Terms Used In Louisiana Revised Statutes > Title 11 > Subtitle II > Chapter 5 - Judges' Noncontributory Plan

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• 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.
• Agency: as used in this Chapter shall have the same meaning ascribed to it as provided in La. See Louisiana Revised Statutes 39:1556
• 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
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• 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
• Architectural-engineering corporation: means a corporation organized pursuant to this Chapter for the practice of architecture as provided for by La. See Louisiana Revised Statutes 12:1171
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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
• 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
• Chief procurement officer: means the person holding the position created in La. See Louisiana Revised Statutes 39:1556
• Commission: means the Agricultural Chemistry and Seed Commission. See Louisiana Revised Statutes 3:1431
• Commissioner: means the commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:1431
• 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.
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative purchasing: means procurement conducted by or on behalf of more than one public procurement unit or by a public procurement unit with an external procurement activity or by a private procurement unit. See Louisiana Revised Statutes 39:1556
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Court: means the Nineteenth Judicial District located in Baton Rouge and, in the event of an appeal from such a court, the First Circuit Court of Appeal located in Baton Rouge. See Louisiana Revised Statutes 39:1556
• 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
• Debarment: means the disqualification of a person to receive invitations for bids or requests for proposals, or the award of any contract by any governmental body, for a specified period of time commensurate with the seriousness of the offense or the failure or the inadequacy of performance. See Louisiana Revised Statutes 39:1556
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
• Dependent: A person dependent for support upon another.
• Designee: means a duly authorized representative of a person holding a superior position. See Louisiana Revised Statutes 39:1556
• Electronic: means electrical, digital, magnetic, optical, electromagnet, or any other similar technology. See Louisiana Revised Statutes 39:1556
• 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
• 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.
• 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.
• 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.
• External procurement activity: means any buying organization not located in this state which, if located in this state, would qualify as a public procurement unit. See Louisiana Revised Statutes 39:1556
• Fiduciary: A trustee, executor, or administrator.
• foreign representative: shall mean a person in a foreign country whose education and experience qualify such person to represent the state in such foreign country. See Louisiana Revised Statutes 39:1556
• Fraud: Intentional deception resulting in injury to another.
• 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
• 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
• 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
• handling: means any of the following:

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

• 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
• Industrial hemp: means the plant 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
• 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local public procurement unit: means any parish, city, town, governmental body, and any other subdivision of the state or public agency thereof, public authority, public educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the acquisition or leasing of supplies, services, major repairs, and construction, and any nonprofit corporation operating a charitable hospital. See Louisiana Revised Statutes 39:1556
• 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
• Minor Child: means a child of a member of this system who is under the age of eighteen years or who is a student who is under the age of twenty-three years. See Louisiana Revised Statutes 11:1301
• Negotiation: means the formulation of a contractual relationship through discussions as may be allowed under this Chapter. See Louisiana Revised Statutes 39:1556
• 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.
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Origin: means place, state, or foreign country where grown. See Louisiana Revised Statutes 3:1431
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, firm, corporation, association, or partnership. See Louisiana Revised Statutes 3:1431
• Person: means any business, individual, union, committee, club, or other organization or group of individuals. See Louisiana Revised Statutes 39:1556
• 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
• 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.
• 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.
• Private procurement unit: means any regionally accredited independent college or university in the state that is a member of the Louisiana Association of Independent Colleges and Universities or any early learning center as defined in La. See Louisiana Revised Statutes 39:1556
• 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.
• 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
• professional occupational therapy corporation: means a corporation organized pursuant to this Chapter for the practice of occupational therapy. See Louisiana Revised Statutes 12:1190
• Professional social work corporation: means a corporation organized pursuant to this Chapter for the practice of social work. See Louisiana Revised Statutes 12:1400
• Public procurement unit: means either a local public procurement unit or a state public procurement unit. See Louisiana Revised Statutes 39:1556
• 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
• Qualified group purchasing organization: means a service organization, whether for profit or not, with a membership of at least fifteen hospitals within the United States, which contracts with suppliers for supplies and materials used in hospitals and makes such contracts available to its members. See Louisiana Revised Statutes 39:1556
• Quorum: The number of legislators that must be present to do business.
• 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).
• 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.
• 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
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• 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 public procurement unit: means the central purchasing agency and any other purchasing agency of this state. See Louisiana Revised Statutes 39:1556
• Statute: A law passed by a legislature.
• 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
• Supplemental agreement: means any contract modification which is accomplished by the mutual action of the parties. See Louisiana Revised Statutes 39:1556
• 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
• Suspension: means the disqualification of a person to receive invitations for bids or requests for proposals, or the award of a contract by the state, for a temporary period pending the completion of an investigation and any legal proceedings that may ensue because a person is suspected upon probable cause of engaging in criminal, fraudulent, or seriously improper conduct or failure or inadequacy of performance which may lead to debarment. See Louisiana Revised Statutes 39:1556
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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
• Trustee: A person or institution holding and administering property in trust.
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• 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
• Venue: The geographical location in which a case is tried.