Terms Used In Montana Code > Title 2 > Chapter 1 - Sovereignty and Jurisdiction

• Account: means the Montana military family relief fund account established in 10-1-1303. See Montana Code 10-1-1304
• Active duty: means at least 14 consecutive days of full-time state military duty, as defined in 10-1-1003, or full-time national guard duty, as defined in 32 U. See Montana Code 10-1-902
• 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.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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}
• Capital offense: A crime punishable by death.
• codes: means the Montana Code Annotated, which is a reenactment of the Revised Codes of Montana, 1947, as provided in 1-11-103. See Montana Code 1-11-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contingency operation: means an assignment within the provisions of 10 U. See Montana Code 10-1-1304
• 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: 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.
• Customary: means according to usage. See Montana Code 1-1-206
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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.
• Department: means the department of labor and industry established in 2-15-1701. See Montana Code 10-1-1003
• Dependent: means the spouse or minor child of a service member or any other person legally dependent on the service member for support. See Montana Code 10-1-902
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Donor: The person who makes a gift.
• Elected official: means an official duly elected or appointed to any state or local judicial, legislative, or executive elective office of the state, a district, or a political subdivision of the state, including a school district or any other local district. See Montana Code 10-1-1003
• Eligible service member: means a service member who meets the criteria established in 10-2-804(2). See Montana Code 10-2-802
• Eligible veteran: means a veteran of the United States armed forces who was a citizen of Montana at any time during the veteran's military service and is authorized by the U. See Montana Code 10-2-802
• Employer: means any public or private person or entity providing employment in Montana. See Montana Code 10-1-1003
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Ex officio: Literally, by virtue of one's office.
• Family member: means a person who has been approved as a dependent of a member and is enrolled as a dependent of the member in the defense enrollment eligibility reporting system of the United States department of defense. See Montana Code 10-1-1304
• Family member: means the spouse of an eligible service member or a person who is a parent, child, brother, sister, or grandparent of an eligible service member by lineage, adoption, legal guardianship, or marriage. See Montana Code 10-2-802
• Federal statute: means a federal statute that is in accord with the United States constitution and that imposes mandates on state or local governments. See Montana Code 2-1-403
• Federally funded military duty: means duty, whether voluntary or involuntary, including training, performed pursuant to orders issued under Title 10 or Title 32 of the United States Code and the time period, if any, required pursuant to a licensed physician's certification to recover from an illness or injury incurred while performing the duty. See Montana Code 10-1-1003
• 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.
• Fund: means the Montana military family relief fund established in 10-1-1302. See Montana Code 10-1-1304
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Hospital facilities: means a hospital or a hospital-related facility, including outpatient centers for primary care, outpatient centers for surgical services, rehabilitation facilities, long-term care facilities, infirmaries, and health care facilities, all as defined in 50-5-101. See Montana Code 7-34-2102
• Interment: has the meaning provided in 37-19-101. See Montana Code 10-2-501
• Intestate: Dying without leaving a will.
• Joint institution: means a county health care facility or boarding home for the aged constructed, purchased, leased, equipped, and operated by two or more counties pursuant to the terms of the contract creating it. See Montana Code 7-34-2501
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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}
• Legislative council: means the statutory committee established in 5-11-101. See Montana Code 2-1-403
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local government: means a municipality, a county, or a consolidated city-county government. See Montana Code 2-1-601
• Member: means a member of the state's organized militia provided for in 10-1-103 or a member of the national guard of another state. See Montana Code 10-1-1003
• Member: means :

  (a)a member of the Montana army national guard;

  (b)a member of the Montana air national guard; or

  (c)a Montana resident who is a member of the reserve component, as defined in 38 U. See Montana Code 10-1-1304

• Military service: means active duty with a Montana army or air national guard military unit. See Montana Code 10-1-902
• Military service: includes both federally funded military duty and state military duty, whether voluntary or involuntary. See Montana Code 10-1-1003
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Notarial act: means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. See Montana Code 1-5-602
• Notarial officer: means a notary public or other individual authorized to perform notarial acts. See Montana Code 1-5-602
• notary: means an individual commissioned to perform a notarial act by the secretary of state. See Montana Code 1-5-602
• 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.
• Official stamp: means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record. See Montana Code 1-5-602
• Paid firefighter: means a firefighter qualified under 7-33-4107 who receives full or partial pay. See Montana Code 7-33-1901
• 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.
• Permanent duty station: means a service member's official permanent workplace as depicted in the member's written military order. See Montana Code 10-1-902
• Person: means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Montana Code 1-5-602
• Personal property: All property that is not real property.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Policy: means a formal or informal rule, order, ordinance, or policy, whether written or unwritten. See Montana Code 2-1-601
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Recodify: means to compile, arrange, rearrange, and prepare for publication. See Montana Code 1-11-101
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 1-5-602
• Service member: means any member of the Montana army or air national guard serving on active duty. See Montana Code 10-1-902
• Service of process: The service of writs or summonses to the appropriate party.
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See Montana Code 1-5-602
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 1-5-602
• State agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-1-601
• State military duty: means duty, whether voluntary or involuntary, performed by a member pursuant to Article VI, section 13, of the Montana constitution, the authority of the governor of any other state, or 10-1-505 and the time period, if any, required pursuant to a licensed physician's certification to recover from an illness or injury incurred while performing the state military duty. See Montana Code 10-1-1003
• Statute: A law passed by a legislature.
• 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.
• 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.
• United States armed forces: means the active and reserve components of the United States army, marine corps, navy, air force, space force, coast guard, and national guard. See Montana Code 10-2-802
• Usual: means according to usage. See Montana Code 1-1-206
• Venue: The geographical location in which a case is tried.
• Volunteer firefighter: has the meaning provided in 19-17-102. See Montana Code 7-33-1901
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
• Writing: includes printing. See Montana Code 1-1-203