564-B:1-101 Short Title
564-B:1-102 Scope
564-B:1-103 Definitions
564-B:1-104 Knowledge
564-B:1-105 Default and Mandatory Rules
564-B:1-106 Common Law of Trusts; Principles of Equity
564-B:1-107 Governing Law
564-B:1-108 Principal Place of Administration
564-B:1-109 Methods and Waiver of Notice
564-B:1-110 Others Treated as Qualified Beneficiaries
564-B:1-111 Nonjudicial Settlement Agreements
564-B:1-111A Nonjudicial Dispute Resolution
564-B:1-112 Rules of Construction
564-B:1-113 Precatory Language
564-B:2-201 Role of Court in Administration of Trust
564-B:2-202 Jurisdiction Over Trustee and Beneficiary
564-B:2-203 Subject-Matter Jurisdiction
564-B:2-204 Venue
564-B:2-205 Confidential Communications
564-B:3-301 Representation; Basic Effect
564-B:3-302 Representation by Holder of a Power of Appointment
564-B:3-303 Representation by Fiduciaries and Parents
564-B:3-304 Representation by Person Having Substantially Identical Interest
564-B:3-305 Appointment of Representative
564-B:4-401 Methods of Creating Trust
564-B:4-402 Requirements for Creation
564-B:4-402A Duration of Trusts
564-B:4-403 Trusts Created in Other Jurisdictions
564-B:4-404 Trust Purposes
564-B:4-405 Charitable Purposes; Enforcement
564-B:4-406 Validity of Trusts
564-B:4-407 Evidence of Oral Trust
564-B:4-408 Trust for Care of Animal
564-B:4-409 Noncharitable Trust Without Ascertainable Beneficiary
564-B:4-410 Modification or Termination of Trust; Proceedings for Approval or Disapproval
564-B:4-411 Modification or Termination of Noncharitable Irrevocable Trust by Consent
564-B:4-412 Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively
564-B:4-413 Cy Pres
564-B:4-414 Modification or Termination of Uneconomic Trust
564-B:4-415 Reformation to Correct Mistakes
564-B:4-416 Modification to Achieve Settlor’s Tax Objectives
564-B:4-417 Combination and Division of Trusts
564-B:4-418 Trustee’s Power to Decant Trust
564-B:4-419 Trustee’s Power of Modification
564-B:5-501 Creditor’s Claim Against a Beneficiary
564-B:5-502 Creditor’s Claim Against a Beneficiary of a Trust Containing a Spendthrift Provision
564-B:5-504 Creditor’s Claim Against a Beneficiary of a Discretionary Trust
564-B:5-505 Creditor’s Claim Against a Settlor of a Revocable Trust
564-B:5-505A Creditor’s Claim Against a Settlor of an Irrevocable Trust
564-B:5-505B Coordination with Qualified Dispositions in Trusts
564-B:5-506 Overdue Distribution
564-B:5-507 Personal Obligations of Trustee
564-B:5-508 Disposition of Claims Against the Settlor
564-B:5-509 Disposition of Claims Against a Trust
564-B:5-510 Limitation on Personal Liability of Beneficiaries
564-B:5-511 Limitation on Personal Liability of Settlors
564-B:6-601 Capacity of Settlor of Revocable Trust
564-B:6-602 Revocation or Amendment of Revocable Trust
564-B:6-603 Settlor’s Powers; Powers of Withdrawal
564-B:6-604 Limitation on Action Contesting Validity of Revocable Trust; Distribution of Trust Property
564-B:7-701 Accepting or Declining Trusteeship
564-B:7-702 Trustee’s Bond
564-B:7-703 Cotrustees
564-B:7-704 Vacancy in Trusteeship; Appointment of Successor
564-B:7-705 Resignation of Trustee
564-B:7-706 Removal of Trustee
564-B:7-707 Delivery of Property by Former Trustee
564-B:7-708 Compensation of Trustee
564-B:7-709 Reimbursement of Expenses
564-B:7-710 Coordination with RSA 564
564-B:7-711 Divided Trusts and Directed Trusts
564-B:7-712 Vacancy in a Divided Trust or Directed Trust
564-B:8-801 Duty to Administer, Invest and Manage Trust, and Distribute Trust Property
564-B:8-802 Duty of Loyalty
564-B:8-803 Impartiality
564-B:8-804 Prudent Administration
564-B:8-805 Costs of Administration
564-B:8-806 Trustee’s Skills
564-B:8-807 Delegation by Trustee to an Agent
564-B:8-808 Powers to Direct
564-B:8-809 Control and Protection of Trust Property
564-B:8-810 Recordkeeping and Identification of Trust Property
564-B:8-811 Enforcement and Defense of Claims
564-B:8-812 Collecting Trust Property
564-B:8-813 Duty to Inform and Report
