|Subpart 1||Default and Enforcement of Security Interest||10:9-601 – 10:9-624|
|Subpart 2||Noncompliance With Chapter||10:9-625 – 10:9-628|
|Subpart 3||Judicial Proceedings||10:9-629|
Terms Used In Louisiana Revised Statutes > Title 10 > Chapter 9 > Part 6
- 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.
- Agency: means any state office, department, board, commission, institution, division, officer or other person, or functional group, heretofore existing or hereafter created, that is authorized to exercise, or that does exercise, any functions of the government of the state in the executive branch, but not any governing body or officer of any local government or subdivision of the state, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions. See Louisiana Revised Statutes 39:2
- Amortization: Paying off a loan by regular installments.
- Annual basin plan: means the list of projects or stages of projects to be undertaken in any single fiscal year. See Louisiana Revised Statutes 49:214.8.2
- Annual plan: means the state integrated coastal protection plan submitted annually to the legislature as provided in this Part including amendments to the plan, as determined by the board. See Louisiana Revised Statutes 49:214.2
- 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 any local governing authority requesting a loan from or completing an application form to apply for a loan under the Rural Development Loan Program. See Louisiana Revised Statutes 3:313
- Appraisal: A determination of property value.
- Appropriation: means an authorization by the legislature to a budget unit for a program to expend from public funds a sum of money, for purposes designated, under the procedure prescribed in this Chapter. See Louisiana Revised Statutes 39:2
- Appropriation act: means an act of the legislature that authorizes the expenditure of state money. See Louisiana Revised Statutes 39:2
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- association: means a corporation, or unincorporated association, owned by or composed of the unit owners and through which the unit owners manage and regulate the condominium. See Louisiana Revised Statutes 9:1121.103
- Atchafalaya Basin: means the area located within the guide levees of the Atchafalaya Basin and those areas directly adjacent to the levees bounded on the north by U. See Louisiana Revised Statutes 49:214.8.2
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Authority: means the Coastal Protection and Restoration Authority. See Louisiana Revised Statutes 49:214.8.2
- Authority: means the Coastal Protection and Restoration Authority. See Louisiana Revised Statutes 49:214.2
- Authorized positions: means the number of positions approved by the legislature in an appropriation bill to be funded by the salaries continuing category of the accounting system for the state. See Louisiana Revised Statutes 39:2
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Basin master plan: means the plan developed by the state in accordance with the federal Atchafalaya Basin Floodway System, Louisiana Project, pursuant to federal law, including the Supplemental Appropriations Act of 1985, Public Law 99-88, and the Water Resources Development Act of 1986, Public Law 99-662, the Energy and Water Development Appropriations Act of 1991, Public Law 101-514, the Energy and Water Development Appropriations Act of 1997, Public Law 104-206, the Water Resources Development Act of 2000, Public Law 106-541, and the Water Resources Development Act of 2007, Public Law 110-114. See Louisiana Revised Statutes 49:214.8.2
- Beneficiary: means the eligible recipient of a pension, annuity, retirement allowance, or other benefit provided in this Chapter. See Louisiana Revised Statutes 11:701
- Board: means the board of commissioners of the Bayou Lafourche Fresh Water District. See Louisiana Revised Statutes 38:3086.21
- Board: means the Coastal Protection and Restoration Authority Board. See Louisiana Revised Statutes 49:214.8.2
- Board: means the Coastal Protection and Restoration Authority Board. See Louisiana Revised Statutes 49:214.2
- Board of Trustees: means the board provided for in Part V of this Chapter to administer the retirement system. See Louisiana Revised Statutes 11:701
- Budget office: means the section of the division of administration which monitors budgeting functions. See Louisiana Revised Statutes 39:2
- Budget request: means the document with its accompanying explanations, in which a budget unit states its financial requirements and requests appropriations. See Louisiana Revised Statutes 39:2
- Budget unit: means any spending agency of the state which is declared to be a budget unit by the division of administration and which is identified for accounting purposes by a five-digit number code. See Louisiana Revised Statutes 39:2
- 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.
