Terms Used In Montana Code > Title 7 > Chapter 11
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Agency: means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, or enter into contracts except:
(a) the legislature and any branch, committee, or officer thereof;
(b) the judicial branches and any committee or officer thereof;
(c) the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or
(d) the state military establishment and agencies concerned with civil defense and recovery from hostile attack. See Montana Code 2-3-102
- Agency action: means the whole or a part of the adoption of an agency rule, the issuance of a license or order, the award of a contract, or the equivalent or denial thereof. See Montana Code 2-3-102
- 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
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Chambers: A judge's office.
- Commission: means an interlocal cooperation commission established pursuant to 7-11-204. See Montana Code 7-11-203
- Committee on committees: Committees formed in each party conference and responsible for nominating the party's Senators to committee membership and committee leadership positions. Nominations are subject to approval by the full party conference and to a formal vote of the Senate.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Devise: To gift property by will.
- Donor: The person who makes a gift.
- 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
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing body: means the legislative authority of a local government. See Montana Code 7-11-1002
- Grantor: The person who establishes a trust and places property into it.
- 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.
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Local government: means a city, town, county, or consolidated city-county government or any combination of these acting jointly. See Montana Code 7-11-1002
- 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 whip: See Whips.
- 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 whip: See Whips.
- 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.
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- 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.
- Principal city: means the city having the largest population in the county under consideration according to the latest federal decennial census. See Montana Code 7-11-203
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- 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.
- Rule: means any agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedures, or practice requirements of any agency. See Montana Code 2-3-102
- Several: means two or more. See Montana Code 1-1-201
- Special district: means a unit of local government that is authorized by law to perform a single function or a limited number of functions. See Montana Code 7-11-1002
- Unit of local government: means a county, city, or town. See Montana Code 7-11-203
- Writing: includes printing. See Montana Code 1-1-203