564-B:8-814 Discretionary Powers; Tax Savings
564-B:8-815 General Powers of Trustee
564-B:8-816 Specific Powers of Trustee
564-B:8-817 Distribution upon Termination
564-B:9-901 Prudent Investor Rule
564-B:9-902 Standard of Care; Portfolio Strategy; Risk and Return Objectives
564-B:9-903 Diversification
564-B:9-904 Duties at Inception of Trusteeship
564-B:9-905 Reviewing Compliance
564-B:9-906 Language Invoking Standard of Article
564-B:9-907 Governing Law
564-B:10-1001 Remedies for Breach of Trust
564-B:10-1002 Damages for Breach of Trust
564-B:10-1003 Damages in Absence of Breach
564-B:10-1004 Attorney’s Fees and Costs
564-B:10-1005 Limitation of Action Against a Trustee by a Beneficiary
564-B:10-1005A Limitation of Action Against a Trustee by a Trustee, Trust Advisor, or Trust Protector
564-B:10-1006 Reliance on Trust Instrument
564-B:10-1007 Event Affecting Administration or Distribution
564-B:10-1008 Exculpation of Trustee
564-B:10-1009 Beneficiary’s Consent, Release, or Ratification
564-B:10-1010 Limitation on Personal Liability of Trustee
564-B:10-1011 Interest as General Partner
564-B:10-1012 Protection of Person Dealing with Trustee
564-B:10-1013 Certification of Trust
564-B:10-1014 Enforcement of No-Contest Provision
564-B:10-1015 Beneficiary’s Disclaimer of an Interest in a Trust
564-B:10-1016 Powers of Appointment
564-B:11-1101 Uniformity of Application and Construction
564-B:11-1102 Electronic Records and Signatures
564-B:11-1103 Severability Clause
564-B:11-1104 Application to Existing Relationships
564-B:12-1201 Powers of Trust Advisors and Trust Protectors
564-B:12-1202 Trust Advisors and Trust Protectors as Fiduciaries
564-B:12-1203 Trust Advisor and Trust Protector Subject to Court Jurisdiction
564-B:12-1204 No Duty to Review Actions of Trustee, Trust Advisor, or Trust Protector
564-B:12-1205 Fiduciary’s Liability for Action or Inaction of Trustee, Trust Advisor, and Trust Protector
564-B:12-1206 Limitation of Action Against a Trust Advisor or Trust Protector
564-B:12-1207 Office of the Trust Advisor or Trust Protector
564-B:12-1208 Delegation to an Agent
564-B:12-1209 Delegation to a Trustee, Trust Advisor, or Trust Protector
564-B:12-1210 Employing Attorneys, Agents, and Other Persons

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Terms Used In New Hampshire Revised Statutes > Chapter 564-B - New Hampshire Trust Code

  • Active duty: means full-time duty as an enlisted member, or as a commissioned or warrant officer, in any branch of the armed forces. See New Hampshire Revised Statutes 21:50
  • Administer: means an act whereby a single dose of a drug is instilled into the body of or given to a person or animal for immediate consumption or use. See New Hampshire Revised Statutes 318-B:1
  • Advanced emergency medical care provider: means a person licensed to provide advanced emergency medical care under RSA 151-B. See New Hampshire Revised Statutes 318-B:1
  • Advanced practice registered nurse: means a person licensed to practice as an advanced practice registered nurse in this state pursuant to N. See New Hampshire Revised Statutes 318-B:1
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Amusement attraction: means any building or structure around, over, or through which people may move or walk without the aid of any moving device integral to the building or structure, that provides amusement, pleasure, thrills, or excitement. See New Hampshire Revised Statutes 321-A:1
  • Animal: means any animal other than man and includes fowl, birds, fish, and reptiles, wild or domestic, living or dead. See New Hampshire Revised Statutes 332-B:1
  • Animal physical therapist: means a person who is licensed to practice physical therapy in New Hampshire pursuant to N. See New Hampshire Revised Statutes 332-B:1
  • Animal physical therapy: means the practice of physical therapy on animals. See New Hampshire Revised Statutes 332-B:1
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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.
