Sections
Part 1 When Force Justified § 45-3-101 – § 45-3-115

Terms Used In Montana Code > Title 45 > Chapter 3 - Justifiable Use of Force

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • 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.
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Majority leader: means the leader of the majority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
  • Majority leader: see Floor Leaders
  • Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
  • Minority leader: means the leader of the minority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
  • Minority leader: See Floor Leaders
  • Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.