Sections
Part 1 General Provisions and Definitions 10:4-101 – 10:4-111
Part 2 Collection of Items: Depositary and Collecting Banks 10:4-201 – 10:4-216
Part 3 Collection of Items: Payor Banks 10:4-301 – 10:4-303
Part 4 Relationship Between Payor Bank and Its Customers 10:4-401 – 10:4-407
Part 5 Collection of Documentary Drafts 10:4-501 – 10:4-504

Terms Used In Louisiana Revised Statutes > Title 10 > Chapter 4 - Bank Deposits and Collections

  • Account: means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit;

    (2)  "Afternoon" means the period of a day between noon and midnight;

    (3)  "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions;

    (4)  "Clearing house" means an association of banks or other payors regularly clearing items;

    (5)  "Customer " means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank;

    (6)  "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (La. See Louisiana Revised Statutes 10:4-104

  • Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the annuity savings fund together with regular interest thereon as provided in Part VII of this Chapter. See Louisiana Revised Statutes 11:1581
  • Accumulated contributions: means the sum of all amounts deducted from a member's compensation and credited to his individual account in the annuity savings fund. See Louisiana Revised Statutes 11:1732
  • Accumulated employee contributions: means the sum of all amounts deducted from a member's salary and paid to the fund. See Louisiana Revised Statutes 11:1503
  • Actuarial equivalent: shall mean a benefit of equal value when computed upon the basis of such mortality and interest tables as shall be adopted by the board of trustees. See Louisiana Revised Statutes 11:1732
  • Actuarial equivalent: shall mean the amount required to fund the member's annuity based upon the calculations of the actuary on the basis of mortality tables approved by the board of trustees and regular interest at a rate fixed by the board of trustees. See Louisiana Revised Statutes 11:2252
  • Actuarial equivalent: means a benefit of equivalent value to the accumulated contributions, annuity or benefits and regular interest, as the case may be, computed on the basis of such mortality and interest tables as shall be adopted by the board of trustees in accordance with the provisions of La. See Louisiana Revised Statutes 11:1402
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjusted service date: means the service date adjusted by the amount of any creditable service other than membership service, or for any periods of interrupted service, and from which all creditable service shall be calculated. See Louisiana Revised Statutes 11:1732
  • Adulterated meat: means any animal carcass, part thereof, meat or meat product, or any human or animal food additive or supplement containing or derived from animal protein, that bears or contains any bacteria, disease, microorganism, virus, or other pest that could cause serious illness or death in humans or animals or could cause animals to become economically unproductive. See Louisiana Revised Statutes 3:2130
  • Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this Part. See Louisiana Revised Statutes 3:1431
  • 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.
  • Agency: as used in this Chapter shall have the same meaning ascribed to it as provided in La. See Louisiana Revised Statutes 39:1556
  • Agreement: means the document of participation between a participating employer and the board, that sets forth the requirements and procedures for covering the employees of such participating employer under this system. See Louisiana Revised Statutes 11:1732
  • Agreement date: means the date as of which the provisions of this Chapter first become applicable to an employer. See Louisiana Revised Statutes 11:1732
  • Agricultural seed: means any lawn, flower, oil, grass, forage, cereal, fiber, or other kinds of crop seed sold, offered for sale, or used in Louisiana for agricultural or other purposes, and any combinations of such seeds. See Louisiana Revised Statutes 3:1431
  • Allegation: something that someone says happened.
  • Anesthesia: means a drug-induced loss of consciousness, by use of any anesthetic induction agent or otherwise, during which patients are not arousable even by painful stimulation, as defined by the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 40:1160.2
  • Annuity: shall mean payments for life derived from the "accumulated contributions" of a member. See Louisiana Revised Statutes 11:1581
