A legal citation is a set of letters and numbers that describes how to locate a statute, regulation or rule. Below is a brief explanation of the conventions used in citing federal and state statutes, rules and regulations.

Federal Statutes

All federal statutes are called public laws, abbreviated as P.L. Statutes are first introduced into Congress as bills. The first number of the public law identifies the Congress that enacted the bill. The second number identifies the order in which the bill was enacted. For instance: P.L. 94-142 means that this law (the Education For All Handicapped Act) was the 142nd Public Law enacted by the 94th Congress. P.L. 94-142 is the Federal special education law that guarantees a free, appropriate public education to persons with handicaps. It is found with other federal statutes in the United States Code (USC).

The correct legal citation for P.L. 94-142 si 20 USC 1401 et seq. Et seq means "and subsequent sections" P.L. 94-142 is in Title 20, the education title. 1401 is the first section of P.L. 94-142. That is: 20 USC 1401 et. seq means that Title 20, United States Code, Section 1401 and subsequent sections Federal Regulations Federal regulations are compiled in the Code of Federal Regulations (CFR). P.L. 94-142 is found in Title 34 of the CFR. P.L. 142 regulations begin at Section 301.1 et. seq.

Recent changes in federal regulations are reported daily in the Federal Register; these regulations are abbreviated with FR in the citation. For instance 34 CFR 301.1 means: Title 34 Code of Federal Regulations, and the number 301.1 is the section where P.L. 94-142 regulations begin.

Traumatic Brain Injury Law

STATUTORY DEFINITIONS OF TRAUMATIC BRAIN INJURY

Alabama,  Kentucky,  North Dakota,  Arizona, Minnesota,  Oregon,  California, Nevada,  Tennessee,  Georgia,  New York, Wisconsin

ALABAMA: 38-9C-3 (2)

Traumatic brain injury. An injury to the brain, not of degenerative or congenital nature but caused by an external physical force, that may produce a diminished or altered state of consciousness, which results in impairment of cognitive abilities or physical functioning.

ARIZONA: 15-761 (36)

"Traumatic brain injury" means an acquired injury to the brain that is caused by an external physical force and that results in total or partial functional disability or psychosocial impairment, or both, that adversely affects educational performance. The term applies to open or closed head injuries resulting in mild, moderate or severe impairments in one or more areas, including cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing and speech. The term does not include brain injuries that are congenital or degenerative or brain injuries induced by birth trauma.

CALIFORNIA : 4354 (a)

"Acquired traumatic brain injury" is an injury that is sustained after birth from an external force to the brain or any of its parts, resulting in psychological, neurological, or anatomical changes in brain functions.

COLORADO: 26-4-683 (3)

"Brain injury" means an injury to the brain arising from external forces including, but not limited to, toxic chemical reactions, anoxia, near drownings, closed or open head injuries, and focal brain injuries.

GEORGIA: 37-3-1 (16.1)

"Traumatic brain injury" means a traumatic insult to the brain and its related parts resulting in organic damage thereto which may cause physical, intellectual, emotional, social, or vocational changes in a person. It shall also be recognized that a person having a traumatic brain injury may have organic damage or physical or social disorders, but for the purposes of this chapter, traumatic brain injury shall not be considered mental illness as defined in paragraph (11) of this Code section.

KENTUCKY : 157.200 (1)

"Traumatic brain injury" means an acquired impairment to the neurological system resulting from an insult to the brain which adversely affects educational performance and causes temporary or permanent and partial or complete loss of:
1. Cognitive functioning;
2. Physical ability; or
3. Communication or social-behavioral interaction.
The term does not include a brain injury that is congenital or degenerative, or a brain injury induced by birth trauma.

MINNESOTA : 144.661 (Subd. 2)

Traumatic brain injury. "Traumatic brain injury" means a sudden insult or damage to the brain or its coverings caused by an external physical force which may produce a diminished or altered state of consciousness and which results in the following disabilities:
(1) impairment of cognitive or mental abilities;
(2) impairment of physical functioning; or
(3) disturbance of behavioral or emotional functioning. These disabilities may be temporary or permanent and may result in partial or total loss of function. "Traumatic brain injury" does not include injuries of a degenerative or congenital nature.

"Traumatic brain injury" means a sudden insult or damage to the brain or its coverings, not of a degenerative or congenital nature. The insult or damage may produce an altered state of consciousness and may result in a decrease in cognitive, behavioral, emotional, or physical functioning resulting in partial or total disability.

