle sharing program. See Indiana Code 24-4-9.2-6
- shared vehicle agreement: means a written contract:
Indiana Code 24-4-9.2-11
- shared vehicle driver: means a person who:
Indiana Code 24-4-9.2-7
- shared vehicle owner: means an individual who makes a shared vehicle available for P2P vehicle sharing with a shared vehicle driver through a P2P vehicle sharing program. See Indiana Code 24-4-9.2-8
- Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
- small business: has the meaning set forth in IC 5-28-2-6. See Indiana Code 4-22-2.1-4
- small business ombudsman: refers to the small business ombudsman designated under IC 5-28-17-6. See Indiana Code 4-22-2.1-4.5
- stamping agent: means a person that may affix a stamp to a package of cigarettes under IC 6-7-1-15. See Indiana Code 24-3-5.4-10
- standing committee: means the following:
Indiana Code 2-5-1.3-2
- start time: means the time, as identified in the shared vehicle agreement, when the shared vehicle driver is authorized to use a shared vehicle. See Indiana Code 24-4-9.2-9
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Indiana Code 23-19-1-2
- state agency: means any state administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, officer, service, or other similar body of state government established by law, resolution, or executive order. See Indiana Code 4-22-6-1
- state department: refers to the state department of health. See Indiana Code 24-4-15-4
- 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.
- study committee: means an interim study committee established by section 4 of this chapter. See Indiana Code 2-5-1.3-3
- Subpoena: A command to a witness to appear and give testimony.
- termination time: means the earliest of the following events:
Indiana Code 24-4-9.2-10
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Theater: means an establishment in which motion pictures are exhibited to the public regularly for a charge. See Indiana Code 24-1-5-1
- tobacco product manufacturer: means an entity that after June 30, 1999, directly (and not exclusively through any affiliate):
Indiana Code 24-3-3-10
- tobacco product manufacturer: has the meaning set forth in IC 24-3-3-10. See Indiana Code 24-3-5.4-11
- 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.
- Trade screening: means the showing of a motion picture by a distributor at some location within the state which is open to any exhibitor from whom the distributor intends to invite bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture. See Indiana Code 24-1-5-1
- Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
Indiana Code 24-2-3-2
- 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
- units sold: means the number of individual cigarettes sold in Indiana by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question. See Indiana Code 24-3-3-11
- units sold: has the meaning set forth in IC 24-3-3-11. See Indiana Code 24-3-5.4-12
- unused property market: means an event:
Indiana Code 24-4-12-2
- unused property merchant: means a person, other than a vendor or a merchant with an established retail store in the county, who transports an inventory of goods to a building, vacant lot, or other unused property market location and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail. See Indiana Code 24-4-12-3
- vehicle: means a private passenger motor vehicle primarily designed for transporting passengers. See Indiana Code 24-4-9-8
- vehicle license cost recovery fee: means a charge imposed by a rental company to recover costs incurred by the rental company in licensing, titling, registering, plating, and inspecting a vehicle. See Indiana Code 24-4-9-8.5
- vehicle sharing period: means a period beginning with:
Indiana Code 24-4-9.2-12
- Venue: The geographical location in which a case is tried.
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
- veteran: includes "Hoosier veteran" and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. See Indiana Code 1-1-4-5
- victim: means an individual who suffers monetary injury as a result of a securities violation. See Indiana Code 23-20-1-7
- waiver: means any contract or contract provision, whether separate from or a part of a rental agreement, under which a rental company agrees to waive all claims against the renter for any physical or mechanical damage or other loss or liability, as described in section 13 of this chapter, to or in connection with the rented vehicle during the term of the rental agreement. See Indiana Code 24-4-9-2
- watercraft: means any instrumentality or device in or by means of which a person may be transported upon waters and includes a motorboat, sailboat, rowboat, skiff, dinghy, or canoe of whatever length or size. See Indiana Code 24-4-8-4
- 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