Terms Used In Indiana Code > Title 5 > Article 2 > Chapter 23 - Restitution for Wrongfully Incarcerated Persons

• actual savings: includes stipulated savings. See Indiana Code 36-1-12.5-0.5
• actually innocent: means , with respect to a particular offense, that a person:

  Indiana Code 5-2-23-2

• 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.
• 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}
• 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.
• applicant: means a contractor or the subcontractor who seeks to do business with an entity. See Indiana Code 36-1-9.5-3
• application: means the act of filing a statement with an entity to request qualification to perform work. See Indiana Code 36-1-9.5-4
• 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.
• 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
• award: means the acceptance by an entity of a bid and authorization by an entity to enter into a contract with the bidder. See Indiana Code 36-1-9.5-5
• 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}
• bidder: means an individual, a partnership, a firm, a limited liability company, a corporation, or other person submitting a bid for advertised work. See Indiana Code 36-1-9.5-7
• certificate of qualification: means the official document that qualifies a contractor to bid on contracts of an entity that require prequalification under this chapter. See Indiana Code 36-1-9.5-8
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• contract: means the written agreement between an entity and a contractor setting forth the obligations of the parties. See Indiana Code 36-1-9.5-9
• Contract: A legal written agreement that becomes binding when signed.
• contractor: means an individual, a partnership, a firm, a limited liability company, a corporation, or other person contracting with or desiring to contract with an entity for performance of prescribed work. See Indiana Code 36-1-9.5-10
• 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.
• covered person: means any of the following:

  Indiana Code 36-1-8.5-2

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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}
• employee of the department of child services: means an individual who is or was employed as any of the following by the department of child services established by IC 31-25-1-1:

  Indiana Code 36-1-8.5-2.5

• entity: means the following:

  Indiana Code 36-1-9.5-11

• 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.
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing body: means the following:

  Indiana Code 36-1-12.5-1.5

• Grantor: The person who establishes a trust and places property into it.
• guaranteed savings contract: refers to a contract entered into under this chapter, in which a qualified provider enters into an agreement with the governing body to:

  Indiana Code 36-1-12.5-2

• 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.
• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• industry engineering standards: includes the following:

  Indiana Code 36-1-12.5-2.5

• judge: means an individual who holds or formerly held office as:

  Indiana Code 36-1-8.5-3

• 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: means an individual who is employed or was formerly employed as:

  Indiana Code 36-1-8.5-4

• 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}
• Leasing agent: means the board or officer of a political subdivision or agency with the power to lease structures. See Indiana Code 36-1-10-2
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• 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.
• Parking facility: refers to a parking facility as defined in IC 36-9-1. See Indiana Code 36-1-10-2
• 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.
• 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.
• 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.
• Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
• prequalification administrator: means the administrative officer of an entity who is responsible for the administration of the qualification of contractors under this chapter. See Indiana Code 36-1-9.5-14
• 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.
• program participant: has the meaning set forth in Indiana Code 36-1-8.5-4.3
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• proposal: means an offer of a bidder, on a prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. See Indiana Code 36-1-9.5-15
• public official: means an individual who holds or formerly held office at any time during the preceding four (4) years in the executive or legislative branch of the state or federal government or a political subdivision of the state or federal government. See Indiana Code 36-1-8.5-4.5
• public property data base web site: means an Internet web site that:

  Indiana Code 36-1-8.5-5

• public work: means the construction, reconstruction, alteration, or renovation of a public building, airport facility, or other structure that is paid for out of a public fund or out of a special assessment. See Indiana Code 36-1-12-2
• qualified provider: means the following:

  Indiana Code 36-1-12.5-3

• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• related capital expenditures: includes capital costs that:

  Indiana Code 36-1-12.5-3.5

• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• revenues: include only revenues of a municipal water or wastewater utility operated by a political subdivision. See Indiana Code 36-1-12.5-0.6
• 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
• Statute: A law passed by a legislature.
• Structure: means :

  Indiana Code 36-1-10-2

• subcontractor: means an individual, a partnership, a firm, a limited liability company, a corporation, or other person to whom a contractor sublets part of a contract. See Indiana Code 36-1-9.5-16
• surety: means a corporate body bound with and for the contractor for the following:

  Indiana Code 36-1-9.5-17

• System: means :

  Indiana Code 36-1-10-2

• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transportation project: means a road or highway project jointly undertaken by the Indiana department of transportation and any county through which a toll road project under IC 8-15-2 passes. See Indiana Code 36-1-10-2
• 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
• utility efficiency program: refers to an energy, a water, or a wastewater efficiency program that:

  Indiana Code 36-1-12.5-4

• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5