MONTANA: 20-7-401 (18)

"Traumatic brain injury" means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term does not apply to brain injuries that are congenital or degenerative or to brain injuries that are induced by birth trauma.

MONTANA: 53-6-501

(1) (a) As used in 53-6-502 and this section, "traumatic brain injury" means: (i) an injury to the brain caused by an external physical force, including but not limited to a motor vehicle accident, a fall, an assault, a sports injury, or a recreational or work-related accident; or (ii) brain damage caused by an internal occurrence including but not limited to:

(A) disease, such as a benign or malignant tumor, meningitis, or encephalitis; or
(B) a cerebrovascular accident, such as stroke, atherosclerosis, aneurysm, or arteriovenous malformation; or

(a) anoxia, including but not limited to anoxia caused by near drowning, drug overdose, kidney or heart failure, chemical exposure, or electrical shock.
(b) the term "traumatic brain injury" does not include injuries of a degenerative or congenital nature.

(2) Traumatic brain injury as defined in this section may produce a diminished or altered state of consciousness that results in a temporary or permanent impairment of cognitive or mental abilities, physical functioning, or behavioral emotional functioning.

NEVADA: 426A.010 (2)

"Traumatic brain injury" means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:

(a) A cerebral vascular accident;
(b) An aneurysm; or
(c) A congenital defect.

 

As used in this article, the term "traumatic brain injury" means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment and shall include but not be limited to damage to the central nervous system from anoxic/hypoxic episodes or damage to the central nervous system from allergic conditions, toxic substances and other acute medical/clinical incidents. Such term shall include, but not be limited to, open and closed brain injuries that may result in mild, moderate or severe impairments in one or more areas, including cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem-solving, sensory perceptual and motor abilities, psycho-social behavior, physical functions, information processing and speech. Such term shall not include progressive dementias and other mentally impairing conditions, depression and psychiatric disorders in which there is no known or obvious central nervous system damage, neurological, metabolic and other medical conditions of chronic, congenital or degenerative nature or brain injuries induced by birth trauma.

NEW YORK: 2741

As used in this article, the term "traumatic brain injury" means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment and shall include but not be limited to damage to the central nervous system from anozic/hypoxic episodes or damage to the central nervous system from allergic conditions, toxic substances and other acute medical/clinical incidents. Such term shall include, but not be limited to, open and closed brain injuries that may result in mild, moderate or severe impairments in one or more areas, including cognition, language, memory, attention, reasoning, abstract thinking, judgement, problem-solving, sensory perceptual and motor abilities, psycho-social behavior, physical functions, information processing and speech. Such terms shall not include progressive dementias and other mentally impairing conditions, depression, and psychiatric disorders in which there is no known or obvious central nervous system damage, neurological, metabolic and other medical conditions of chronic, congenital or degenerative nature or brain injuries induced by birth trauma.

NORTH DAKOTA: 50-06.4-01 (2)

"Traumatic brain injury" means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment, including open and closed head injuries that may result in mild, moderate, or severe impairments in one or more areas including cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem solving, sensory perceptual and motor abilities, psychosocial behavior, physical functioning, information processing and speech. The term does not include brain injuries that are congenital or degenerative or brain injuries induced by birth trauma, but may include brain injuries caused by anoxia and other related causes.

OREGON : 410.715

It is the policy of the state that any person experiencing an injury defined as an injury to the brain caused by extrinsic forces where the injury results in the loss of cognitive, psychological, social, behavioral or physiological function for a sufficient time to affect that person's ability to perform activities of daily living shall be considered a person with disabilities.

RHODE ISLAND: 42-12-21

As used in this chapter, "traumatic brain injury" means an injury to the skull, the brain contents or its coverings, not of a degenerative or congenital nature, which may or may not produce an altered state of consciousness or result in temporary or permanent anatomic decrease of mental, cognitive, behavioral or physical functioning which causes partial or total disability.

