Terms Used In Louisiana Codes > Civil Code > PRELIMINARY TITLE > Title II > Chapter 5 - Donations Inter Vivos

• Affected court: means any appellate, district, parish, city, municipal, traffic, juvenile, justice of the peace, or family court having jurisdiction over criminal prosecutions and proceedings for which the Louisiana Supreme Court has made a determination that the court shall conduct emergency sessions outside its parish or territorial jurisdiction as provided for by the provisions of this Title. See Louisiana Code of Criminal Procedure 942
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• application for post conviction relief: means a petition filed by a person in custody after sentence following conviction for the commission of an offense seeking to have the conviction and sentence set aside. See Louisiana Code of Criminal Procedure 924
• 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
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• 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.
• 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}
• Capital offense: A crime punishable by death.
• Caretaker: means any person legally obligated to provide or secure adequate care for a child, including a parent, tutor, guardian, legal custodian, foster home parent, an employee or an operator of an early learning center as defined in La. See Louisiana Children's Code 603
• Caretaker: means any person providing a residence for the child or any person legally obligated to provide or secure adequate care for the child, including a parent, tutor, guardian, or legal custodian. See Louisiana Children's Code 728
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child: means a person under eighteen years of age who, prior to proceedings under this Title, has not been judicially emancipated or emancipated by marriage. See Louisiana Children's Code 728
• Child: means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age. See Louisiana Children's Code 804
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Custody: means detention or confinement, or probation or parole supervision, after sentence following conviction for the commission of an offense. See Louisiana Code of Criminal Procedure 924
• Delinquent act: means an act committed by a child of ten years of age or older which if committed by an adult is designated an offense under the statutes or ordinances of this state, or of another state if the offense occurred there, or under federal law, except traffic violations. See Louisiana Children's Code 804
• Department: means the Department of Children and Family Services. See Louisiana Children's Code 725.1
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• DNA testing: means any method of testing and comparing deoxyribonucleic acid that would be admissible under the Louisiana Code of Evidence. See Louisiana Code of Criminal Procedure 924
• Docket: A log containing brief entries of court proceedings.
• Emergency sessions: means any criminal court proceeding conducted by an affected court as authorized by the provisions of this Title and by order of the Louisiana Supreme Court. See Louisiana Code of Criminal Procedure 942
• Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
• 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.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Host jurisdiction: means the location or locations in which the Louisiana Supreme Court has ordered the affected court to conduct emergency sessions. See Louisiana Code of Criminal Procedure 942
• Inter vivos: Transfer of property from one living person to another living person.
• Jurisprudence: The study of law and the structure of the legal system.
• 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}
• Neglect: means the refusal or unreasonable failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child, as a result of which the child's physical, mental, or emotional health, welfare, and safety is substantially threatened or impaired. See Louisiana Children's Code 603
• 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.
• 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: 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.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• 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).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Runaway: means the continued absence of the child from the home of his caretaker without the caretaker's consent. See Louisiana Children's Code 728
• Safe house: means a residential facility or a shelter care facility operated by an authorized agency, including a nonprofit agency, with experience in providing services to sexually exploited children and approved by the department to provide shelter for sexually exploited children. See Louisiana Children's Code 725.1
• Service of process: The service of writs or summonses to the appropriate party.
• Sexually exploited child: means any person under the age of eighteen who has been subject to sexual exploitation because the person either:

              (a) Is a victim of trafficking of children for sexual purposes under La. See Louisiana Children's Code 725.1

• Statute: A law passed by a legislature.
• 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.
• Truant: means the repeated or habitual unauthorized absence or tardiness of a child from school pursuant to the provisions of La. See Louisiana Children's Code 728
• True bill: Another word for indictment.
• Ungovernable: means the child's habitual disregard of the lawful and reasonable demands of his caretakers and that the child is beyond their control. See Louisiana Children's Code 728
• Unknown sample: means a biological sample from an unknown donor constituting evidence of the commission of an offense or tending to prove the identity of the perpetrator of an offense. See Louisiana Code of Criminal Procedure 924
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.