Terms Used In Louisiana Revised Statutes > Title 32 > Chapter 4-C > Part I - Definitions and General Provisions

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• 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.
• Board: means the Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board. See Louisiana Revised Statutes 46:2632
• Bona fide medication sample: means a drug, chemical, or medication packaged by the original manufacturer thereof in such quantity as does not exceed a reasonable therapeutic dosage for a period in excess of one week and provided at no cost to a physician for administration or dispensation to a patient at no cost to the patient. See Louisiana Revised Statutes 46:2622
• 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.
• Commission: means the State Bond Commission of the state. See Louisiana Revised Statutes 39:1410.42
• Commission: means the Louisiana Used Motor Vehicle Commission or its designee. See Louisiana Revised Statutes 32:781
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:2622
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:2632
• 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.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismantler and parts recycler: means a person, firm, or corporation engaged in whole or in part in the business of acquiring and dismantling, disassembling, or repairing wrecked, abandoned, or repairable motor vehicles or selling the usable parts thereof, or selling such wrecked, abandoned, or repairable motor vehicles as a unit of wholesale, or selling such repaired motor vehicles as a unit at wholesale. See Louisiana Revised Statutes 32:781
• Dispensing physician: means any physician in the state of Louisiana who has registered as a dispensing physician with the Louisiana State Board of Medical Examiners and who dispenses to his patients any drug, chemical, or medication, except a bona fide medication sample. See Louisiana Revised Statutes 46:2622
• 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}
• Fund: means the state general fund. See Louisiana Revised Statutes 39:1410.42
• Fund: means the Louisiana Medical Assistance Trust Fund. See Louisiana Revised Statutes 46:2622
• Fund: means the Traumatic Head and Spinal Cord Injury Trust Fund. See Louisiana Revised Statutes 46:2632
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intermediate care facility for people with developmental disabilities: means a facility which is licensed as an intermediate care facility for people with developmental disabilities in accordance with La. See Louisiana Revised Statutes 46:2622
• 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}
• Medicaid program: means the medical assistance program as established in Title XIX of the Social Security Act and as administered in the state of Louisiana by the Louisiana Department of Health. See Louisiana Revised Statutes 46:2622
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle: means any motor-driven vehicle required to be registered that was used, is used, or is designed to be used for the transporting of passengers or goods for public, private, commercial, or for-hire purposes. See Louisiana Revised Statutes 32:781
• Motor vehicle crusher: means any person, firm, limited liability corporation, or corporation engaged in whole or in part in the business of purchasing and crushing or compacting motor vehicles and selling the crushed or compacted vehicle for scrap. See Louisiana Revised Statutes 32:781
• Nursing facility: means a facility which is licensed as a nursing home in accordance with La. See Louisiana Revised Statutes 46:2622
• 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.
• Out-of-state pharmacist: means any natural person who is licensed or registered as a pharmacist by a state other than Louisiana, who is a resident of and domiciled in a state other than Louisiana, and who fills, compounds, or dispenses out-of-state prescriptions. See Louisiana Revised Statutes 46:2622
• Out-of-state pharmacy: means any natural person, firm, corporation, partnership, or other juridical person, that is permitted as a pharmacy by a state other than Louisiana, and that, through or by out-of-state pharmacists, sells at retail, fills, dispenses, or furnishes out-of-state prescriptions. See Louisiana Revised Statutes 46:2622
• Out-of-state prescription: means a physician's order, written or oral, for a drug, chemical, medicine, device, or a combination thereof, that is filled, compounded or dispensed by an out-of-state pharmacist at a location outside the state of Louisiana, provided that the person for whom the physician issued the order is a resident of and domiciled in the state of Louisiana. See Louisiana Revised Statutes 46:2622
• Out-patient prescription: means a prescription dispensed to an individual who is not an in-patient of a facility licensed by the Louisiana Department of Health as a hospital. See Louisiana Revised Statutes 46:2622
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
• Pharmacist: means any natural person who is licensed or registered as a pharmacist by the state of Louisiana, who is a resident of and domiciled in the state of Louisiana, and who fills, compounds, or dispenses prescriptions. See Louisiana Revised Statutes 46:2622
• Pharmacy: means any natural person, firm, corporation, partnership, or other juridical person that is permitted as a pharmacy by the state of Louisiana, that is located within the state of Louisiana, and that through or by pharmacists, sells at retail, fills, dispenses, or furnishes prescriptions. See Louisiana Revised Statutes 46:2622
• Physician: means any licensed medical doctor, dentist, or other licensed practitioner authorized to prescribe or order any drug, chemical, medicine, device, or a combination thereof, to be filled, compounded, or dispensed by a pharmacist. See Louisiana Revised Statutes 46:2622
• Place of business: means the place owned or leased and regularly occupied by a person, partnership, corporation, limited liability company, or other entity licensed under the provisions of this Chapter for the principal purpose of auctioning, renting, or selling used motor vehicles, crushing or compacting used motor vehicles and selling the crushed or compacted vehicle for scrap, or engaging in the business of a dismantler and parts recycler, where the products for sale are displayed and offered for sale, and where the books and records required for the conduct of the business are maintained and kept. See Louisiana Revised Statutes 32:781
• Prescription: means a physician's order, written, oral, or electronically transmitted for a drug, chemical, medicine, device, or a combination thereof, that is filled, compounded, or dispensed by a licensed or registered pharmacist or dispensing physician. See Louisiana Revised Statutes 46:2622
• Public or retail motor vehicle auction: means the act of any person, partnership, corporation, limited liability company, or other entity engaging in, for a commission, compensation, or other consideration, the business of providing vehicle auction services at an established place of business which is not open exclusively to motor vehicle dealers, dismantlers, and parts recyclers. See Louisiana Revised Statutes 32:781
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Scrap metal processor: means any person or entity engaged in the business of obtaining and storing scrap metal, as defined by La. See Louisiana Revised Statutes 32:781
• Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 46:2622
• Service of process: The service of writs or summonses to the appropriate party.
• Spinal cord injury: means an insult to the spinal cord, not of a degenerative or congenital nature, but caused by an external physical force resulting in paraplegia or quadriplegia. See Louisiana Revised Statutes 46:2632
• 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.
• Ultimate purchaser: means the first person or corporate entity, other than a dealer purchasing in his capacity as a dealer, who in good faith purchases a new motor vehicle for purposes other than resale. See Louisiana Revised Statutes 32:781
• Used motor vehicle: means a motor vehicle, which has been previously titled to an ultimate purchaser as defined in La. See Louisiana Revised Statutes 32:781
• Used motor vehicle dealer: means any person, partnership, corporation, limited liability company, or other entity who, for a commission or with intent to make a profit or gain of money or other thing of value, buys, sells, brokers, exchanges, rents with option to purchase, auctions at retail or public, offers, or attempts to negotiate a sale or exchange of an interest in used motor vehicles and who is engaged wholly or in part in the business of buying and selling used motor vehicles, whether such motor vehicles are owned by such person and whether the motor vehicles are sold from a dealership location or via any form of advertising, including but not limited to the Internet. See Louisiana Revised Statutes 32:781
• Venue: The geographical location in which a case is tried.