Sections
Part I Prisons and Prisoners in General 15:701 – 15:733
Part I-B Prison Reform Act of 1995 15:737 – 15:739
Part I-C Private Correctional Facilities 15:741 – 15:743
Part I-D Safe Pregnancy for Incarcerated Women 15:744 – 15: 744.8
Part I-E Offender Reentry Support 15:745 – 15:745.4
Part II Building and Maintenance Regulations for Prisons 15:760 – 15:764
Part II-A Interstate Corrections Compact 15:771 – 15:780
Part III Multiparish Districts 15:801 – 15:811
Part III-A Louisiana Department of Corrections 15:821 – 15:840.1
Part III-B Northeast Louisiana Correctional Center 15:841 – 15:847
Part III-C Lincoln Parish Detention Center 15:848 – 15:848.6
Part III-D Terrebonne Parish Department of Corrections and Rehabilitation 15:849 – 15:849.6
Part III-E Union Parish Detention Center 15:850.1 – 15:850.7
Part III-F Jackson Parish Detention Center 15:850.11 – 15:850.17
Part IV Louisiana State Penitentiary 15:855 – 15:875
Part IV-A Additional Institutions 15:891 – 15:895
Part IV-B Juvenile Institutions 15:901 – 15:911
Part V Youthful Offender Management Dedicated Fund Account 15:921
Part V-A Juvenile Justice Accountability and Cost Effectiveness 15:931 – 15:945
Part VI Functional Family Therapy Pilot Program 15:971 – 15:974
Part VIII Parish Industrial Schools for Youths 15:1031 – 15:1039
Part X Payment for Care of Children in Nonstate Operated Agencies and Facilities 15:1081 – 15:1087
Part XI Regional Juvenile Facilities 15:1091 – 15:1109.17
Part XI-A Juvenile Detention Standards and Licensing Procedures 15:1110 – 15:1110.3
Part XII Work Release Program 15:1111 – 15:1113
Part XIII Community Rehabilitation Centers 15:1132 – 15:1136
Part XIV Prison Enterprises 15:1151 – 15:1179
Part XVI Prison Litigation Reform Act 15:1181 – 15:1191
Part XVII Post-Release Skills Program 15:1196
Part XVIII Reentry Advisory Council and Offender Rehabilitation and Workforce Development 15:1199.1 – 15:1199.16
Part XIX Post-Conviction Veterans Mentor Program 15:1199.21 – 15:1199.26

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Terms Used In Louisiana Revised Statutes > Title 15 > CODE TITLE XXX > Chapter 7 - Prisons and Correctional Institutions

  • Abandoned cemetery: shall mean any cemetery which is no longer being used for interments, is not being maintained in good condition, and has fallen into a state of disrepair, including tombs and headstones that have collapsed or been destroyed, walls and fences that have fallen apart, and trees and bushes that have grown amongst and within grave spaces. See Louisiana Revised Statutes 25:933
  • Accrued liability: shall mean the entry age normal accrued liability. See Louisiana Revised Statutes 11:2252
  • Accumulated contributions: shall mean the sum of all the amounts deducted from the earnable compensation of a member and credited to his individual account in the annuity savings fund. See Louisiana Revised Statutes 11:2252
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Actuarial assumptions: shall mean the calculations used by an actuary engaged annually by the board to calculate the amounts necessary to fund the members' annuities. See Louisiana Revised Statutes 11:2252
  • 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
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Adjusted for inflation: means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. See Louisiana Revised Statutes 13:5062
  • Adoption date: means the date as of which the board of directors of the reorganizing mutual initially approves and adopts the plan of reorganization. See Louisiana Revised Statutes 22:236
  • Adoption date: means the date as of which the board of directors of the reorganizing mutual initially approves and adopts the plan of reorganization. See Louisiana Revised Statutes 22:237.2
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See Louisiana Revised Statutes 13:5062
  • Affiliate: means a person who directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with the person specified. See Louisiana Revised Statutes 22:236
  • Affiliate: means a person who directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with the person specified. See Louisiana Revised Statutes 22:237.2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agreement: means any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer sold by a supplier. See Louisiana Revised Statutes 26:802
  • Allegation: something that someone says happened.
  • Allocable share: means allocable share as that term is defined in the Master Settlement Agreement. See Louisiana Revised Statutes 13:5062
  • Ambulance service: means any person who through the use of one or more ambulances and certified emergency medical technicians as defined in La. See Louisiana Revised Statutes 9:4751
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Ancillary business: means a business owned by the wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of beer of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler which recycles empty beverage containers of the supplier. See Louisiana Revised Statutes 26:802
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity reserve: shall mean the present value of all payments to be made on account of any annuity, or benefit in lieu of any annuity, computed upon the basis of such mortality tables as shall be adopted by the board of trustees, and regular interest. See Louisiana Revised Statutes 11:2252
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • articles of incorporation: as used in this Part shall be deemed to include the articles of conversion of a converted corporation. See Louisiana Revised Statutes 12:416
  • 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
  • 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.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Average final compensation: shall mean the average annual earned compensation of an employee for any period of thirty-six successive or joined months of service as an employee during which the said earned compensation was the highest. See Louisiana Revised Statutes 11:2252
  • 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.
  • Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See Louisiana Revised Statutes 10:7-102
  • Bailor: means a person that delivers possession of goods to a bailee. See Louisiana Revised Statutes 10:7-102
  • 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.
  • 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.
  • Basic health care services: means emergency care, inpatient hospital and physician care, outpatient medical and chiropractic services, and laboratory and x-ray services. See Louisiana Revised Statutes 22:242
  • Beer: means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt, and hops in water. See Louisiana Revised Statutes 26:802
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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
  • Benefit contract: means the agreement for provision of benefits authorized by La. See Louisiana Revised Statutes 22:284
  • Benefit member: means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract. See Louisiana Revised Statutes 22:284
  • Bequest: Property gifted by will.
  • Board: shall mean the Louisiana Cemetery Board. See Louisiana Revised Statutes 25:933
  • Board: means the board of commissioners of the Tri-Parish Juvenile Justice Commission. See Louisiana Revised Statutes 15:1096
  • Board: means the board of commissioners of the Acadiana Regional Juvenile Justice District. See Louisiana Revised Statutes 15:1109
  • Board: means the Prison Enterprises Board. See Louisiana Revised Statutes 15:1151
  • Board of trustees: shall mean the board provided for in La. See Louisiana Revised Statutes 11:2252
  • Brand: means any name, trademark, or other designation under which an agricultural liming material is sold. See Louisiana Revised Statutes 3:1430.2
  • Brand family: has the meaning as set forth in La. See Louisiana Revised Statutes 26:901
  • Brand family: means all styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including but not limited to "menthol" "lights" "kings" and "100s" and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. See Louisiana Revised Statutes 13:5072
  • Bulk: means in nonpackaged form. See Louisiana Revised Statutes 3:1430.2
  • Burnt lime: means a material made from limestone which consists primarily of calcium oxide or a combination of calcium and magnesium oxides. See Louisiana Revised Statutes 3:1430.2
  • Carrier: means a person that issues a bill of lading. See Louisiana Revised Statutes 10:7-102
  • Certificate: means the document issued as written evidence of the benefit contract. See Louisiana Revised Statutes 22:284
  • Certification: means a certificate or certification received from an industry recognized organization or a Work Ready Certificate from the Louisiana Workforce Commission or a competency certification developed by the department. See Louisiana Revised Statutes 15:1199.3
  • Chalk: means a soft, friable, loosely consolidated material composed primarily of calcium carbonate. See Louisiana Revised Statutes 3:1430.2
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Cigar: includes any roll of tobacco for smoking, irrespective of size or shape, and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredients, where such roll has a wrapper made chiefly of tobacco. See Louisiana Revised Statutes 26:901
  • Cigarette: includes any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper, or any other material except where such wrapper is wholly or in greater part made of tobacco. See Louisiana Revised Statutes 26:901
  • cigarette: includes "roll-your-own" i. See Louisiana Revised Statutes 13:5062
  • 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.
  • Commission: means the Tri-Parish Juvenile Justice Commission. See Louisiana Revised Statutes 15:1096
  • Commission: means the governing authority of St. See Louisiana Revised Statutes 15:1098.2
  • Commission: means the Acadiana Regional Juvenile Justice District Commission. See Louisiana Revised Statutes 15:1109
  • Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:242
  • Commissioner: means the commissioner of insurance of the state of Louisiana. See Louisiana Revised Statutes 22:361
  • Commissioner: means the commissioner of the office of alcohol and tobacco control. See Louisiana Revised Statutes 26:802
  • Commissioner: means the commissioner of insurance of the state of Louisiana. See Louisiana Revised Statutes 22:381
  • Commissioner: means the commissioner of insurance of Louisiana or the commissioner, director, or superintendent of insurance in any other state. See Louisiana Revised Statutes 22:482
  • Commissioner: means the commissioner of alcohol and tobacco control. See Louisiana Revised Statutes 26:901
  • Commissioner: means the commissioner of alcohol and tobacco control. See Louisiana Revised Statutes 13:5072
  • Commissioner: means the commissioner of insurance, or his deputy, or the Department of Insurance, as appropriate. See Louisiana Revised Statutes 22:236
  • Commissioner: means the commissioner of insurance, or his deputy, or the Department of Insurance, as appropriate. See Louisiana Revised Statutes 22:237.2
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common elements: means the portion of the condominium property not a part of the individual units. See Louisiana Revised Statutes 9:1121.103
  • Common expenses: means :

