Missouri Laws > Chapter 334 – Physicians and Surgeons — Therapists — Athletic Trainers — Health Care Providers

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Terms Used In Missouri Laws > Chapter 334 - Physicians and Surgeons -- Therapists -- Athletic Trainers -- Health Care Providers

• 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.
• 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.
• Appellate : About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• 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
• board : means the state board of registration for the healing arts in the state of Missouri. See Missouri Laws 334.020
• 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.
• 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.
• 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.
• Defendant : In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Discovery : Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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.
• Fair market value : The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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.
• following : when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
• 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.
• 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.
• Guardian : if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in chapter 475. See Missouri Laws 1.020
• Incompetent : if used in a section in a context relating to actual occupational ability without reference to a court adjudication of incompetency, means the actual ability of a person to perform in that occupation. See Missouri Laws 1.020
• Injunction : An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• 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
• Liabilities : The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation : A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Minority leader : See Floor Leaders
• Mortgage : The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Oath : A promise to tell the truth.
• 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.
• person : may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
• 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.
• Preliminary hearing : A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• 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.
• Probable cause : A reasonable ground for belief that the offender violated a specific law.
• Probation : A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property : includes real and personal property. See Missouri Laws 1.020
• 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.
• 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.
• 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.
• State : when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
• Statute : A law passed by a legislature.
• 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.
• Testify : Answer questions in court.
• 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.
• United States : includes such district and territories. See Missouri Laws 1.020
• Venue : The geographical location in which a case is tried.
• voter : is used in the laws of this state it shall mean registered voter, or legal voter. See Missouri Laws 1.035
• Writ : A formal written command, issued from the court, requiring the performance of a specific act.