- Coastal area: means the Louisiana Coastal Zone and contiguous areas subject to storm or tidal surge and the area comprising the Louisiana Coastal Ecosystem as defined in Section 7001 of P. See Louisiana Revised Statutes 49:214.2
- Commissioner: means the commissioner of administration. See Louisiana Revised Statutes 39:16.1
- Common elements: means the portion of the condominium property not a part of the individual units. See Louisiana Revised Statutes 9:1121.103
- Compensation: means the payment of money, a thing of value, or any financial benefit. See Louisiana Revised Statutes 51:361
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- comprehensive master coastal protection plan: means the long-term comprehensive integrated coastal protection plan combining coastal restoration, coastal zone management, storm damage reduction, hurricane protection, flood control, and the protection, conservation, restoration, and enhancement of coastal wetlands, marshes, cheniers, ridges, coastal forests, and barrier shorelines or reefs, including amendments, as determined by the board to the plan. See Louisiana Revised Statutes 49:214.2
- 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.
- Consensus estimating conference: means the Economic Estimating Conference, the Demographic Estimating Conference, the Education Estimating Conference, the Criminal Justice Estimating Conference, the Health and Social Services Estimating Conference, and the Transportation Estimating Conference. See Louisiana Revised Statutes 39:2
- Conservation and restoration: means the conservation, protection, enhancement, and restoration of coastal resources including but not limited to coastal wetlands, marshes, cheniers, ridges, coastal forests, and barrier islands, shorelines, coastal passes, or reefs through the construction and management of coastal resources enhancement projects, including privately funded marsh management projects or plans, and those activities requiring a coastal use permit which significantly affect such projects or which significantly diminish the benefits of such projects or plans insofar as they are intended to conserve or enhance coastal resources consistent with the legislative intent as expressed in R. See Louisiana Revised Statutes 49:214.2
- Consideration: means the payment of cash or purchase of goods, services, or intangible property. See Louisiana Revised Statutes 51:361
- Contract: means all types of state agreements, regardless of what the agreements may be called, of state agencies, including orders, grants, 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 39:16.1
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Cost to the retailer: means the invoice cost, or the replacement cost, of the merchandise to the retailer, whichever is lower;
(1) Less all trade discounts except customary discounts for cash;
(2) Plus; in the following order:
(a) Freight charges not otherwise included in the invoice cost or the replacement cost of the merchandise;
(b) Cartage to the retail outlet if done or paid by the retailer, which cartage cost, in the absence of proof of a lesser cost, shall be three-fourths of one per cent of the cost to the retailer after adding freight charges but before adding cartage and markup; and,
(c) A markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be six per cent of the cost to the retailer after adding freight charges and cartage. See Louisiana Revised Statutes 51:421
- Cost to the wholesaler: means the invoice cost, or the replacement cost, of the merchandise to the wholesaler, whichever is lower;
(1) Less all trade discounts except customary discounts for cash and discounts from the state or any governmental agency allowed for the payment of collection of any taxes;
(2) Plus; in the following order:
(a) Freight charges, not otherwise included in the invoice cost or the replacement cost of the merchandise;
(b) Cartage cost which shall be three-fourths of one per cent of the cost to the wholesaler after adding freight charges but before adding cartage, any existing tobacco stamp excise tax and markup, and any motor fuels excise tax;
(c) Any existing tobacco stamp excise tax; and,
(d) A markup to cover a proportionate part of the cost of doing business which markup, in the absence of proof of a lesser cost, shall be two percent of the cost to the wholesaler after adding freight charges, cartage, any existing tobacco stamp excise tax, and any motor fuels excise tax; and,
(e) Any motor fuels excise tax. See Louisiana Revised Statutes 51:421
- Credential: means any document, certificate, identification, license, permit, or card indicating the user's status, right, privilege, classification, permission, entitlement, authority, or coverage. See Louisiana Revised Statutes 39:17.1
- Current status: includes but is not limited to valid, expired, cancelled, suspended, disqualified, active, inactive, member, nonmember, eligible, or ineligible. See Louisiana Revised Statutes 39:17.1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Declarant: means :
(a) If the condominium has not yet been created, any person who offers to dispose of or disposes of his interest in a unit not previously disposed of; or
(b) If the condominium has been created, any person who has executed a declaration, or an amendment to a declaration to add additional property to the condominium regime, other than persons holding interests in the property solely as security for a debt or persons whose interest in the property will not be conveyed to unit owners. See Louisiana Revised Statutes 9:1121.103
- declaration: means the instrument by which immovable property is made subject to this Part. See Louisiana Revised Statutes 9:1121.103
- 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.
