Terms Used In Indiana Code > Title 7.1 > Article 3
- 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.
- alcohol server: means the following:
Indiana Code 7.1-3-1.5-1
- allowable event: has the meaning set forth in Indiana Code 7.1-3-6.1-1
- 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.
- 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.
- applicant: means a person who applies for a trainer certificate under this chapter to train:
Indiana Code 7.1-3-1.5-1.2
- applicant: means a person that applies to the commission for a direct wine seller's permit. See Indiana Code 7.1-3-26-2
- artisan distiller: means a person who holds an artisan distiller's permit under this title. See Indiana Code 7.1-3-27-1
- 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
- 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.
- brandy: has the meaning set forth in Indiana Code 7.1-3-7.5-1
- certified trainer: means a person who is issued a trainer certificate under section 4. See Indiana Code 7.1-3-1.5-1.3
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- consumer: means an individual with an Indiana address who purchases wine from a seller. See Indiana Code 7.1-3-26-3
- Continuance: Putting off of a hearing ot trial until a later time.
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- dealer permittee: means a person who holds a liquor dealer permit under Indiana Code 7.1-3-1.5-2
- Decedent: A deceased person.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Docket: A log containing brief entries of court proceedings.
- 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
- 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
- existing wholesaler: means a beer wholesaler who distributes a product at the time a successor primary source of supply acquires rights to a product under section 5 of this chapter. See Indiana Code 7.1-3-25-1
- 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.
- Felony: A crime carrying a penalty of more than a year in prison.
- fraternal club: means an association or corporation whose membership is comprised of or forms:
Indiana Code 7.1-3-20-7
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- keg: means a brewery sealed individual container of beer:
Indiana Code 7.1-3-6.5-1
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5
- minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- 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.
- Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
- online course: means a course of instruction:
Indiana Code 7.1-3-1.6-2
- Oversight: Committee review of the activities of a Federal agency or program.
- participant: means a person who participates in an alcohol server program. See Indiana Code 7.1-3-1.6-3
- 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 a person who is not a permittee. See Indiana Code 7.1-3-6.5-2
- 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.
- Population: has the meaning set forth in Indiana Code 1-1-4-5
- 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.
- product: means an existing brand of:
Indiana Code 7.1-3-25-2
- program: refers to a program designed to educate an alcohol server on the:
Indiana Code 7.1-3-1.5-3
- 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.
- qualified organization: has the meaning set forth in Indiana Code 7.1-3-6.1-2
- qualified organization: has the meaning set forth in Indiana Code 7.1-3-6.2-1
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- 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).
- retailer permittee: means a person who holds a:
Indiana Code 7.1-3-1.5-4
- self-study course: means a course of instruction:
Indiana Code 7.1-3-1.6-4
- seller: means the holder of a direct wine seller's permit issued under this chapter. See Indiana Code 7.1-3-26-4
- server certificate: means a certificate issued by the commission under this chapter to an individual who completes a program established or approved under section 6 of this chapter. See Indiana Code 7.1-3-1.5-4.2
- server program: refers to a program designed to educate an alcohol server on the:
Indiana Code 7.1-3-1.5-4.3
- 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
- successor: means a primary source of supply that acquires rights to a product under section 5 of this chapter. See Indiana Code 7.1-3-25-3
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- trainer certificate: means a certificate issued by the commission under this chapter to an applicant who meets the requirements under section 4. See Indiana Code 7.1-3-1.5-4.4
- trainer program: refers to a program designed to educate an individual on the training of alcohol servers on the:
Indiana Code 7.1-3-1.5-4.5
- 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
- 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
- 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