Terms Used In Montana Code > Title 5 > Chapter 2 > Part 4 - Vacancies

• Armed: means an endorsement authorizing a private investigator or a private security guard to possess and use one or more firearms in the performance of professional duties according to training and reporting requirements prescribed by this chapter and department rule. See Montana Code 37-60-101
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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.
• 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 labor and industry provided for in 2-15-1701. See Montana Code 37-60-101
• Electronic security firm: means a person who sells, installs, services, or maintains a security alarm system and who employs security alarm installers. See Montana Code 37-60-101
• 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.
• 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.
• 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
• Licensee: means a person licensed under this chapter. See Montana Code 37-60-101
• Lien: A claim against real or personal property in satisfaction of a debt.
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• Oath: A promise to tell the truth.
• 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.
• 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
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• 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.
• Private investigator: means an individual who for any consideration makes or agrees to make any investigation relevant to:

  (a)crimes against the United States or any state or territory of the United States;

  (b)the identity, habits, conduct, business, occupation, honesty, integrity, trustworthiness, efficiency, loyalty, activity, movement, location, affiliations, associations, transactions, reputation, or character of any person;

  (c)the location, disposition, or recovery of lost or stolen property;

  (d)the cause of or responsibility for any fires, libels, losses, accidents, or injury to persons or property; or

  (e)gathering evidence to be used before any court, board, officer, or investigating committee. See Montana Code 37-60-101

• Private security firearms instructor: means an individual who instructs private investigators and private security guards in the use of firearms that may be used while performing professional duties. See Montana Code 37-60-101
• Private security firm: means a person who provides one or more of the following:

  (a)private security guard services;

  (b)armed private security guard services; or

  (c)armed carrier services. See Montana Code 37-60-101

• Private security guard: means an individual employed by a private security firm to protect persons or property or to direct public movement in public areas. See Montana Code 37-60-101
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• 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
• Registered process server: means a person described in 25-1-1101. See Montana Code 37-60-101
• Security alarm installer: means an individual employed by an electronic security firm to sell, install, service, or maintain security alarm systems to detect and signal unauthorized intrusion, movement, break-in, or criminal acts. See Montana Code 37-60-101
• Security alarm system: means an assembly of equipment and devices or a single device or a portion of a system intended to detect or signal or to both detect and signal unauthorized intrusion, movement, or criminal acts at a location. See Montana Code 37-60-101
• 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: 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.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Verdict: The decision of a petit jury or a judge.
• 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