- Digitized credential: means a credential relayed in a data file available on any mobile device which has connectivity to the internet through an application that allows the mobile device to download the data file from the department, office, agency, company, division, university, school, board, commission, or other applicable entity and contains all of the data elements visible on the face and back of the credential, and also displays the current status of the credential. See Louisiana Revised Statutes 39:17.1
- Direct molding process: means any direct molding process in which the original manufactured vessel hull or component part of a vessel hull is itself used as a plug for the making of the mold, which is then used to manufacture a duplicate item. See Louisiana Revised Statutes 51:462
- Director: means the executive director of the Coastal Protection and Restoration Authority. See Louisiana Revised Statutes 49:214.8.2
- Director: means the chief administrative officer of the state office of rural development. See Louisiana Revised Statutes 3:313
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- District: means the Bayou Lafourche Fresh Water District. See Louisiana Revised Statutes 38:3086.21
- Efficiency: means cost-effectiveness or productivity relative to achievement of an objective. See Louisiana Revised Statutes 39:2
- Electronic wallet: refers to an electronic or online service or application that allows an individual to store credentials in order to access the credentials from a mobile device. See Louisiana Revised Statutes 39:17.1
- Employer: means the state of Louisiana, any city, parish, or other local school board, the State Board of Elementary and Secondary Education, any board created by Article VIII of the Constitution of Louisiana, or any other agency of and within the state or a political subdivision by which a teacher is paid. See Louisiana Revised Statutes 11:701
- 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
- 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.
- Executive assistant: means the special assistant to the governor for coordination of coastal activities as delineated in R. See Louisiana Revised Statutes 49:214.2
- Executive budget: means the document submitted to the legislature at each regular session, pursuant to the provisions of this Chapter and Article VII, Section 11(A) of the Constitution of Louisiana, presenting the governor's recommended complete financial plan for each year. See Louisiana Revised Statutes 39:2
- Executive director: means the person appointed to serve as the head of the Coastal Protection and Restoration Authority. See Louisiana Revised Statutes 49:214.2
- Expenses: means amounts represented by cash paid out or by obligations to pay cash or partly by each for maintaining and operating government services. See Louisiana Revised Statutes 39:2
- 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.
- Fiduciary: A trustee, executor, or administrator.
- Fiscal year: means the period beginning July first of any year and ending June thirtieth of the next succeeding year. See Louisiana Revised Statutes 11:701
- 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.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Functions: means duties, jurisdiction, powers, rights, and obligations, conferred or imposed upon, or vested in, any agency by law, or exercised, performed, or discharged by any agency without contravention of any provision of law. See Louisiana Revised Statutes 39:2
- Fund: means the Coastal Protection and Restoration Fund. See Louisiana Revised Statutes 49:214.2
- Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts recording cash or other resources together with all related liabilities, obligations, reserves, and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with regulations, restrictions, and limitations. See Louisiana Revised Statutes 39:2
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Grantor: The person who establishes a trust and places property into it.
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Hurricane protection: means systems to provide protection against tidal and storm surges. See Louisiana Revised Statutes 49:214.2
- Infrastructure: means publicly owned facilities or systems in the coastal area that are negatively impacted by coastal land loss or rising seas, and that serve a critical public purpose and are consistent with the priorities stated in the master plan and the eligible uses of the Gulf of Mexico Energy Security Act of 2006. See Louisiana Revised Statutes 49:214.2
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Integrated coastal protection: means plans, projects, policies, and programs intended to provide hurricane protection or coastal conservation or restoration, and shall include but not be limited to coastal restoration; coastal protection; infrastructure; storm damage reduction; flood control; water resources development; erosion control measures; marsh management; diversions; saltwater intrusion prevention; wetlands and central wetlands conservation, enhancement, and restoration; barrier island and shoreline stabilization and preservation; coastal passes stabilization and restoration; mitigation; storm surge reduction; or beneficial use projects. See Louisiana Revised Statutes 49:214.2
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- 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
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Lien: A claim against real or personal property in satisfaction of a debt.
- Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
- Member: means any teacher included in the membership of the system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:701
- Mold: means a matrix or form in which a substance or material is shaped. See Louisiana Revised Statutes 51:462
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- 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.
- Office: means the state office of rural development created by this Chapter. See Louisiana Revised Statutes 3:313
- Official forecast: means the most recently adopted estimate of money available for appropriation by the Revenue Estimating Conference as provided in R. See Louisiana Revised Statutes 39:2
- Official information: means data, forecasts, estimates, analyses, studies, and other information which the principals of a consensus estimating conference may adopt pursuant to a vote of the majority of the principals of that conference. See Louisiana Revised Statutes 39:2
- Oversight: Committee review of the activities of a Federal agency or program.