    (a)  Expenses of administration, maintenance, repair, and replacement of the common elements. See Louisiana Revised Statutes 9:1121.103

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completed operations liability: means liability arising out of the installation, maintenance, or repair of any product at a site which is not owned or controlled by:

    (a)  Any person who performs that work. See Louisiana Revised Statutes 22:482

  • 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.
  • Condominium property: means all interests in land, improvements thereon, and all servitudes and rights attaching to the condominium. See Louisiana Revised Statutes 9:1121.103
  • Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See Louisiana Revised Statutes 10:7-102
  • Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See Louisiana Revised Statutes 10:7-102
  • Consumer: means any person who purchases agricultural liming materials for use on fields owned or leased by that person. See Louisiana Revised Statutes 3:1430.2
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: has the meaning set forth in La. See Louisiana Revised Statutes 22:236
  • Control: means the same as that set forth in La. See Louisiana Revised Statutes 22:237.2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative: means a corporation organized under this Part and a corporation which becomes subject to this Part in the manner hereinafter provided. See Louisiana Revised Statutes 12:402
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the Reentry Advisory Council. See Louisiana Revised Statutes 15:1199.3
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Craft: means an occupation or trade requiring manual dexterity, specified training, and certification or licensing. See Louisiana Revised Statutes 15:1199.3
  • Credit disability insurance: means insurance on a debtor to provide indemnity for payment becoming due on a specified loan or other credit transaction while the debtor is disabled as defined in the insurance policy or certificate issued to the debtor. See Louisiana Revised Statutes 22:361
  • Creditable service: shall mean service for which credit is allowable as provided in La. See Louisiana Revised Statutes 11:2252
  • Damage: shall mean the intentional or inadvertent hurt, harm, or injury to a component of a historic cemetery or to an isolated grave so as to lessen or destroy its historic, cultural, or scientific value. See Louisiana Revised Statutes 25:933
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Days: means calendar days unless otherwise specified. See Louisiana Revised Statutes 13:5072
  • Dealer: includes every person who manufactures or purchases cigars, cigarettes, or other tobacco products for distribution or resale in this state. See Louisiana Revised Statutes 26:901
  • Decedent: A deceased person.
  • 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
  • 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.
  • Defense attorney: Represent defendants in criminal matters.
  • Delivery order: means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading. See Louisiana Revised Statutes 10:7-102
  • Department: shall mean the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 25:933
  • Department: shall mean the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 25:1270.2
  • Department: means the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 25:1271.2
  • Department: means the Louisiana Department of Corrections. See Louisiana Revised Statutes 15:1151
  • Department: means the Louisiana Department of Public Safety and Corrections. See Louisiana Revised Statutes 15:1199.3
  • 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.
  • Depository: means an institution which contracts with the state librarian to participate in the public document depository system. See Louisiana Revised Statutes 25:121.1
  • Designated member: means the spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler, or any person who inherits under the deceased individual's will, or under the laws of intestate succession of this state; or any person who or entity which has otherwise, through a valid testamentary device by the deceased individual, succeeded the deceased individual in the wholesaler's business, or has succeeded to the deceased individual's ownership interest in the wholesaler pursuant to a written contract or instrument which has been previously approved by the supplier; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. See Louisiana Revised Statutes 26:802
  • Destruction: shall mean intentionally or inadvertently destroying components of a historic cemetery by violent disintegration of its fabric so as to reduce the components to ruin. See Louisiana Revised Statutes 25:933
  • Devise: To gift property by will.
  • Director: shall mean the executive director of the Firefighters' Retirement System. See Louisiana Revised Statutes 11:2252
  • directory: means the directory compiled by the attorney general under La. See Louisiana Revised Statutes 26:901
  • directory: means the directory compiled by the attorney general under La. See Louisiana Revised Statutes 13:5072
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distressed neighborhood business district: shall mean a defined geographic area which includes buildings and structures which have housed businesses or other commercial activities and also includes adjacent residential areas  and which defined geographic area has pervasive poverty and unemployment, a high incidence of crime, narcotics use, homelessness, abandoned housing and deteriorated infrastructure, substantial population decline, or other similar indicators of general distress. See Louisiana Revised Statutes 25:1270.2
  • Distributor: means a person who sells, offers for sale, or distributes agricultural liming materials in this state on the wholesale level. See Louisiana Revised Statutes 3:1430.2
  • District: means the Tri-Parish Juvenile Justice District. See Louisiana Revised Statutes 15:1096
  • District: means the Acadiana Regional Juvenile Justice District. See Louisiana Revised Statutes 15:1109
  • Dividend protections: means provisions in a plan of reorganization designed to protect, through a closed block or other means, the reasonable dividend expectations of policyholders who own individual, dividend-paying policies. See Louisiana Revised Statutes 22:236