  • Annuity reserve fund: means the fund in which shall be held the reserves for liabilities of retirees and beneficiaries. See Louisiana Revised Statutes 11:1732
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Apiary: means the assembly of one or more colonies of bees at a single location. See Louisiana Revised Statutes 3:2302
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a natural person or any individual who applies on behalf of a partnership, corporation, cooperative association, limited liability company, joint stock association, sole proprietorship, joint venture, business association, professional corporation, or any other legal entity or organization through which business is conducted for a grower, processor, handler, or industrial hemp seed producer license. See Louisiana Revised Statutes 3:1462
  • Applicant: means a person or place of business that makes a formal application for a license, permit, certification, registration, or certificate issued pursuant to this Title. See Louisiana Revised Statutes 3:1
  • Articles: means the original articles of incorporation and all amendments thereto including those contained in merger agreements or, if restated, the latest restatement thereof except in those instances in which the context refers expressly to the original articles of incorporation only. See Louisiana Revised Statutes 6:201
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Authorized agent: means the employee authorized by a participating employer to act as the coordinator between the board and the participating employer. See Louisiana Revised Statutes 11:1732
  • average final compensation: shall mean the average monthly compensation earned by an employee during any period of sixty successive months of service as an employee during which the earned compensation was the highest. See Louisiana Revised Statutes 11:1581
  • 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.
  • 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.
  • Beekeeper: means a person who owns one or more colonies of bees. See Louisiana Revised Statutes 3:2302
  • Beekeeping equipment: means anything that is used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards, and extractors. See Louisiana Revised Statutes 3:2302
  • Beneficiary: means the person designated in writing by a member to receive any benefits to which he may be entitled under this Chapter. See Louisiana Revised Statutes 11:1732
  • Beneficiary: shall mean any natural or juridical person or estate administrator designated to receive a pension, an annuity, a retirement allowance, or other benefit as provided by this Chapter. See Louisiana Revised Statutes 11:2252
  • Board: means the board of trustees of the Assessors' Retirement Fund. See Louisiana Revised Statutes 11:1402
  • Board: means the board of trustees of the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
  • board of trustees: means the board of trustees of this system. See Louisiana Revised Statutes 11:1732
  • Board of trustees: shall mean the board provided for in La. See Louisiana Revised Statutes 11:2252
  • Board of Trustees: shall mean the Board provided for in La. See Louisiana Revised Statutes 11:1581
  • Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted. See Louisiana Revised Statutes 39:1556
  • Capital: means the sum of capital stock, surplus, and undivided profits or, as to mutual state banks, as defined by La. See Louisiana Revised Statutes 6:201
  • Capital stock: means the sum of the par value of the shares outstanding plus any amounts in excess of par value transferred from surplus to capital stock in respect of such shares less any part of such amounts transferred from capital stock to surplus as permitted by this Chapter. See Louisiana Revised Statutes 6:201
  • Cattle: means all bovine animals, regardless of age, including calves. See Louisiana Revised Statutes 3:2053
  • Central purchasing agency: means the office of state procurement. See Louisiana Revised Statutes 39:1556
  • Change order: means a written order signed by the procurement officer, directing the contractor to make changes which the contract authorizes the procurement officer to order without the consent of the contractor. See Louisiana Revised Statutes 39:1556
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Chief procurement officer: means the person holding the position created in La. See Louisiana Revised Statutes 39:1556
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Collecting person: means :