  • Appraisal: A determination of property value.
  • 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
  • Armed forces: means the United States Army, Army Reserve, Navy, Naval Reserve, Marine Corps, Marine Corps Reserve, Air Force, Air Force Reserve, Space Force, Coast Guard, Coast Guard Reserve, Army National Guard, and the Air National Guard. See New Hampshire Revised Statutes 21:50
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • AVMA: means the American Veterinary Medical Association. See New Hampshire Revised Statutes 332-B:1
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • biennially: when applied to meetings and elections in towns, shall mean the biennial meetings and elections required by law to be holden in the month of November biennially, dating from the commencement of biennial elections in 1878; and the word "annual" when applied to meetings and elections in towns, shall mean the annual meetings and elections required by law to be holden in the month of March. See New Hampshire Revised Statutes 21:7
  • Board: means the advisory board of respiratory care practitioners. See New Hampshire Revised Statutes 326-E:1
  • Board: means the board of veterinary medicine established in N. See New Hampshire Revised Statutes 332-B:1
  • board or commission: means any regulatory board or commission established under this title, and the mechanical licensing board established in N. See New Hampshire Revised Statutes 332-G:1
  • Business: includes every kind of private business, profession, occupation, calling, or operation of private institutions, whether carried on for profit or not. See New Hampshire Revised Statutes 337-A:1
  • business records: include books of account, vouchers, documents, cancelled checks, payrolls, correspondence, records of sales, personnel, equipment and production, reports relating to any or all such records, and other business papers. See New Hampshire Revised Statutes 337-A:1
  • Carnival or amusement ride: means a device or combination of devices that carry, convey, or direct a person or persons over or through a fixed or restricted course or within a defined area, for the primary purpose of amusement or entertainment. See New Hampshire Revised Statutes 321-A:1
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 339-A:2
  • Commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 318-B:1
  • Commissioner: means the commissioner of the department of safety. See New Hampshire Revised Statutes 321-A:1
  • 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.
  • Consultation by telecommunication: means that a respiratory care practitioner renders professional or expert opinion or advice via telecommunications or computer technology from another location. See New Hampshire Revised Statutes 326-E:1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled drug analog: means a substance, however constituted, the chemical structure of which is derivative of, or substantially similar to that of a controlled drug and:
    (1) Which has been shown in laboratory studies to bind with and activate the same central nervous receptors that are responsible for the psychoactive effects of a certain controlled drug or controlled drug class; or
    (2) With respect to a particular person, which such person represents or intends to have similar psychoactive effects on the central nervous system as a controlled drug. See New Hampshire Revised Statutes 318-B:1
  • Controlled drugs: means any drug or substance, or immediate precursor, which is scheduled pursuant to N. See New Hampshire Revised Statutes 318-B:1
  • 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.
  • corrosive: means any substance which in contact with living tissue will cause destruction of tissue by chemical action; but shall not refer to action on inanimate surfaces. See New Hampshire Revised Statutes 339-A:2
  • Crack cocaine: also known as cocaine base or rock cocaine, means the free base form of cocaine in which the molecule is not chemically combined as an acid salt. See New Hampshire Revised Statutes 318-B:1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dentist: means a person authorized by law to practice dentistry in this state. See New Hampshire Revised Statutes 318-B:1
  • Department: means the department of health and human services. See New Hampshire Revised Statutes 318-B:1
  • Department: means the department of safety. See New Hampshire Revised Statutes 321-A:1
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dispense: means to distribute, leave with, give away, dispose of, deliver, or sell one or more doses of and shall include the transfer of more than a single dose of a medication from one container to another and the labelling or otherwise identifying a container holding more than a single dose of a drug. See New Hampshire Revised Statutes 318-B:1
  • Drug dependence: means a state of physical addiction or psychic dependence, or both, upon a drug following use of that drug upon a repeated periodic or continuous basis except:
    (a) Upon a morphine-type drug as an incident to current medical treatment of a demonstrable physical disorder, other than produced by the use of the drug itself, or
    (b) Upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant and depressant drugs as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than produced by the drug itself. See New Hampshire Revised Statutes 318-B:1
  • Drug paraphernalia: means all equipment, products and materials of any kind which are used or intended for use or customarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. See New Hampshire Revised Statutes 318-B:1
  • ECFVG certificate: means a certificate issued by the AVMA educational commission for foreign veterinary graduates indicating that the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited or approved college of veterinary medicine. See New Hampshire Revised Statutes 332-B:1