  • Dividend protections: means provisions in a plan of reorganization designed to protect, through a closed block or other means, the reasonable dividend expectations of policyholders who own individual, dividend-paying policies. See Louisiana Revised Statutes 22:237.2
  • Division: shall mean the office of cultural development, division of archaeology, within the department. See Louisiana Revised Statutes 25:933
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Earnable compensation: shall mean the full amount of compensation earned by an employee on a regular tour of duty, including supplemental pay paid by the state of Louisiana, educational incentive pay, holiday pay, seniority incentive pay, and pay to an employee acting in a civil service classification higher than the one he holds, but shall not include overtime. See Louisiana Revised Statutes 11:2252
  • Effective date: means the date upon which the reorganization of the reorganizing mutual is effective, as provided in La. See Louisiana Revised Statutes 22:237.2
  • Effective date: means the date upon which the reorganization of the reorganizing mutual is effective, as provided in La. See Louisiana Revised Statutes 22:236
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic mail: includes electronic messages that are transmitted through a local, regional, or global computer network. See Louisiana Revised Statutes 9:4757
  • Electronic mail address: means a destination, commonly expressed as a string of characters, to which electronic mail can be sent or delivered. See Louisiana Revised Statutes 9:4757
  • Eligible entity: shall mean a nonprofit organization designated by a municipality to receive grants pursuant to the provisions of this Chapter and which has been designated as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. See Louisiana Revised Statutes 25:1270.2
  • Eligible member: means a person who, on the adoption date, owns, or is deemed by the plan of reorganization to own, a policy of a mutual insurer or a reorganized insurer that is, or that is deemed by the plan of reorganization to be, in force with such insurer on such adoption date, or a person who is deemed eligible by the plan of reorganization. See Louisiana Revised Statutes 22:237.2
  • Eligible member: means a person who, on the adoption date, owns, or is deemed by the plan of reorganization to own, a policy of a mutual insurer or a reorganized insurer that is, or that is deemed by the plan of reorganization to be, in force with such insurer on such adoption date, or a person who is deemed eligible by the plan of reorganization. See Louisiana Revised Statutes 22:236
  • 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
  • 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
  • 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.
  • Enrollee: means an individual who is enrolled in a health maintenance organization. See Louisiana Revised Statutes 22:242
  • 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.
  • Episode: shall mean a singular instance in which a youth is placed under the supervision, care, or custody of the office of juvenile justice. See Louisiana Revised Statutes 15:932
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Established residential neighborhood: means a defined geographic area which has consisted of buildings and structures for housing individuals and families which has existed as a residential neighborhood since before 1971. See Louisiana Revised Statutes 25:1271.2
  • 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.
  • Evidence of coverage: means any certificate, agreement, or contract issued to an enrollee setting out the coverage to which the enrollee is entitled by reason of payment of a prepaid charge. See Louisiana Revised Statutes 22:242
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Exporter license: means the stamping agent designation as set forth in La. See Louisiana Revised Statutes 26:901
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facility: means a part or portion of an establishment which is designed so as to impede a minor's access to a vending machine by walls or other separation in combination with signs designed to notify the public that persons under the age of eighteen are prohibited from the area. See Louisiana Revised Statutes 26:901
  • Facility: means any juvenile detention facility, shelter care facility, or such other juvenile justice facility. See Louisiana Revised Statutes 15:1096
  • Facility: means any juvenile detention facility, shelter care facility, or any other similar juvenile justice facility. See Louisiana Revised Statutes 15:1109
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. See Louisiana Revised Statutes 26:802
  • Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Louisiana Revised Statutes 10:7-102
  • Governing authority: means the governing authority of a parish. See Louisiana Revised Statutes 15:1096
  • Governing authority: means the governing authority of a parish or parishes having a youth center or a juvenile detention center authority. See Louisiana Revised Statutes 15:1099.2
  • Governing authority: means the governing authority of a parish. See Louisiana Revised Statutes 15:1109
  • 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 unit: means the state of Louisiana, municipalities, parishes, parish and municipal school boards and districts, levee boards and districts, housing authorities, bridge authorities, community improvement agencies, redevelopment agencies, all other political subdivisions of the state, public trusts, corporations, districts, boards, authorities, agencies, and units of local government and nonprofit corporations created by or governed by the governing authorities of parishes or municipalities, any special service districts, such as water, sewerage, garbage, and lighting districts created by or pursuant to legislative acts and any other districts, boards, authorities, and agencies of the state of Louisiana authorized to issue bonds. See Louisiana Revised Statutes 13:5121
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grave space: shall mean a grave, crypt, vault, niche, tomb, lawn crypt, or any other property used or intended to be used for the interment of human remains. See Louisiana Revised Statutes 25:933
  • Ground shells: means a material obtained by grinding the shells of mollusks. See Louisiana Revised Statutes 3:1430.2
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • Hazardous financial condition: means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to:

    (a)  Meet obligations to policyholders with respect to known claims and reasonably anticipated claims. See Louisiana Revised Statutes 22:482

  • Health care provider: means a person, partnership, corporation, facility, or institution licensed by this state to provide health care or professional services as a physician, dentist, chiropractor, podiatrist, optometrist, pharmacist, dietician, physical therapist, occupational therapist, or psychologist. See Louisiana Revised Statutes 9:4751
  • Health care services: means any services rendered by providers which include but are not limited to medical and surgical care; psychological, optometric, optic, chiropractic, podiatric, nursing, and pharmaceutical services; health education, rehabilitative, and home health services; physical therapy; inpatient and outpatient hospital services; dietary and nutritional services; laboratory and ambulance services; and any other services for the purpose of preventing, alleviating, curing, or healing human illness, injury, or physical disability. See Louisiana Revised Statutes 22:242
  • Health maintenance organization: means any corporation organized as either a business corporation or a nonprofit corporation and domiciled in this state which undertakes to provide or arrange for the provision of basic health care services to enrollees in return for a prepaid charge. See Louisiana Revised Statutes 22:242
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Historic cemetery: shall mean any abandoned cemetery located in the state that is more than fifty years old and is not subject to the laws, rules, and regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 25:933
  • Hospital: means an institution licensed as such by the state of Louisiana. See Louisiana Revised Statutes 9:4751
  • Human remains: means the body or parts thereof of a deceased person and includes the body or parts thereof in any stage of decomposition, as well as cremated remains. See Louisiana Revised Statutes 25:953
  • Human skeletal remains: shall mean any part of the body of a deceased human being in any stage of decomposition. See Louisiana Revised Statutes 25:933
  • Importer: means any person in the United States to whom non-tax-paid cigarettes manufactured in a foreign country are shipped or consigned, any person who removes cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse, and any person who smuggles or otherwise unlawfully brings cigarettes into the United States. See Louisiana Revised Statutes 13:5072
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Instrument: means any instrument, whether or not negotiable, which evidences the indebtedness of one or more persons. See Louisiana Revised Statutes 9:5321
  • Insurance: means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this state. See Louisiana Revised Statutes 22:482
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • 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.
  • Intestate: Dying without leaving a will.
  • Isolated grave: shall mean any marked grave site that is not part of a larger cemetery and is not subject to the laws, rules, and regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 25:933
  • Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See Louisiana Revised Statutes 10:7-102
  • Jobber: means a person who buys or sells agricultural liming materials in this state for another person and who is paid commissions for his services. See Louisiana Revised Statutes 3:1430.2
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • 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.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juror: A person who is on the jury.
  • Label: means any written or printed matter on or attached to a package of materials or an invoice for a shipment of bulk materials. See Louisiana Revised Statutes 3:1430.2
  • Last known address: means the mailing address or the electronic mail address provided by the lessee in the latest rental agreement or the mailing address or the electronic mail address provided by the lessee in a subsequent written notice of a change of address. See Louisiana Revised Statutes 9:4757
  • Laws: means the society's articles of incorporation, constitution, and bylaws, however designated. See Louisiana Revised Statutes 22:284
  • 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.
  • 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
  • Lease-purchase contract: means the financing and acquisition of property by a person pursuant to an arrangement under which such person acquires title to property, constructs a facility on the property, and enters into a lease-purchase contract with the commission providing for the leasing of the property, including a facility on the property, to the commission and the acquisition of title to the property by the commission at the end of the lease period. See Louisiana Revised Statutes 15:1109
  • Legacy: A gift of property made by will.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means a person, his sublessee, successor, or assign, entitled to the use of storage space at a self-service storage facility under a rental agreement, to the exclusion of others. See Louisiana Revised Statutes 9:4757
  • Lessee in ordinary course of business: means a person that becomes a lessee of goods in good faith, without knowledge that the lease violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling or leasing goods of that kind. See Louisiana Revised Statutes 10:7-102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability: means legal liability for damages including costs of defense, legal costs and fees, and other claims expenses because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from, or arising out of:

    (i)  Any business, whether profit or nonprofit, trade, product, services including professional services, premises, or operations. See Louisiana Revised Statutes 22:482