    (a)  Any person who makes payment to a producer for cattle purchased in Louisiana. See Louisiana Revised Statutes 3:2053

  • Comb package: means a package of bees shipped or moved on a comb containing honey and/or brood, with or without a queen. See Louisiana Revised Statutes 3:2302
  • Commission: means the Agricultural Chemistry and Seed Commission. See Louisiana Revised Statutes 3:1431
  • Commission: means the Agricultural Chemistry and Seed Commission. See Louisiana Revised Statutes 3:1462
  • Commissioner: means the commissioner of agriculture of the state of Louisiana. See Louisiana Revised Statutes 3:2302
  • Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:2358.3
  • Commissioner: means the commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:1431
  • Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:1462
  • Competitive negotiation: means to negotiate for a contract through a request for proposals process or any other similar competitive selection process. See Louisiana Revised Statutes 39:1556
  • Competitive sealed bidding: means the receipt of bids protected from inspection prior to bid opening. See Louisiana Revised Statutes 39:1556
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Confidential information: means at least one of the following:

                (a) Patient-level data elements that could be used alone or in combination with other available data elements to identify a patient. See Louisiana Revised Statutes 40:1173.2

  • consulting service: includes the procurement of supplies and services by a contractor without the necessity of complying with provisions of the Louisiana Procurement Code when such supplies and services are either for insurance procured directly by a licensed insurance producer pursuant to La. See Louisiana Revised Statutes 39:1556
  • Contact: is a sex-sharing or needle-sharing partner, a person who has had contact with blood or body fluids to which universal precautions apply through percutaneous inoculation or contact with an open wound, non-intact skin, or mucous membrane, or a person who has otherwise been exposed to an HIV-infected person in such a way that infection may have occurred as defined by the Louisiana Department of Health regulations based upon guidelines of the United States Centers for Disease Control and Prevention. See Louisiana Revised Statutes 40:1171.2
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: means all types of state agreements, regardless of what they may be called, including orders and documents purporting to represent grants, which are for the purchase or disposal of supplies, services, major repairs, or any other item. See Louisiana Revised Statutes 39:1556
  • Contract modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. See Louisiana Revised Statutes 39:1556
  • Contractor: means any person having a contract with a governmental body. See Louisiana Revised Statutes 39:1556
  • Council: means the Louisiana Beef Industry Council established under this Part to administer and govern the program. See Louisiana Revised Statutes 3:2053
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Creditable service: means all periods of time for which credit is allowed towards any benefits of this Chapter. See Louisiana Revised Statutes 11:1732
  • Crop: means any cultivated plants that produce agricultural produce such as grains, seeds, fruits, vegetables, or flowers. See Louisiana Revised Statutes 3:1431
  • Data: means recorded information, regardless of form or characteristic. See Louisiana Revised Statutes 39:1556
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dental treatment: means those practices and procedures which fall within the definition of the practice of "dentistry" as that term is defined in La. See Louisiana Revised Statutes 40:1161.1
  • Department: means the Louisiana Department of Corrections. See Louisiana Revised Statutes 15:1151
  • Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1462
  • Department: means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act including, but not limited to, block grants or other funding for medical care of the poor. See Louisiana Revised Statutes 40:1167.3
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1173.2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1248.1
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated responsible party: means a natural person designated by the applicant or licensee as responsible for facility operations of the applicant or licensee facility. See Louisiana Revised Statutes 3:1462
  • Designee: means a duly authorized representative of a person holding a superior position. See Louisiana Revised Statutes 39:1556
  • Direct rollover: shall mean a payment by this system to the eligible retirement plan specified by the distributee. See Louisiana Revised Statutes 11:1732
  • Disability: means a condition which in the determination of the board renders an employee permanently and totally disabled, by bodily injury or disease, leaving him incapable of any employment, provided that such condition is not, directly or indirectly, the result of military service, engaging in a felonious criminal enterprise, habitual drunkenness or use of narcotics, intentionally self-inflicted injury, or declared war or enemy action. See Louisiana Revised Statutes 11:1732
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Diseased livestock: means any livestock that is infected with or carries any bacteria, disease, microorganism, virus, or other pest that could cause serious illness or death in humans or animals or could cause animals to become economically unproductive. See Louisiana Revised Statutes 3:2130
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distributee: shall mean a member of this system who receives a distribution of funds from this system. See Louisiana Revised Statutes 11:1732
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Draft: means a draft as defined in La. See Louisiana Revised Statutes 10:4-104
  • Drawee: means a person ordered in a draft to make payment. See Louisiana Revised Statutes 10:4-104
  • Earnable compensation: shall mean the full rate of compensation that would be payable to the member (employee) if he worked the full working time, including the expense allowance paid to the district attorney by the state of Louisiana. See Louisiana Revised Statutes 11:1581
  • Earnings: means the full amount of compensation earned by a member for service rendered as an employee, excluding bonuses or fees in excess of regular salary or retainer, overtime pay, or payments relative to termination of employment including but not limited to accrued sick or annual leave and severance pay. See Louisiana Revised Statutes 11:1732
  • Electronic: means electrical, digital, magnetic, optical, electromagnet, or any other similar technology. See Louisiana Revised Statutes 39:1556
  • Eligible patient: means a person to whom all of the following criteria apply:

                (a) Has a terminal illness. See Louisiana Revised Statutes 40:1169.3

  • Eligible retirement plan: shall mean any of the following which accepts a distributee's eligible rollover distribution:

                (i) An individual retirement account described in Section 408(a) of the United States Internal Revenue Code. See Louisiana Revised Statutes 11:1732