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Executive director: means the executive director of the office of professional licensure and certification or designee. See New Hampshire Revised Statutes 326-E:1
  • Executor: A male person named in a will to carry out the decedent
  • federal act: means the Federal Hazardous Substances Labeling Act. See New Hampshire Revised Statutes 339-A:2
  • Federal food and drug laws: means the Federal Food, Drug and Cosmetic Act, as amended (Title 21 U. See New Hampshire Revised Statutes 318-B:1
  • Fentanyl class drug: shall mean the following drugs: fentanyl, 3-methylfentanyl, 3-methylthiofentanyl, acetylfentanyl, acetyl-alpha-methylfentanyl, alpha-methylfentanyl, alpha-methylthiofentanyl, beta-hydroxyl-3-methylfentanyl, beta-hydroxyfentanyl, para-fluorofentanyl, thiofentanyl, alfentanil, carfentanil, remifentanil, sufentanil, and all optical isomers of these substances. See New Hampshire Revised Statutes 318-B:1
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Fixed base operator: or "fixed base owner" means a person who owns or controls or has the duty to control the operation of an amusement ride which is either installed on or in a permanent structure or on or in trees, or affixed to steel or concrete footings, but excluding any such owner or operator regulated under RSA 225-A. See New Hampshire Revised Statutes 321-A:1
  • following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • 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: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
  • governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: The person who establishes a trust and places property into it.
  • 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.
  • hazardous substance: means
    (a) Any substance or mixture of substances which is toxic, is corrosive, is an irritant, is a strong sensitizer, is flammable or generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;
    (b) Any substance which the commissioner by regulation finds, pursuant to the provisions of N. See New Hampshire Revised Statutes 339-A:2
  • Illegal drug: means any drug which is a schedule I-IV drug under RSA 318-B. See New Hampshire Revised Statutes 318-C:4
  • Illegal drug market: means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches the user. See New Hampshire Revised Statutes 318-C:4
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See New Hampshire Revised Statutes 318-C:4
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • irritant: means any substance not corrosive within the meaning of paragraph VI which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction. See New Hampshire Revised Statutes 339-A:2
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • 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.
  • Jurisprudence: The study of law and the structure of the legal system.
  • justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
  • label: means a display of written, printed, or graphic matter upon the immediate container of any substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto. See New Hampshire Revised Statutes 339-A:2
  • Laboratory: means a scientific or medical establishment entrusted with the custody of controlled drugs and the use of controlled drugs for scientific and medical purposes and for purposes of instruction, research or analysis. See New Hampshire Revised Statutes 318-B:1
  • Law enforcement officer: means any officer of the state or political subdivision of the state who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter. See New Hampshire Revised Statutes 318-B:1
  • 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
  • legislative body: shall mean a town meeting, school district meeting, village district meeting, city or town council, mayor and council, mayor and board of aldermen, or, when used to refer to unincorporated towns or unorganized places, or both, the county convention. See New Hampshire Revised Statutes 21:47
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed veterinarian: means a person who is validly and currently licensed to practice veterinary medicine in this state. See New Hampshire Revised Statutes 332-B:1
  • 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.
  • Manufacturer: means a person who, by compounding, mixing, cultivating, growing or other process, produces or prepares controlled drugs, but shall not mean a pharmacist who compounds controlled drugs to be sold or dispensed on prescription. See New Hampshire Revised Statutes 318-B:1
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Mobile base operator: or "mobile base owner" means a person who owns or controls or has the duty to control the operation of an amusement ride which is either operated or mounted upon or within a motor vehicle or trailer or which is temporarily erected upon the ground for use at carnivals, fairs, and similar events within the state, but excluding any such owner or operator who is also a fixed base operator at the same location. See New Hampshire Revised Statutes 321-A:1
  • month: shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" shall be equivalent to the expression "year of our Lord. See New Hampshire Revised Statutes 21:8
  • Morphine-type drugs: means morphine and chemical compounds which are similar thereto in physiological effect and which show a like potential for abuse. See New Hampshire Revised Statutes 318-B:1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Narcotic drugs: means cocaine-type and morphine-type drugs, and drugs other than cannabis-type regulated under the Comprehensive Drug Abuse Prevention and Control Act of 1970. See New Hampshire Revised Statutes 318-B:1
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • 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.