- Participant: means a person who contributes money into a pyramid promotional scheme. See Louisiana Revised Statutes 51:361
- Person: means an individual, a corporation, a partnership, or any association, or unincorporated organization. See Louisiana Revised Statutes 51:361
- Personal property: All property that is not real property.
- 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.
- Plug: means a device or model used to make a mold for the purpose of duplication. See Louisiana Revised Statutes 51:462
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Program: means the Atchafalaya Basin Program. See Louisiana Revised Statutes 49:214.8.2
- Program: means a management strategy with procedures, projects, schedules, operations, and related activities to achieve a stated goal or objective. See Louisiana Revised Statutes 49:214.2
- Program: means a grouping of activities directed toward the accomplishment of a clearly defined objective or set of objectives. See Louisiana Revised Statutes 39:2
- Project: means a physical structure or structures designed and constructed according to the annual plan. See Louisiana Revised Statutes 49:214.2
- Promote: means to contrive, direct, establish, or operate a pyramid promotional scheme. See Louisiana Revised Statutes 51:361
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Pyramid promotional scheme: means any plan or operation by which a participant gives consideration for the opportunity to receive compensation which is derived primarily from the person's introduction of other persons into a plan or operation rather than from the sale of goods, services, or intangible property by the participant or other persons introduced into the plan or operation. See Louisiana Revised Statutes 51:361
- Qualified person: means :
(a) A natural person of full age who is authorized pursuant to the law in this state or any qualified state to render professional legal services. See Louisiana Revised Statutes 12:801
- Quality: means degree or grade of excellence. See Louisiana Revised Statutes 39:2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Reasonable commercial terms: includes repurchase by the seller, at the participant's request, and upon termination of the business relationship or contract with the seller, of all unencumbered products purchased by the participant from the seller within the previous twelve months which are unused and in commercially resalable condition, provided that repurchase by the seller shall be for not less than ninety percent of the actual amount paid by the participant to the seller of the products, less any consideration received by the participant for purchase of the products which are being returned. See Louisiana Revised Statutes 51:361
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- 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.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Replacement cost: means the cost per unit at which the merchandise sold or offered for sale could have been bought by the seller at any time within thirty days prior to the date of sale or the date upon which it is offered for sale by the seller if bought in the same quantity as the seller's last purchase of the merchandise. See Louisiana Revised Statutes 51:421
- Retailer: means any person engaged in the business of making sales at retail within this state, or if any person is engaged in the business of making sales both at retail and at wholesale, "retailer" shall apply only to the retail portion of the business. See Louisiana Revised Statutes 51:421
- Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:701
- Retirement System: means the Teachers' Retirement System of Louisiana as defined in R. See Louisiana Revised Statutes 11:701
- Rural areas: means parishes within the state having less than one hundred thousand population, or municipalities within the state having less than thirty-five thousand population, and the unincorporated areas of a parish with a population of over one hundred thousand. See Louisiana Revised Statutes 3:313
- Rural development and revitalization: means those policies, programs, laws, regulations, or other matters having to do with rural areas, including but not limited to economic development, employment, local government services and management, business, agriculture, environment, land use and natural resources, human services and community life, health care, education, transportation, community facilities, and housing. See Louisiana Revised Statutes 3:313
- Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
- Service of process: The service of writs or summonses to the appropriate party.
- Sponsoring authority: means the governing authority of any municipal, parish, or other political subdivision submitting an application for funding of a project in the program. See Louisiana Revised Statutes 49:214.2
- State planning and budgeting system: refers to the processes and functions prescribed in Subtitle I of this Title. See Louisiana Revised Statutes 39:2
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- 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.
- Testify: Answer questions in court.
- 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.
- Unit: means a part of the condominium property subject to individual ownership. See Louisiana Revised Statutes 9:1121.103
- Venue: The geographical location in which a case is tried.
- Watercraft: means anything used or designated for navigation on water. See Louisiana Revised Statutes 38:3086.21
- Waterway: means Bayou Lafourche or any navigable bayou or river, or portion thereof, located within the geographical boundaries of the district. See Louisiana Revised Statutes 38:3086.21
- Wetlands: means an open water area or an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, but specifically excluding fastlands and lands more than five feet above mean sea level which occur within the designated coastal area of the state. See Louisiana Revised Statutes 49:214.2
- Wholesaler: means any person engaged in the business of making sales at wholesale within this state, or if any person is engaged in the business of making sales both at wholesale and at retail, "wholesaler" shall apply only to the wholesale portion of the business. See Louisiana Revised Statutes 51:421