TENNESSEE: 68-55-101 (4)

"Traumatic brain injury" or "TBI" means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment. "Traumatic brain injury" or "TBI" includes open and closed head injuries that may result in seizures, and/or in mild, moderate, or severe impairments in one (1) or more areas including cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem-solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing, and speech. Such term does not include brain injuries induced by birth trauma, but may include brain injuries caused by anoxia and other related causes, infectious disease not of a degenerative nature, brain tumor, toxic chemical or drug reactions;

WISCONSIN : 51.01 (2g) (a)

As used in this chapter, except where otherwise expressly provided: "Brain injury" means any injury to the brain, regardless of age at onset, whether mechanical or infectious in origin, including brain trauma, brain damage and traumatic head injury, the results of which are expected to continue indefinitely, which constitutes a substantial handicap to the individual, and which directly results in any 2 or more of the following:
1. Attention impairment.
2. Cognition impairment.
3. Language impairment.
4. Memory impairment.
5. Conduct disorder.
6. Motor disorder.
7. Any other neurological dysfunction.
(a) "Brain injury" includes any injury to the brain under par. (a) that is vascular in origin if received by a person prior to his or her attaining the age of 22 years.
(b) "Brain injury" does not include alcoholism, Alzheimer's disease as specified under s. 46.87 (1) (a) or the infirmities of aging as specified under s. 55.01(3).

Legal Help--Estate Planning and Wills

Legal Encyclopedia--Over 200 products. Nolo's mission is to increase the average person's access to the law. When the company began back in 1971, a book was the best way to put the law into people's hands. So Nolo published paperbacks that gave folks the step-by-step instructions and forms they needed to handle day-to-day legal tasks. Now this information is available online.

Head Injury Law Firm--Nelson Tyler Langer (Telephone: 206-623-7520) are a law firm dedicated to helping people receive the medical care and compensation they deserve after suffering the effects of a brain injury, spinal cord injury or other serious injury following an accident.

Hospice Patients Alliance--Resuscitation, DNR Orders, CPR in hospice Orders, Power of Attorney Forms, Advanced Directives. Making decisions ahead of time, filling out Advanced Directive forms and using DNR forms to clarify the patient's wishes has many benefits, and it is important to realize, the patient can change his Advanced Directive or DNR form at any time, simply by making his wishes known to the physician, other hospice staff or other adults.

Protection and Advocacy Services--Adults--Montana Protection & Advocacy.com agencies in several states have published useful manuals describing the use of health care directives in their states. See, e.g., Melissa Daar, Tracy Nelson and Daniel Pone, Durable Power of Attorney for Health Care Manual: An Advocacy Tool for Mental Health Consumer Empowerment and Patient Choice, (1994) (available from Protection and Advocacy, Inc., Sacramento, CA.) and Equip for Equality, Inc., The Mental Health Treatment Preference Declaration (1996) (available from Equip for Equality, Inc., Chicago, IL.)

Law--Legal Information and Resources

The Library of Congress HomePage--The Library of Congress is the nation's oldest federal cultural institution. The Library preserves a collection of more than 119 million items, more than two-thirds of which are in media other than books. These include the largest map, film and television collections in the world. In addition to its primary mission of serving the research needs of the U.S. Congress, the Library serves all Americans through its popular Web site and in its 22 reading rooms on Capitol Hill.

Library of Congress Marvel--Covers Census Data, Congressional Info, White House Documents, State Department Reports, etc.

Library of Congress Information System (LOCIS)--An on-line catalog containing U.S. government copyright files, databases containing current info about federal legislation and foreign law. Visiting this link is a Telnet session and NOT a website link.

The Law Library of Congress HomePage--Global Legal Information Network (GLIN)--The Law Library of Congress provides an online database with information on the national laws of more than 35 countries, with additional countries being added on a continuing basis. Presently it consists primarily of searchable legal abstracts in English of laws and regulations enacted since 1976, but the full texts of items of legislation in the original languages are now being added for some nations. There is also a guide to Online Law available through this site.

The Library of Congress: Law Library Reading Room Services-- Although the Law Library serves primarily as the foreign law research arm of Congress, its reference and legal specialists also provide American law reference and foreign law research and reference to the other branches of Government. The Law Library encourage patrons to first consult their local public and academic libraries, county library, and state library before contacting the Law Library for assistance. The Law Library should be considered a library of "last resort."

Global Legal Information Network--The Global Legal Information Network (GLIN) maintains and provides a database of laws, regulations, and other complementary legal sources. The documents included in the database are contributed by the governments of the member nations from the original official texts which are deposited, by agreement of the members, in a server initially at the Library of Congress of the United States of America.

National Institutes of Health Traumatic Brain Injury Rehabilitation Consensus Statement, October 1998--Download from the internet, or request your free copy by toll-free telephone 888-644-2667.

To visit additional TBI links--click here.

Law Definitions

This section defines law terms commonly used in personal injury claims and the final outcomes and verdicts. Each term on this page have been defined for simplicification for understanding by everyday people such as you and I. Definitions were taken from Black's Law Dictionary, Abridged fifth edition, 1983 and Oran's Law Dictionary for Non Lawyers,1975.

