Louisiana Revised Statutes > Title 29 > Chapter 1 > Part II > Subpart J – Punitive Articles
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Terms Used In Louisiana Revised Statutes > Title 29 > Chapter 1 > Part II > Subpart J - Punitive Articles
- 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.
- Allegation: something that someone says happened.
- 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.
- 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.
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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
- Board: means the Board of Supervisors of Community and Technical Colleges. See Louisiana Revised Statutes 17:3394.2
- Board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:3822
- Board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:3873
- boards: means the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the Board of Supervisors for the University of Louisiana System, and the Board of Supervisors of Community and Technical Colleges, or any of these boards. See Louisiana Revised Statutes 17:3202
- Chancellor: means the chief executive officer of a public postsecondary education institution. See Louisiana Revised Statutes 17:3399.12
- 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.
- Charter school: means an independent public school that provides a program of elementary or secondary education, or both, established pursuant to and in accordance with the provisions of this Chapter to provide a learning environment that will improve pupil achievement. See Louisiana Revised Statutes 17:3973
- Chartering authority: means either a local school board or the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:3973
- Committee: means the Teacher Incentive Pay Models Program Advisory Committee. See Louisiana Revised Statutes 17:3822
- Community college: means any postsecondary institution which offers an associate academic degree as well as vocational-technical and other educational programs, but which is not approved to offer a baccalaureate degree. See Louisiana Revised Statutes 17:3202
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Confidential advisor: means a person designated by an institution to provide emergency and ongoing support to students who are alleged victims of power-based violence. See Louisiana Revised Statutes 17:3399.12
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: means the nonprofit corporation which may be utilized to accomplish the purposes of this Part. See Louisiana Revised Statutes 17:3394.2
- 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.
- Cross examine: Questioning of a witness by the attorney for the other side.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Education. See Louisiana Revised Statutes 17:3602
- Department: means the state Department of Education. See Louisiana Revised Statutes 17:3822
- Department: means the state Department of Education. See Louisiana Revised Statutes 17:3873
- 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.
- Division of administration: means the division of administration created within the office of the governor by Title 39 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 17:3394.2
- Economically disadvantaged: means any one of the following characteristics of a student:
(a) Is eligible for Louisiana's food assistance program for low-income families. See Louisiana Revised Statutes 17:3973
- Employee: means :
(a)(i) An administrative officer, official, or employee of a public postsecondary education board or institution. See Louisiana Revised Statutes 17:3399.12
- 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
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Ethics board: means the ethics body which has jurisdiction over elected officials under Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 33:9662
- 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.
- Ex officio: Literally, by virtue of one's office.
- Expressive activities: include but are not limited to any lawful verbal or written means by which individuals or groups communicate ideas to one another, as provided by the First Amendment of the Constitution of the United States of America and by the Constitution of Louisiana, including all forms of peaceful assembly, protest, speech, distribution of literature, carrying signs, and circulating petitions. See Louisiana Revised Statutes 17:3399.31
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- 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.
- 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
- Foster youth: means any individual in the care, custody, or guardianship of the Department of Children and Family Services in the foster care program for any six of the seventy-two months immediately prior to his eighteenth birthday. See Louisiana Revised Statutes 17:3399.21
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Institution: means a public postsecondary education institution. See Louisiana Revised Statutes 17:3399.12
- 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
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- 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.
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local school board: means any city, parish, or other local public school board. See Louisiana Revised Statutes 17:3973
- Local superintendent: means the appropriate city or parish school superintendent. See Louisiana Revised Statutes 17:3822
- Local system: means the appropriate city or parish school board or system. See Louisiana Revised Statutes 17:3822
- Material and substantial disruption: means when a person, with the intent and knowledge of doing so, significantly hinders expressive activity, prevents the communication of the message, or prevents the transaction of the business of a lawful meeting, gathering, or procession by either of the following:
(a) Engaging in fighting, violence, or similar unlawful behavior. See Louisiana Revised Statutes 17:3399.31
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- 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.
- 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.
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: means an individual, partnership, committee, association, corporation, and any other organization or group of persons. See Louisiana Revised Statutes 33:9662
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Personal property: All property that is not real property.
- Pilot program: means a pilot teacher incentive pay program submitted, approved, or undertaken pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 17:3822
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plan: means an uncompleted professional improvement program. See Louisiana Revised Statutes 17:3602
- Power-based violence: means any form of interpersonal violence intended to control or intimidate another person through the assertion of power over the person and shall include the following:
(a) Dating violence (La. See Louisiana Revised Statutes 17:3399.12
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Program: means a completed five-year professional improvement program, or refers to the subject of this Chapter. See Louisiana Revised Statutes 17:3602
- Program: means the Teacher Incentive Pay Models Program established in this Chapter. See Louisiana Revised Statutes 17:3822
- Project: means the acquisition, purchase, construction, renovation, improvement, or expansion of a public facility, to be financed as authorized and provided in this Part and La. See Louisiana Revised Statutes 17:3394.2
- Public facilities: means buildings, equipment, and other permanent property or immovable property of the colleges within the Louisiana Community and Technical College System, as specifically identified in La. See Louisiana Revised Statutes 17:3394.2
- Public school: means any public elementary, middle, junior high, or high school in this state. See Louisiana Revised Statutes 17:3602
- 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.
- Responsible employee: means an employee as defined in this Section who receives a direct statement regarding or witnesses an incident of power-based violence. See Louisiana Revised Statutes 17:3399.12
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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.
- State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:3973
- Student: means any person who is enrolled on a full-time or part-time basis in a public postsecondary education institution. See Louisiana Revised Statutes 17:3399.31
- Student organization: means an officially recognized group at a public postsecondary education institution, or a group seeking official recognition, comprised of enrolled students. See Louisiana Revised Statutes 17:3399.31
- Student-on-student discriminatory harassment: means unwelcome conduct that targets its victim on the basis of a class protected under federal, state, or local law and that is so severe, pervasive, and objectively offensive and so undermines and detracts from the victim's educational experience that the victim is effectively denied equal access to an institution's resources and opportunities. See Louisiana Revised Statutes 17:3399.31
- Superintendent: means the state superintendent of education. See Louisiana Revised Statutes 17:3822
- system: means and refers to the programs and institutions under the jurisdiction of the respective management boards for postsecondary education created by or under authority of the Constitution of Louisiana. See Louisiana Revised Statutes 17:3202
- Teacher: means any public school classroom teacher, librarian, school counselor, secondary vocational instructor, principal, assistant principal, or other personnel for whom a valid Louisiana teaching certificate is required for employment; any teacher in an institution which offers thirteenth and fourteenth grade instruction; any speech therapist who possesses a valid Louisiana ancillary certificate issued by the State Board of Elementary and Secondary Education; and any instructor seeking to continue in the program who has been transferred from the Department of Public Safety and Corrections to vocational-technical schools under the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:3602
- Teaching certificate: means a certificate issued by the department to school personnel pursuant to the requirements fixed by the department or by law. See Louisiana Revised Statutes 17:3602
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Title IX coordinator: means the individual designated by a public postsecondary education institution as the institution's official for coordinating the institution's efforts to comply with and carry out its responsibilities under Title IX of the Education Amendments of 1972. See Louisiana Revised Statutes 17:3399.12
- 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.
- 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.
- Venue: The geographical location in which a case is tried.
- Victim advocate: work with prosecutors and assist the victims of a crime.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.