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • lien: means a privilege on movable property created by operation of law in favor of a creditor. See Louisiana Revised Statutes 10:7-102
  • Limited common elements: means those common elements reserved in the condominium declaration for the exclusive use of a certain unit or certain units. See Louisiana Revised Statutes 9:1121.103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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 3:2651
  • Livestock: means cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation of any such animal. See Louisiana Revised Statutes 3:2802
  • Lodge: means subordinate member units of the society, known as camps, courts, councils, branches, or by any other designation. See Louisiana Revised Statutes 22:284
  • Lot: means the quantity of materials from which a sample has been taken and which the sample represents. See Louisiana Revised Statutes 3:1430.2
  • Manager of livestock: means any person other than an owner of livestock having the care and control of livestock. See Louisiana Revised Statutes 3:2802
  • Manufacturer: means anyone engaged in the manufacture, production, or foreign importation of tobacco products who sells to wholesalers. See Louisiana Revised Statutes 26:901
  • Manufacturer: means a person who produces agricultural liming materials which are sold, offered for sale, or distributed in this state. See Louisiana Revised Statutes 3:1430.2
  • Marl: means a granular or loosely consolidated earthy material composed primarily of seashell fragments and calcium carbonate. See Louisiana Revised Statutes 3:1430.2
  • Master Settlement Agreement: means the settlement agreement, and related documents, entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. See Louisiana Revised Statutes 13:5062
  • materials: means solid or liquid materials which contain calcium or magnesium and which are sold, offered for sale, or distributed for use in neutralizing acidity in agricultural soils. See Louisiana Revised Statutes 3:1430.2
  • Member: means : (a) with respect to a mutual insurer, a policyholder who owns or is deemed by the plan of reorganization to own a policy of the mutual insurer; or (b) with respect to a mutual insurance holding company, a member of such mutual insurance holding company, as defined in such company's articles of incorporation and bylaws or as defined in the plan of reorganization. See Louisiana Revised Statutes 22:237.2
  • 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: means each incorporator of a cooperative and each person admitted to and retaining membership therein, and shall include a husband and wife admitted to joint membership. See Louisiana Revised Statutes 12:402
  • Member: means : (a) with respect to a mutual insurer, a policyholder who owns or is deemed by the plan of reorganization to own a policy of the mutual insurer; or (b) with respect to a mutual insurance holding company, a member of such mutual insurance holding company, as defined in such company's articles of incorporation and bylaws or as defined in the plan of reorganization. See Louisiana Revised Statutes 22:236
  • Membership service: shall mean service as an employee or elected official while a member of this system. See Louisiana Revised Statutes 11:2252
  • Merger: means a business combination pursuant to La. See Louisiana Revised Statutes 12:1-1101
  • Modification: shall mean the altering of the original substance of a grave space. See Louisiana Revised Statutes 25:933
  • 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.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • mother: means a female human being, whether or not she has reached the age of majority. See Louisiana Revised Statutes 14:87.1
  • 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.
  • Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Louisiana Revised Statutes 13:5072
  • 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: shall mean the Department of Public Safety and Corrections, youth services, office of juvenile justice. See Louisiana Revised Statutes 15:932
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Overtime: shall mean the additional hours worked above the regular tour of duty required by the local governing authority for which the member works and the compensation therefor. See Louisiana Revised Statutes 11:2252
  • Owner: means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from a lessee under a rental agreement. See Louisiana Revised Statutes 9:4757
  • Owner of livestock: means any person owning livestock. See Louisiana Revised Statutes 3:2802
  • Package: means any pack or other container on which a stamp could be applied consistent with and as required by La. See Louisiana Revised Statutes 13:5072
  • Parent corporation: means a corporation, including a limited liability company, that is or has been organized for the purpose of acquiring, directly or indirectly, all of the common shares of a reorganized insurer. See Louisiana Revised Statutes 22:237.2
  • Parent corporation: means a stock corporation that is or has been organized for the purpose of acquiring, directly or indirectly, all of the common shares of a reorganized insurer. See Louisiana Revised Statutes 22:236
  • Parish: means St. See Louisiana Revised Statutes 15:1098.2
  • Parish: means a parish in which a youth center is sited. See Louisiana Revised Statutes 15:1099.2
  • Parliamentarian: The Parliamentarian is an advisor on the interpretation of legislative rules and procedures.
  • Participating manufacturer: has the meaning given that term in section II (jj) of the Master Settlement Agreement and all amendments thereto. See Louisiana Revised Statutes 13:5072
  • Participating parish: means any parish which has entered into a participation agreement with the commission by which certain space within the facility is subleased to house juveniles from the participating parish. See Louisiana Revised Statutes 15:1096
  • Participating parish: means any parish which has entered into a participation agreement with St. See Louisiana Revised Statutes 15:1098.2
  • Participating parish: means any parish which has entered into a participation agreement with a parish having a youth center by which certain space within the center is subleased to house juveniles from the participating parish. See Louisiana Revised Statutes 15:1099.2
  • Participating parish: means any parish which has entered into a participation agreement with the commission by which certain space is subleased to house juveniles from the participating parish. See Louisiana Revised Statutes 15:1109
  • 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.
  • party to a share exchange: means any domestic or foreign corporation or eligible entity that will do any of the following:

    (1)  Merge under a plan of merger. See Louisiana Revised Statutes 12:1-1101

  • Person: means an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, a limited liability company, a limited liability partnership, a government or governmental agency, a state or political subdivision of a state, board, estate, trustee or fiduciary, or any other legal entity. See Louisiana Revised Statutes 22:237.2
  • Person: means any individual, company, insurer, association, organization, reciprocal or inter-insurance exchange, partnership, business, trust, limited liability company, or corporation which provides vehicle mechanical breakdown insurance in this state. See Louisiana Revised Statutes 22:361
  • Person: means any individual, company, insurer, association, organization, reciprocal or inter-insurance exchange, partnership, business, trust, limited liability company, or corporation which provides property residual value insurance in this state. See Louisiana Revised Statutes 22:381
  • Person: means any natural person, trustee, company, partnership, corporation, or other legal entity. See Louisiana Revised Statutes 26:901
  • Person: includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic. See Louisiana Revised Statutes 12:402
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Person: means any individual, partnership, corporation, association, or other legal entity. See Louisiana Revised Statutes 3:1430.2
  • Person: means any individual, partnership, association, corporation, government, political subdivision, or governmental agency. See Louisiana Revised Statutes 9:4751
  • person: means an individual, partnership, committee, association, corporation, or any other organization or group of persons. See Louisiana Revised Statutes 13:5062
  • Person: means any natural person, trustee, company, partnership, corporation, or other legal entity. See Louisiana Revised Statutes 13:5072
  • 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
  • Person: means an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, a limited liability company, a limited liability partnership, a government or governmental agency, a state or political subdivision of a state, board, estate, trustee or fiduciary, or any other legal entity. See Louisiana Revised Statutes 22:236
  • Personal property: All property that is not real property.
  • Personal risk liability: means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in Paragraph (6) of this Section. See Louisiana Revised Statutes 22:482
  • Place of business: means the place where the tobacco orders, alternative nicotine products orders, or vapor products orders are received, or where the taxable tobacco articles are sold, or if sold by a retail dealer upon a railroad train or on or from any other vehicle, the vehicle on which or from which the taxable articles or alternative nicotine products or vapor products are sold by the retail dealer. See Louisiana Revised Statutes 26:901
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan of reorganization: means the plan of reorganization adopted by the reorganizing mutual in compliance with this Subpart. See Louisiana Revised Statutes 22:237.2
  • Plan of reorganization: means the plan of reorganization adopted by the reorganizing mutual in compliance with this Subpart. See Louisiana Revised Statutes 22:236
  • 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.
  • Policy: means an individual or group policy of insurance issued, or deemed by the plan of reorganization to have been issued, by a mutual insurer or by a reorganized insurer. See Louisiana Revised Statutes 22:237.2
  • Policy: means an individual or group policy of insurance or annuity contract issued, or deemed by the plan of reorganization to have been issued, by a mutual insurer or by a reorganized insurer. See Louisiana Revised Statutes 22:236
  • Policyholder: means a person who, on the basis of the records and the organizational documents of the mutual insurer or reorganized insurer, is deemed to be a policyholder of such insurer. See Louisiana Revised Statutes 22:237.2
  • Policyholder: means a person who, on the basis of the records and the organizational documents of the mutual insurer or reorganized insurer, is deemed to be a policyholder of such insurer. See Louisiana Revised Statutes 22:236
  • political subdivision: means :