  • Eligible rollover distribution: shall mean any distribution made on or after December 1, 1994, of all or any portion of the balance to the credit of the distributee. See Louisiana Revised Statutes 11:1732
  • Employee: means a person including an elected official, actively employed by a participating employer on a permanent, regularly scheduled basis of at least an average of thirty-five hours per week. See Louisiana Revised Statutes 11:1732
  • Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any nonsalaried individual performing personal services for any governmental body. See Louisiana Revised Statutes 39:1556
  • Employee: shall mean any full-time firefighter or any person in a position as defined in the municipal fire and police civil service system who is employed by a fire department of any municipality, parish, or fire protection district of the state of Louisiana, excepting Orleans and Lafayette Parishes, and who is earning at least three hundred seventy-five dollars per month excluding state supplemental pay. See Louisiana Revised Statutes 11:2252
  • Employee: means any regular employee of a clerk, minute clerk, and employees of the Louisiana Clerks of Court Association, the Louisiana Clerks' of Court Retirement and Relief Fund, and the Louisiana Clerks of Court Insurance Fund, who works more than an average of twenty hours per week. See Louisiana Revised Statutes 11:1503
  • Employee: shall mean any district attorney of the state of Louisiana, or any assistant district attorney in any parish of the state of Louisiana. See Louisiana Revised Statutes 11:1581
  • Employer: shall mean any municipality, parish, or fire protection district in the state of Louisiana, excepting Orleans and Lafayette Parishes, which employs a full-time fireman, and the Firefighters' Retirement System. See Louisiana Revised Statutes 11:2252
  • Employer: shall mean any parish in the state of Louisiana; the state of Louisiana, or the police jury or any other governing body of a parish or political corporation or subdivision of the state of Louisiana which employs and pays persons as district attorneys or assistant district attorneys. See Louisiana Revised Statutes 11:1581
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Established catalog price: means the price included in a catalog, price list, schedule, or other form that:

                (a) Is regularly maintained by a manufacturer or contractor. See Louisiana Revised Statutes 39:1556

  • Ex officio: Literally, by virtue of one's office.
  • Examination: means a pelvic or rectal examination. See Louisiana Revised Statutes 40:1160.2
  • Excess benefit participant: shall mean any member whose retirement benefit, as determined on the basis of all qualified plans without regard to the limitations of La. See Louisiana Revised Statutes 11:1492
  • Executor: A male person named in a will to carry out the decedent
  • Farm-raised turtle: means any reptile of the order Testudines which is bred, born, raised, or kept, by a licensed turtle farmer within a closed circumscribed pond for the purpose of buying, selling, or trading in commerce. See Louisiana Revised Statutes 3:2358.3
  • 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
  • Fiduciary: means any person, firm, partnership, association, or state bank, including a usufructuary, who or which occupies a position of peculiar confidence toward any person, firm, association, partnership, trust, or estate. See Louisiana Revised Statutes 6:201
  • Final compensation: means the average monthly earnings during the highest sixty consecutive months or joined months if service was interrupted. See Louisiana Revised Statutes 11:1732
  • Final salary: means the average monthly earnings of a member during the twelve-month period immediately preceding his death or retirement. See Louisiana Revised Statutes 11:1732
  • Fiscal year: means the calendar period beginning July 1 and ending June 30 following. See Louisiana Revised Statutes 3:2053
  • Fiscal year: shall mean the twelve-month period ending on June 30th of each year. See Louisiana Revised Statutes 11:1732
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Assessors' Retirement Fund. See Louisiana Revised Statutes 11:1402
  • Fund: means the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
  • 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
  • Governing body: means the board or body in which the bond issuing power of a governmental unit is vested. See Louisiana Revised Statutes 13:5121
  • Governmental body: means any department, office, division, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch of state government. See Louisiana Revised Statutes 39:1556
  • Governmental entity: means any governmental unit which is not included in the definition of "governmental body" in this Section. See Louisiana Revised Statutes 39:1556
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grant: means the furnishing by the state of assistance, whether financial or otherwise, to any person to support a program authorized by law. See Louisiana Revised Statutes 39:1556
  • Grower: means any individual, partnership, corporation, cooperative association, or other business entity that is licensed by the department to cultivate industrial hemp. See Louisiana Revised Statutes 3:1462
  • 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.
  • Handler: means any individual, partnership, corporation, cooperative association, or other business entity that handles industrial hemp. See Louisiana Revised Statutes 3:1462
  • handling: means any of the following:

                (a) Transporting or delivering industrial hemp material in intrastate commerce for compensation. See Louisiana Revised Statutes 3:1462

  • Health care: means any act or treatment which was performed or furnished or which should have been performed or furnished by any person covered by this Part for, to, or on behalf of, a patient during the medical care, treatment or confinement of the patient. See Louisiana Revised Statutes 40:1237.1
  • Healthcare provider: means a physician or other healthcare practitioner licensed, certified, registered, or otherwise authorized to perform specified healthcare services consistent with state law. See Louisiana Revised Statutes 40:1160.2
  • HIPAA: means the Health Insurance Portability and Accountability Act, Pub. See Louisiana Revised Statutes 40:1173.2
  • HIV-related test: is a test which is performed solely to diagnose infection with human immunodeficiency virus (HIV). See Louisiana Revised Statutes 40:1171.2
  • hive: means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones; and includes brood, combs, honey, and the receptacle inhabited by the bees. See Louisiana Revised Statutes 3:2302
  • in writing: means the product of any method of forming characters on paper, other materials, or viewable screen, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. See Louisiana Revised Statutes 39:1556
  • 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 hemp: means the plant Cannabis sativa L. See Louisiana Revised Statutes 3:1462
  • Industrial hemp seed: means Cannabis sativa L. See Louisiana Revised Statutes 3:1462
  • Inert matter: is a ll matter not seeds including pieces of broken and damaged seeds one-half or less than the original size, sterile florets, fungus bodies, stones, and all matter considered as inert by the Association of Official Seed Analysts Rules for Testing Seeds. See Louisiana Revised Statutes 3:1431
  • informed consent: means consent to any dental treatment or course of dental treatment given by a patient:

                (1) After the patient has been informed in general terms of the nature and purpose of the dental treatment or course of dental treatment and those risks of death, brain damage, quadriplegia, paraplegia, the loss or loss of function of an organ or limb, or disfiguring scars, if any, associated with such dental treatment or course of dental treatment which would ordinarily have been disclosed under the same or similar circumstances by dentists with the same or similar training and experience; and

                (2) After the patient has been given an opportunity to ask questions concerning such dental treatment or course of dental treatment and his questions, if any, have been answered in a satisfactory manner. See Louisiana Revised Statutes 40:1161.1

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institutional provider: means a nongovernmental hospital licensed in accordance with the Hospital Licensing Law, La. See Louisiana Revised Statutes 40:1248.1
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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.
  • Invitation for bids: means all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in La. See Louisiana Revised Statutes 39:1556
  • Item: means an instrument or a promise or order to pay money handled by a bank for collection or payment. See Louisiana Revised Statutes 10:4-104
  • Labeling: includes all labels and other written, printed, or graphic representations accompanying and pertaining to any seed, whether in bulk or containers. See Louisiana Revised Statutes 3:1431
  • 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.
  • Learner: means any person enrolled in a medical, nursing, or allied health education program. See Louisiana Revised Statutes 40:1160.2
  • Licensure: means any license that the department is authorized to issue to a grower, seed producer, processor, or handler of industrial hemp. See Louisiana Revised Statutes 3:1462
  • Livestock: means any animal bred, kept, maintained, raised, or used for show, profit, or for the purpose of selling or otherwise producing crops, animals, or plant or animal products for market. See Louisiana Revised Statutes 3:2130
  • Lot of seed: is a definite quantity of seeds identified by a lot number or mark, every portion or bag of which is uniform, within permitted tolerances, relative to the factors which appear in the labeling. See Louisiana Revised Statutes 3:1431
  • Major repairs: means those repairs payable with funds appropriated in the general appropriations act, except those funds transferred from the operating budget of one governmental body to supplement and complete a project under contract by the division of administration facility planning and control section. See Louisiana Revised Statutes 39:1556
  • Maximum benefit: shall mean the retirement benefit a member is entitled to receive from the fund set forth in Part III of this Chapter, in any month after giving effect to La. See Louisiana Revised Statutes 11:1492
  • Medical board: means the board of physicians which shall arrange for or review medical examinations as required by this Chapter or applicable state laws. See Louisiana Revised Statutes 11:1732
  • Member: means a contributing employee who is covered under the provisions of this Chapter. See Louisiana Revised Statutes 11:1732
  • Member: shall include any employee, as defined in Paragraph (10) of this Section, included in the membership of this system as provided in La. See Louisiana Revised Statutes 11:2252
  • Member: shall include any employee, as defined in Paragraph (10) of this Section, included in the membership of this system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:1581
  • Minor child: means an unmarried child under the age of eighteen years or child who had a disability at the time of the member's death and who remains disabled, and "child" means the issue of a marriage of a member, the legally adopted child of a member, the natural child of a female member, or the child of a male member if a court of competent jurisdiction has made an order of filiation declaring the paternity of such a member for the child or the father has formally acknowledged the child. See Louisiana Revised Statutes 11:1732
  • Monthly average final compensation: means the average of a member's monthly salary during the highest compensated sixty consecutive months or successive joined months if service was interrupted. See Louisiana Revised Statutes 11:1503
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Negotiation: means the formulation of a contractual relationship through discussions as may be allowed under this Chapter. See Louisiana Revised Statutes 39:1556
  • 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.
  • Origin: means place, state, or foreign country where grown. See Louisiana Revised Statutes 3:1431
  • participating employer: shall mean :

