Terms Used In Montana Code > Title 37 > Chapter 1 - General Provisions

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• 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
• Board: means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121. See Montana Code 37-1-130
• Board: means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121. See Montana Code 37-1-302
• Board action: means a policy, rule, or other action taken by a board subject to subsection (1)(d). See Montana Code 37-1-121
• Commissioner: means the commissioner of labor and industry unless otherwise specified. See Montana Code 37-1-121
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: means a written allegation filed with a board that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant. See Montana Code 37-1-302
• Complaint: means a written allegation filed with the department that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant. See Montana Code 37-1-401
• 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 labor and industry established in 2-15-1701. See Montana Code 37-1-130
• Department: means the department of labor and industry. See Montana Code 37-1-302
• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-1-401
• Department program: means a program administered by the department pursuant to this title and not affiliated with a board. See Montana Code 37-1-130
• 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:
• 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.
• Expired license: means a license that is not reactivated within the period of 46 days to 2 years after the renewal date for the license. See Montana Code 37-1-130
• Fraud: Intentional deception resulting in injury to another.
• 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.
• Investigation: means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a written complaint or other information before a board, that is carried out for the purpose of determining:

  (a)whether a person has violated a provision of law justifying discipline against the person;

  (b)the status of compliance with a stipulation or order of the board;

  (c)whether a license should be granted, denied, or conditionally issued; or

  (d)whether a board should seek an injunction. See Montana Code 37-1-302

• Investigation: means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a complaint or other information before the department, that is carried out for the purpose of determining:

  (a)whether a person has violated a provision of law justifying discipline against the person;

  (b)the status of compliance with a stipulation or order of the department;

  (c)whether a license should be granted, denied, or conditionally issued; or

  (d)whether the department should seek an injunction. See Montana Code 37-1-401

• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• 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.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lapsed license: means a license that is not renewed by the renewal date and that may be reactivated within the first 45-day period after the renewal date for the license. See Montana Code 37-1-130
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• License: means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration. See Montana Code 37-1-130
• License: means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration. See Montana Code 37-1-302
• License: means permission in the form of a license, permit, endorsement, certificate, recognition, or registration granted by the state of Montana to engage in a business activity or practice at a specific level in a profession or occupation governed by:

  (a)Title 37, chapter 2, part 6;

  (b)Title 37, chapter 16, 40, 56, 60, 72, or 73; or

  (c)Title 50, chapter 39, 74, or 76. See Montana Code 37-1-401

• 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.
• occupation: means a profession or occupation regulated by a board. See Montana Code 37-1-302
• occupation: means a profession or occupation regulated by the department under the provisions of:

  (a)Title 37, chapter 2, part 6;

  (b)Title 37, chapter 16, 40, 49, 56, 60, 72, or 73; or

  (c)Title 50, chapter 39, 74, or 76. See Montana Code 37-1-401

• Oversight: Committee review of the activities of a Federal agency or program.
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• 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.
• 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
• Property: means real and personal property. See Montana Code 1-1-205
• 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.
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Statute: A law passed by a legislature.
• Terminated license: means a license that is not renewed or reactivated within 2 years of the license lapsing. See Montana Code 37-1-130
• 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.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203