  • Nurse: means a person licensed to perform nursing as defined in RSA 326-B. See New Hampshire Revised Statutes 318-B:1
  • Nurse practitioner: means a person licensed to practice as an advanced practice registered nurse in this state pursuant to N. See New Hampshire Revised Statutes 326-E:1
  • 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.
  • Official written order: means an order written on a form provided for that purpose by the United States Attorney General under the laws of the United States making provision therefor, if such order forms are authorized and required by federal law, or conforming to the requirements of such a form and provided by the department of health and human services, or, if no such order form is provided, on an official form provided for that purpose by the department of health and human services. See New Hampshire Revised Statutes 318-B:1
  • Optometrist: means a person authorized by law to practice optometry in this state pursuant to RSA 327. See New Hampshire Revised Statutes 318-B:1
  • Other stimulant and depressant drugs: means controlled drugs other than amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenics and morphine-type which are found to exert a stimulant and depressant effect upon the higher functions of the central nervous system and which are found to have a potential for abuse. See New Hampshire Revised Statutes 318-B:1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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.
  • PAVE: means the Program for the Assessment of Veterinary Education Equivalence operated by the American Association of Veterinary State Boards. See New Hampshire Revised Statutes 332-B:1
  • Period of illegal drug use: means , in relation to the individual drug user, the time of the individual's first use of an illegal drug to the accrual of the cause of action. See New Hampshire Revised Statutes 318-C:4
  • Person: means an individual, partnership, corporation, or any other association. See New Hampshire Revised Statutes 337-A:1
  • Person: means any corporation, association or partnership, or one or more individuals. See New Hampshire Revised Statutes 318-B:1
  • Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. See New Hampshire Revised Statutes 318-C:4
  • person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
  • Person: means any individual, firm, partnership, association, joint venture, cooperative, and corporation, or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person. See New Hampshire Revised Statutes 332-B:1
  • Personal property: All property that is not real property.
  • petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
  • petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
  • Pharmacist: means a person authorized by law to practice pharmacy pursuant to RSA 318. See New Hampshire Revised Statutes 318-B:1
  • Pharmacy: means an establishment licensed pursuant to RSA 318. See New Hampshire Revised Statutes 318-B:1
  • Physician: means a person authorized by law to practice medicine in this state pursuant to RSA 329. See New Hampshire Revised Statutes 318-B:1
  • Physician: means a person licensed to practice medicine in this state pursuant to RSA 329. See New Hampshire Revised Statutes 326-E:1
  • Physician assistant: means a person licensed to practice as a physician assistant pursuant to RSA 328-D. See New Hampshire Revised Statutes 326-E:1
  • Place of participation: means , in relation to a defendant in an action brought under this chapter, each house of representatives' legislative district in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market. See New Hampshire Revised Statutes 318-C:4
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Podiatrist: means a person authorized by law to practice podiatry in this state pursuant to RSA 315. See New Hampshire Revised Statutes 318-B:1
  • Potential for abuse: means that there is a likelihood that a drug will be used solely for its stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system as distinguished from use recommended by a practitioner as a therapeutic agent in a course of medical treatment or in a program of research operated under the direction of a physician, pharmacologist, or advanced practice registered nurse. See New Hampshire Revised Statutes 318-B:1
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practitioner: means any person who is lawfully entitled to prescribe, administer, dispense or distribute controlled drugs to patients. See New Hampshire Revised Statutes 318-B:1
  • Practitioner-patient relationship: means a medical connection between a licensed practitioner and a patient that includes an in-person exam, a history, a diagnosis, a treatment plan appropriate for the licensee's scope of practice, and documentation of all prescription drugs including name and dosage. See New Hampshire Revised Statutes 318-B:1
  • Prescribe: means order or designate a remedy or any preparation containing controlled drugs. See New Hampshire Revised Statutes 318-B:1
  • Prescription: means an oral, written, or facsimile or electronically transmitted order for any controlled drug or preparation issued by a licensed practitioner to be compounded and dispensed by a pharmacist and delivered to a patient for a medicinal or therapeutic purpose arising from a practitioner-patient relationship. See New Hampshire Revised Statutes 318-B:1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • radioactive substance: means a substance which emits ionizing radiation. See New Hampshire Revised Statutes 339-A:2
  • real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Records: or "business records" include books of account, vouchers, documents, cancelled checks, payrolls, correspondence, records of sales, personnel, equipment and production, reports relating to any or all such records, and other business papers. See New Hampshire Revised Statutes 337-A:1
  • registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
  • Registry number: means the number assigned to each person registered under the federal narcotic laws. See New Hampshire Revised Statutes 318-B:1
  • 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.