                (i) Any incorporated city, town, or village in the state of Louisiana. See Louisiana Revised Statutes 11:1732

  • Patient: means a person who receives or has received medical treatment or services from an individual or institution licensed to provide medical treatment in this state. See Louisiana Revised Statutes 40:1160.2
  • Patient: means a natural person who receives dental treatment. See Louisiana Revised Statutes 40:1161.1
  • Paying hospital: means an institutional provider required by the provisions of this Subpart to make a local hospital assessment payment. See Louisiana Revised Statutes 40:1248.1
  • Performance-based energy efficiency contract: means a contract for energy efficiency services and equipment in which the payment obligation for each year of the contract is either:

                (a) Set as a percentage of the annual energy cost savings attributable to the services or equipment under the contract. See Louisiana Revised Statutes 39:1556

  • Person: means any natural person, partnership, corporation, company, association, society, trust, or other business unit or organization. See Louisiana Revised Statutes 3:2053
  • Person: means any individual, firm, or corporation. See Louisiana Revised Statutes 3:2302
  • Person: means any individual, partnership, association, organization, or corporation engaged in any phase of the farm-raised turtle industry. See Louisiana Revised Statutes 3:2358.3
  • Person: means any business, individual, union, committee, club, or other organization or group of individuals. See Louisiana Revised Statutes 39:1556
  • Person: means any individual, firm, corporation, association, or partnership. See Louisiana Revised Statutes 3:1431
  • Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
  • Personal healthcare representative: has the meaning as ascribed in La. See Louisiana Revised Statutes 40:1160.2
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Place of business: means a permanent location or a portion of a permanent location from which business, in a regulated profession or occupation, is transacted. See Louisiana Revised Statutes 3:1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan A: means the revised plan to replace a combination of the regular and supplemental plans, to be effective October 1, 1978, as outlined in Part III of this Chapter. See Louisiana Revised Statutes 11:1732
  • Plan B: means the revised plan to replace the regular plan, to be effective October 1, 1978, as outlined in Part IV of this Chapter. See Louisiana Revised Statutes 11:1732
  • 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:
  • 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.
  • Practicable: means that which can be done or put into practice; feasible. See Louisiana Revised Statutes 39:1556
  • 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.
  • Prior service: shall mean service rendered prior to the date of the establishment of this retirement system for which credit is allowable as provided in La. See Louisiana Revised Statutes 11:1581
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means converting industrial hemp into a marketable form. See Louisiana Revised Statutes 3:1462
  • Processor: means any individual, partnership, corporation, cooperative association, or other business entity that receives industrial hemp for processing into commodities or products. See Louisiana Revised Statutes 3:1462
  • Procurement: means the buying, purchasing, renting, leasing, or otherwise obtaining any supplies, services, or major repairs. See Louisiana Revised Statutes 39:1556
  • Procurement officer: means any person authorized by a governmental body, in accordance with procedures prescribed by regulations, to enter into and administer contracts and make written determinations and findings with respect thereto. See Louisiana Revised Statutes 39:1556
  • Producer: means any person who owns or acquires ownership of cattle, except that a person shall not be considered to be a producer if the person's only share in the proceeds of a sale of cattle or beef is a sales commission handling fee or other service fee. See Louisiana Revised Statutes 3:2053
  • Professional service: means work rendered by an independent contractor who has a professed knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, which independent contractor shall include but not be limited to lawyers, doctors, dentists, psychologists, certified advanced practice nurses, veterinarians, architects, engineers, land surveyors, landscape architects, accountants, actuaries, and claims adjusters. See Louisiana Revised Statutes 39:1556
  • Program: means the local healthcare provider participation program authorized by this Subpart. See Louisiana Revised Statutes 40:1248.1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Purchasing agency: means any governmental body which is authorized by this Chapter or its implementing regulations, or by way of delegation from the state chief procurement officer, to contract on its own behalf rather than through the central contracting authority of the office of state procurement. See Louisiana Revised Statutes 39:1556
