Terms Used In Montana Code > Title 7 > Chapter 4 > Part 29 - Office of County Coroner

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-26-301
• City: includes incorporated cities and towns. See Montana Code 76-1-103
• City council: means the chief legislative body of a city or incorporated town. See Montana Code 76-1-103
• Commercial or industrial activities: means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following activities are considered commercial or industrial:

  (a)agricultural, forestry, grazing, farming, and related activities, including wayside fresh produce stands;

  (b)transient or temporary activities;

  (c)activities not visible from the main-traveled way;

  (d)activities conducted in a building principally used as a residence;

  (e)railroad tracks and minor sidings;

  (f)activities more than 660 feet from the nearest edge of the right-of-way. See Montana Code 75-15-103

• Commission: means the transportation commission of Montana. See Montana Code 75-15-103
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• decommissioning: means :

  (a)except as provided in 75-26-304(2), the removal of buildings, cabling, electrical components, roads, or any other facilities associated with a wind generation or solar facility;

  (b)except as provided in 75-26-304(2), reclamation of surface lands to the previous grade and to comparable productivity in order to prevent adverse hydrologic effects; and

  (c)(i) the removal of the solar facility after the end of the facility's useful life or abandonment; or

  (ii)the removal of an aboveground wind turbine tower after the end of a wind generation facility's useful life or abandonment. See Montana Code 75-26-301

• Department: means the department of transportation. See Montana Code 75-15-103
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-26-301
• 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}
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing bodies: means the governing body of any governmental unit represented on a planning board. See Montana Code 76-1-103
• Growth policy: means a comprehensive development plan, master plan, or comprehensive plan that was adopted pursuant to this chapter before October 1, 1999, or a policy that was adopted pursuant to this chapter on or after October 1, 1999. See Montana Code 76-1-103
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• intersection: means those areas and their approaches where traffic is channeled off or onto an interstate route, including the deceleration lanes or acceleration lanes from or to another federal, state, county, city, or other route. See Montana Code 75-15-103
• Junk: means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, or waste; iron, steel, and other old or scrap ferrous or nonferrous material. See Montana Code 75-15-203
• Junkyard: means any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, excluding a motor vehicle graveyard or motor vehicle wrecking facility which is regulated under Title 75, chapter 10, part 5, and excluding a garbage dump or sanitary landfill which is regulated under Title 75, chapter 10, part 2. See Montana Code 75-15-203
• 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
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Maintenance: means to repair, refurbish, repaint, or otherwise keep an existing sign structure in a state suitable for use. See Montana Code 75-15-103
• Mayor: means mayor of a city. See Montana Code 76-1-103
• Outdoor advertising: means any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other structure that is designed, intended, or used to advertise or inform and that is visible from any place on the main-traveled way of the interstate or primary systems. See Montana Code 75-15-103
• Owner: means a person who owns a wind generation or solar facility used for the generation of electricity. See Montana Code 75-26-301
• 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.
• Person: means any individual, firm, or corporation. See Montana Code 76-1-103
• Person: means an individual person, corporation, business trust, estate, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity. See Montana Code 75-16-102
• Person: means any individual, firm, partnership, company, association, corporation, city, town, or local governmental entity or any other state, federal, or private entity, whether organized for profit or not. See Montana Code 75-26-301
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Planning board: means a city planning board, a county planning board, or a joint city-county planning board. See Montana Code 76-1-103
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Primary system: means that portion of connected main highways as officially designated or as may be designated by the commission and approved by the secretary pursuant to the provisions of Title 23, United States Code, "Highways". See Montana Code 75-15-103
• 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.
• Repurposed: means having made a significant investment in an existing wind generation or solar facility to extend the useful life of the facility by more than 5 years. See Montana Code 75-26-301
• Secretary: means the secretary of the United States department of transportation. See Montana Code 75-15-103
• 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.
• Solar facility: means an installation or combination of solar panels or plates, including a canopy or array, that captures and converts solar radiation to produce electricity and includes flat plate, focusing solar collectors, or photovoltaic solar cells that:

  (a)has a nameplate capacity greater than or equal to 2 megawatts; and

  (b)produces electricity that is not consumed on the premises of the solar facility or on land immediately adjacent to the premises of the solar facility. See Montana Code 75-26-301

• 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.
• Streets: includes streets, avenues, boulevards, roads, lanes, alleys, and all public ways. See Montana Code 76-1-103
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Unzoned commercial or industrial area: means an area not zoned by state or local law, regulation, or ordinance that is occupied by one or more commercial or industrial activities, other than outdoor advertising, on the lands along the highway for a distance of 600 feet immediately adjacent to the activities. See Montana Code 75-15-103
• Urban area: means an urbanized area or place, as designated by the United States bureau of the census, that has a population of 5,000 or more and that is within boundaries fixed by the department. See Montana Code 75-15-103
• Utility: means any facility used in rendering service that the public has a right to demand. See Montana Code 76-1-103
• Venue: The geographical location in which a case is tried.
• Visible: means capable of being seen and legible without visual aid by a person of normal visual acuity. See Montana Code 75-15-103
• Wind generation facility: means any combination of a physically connected wind turbine or turbines, associated prime movers, and other associated property, including appurtenant land and improvements and personal property, that are normally operated together to produce electric power from wind and that have a nameplate capacity greater than or equal to 25 megawatts. See Montana Code 75-26-301
• Writing: includes printing. See Montana Code 1-1-203