    (1)  Any parish, municipality, special district, school board, sheriff, public board, institution, department, commission, district, corporation, agency, authority, or an agency or subdivision of any of these, and other public or governmental body of any kind which is not a state agency. See Louisiana Revised Statutes 13:5102

  • Possession: means the exercise of control over human remains. See Louisiana Revised Statutes 25:953
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • Premiums: means premiums, rates, dues, or other required contributions by whatever name known, which are payable under the certificate. See Louisiana Revised Statutes 22:284
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • 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.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Product liability: means the liability for personal injury and property damages arising from the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product as defined and construed by the laws of this state. See Louisiana Revised Statutes 22:482
  • Program: shall mean the Louisiana Historic Cemetery Preservation Program. See Louisiana Revised Statutes 25:933
  • Program: shall mean the Neighborhood Enhancement Program as established in this Chapter. See Louisiana Revised Statutes 25:1270.2
  • Program: means the Magnolia Street Residential Neighborhood Enhancement Program as established by this Chapter. See Louisiana Revised Statutes 25:1271.2
  • Program: means the inmate rehabilitation and workforce development program operated by the Department of Public Safety and Corrections as authorized by the provisions of this Part. See Louisiana Revised Statutes 15:1199.3
  • Property: means all classes of movable or immovable property recognized under the laws of this state. See Louisiana Revised Statutes 22:381
  • Property residual value insurer: means any person or organization, whether domestic, foreign, or alien, issuing or attempting to issue property residual value policies as defined herein. See Louisiana Revised Statutes 22:381
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: means any physician, hospital, or other person, organization, institution, or group of persons licensed or otherwise authorized in this state to furnish health care services. See Louisiana Revised Statutes 22:242
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public document: means informational matter, for public distribution regardless of format, method of reproduction, source, or copyright, originating in or produced with the imprint of, by the authority of, or at the total or partial expense of, any state agency. See Louisiana Revised Statutes 25:121.1
  • Public highway: means a public way for vehicular traffic, including the entire area dedicated thereto and the bridges, culverts, structures, appurtenances and features necessary to or associated with its purpose, and refers to those highways designated in La. See Louisiana Revised Statutes 3:2802
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchase: means acquisition in any manner, for any consideration. See Louisiana Revised Statutes 26:901
  • Purchase: means acquisition in any manner, for any consideration. See Louisiana Revised Statutes 13:5072
  • Purchasing group: means any group domiciled in any state which:

    (a)  Has as one of its purposes the purchase of liability insurance on a group basis. See Louisiana Revised Statutes 22:482

  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reasonable qualifications: means the standard of the reasonable criteria established and consistently used by the respective supplier for similarly situated wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of twenty-four months prior to the proposed transfer of the wholesaler's business, or for similarly situated wholesalers who have changed managers or designated managers during a period of twenty-four months prior to the proposed change in the manager or successor manager of the wholesaler's business. See Louisiana Revised Statutes 26:802
  • 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
  • Reinsurer: means a person licensed under this Subpart engaged in the reinsuring of vehicle mechanical reimbursement insurance, residual value insurance, or credit disability insurance policies, or any combination of kinds of insurance. See Louisiana Revised Statutes 22:361
  • Released claims: means released claims as that term is defined in the Master Settlement Agreement. See Louisiana Revised Statutes 13:5062
  • Releasing parties: means releasing parties as that term is defined in the Master Settlement Agreement. See Louisiana Revised Statutes 13:5062
  • 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.
  • Rental agreement: means any agreement or lease, written or oral, entered into between the owner and a lessee, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use of self-service storage facility. See Louisiana Revised Statutes 9:4757
  • Reorganized company: means either: (a) a reorganized insurer resulting from the reorganization of a mutual insurer under this Subpart; or (b) a reorganized insurance holding company. See Louisiana Revised Statutes 22:237.2
  • Reorganized company: means either: (a) a reorganized insurer resulting from the reorganization of a mutual insurer under this Subpart; or (b) a reorganized insurance holding company. See Louisiana Revised Statutes 22:236
  • Reorganized insurance holding company: means a former mutual insurance holding company reorganized as a stock insurance holding company, or a stock insurance holding company into which a mutual insurance holding company has been merged, pursuant to a plan of reorganization under this Subpart. See Louisiana Revised Statutes 22:237.2
  • Reorganized insurance holding company: means a former mutual insurance holding company reorganized as a stock insurance holding company, or a stock insurance holding company into which a mutual insurance holding company has been merged, pursuant to a plan of reorganization under this Subpart. See Louisiana Revised Statutes 22:236
  • Reorganized insurer: means the following:

                (a) With respect to a conversion of a mutual insurer under this Subpart, the domestic stock insurer into which a mutual insurer is being or has been reorganized. See Louisiana Revised Statutes 22:237.2

  • Reorganized insurer: means the following:

                (a) With respect to a conversion of a mutual insurer under this Subpart, the domestic stock insurer into which a mutual insurer is being or has been reorganized. See Louisiana Revised Statutes 22:236