  • Regular interest: shall mean interest compounded annually at such a rate as shall be determined by the board of trustees in accordance with La. See Louisiana Revised Statutes 11:1581
  • Regular plan: means the original plan that became effective upon the establishment of the retirement system in 1955, as amended, excluding the supplemental plan. See Louisiana Revised Statutes 11:1732
  • 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.
  • 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).
  • Representative: means a person who is a parent, tutor, curator, spouse, trustee, attorney, or other legal agent of the patient and who is authorized, by and on behalf of the patient, to exercise any of the patient's rights, privileges, or immunities granted by this Section or to fulfill any of the patient's obligations, duties, or forbearances imposed under this Section, because the patient has executed a written authorization and mandate to that effect or because the law operates to that effect due to the status of that patient and his relationship to such person, as when the patient is a minor child and his parent must act for him. See Louisiana Revised Statutes 40:1237.1
  • Request for proposals: means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in this Chapter. See Louisiana Revised Statutes 39:1556
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retirement: shall mean withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:2252
  • Retirement: shall mean withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:1581
  • retirement system: means the Municipal Employees' Retirement System of Louisiana, established as of January 1, 1955, defined in Chapter 4, Title 11 of the Louisiana Revised Statutes, and as subsequently amended. See Louisiana Revised Statutes 11:1732
  • Retirement system: shall mean the Firefighters' Retirement System as established in La. See Louisiana Revised Statutes 11:2252
  • Retirement System: shall mean the District Attorneys' Retirement System as defined in La. See Louisiana Revised Statutes 11:1581
  • Reverse auction: means a competitive online solicitation process on the internet for materials, supplies, services, products, equipment, or consulting services in which vendors compete against each other online in real time in an open and interactive environment. See Louisiana Revised Statutes 39:1556
  • Revision date: means October 1, 1978, the effective date of the establishment of Plan A and Plan B. See Louisiana Revised Statutes 11:1732
  • robotic nature: shall mean capable of independent motion or moving the user. See Louisiana Revised Statutes 40:1169.3
  • Salary: means the full rate of regular compensation paid to a member for the performance of his official duties, but shall not include bonuses, payment for accrued vacation, annual or sick leave, payment for overtime, terminal pay, severance pay, deferred salary, or any other type of irregular or nonrecurring payment. See Louisiana Revised Statutes 11:1503
  • Secretary: means the secretary of corrections. See Louisiana Revised Statutes 15:1151
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 40:1167.3
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 40:1173.2
  • Seed: is a propagative part of a plant capable of producing a new plant, including but not limited to those parts commonly referred to as seeds, bulbs, roots, tubers, and other propagating stock. See Louisiana Revised Statutes 3:1431
  • Seed producer: means a person licensed by the department to obtain, produce, transport, and sell industrial hemp seed in the state. See Louisiana Revised Statutes 3:1462
  • Service: shall mean service rendered as an employee as described in Paragraph (10) of this Section. See Louisiana Revised Statutes 11:1581
  • Service certificate: means a statement of a member's total creditable service as approved by the board. See Louisiana Revised Statutes 11:1732
  • Service date: means the date of enrollment of a member into the system. See Louisiana Revised Statutes 11:1732
  • Services: means the furnishing of labor, time, or effort by a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. See Louisiana Revised Statutes 39:1556
  • 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.
  • Shares: means the units into which the stockholders' rights to participate in the control of the state bank, in its profits, or in the distribution of corporate assets are divided. See Louisiana Revised Statutes 6:201
  • Signature: means a manual or electronic signature. See Louisiana Revised Statutes 39:1556