  • Reproduction: means a reproduction or durable medium for making a reproduction obtained by any photographic, photostatic, microfilm, microcard, miniature photographic or other process which accurately reproduces or forms a durable medium for so reproducing the original. See New Hampshire Revised Statutes 337-A:1
  • Residual amount: means an unusable amount of a controlled substance in or on a hypodermic syringe or needle. See New Hampshire Revised Statutes 318-B:1
  • Respiratory care: means the treatment, management, diagnostic testing and evaluation of responses to respiratory or medical treatment and care of individuals or groups of individuals either having deficiencies or abnormalities of the cardiopulmonary system or requiring support of the cardiopulmonary system. See New Hampshire Revised Statutes 326-E:1
  • Respiratory care educational program: means a program accredited by the American Medical Association's Committee on Allied Health Education and Accreditation in collaboration with the Joint Review Committee for Respiratory Therapy Education, by the Committee on Accreditation for Respiratory Care, or by the Commission on Accreditation of Allied Health Education Programs, or their successor organizations. See New Hampshire Revised Statutes 326-E:1
  • Respiratory care practitioner: means a person who is:
    (a) Licensed in the practice or performance of respiratory care who has the knowledge and skill necessary to administer the functions defined in paragraph X of this section. See New Hampshire Revised Statutes 326-E:1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • road: shall include all bridges thereon. See New Hampshire Revised Statutes 21:26
  • RPSGT: means a person having successfully completed and achieved a passing score on the comprehensive registry examination for polysomnographic technologists administered by the Board of Registered Polysomnographic Technologists or its successor organization. See New Hampshire Revised Statutes 326-E:1
  • Sale: means barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant, or employee. See New Hampshire Revised Statutes 318-B:1
  • School of veterinary medicine: means any veterinary college or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent and that conforms to the standards required for accreditation by the AVMA. See New Hampshire Revised Statutes 332-B:1
  • seal: shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. See New Hampshire Revised Statutes 21:11
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Sexual orientation: means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. See New Hampshire Revised Statutes 21:49
  • spendthrift: shall include anyone who is liable to be put under guardianship on account of excessive drinking, gaming, idleness, debauchery or vicious habits of any kind, or who is unable to manage his affairs with prudence. See New Hampshire Revised Statutes 21:19
  • state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
  • state recognition: means an occupational, trade, vocational, professional, or business license, permit, certificate, or registration. See New Hampshire Revised Statutes 332-G:1
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • strong sensitizer: means a substance which will cause on normal living tissue through an allergic or photodynamic process a hypersensitivity which becomes evident on reapplication of the same substance and which is designated as such by the commissioner. See New Hampshire Revised Statutes 339-A:2
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • 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.
  • toxic: means any substance (other than a radioactive substance) which has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface. See New Hampshire Revised Statutes 339-A:2
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veteran: means any person who:
    (1) Served in the United States armed forces for more than 4 years and continues to serve; or
    (2) Has been discharged or released from duty in the United States armed forces with:
    (A) An honorable discharge; or
    (B) An uncharacterized discharge based on a service-connected injury, illness, or disability. See New Hampshire Revised Statutes 21:50
  • Veterinarian: means a person authorized by law to practice veterinary medicine in this state pursuant to RSA 332-B. See New Hampshire Revised Statutes 318-B:1
  • Veterinarian: means a person who has received a doctor's degree in veterinary medicine from an accredited school of veterinary medicine or other veterinary school approved by the board, or a person from a foreign veterinary school holding an ECFVG certificate or a PAVE certificate. See New Hampshire Revised Statutes 332-B:1
  • Veterinary medicine: means and includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. See New Hampshire Revised Statutes 332-B:1
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Wholesaler: means a person who supplies or distributes controlled drugs that he himself has not produced or prepared to hospitals, practitioners, pharmacies, other wholesalers, manufacturers or federal, state and municipal agencies. See New Hampshire Revised Statutes 318-B:1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.