  • Reorganizing mutual: means a mutual insurer or mutual insurance holding company that is reorganizing pursuant to this Subpart. See Louisiana Revised Statutes 22:237.2
  • Reorganizing mutual: means a mutual insurer or mutual insurance holding company that is reorganizing pursuant to this Subpart. See Louisiana Revised Statutes 22:236
  • 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).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residual value: shall mean the value of property at a specific future time, which value is determined by agreement at the time the contract of lease or sale is entered into. See Louisiana Revised Statutes 22:381
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail dealer: includes every dealer other than a wholesale dealer, or manufacturer who sells or offers for sale cigars, cigarettes, other tobacco products, alternative nicotine products, or vapor products, irrespective of quantity or the number of sales. See Louisiana Revised Statutes 26:901
  • retail sale: means any transfer for valuable consideration, made in the ordinary course of trade or in the usual conduct of the seller's business, of title to tangible movable property to the purchaser. See Louisiana Revised Statutes 26:901
  • Retailer: means a person who sells agricultural liming materials to consumers in this state. See Louisiana Revised Statutes 3:1430.2
  • Retailer: means "retail dealer" as provided in La. See Louisiana Revised Statutes 13:5072
  • Retaliatory action: means the refusal to continue an agreement, or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith. See Louisiana Revised Statutes 26:802
  • 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 allowance: shall mean any benefit paid to a member under La. See Louisiana Revised Statutes 11:2252
  • Retirement system: shall mean the Firefighters' Retirement System as established in La. See Louisiana Revised Statutes 11:2252
  • Risk retention group: means any corporation or other limited liability association formed under the laws of any state, Bermuda, or the Cayman Islands:

    (a)  Whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members. See Louisiana Revised Statutes 22:482

  • Road hazard: shall include but not be limited to potholes, rocks, curbs, wood debris, other debris, nails, screws, bolts, metal parts, or glass; however, "road hazard" shall not include any damage caused by collision with another vehicle, vandalism, or other causes usually covered under the comprehensive or collision coverages provided by an automobile physical damage policy. See Louisiana Revised Statutes 22:361
  • Rules: means all rules, regulations, or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society. See Louisiana Revised Statutes 22:284
  • Rural Property: means a tract of land which is at least forty acres in area and from which at least seventy-five percent of the income derived is from agricultural or livestock purposes or mineral income and which is not located within the territorial limits of any incorporated municipality. See Louisiana Revised Statutes 9:5321
  • Sales entity affiliate: means an entity that sells cigarettes that it acquires directly from a manufacturer or importer and is affiliated with that manufacturer or importer as established by documentation received directly from that manufacturer or importer to the satisfaction of the attorney general. See Louisiana Revised Statutes 26:901
  • Sales Entity Affiliate: means an entity that sells cigarettes that it acquires directly from a manufacturer or importer and is affiliated with that manufacturer or importer as established by documentation received directly from that manufacturer or importer to the satisfaction of the attorney general. See Louisiana Revised Statutes 13:5072
  • Sales territory: means an area of exclusive sales responsibility for the brand or brands of beer sold by a supplier as designated by an agreement. See Louisiana Revised Statutes 26:802
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 22:242
  • Secretary: means the secretary of the Department of Revenue and includes any of his duly authorized assistants. See Louisiana Revised Statutes 26:901
  • Secretary: means the head of the Department of Revenue, which is the agency responsible for collection of the excise tax on cigarettes. See Louisiana Revised Statutes 13:5072
  • Secretary: means the secretary of corrections. See Louisiana Revised Statutes 15:1151
  • Secretary: means the secretary of the Louisiana Department of Public Safety and Corrections. See Louisiana Revised Statutes 15:1199.3
  • Self-service display: means any display that contains tobacco products, alternative nicotine products, or vapor products, and is located in an area openly accessible to the retail dealer's customers and from which such customers can readily access tobacco products, alternative nicotine products, or vapor products without the assistance of a salesperson. See Louisiana Revised Statutes 26:901
  • Self-service storage facility: means any real property designed and used for the purpose of renting or leasing individual storage space to lessees who are to have access to such for the purpose of storing and removing movable property. See Louisiana Revised Statutes 9:4757
  • sell: means any transfer, exchange, or barter in any manner or by any means for any consideration. See Louisiana Revised Statutes 26:901
  • sell: means any transfer, exchange, or barter in any manner or by any means for any consideration. See Louisiana Revised Statutes 13:5072
  • Service: shall mean service rendered as an employee as described in Paragraph (10) of this Section. See Louisiana Revised Statutes 11:2252
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Share exchange: means a business combination pursuant to La. See Louisiana Revised Statutes 12:1-1101
  • Shipper: means a person that enters into a contract of transportation with a carrier. See Louisiana Revised Statutes 10:7-102
  • Similarly situated wholesalers: means wholesalers of a supplier that are of a generally comparable size, and operate in markets with similar demographic characteristics, including population size, density, distribution, and vital statistics, as well as reasonably similar economic and geographic conditions. See Louisiana Revised Statutes 26:802
  • Skilled craftsman: means a person who has completed training and certification or licensing in a skilled craft or an apprentice occupation as defined by the Louisiana Workforce Commission which may include but is not limited to electrician, plumber, pipefitter, welder, millwright, heavy equipment operator, carpenter, heating, ventilation and air-conditioning technician, heavy construction, building construction, or machinist. See Louisiana Revised Statutes 15:1199.3
  • Smokeless tobacco: means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity. See Louisiana Revised Statutes 26:901
  • Smoking tobacco: includes granulated, plug cut, crimp cut, ready rubbed, and any other kind and form of tobacco prepared in such manner as to be suitable for smoking in pipe or cigarette. See Louisiana Revised Statutes 26:901
  • Society: means fraternal benefit society. See Louisiana Revised Statutes 22:284
  • Stamp: means the impression, device, stamp, label, or print manufactured or printed as prescribed by the secretary by the use of which the tax levied hereunder is paid. See Louisiana Revised Statutes 26:901
  • Stamping agent: means a dealer that is authorized to affix tax stamps to packages or other containers of cigarettes under La. See Louisiana Revised Statutes 26:901
  • Stamping agent: means a dealer that is authorized to affix tax stamps to packages or other containers of cigarettes under La. See Louisiana Revised Statutes 13:5072
  • State: means any state of the United States and the District of Columbia. See Louisiana Revised Statutes 22:482
  • State agency: means an office, department, board, bureau, commission, council, institution, college or university, division, officer, or other person or group within the executive, judicial, or legislative branch of state government that is authorized to exercise or that exercises any of the functions of the government of the state of Louisiana. See Louisiana Revised Statutes 25:121.1
  • state agency: means any board, commission, department, agency, special district, authority, or other entity of the state and, as used in La. See Louisiana Revised Statutes 13:5102
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscriber: means the person who is responsible for payment to a health maintenance organization or whose employment or other status, except for family dependence, is the basis for eligibility for enrollment in the health maintenance organization. See Louisiana Revised Statutes 22:242
  • subscriber: means the participant or policyholder; "attorney-in-fact" means the representative of the subscribers through whom reciprocal insurance is exchanged; and "reciprocal insurer" means the organization or group of all the subscribers. See Louisiana Revised Statutes 22:161
  • Successor: means a person who replaces a supplier, importer, broker, or wholesaler with regard to the right to manufacture, sell, distribute, broker, or import a brand or brands of beer or light wine. See Louisiana Revised Statutes 26:802
  • suit: means civil actions as defined in Code of Civil Procedure Art. See Louisiana Revised Statutes 13:5102
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplier: means a manufacturer or importer of beer and light wine brands as registered with the commissioner. See Louisiana Revised Statutes 26:802
  • Task force: means a parish or regional council comprised of governmental leaders and agency representatives from applicable state, tribal, or local entities, service providers, nonprofit organizations, and key stakeholders. See Louisiana Revised Statutes 15:1199.3
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tobacco product: means any cigar, cigarette, smokeless tobacco, or smoking tobacco. See Louisiana Revised Statutes 26:901
  • Tobacco product manufacturer: means an entity that after July 1, 1999, directly, and not exclusively through any affiliate:

    (a)  Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer, as that term is defined in the Master Settlement Agreement, that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States). See Louisiana Revised Statutes 13:5062

  • Tobacconist: means any bona fide tobacco retailer engaged in receiving bulk smoking tobacco for the purpose of blending such tobacco for retail sale at a particular retail outlet where fifty percent or more of the total purchases for the preceding twelve months were purchases of tobacco products, excluding cigarettes. See Louisiana Revised Statutes 26:901
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trade: means to distribute, to offer for sale, to offer for acquisition, to buy, to sell, to barter, to exchange, to give, to receive, to donate, or to bequest, whether by physical delivery or by subterfuge. See Louisiana Revised Statutes 25:953
  • Trade discount: means any discount immediately recognized by a wholesale dealer from the manufacturer, importer, or sales entity affiliate or by a retail dealer from a manufacturer, importer, sales entity affiliate, or wholesale dealer. See Louisiana Revised Statutes 26:901
  • 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.
  • 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
  • Unit: means a part of the condominium property subject to individual ownership. See Louisiana Revised Statutes 9:1121.103
  • Units sold: means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question, as measured by excise taxes collected by the state on packs, or "roll-your-own" tobacco containers, bearing the excise tax stamp of the state. See Louisiana Revised Statutes 13:5062
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Vapor product: includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. See Louisiana Revised Statutes 26:901
  • Vehicle: means any vehicle that is required to be titled pursuant to the Vehicle Certificate of Title Law (La. See Louisiana Revised Statutes 22:361
  • Vehicle component coverage contracts: means a contract which provides the owner or purchaser of a motor vehicle with one or more of the following coverages:

                (a) "Paintless dent repair contract" means a contract which provides for the repair of or promises to pay for all or part of the cost to repair or remove dents, dings, or creases from the exterior of the motor vehicle utilizing the paintless dent repair process, provided that a paintless dent repair contract shall not cover sanding, bonding, painting, or the replacement of body panels. See Louisiana Revised Statutes 22:361

  • Vehicle mechanical breakdown insurance policy: means any contract, agreement, or instrument whereby a person other than the owner, seller, or lessor of a vehicle assumes the risk of or the expense or portion thereof for the mechanical breakdown or mechanical failure of a motor vehicle and may include other customer assistance and convenience services, such as vehicle rental assistance, towing assistance, trip interruption, and roadside assistance. See Louisiana Revised Statutes 22:361
  • Vehicle mechanical breakdown insurer: means any person or organization, whether domestic, foreign, or alien, issuing or attempting to issue vehicle mechanical breakdown policies or vehicle component coverage contracts as defined herein. See Louisiana Revised Statutes 22:361
  • Vending machine: means any mechanical, electric, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, automatically dispenses tobacco products, alternative nicotine products, or vapor products. See Louisiana Revised Statutes 26:901
  • Vending machine operator: means any person who controls the use of one or more vending machines as to the supply of cigarettes or any tobacco products in the machine or the receipts from cigarettes vended through such machines. See Louisiana Revised Statutes 26:901
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Verified mail: means any method of mailing that is offered by the United States Postal Service or a private delivery service that provides evidence of mailing. See Louisiana Revised Statutes 9:4757
  • Warehouse: means a person engaged in the business of storing goods for hire. See Louisiana Revised Statutes 10:7-102
  • Wholesale dealer: means a dealer whose principal business is that of a wholesaler, who sells cigarettes, cigars, other tobacco products, vapor products, or alternative nicotine products to retail dealers for the purpose of resale, who is a bona fide wholesaler, and fifty percent of whose total tobacco, vapor, and alternative nicotine sales are to retail stores other than its own or those of its subsidiaries or parent companies within Louisiana. See Louisiana Revised Statutes 26:901
  • Wholesaler: means a wholesaler of beer and light wine as licensed under this Title. See Louisiana Revised Statutes 26:802
  • Wireless telecommunications device: means a cellular telephone, a text messaging device, a personal digital assistant, a stand-alone computer, or any other substantially similar wireless device. See Louisiana Revised Statutes 9:4757
  • Workforce development work release: means a program for on-the-job training of inmates who are participating in or have completed the inmate rehabilitation and workforce development program authorized by the provisions of this Part. See Louisiana Revised Statutes 15:1199.3
  • 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.
  • years of service: shall mean the number of twelve-month periods a member has which are creditable toward receiving retirement benefits from the retirement system. See Louisiana Revised Statutes 11:2252