  • Social service: means work rendered by any person, firm, corporation, organization, governmental body, or governmental entity in furtherance of the general welfare of the citizens of Louisiana, including but not limited to the objectives provided for in La. See Louisiana Revised Statutes 39:1556
  • Specification: means any description of the physical or functional characteristics, or of the nature of a supply, service, or major repair. See Louisiana Revised Statutes 39:1556
  • State chief procurement officer: means the person holding the position created in La. See Louisiana Revised Statutes 39:1556
  • State entomologist: means the entomologist of the Louisiana Department of Agriculture. See Louisiana Revised Statutes 3:2302
  • State plan: means a plan required for approval by the United States Secretary of Agriculture to monitor and regulate the production of industrial hemp. See Louisiana Revised Statutes 3:1462
  • Stockholder: means the holder of record of one or more shares. See Louisiana Revised Statutes 6:201
  • Stop order: is a ny written or printed notice given by the commissioner of the Department of Agriculture and Forestry or his authorized agents, to the person with a lot of seed, directing the person not to sell or offer for sale the seed until the requirements of this Part and regulations promulgated hereunder have been complied with and a written release is issued. See Louisiana Revised Statutes 3:1431
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplemental plan: means the supplementary plan established by Act No. See Louisiana Revised Statutes 11:1732
  • Supplies: means all property, including but not limited to equipment, materials, insurance, and leases on immovable property excluding land or a permanent interest in land. See Louisiana Revised Statutes 39:1556
  • Surplus: means sums contributed by stockholders in excess of the par value of shares outstanding plus any amounts transferred from undivided profits pursuant to action by the board of directors. See Louisiana Revised Statutes 6:201
  • Surviving spouse: means a legal spouse who was married to a member at the time of the member's death and for at least twelve months immediately prior thereto. See Louisiana Revised Statutes 11:1732
  • Surviving spouse: means a person who is legally married to a member of the system and living with the member at the time of his death. See Louisiana Revised Statutes 11:1402
  • System: means the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
  • Teaching purposes: means a nondiagnostic or nontherapeutic examination that is solely for the education of the learner. See Louisiana Revised Statutes 40:1160.2
  • Terminal illness: means a disease that, without life-sustaining procedures, will result in death in the near future or a state of permanent unconsciousness from which recovery is unlikely. See Louisiana Revised Statutes 40:1169.3
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • THC: means a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid. See Louisiana Revised Statutes 3:1462
  • Total voting power: means the entirety of the voting power. See Louisiana Revised Statutes 6:201
  • 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.
  • transporting: means the movement of industrial hemp from the premises of a licensee to the premises of another licensee or from the premises of a licensee to the premises of a permit holder pursuant to La. See Louisiana Revised Statutes 3:1462
  • Treated: means that the seed has received an application of a substance or that it has been subjected to a process for which a claim is made. See Louisiana Revised Statutes 3:1431
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Turtle group: means any amount, either multiple or single units, consisting of no more than twenty thousand farm-raised turtles or turtle eggs. See Louisiana Revised Statutes 3:2358.3
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unrestricted benefit: shall mean the monthly retirement benefit a member, or the spouse, child, or single dependent parent of a member, would have received under the terms of all qualified plans of the employer, except for the restrictions of La. See Louisiana Revised Statutes 11:1492
  • Using agency: means any governmental body of the state which utilizes any supplies, services, or major repairs purchased under this Chapter. See Louisiana Revised Statutes 39:1556
  • Variety: is a subdivision of a kind characterized by growth, plant, fruit, seed, or other characteristic by which it can be differentiated from other seeds of the same kind. See Louisiana Revised Statutes 3:1431
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Voting power: means the right vested by law or by the articles or the bylaws in the stockholder or in one or more classes of stockholder to vote in the determination of any particular question or matter coming before meetings of the stockholders. See Louisiana Revised Statutes 6:201
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.