Action - Proceeding taken in a court of law. Synonymous with case, suit lawsuit.

Adjudication - A judgment or decree Adversary system - Basic U.S. trial system in which each of the opposing parties has opportunity to state his viewpoints before the court. Plaintiff argues for defendant's guilt (criminal) or liability (civil). Defense argues for defendant's innocence (criminal) or against liability civil)

Affidavit - A written or printed declaration or statement under oath

Affirm - The assertion of an appellate court that the judgment of the lower court is correct and should stand.

Allegation - An assertion, declaration or statement of a party to an action made in a pleading, stating what he expects to prove.

Alleged - (allegation) Stated; recited; claimed; asserted; charged.

Answer - A formal response to a claim, admitting or denying the allegations in the claim.

Appeal - Review of a case by a higher court.

Appearance - 1. The formal proceeding by which a defendant submits to the jurisdiction of the court. 2. A written notification to the plaintiff by an attorney stating the he is representing the defendant.

Arbitration - the hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept.

At issue - The time in a lawsuit when the complaining party has stated his claim and the other side has responded with denial and the matter is ready to be tried.

Attorney at law - A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding.

Attorney of record - An attorney , named in the records of a case, who is responsible for handling the cause on behalf of the party he represents.

Bankruptcy - A legal proceeding where a person or business is relieved of paying certain debts.

Best evidence - Primary evidence; the best evidence which is available; any evidence falling short of this standard is secondary.

Brief - A legal document, prepared by an attorney which presents the law and facts supporting his client's case

Burden of proof - Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case.

Calendar - List of cases arranged for hearing in court.

Caption - The caption of a pleading, or other papers connected with a case in court, is the heading or introductory clause which shows the names of the parties, name of the court, number of the case, etc.

Case - Any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition, indictment or information.

Caseload - The number of cases a judge handles in a specific time period.

Cause of action - A legal claim.

Certificate under penalty of perjury - A written statement, certified by the maker as being under penalty of perjury. In many circumstances, it may be used in lieu of an affidavit.

Certiorari - Procedure for removing a case from a lower court or administrative agency to a higher court for review.

Challenge for cause - A request by a party that the court excuse a specific juror on the basis that the juror is biased.

Citation - Summons to appear in court. 2. Reference to authorities in support of a legal argument.

Civil law - All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights.

Claim - The assertion of a right to money or property.

Clerk of the court - An officer of a court whose principal duty is to maintain court records and preserve evidence presented during a trial.

Closing argument - The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.

Code - A collection, compendium or revision of laws systematically arranged into chapters, table of contents and index and promulgated by legislative authority.

Commit - To lawfully send a person to prison, a reformatory or an asylum

Common law - Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called "case law."

Comparative negligence - Negligence of a plaintiff in a civil suit which decreases his recovery by his percentage of negligence compared to a defendant's negligence.

Competency - In the law of evidence, the presence of those characteristics which render a witness legally fit and qualified to give testimony.

Complaint - 1. (criminal) Formal written charge that a person has committed a criminal offense. 2. (civil) Initial document entered by the plaintiff which states the claims against the defendant.

Contempt of court - Any act that is meant to embarrass, hinder or obstruct a court in the administration of justice. Direct contempt is committed in the presence of the court; indirect contempt is when a lawful order is not carried out or refused.

Continuance - Adjournment of the proceedings in a case from one day to another.

Corroborating evidence - Evidence supplementary to that already given and tending to strengthen or confirm it. C

Costs - An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney's fees.

Counter claim - Claim presented by a defendant in opposition to, or deduction from, the claim of the plaintiff.

Court - 1. Place where justice is administered. 2. Judge or judges sitting on the court administering justice.

Court administrator - Manager of administrative, non judicial affairs of the court.

Court commissioner - A judicial officer at both trial and appellate court levels who performs many of the same duties as judges and justices.

Court of appeals - Intermediate appellate court to which most appeals are taken from superior court.

Court superior - State trial court of general jurisdiction.

Court supreme - "Court of last resort." Highest court in the state and final appellate court.

Courts of limited jurisdiction - Includes district, municipal and police courts.

Crime - Conduct declared unlawful by a legislative body and for which there is a punishment of a jail or prison term, a fine or both.

Criminal law - Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues are punishable by law.

Cross examination - The questioning of a witness by the party opposed to the one who produced the witness.

Damages - Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another.

De novo - "Anew." A trial de novo is a completely new trial held in a higher or appellate court as if the original trial had never taken place.

Declamatory judgment - A judgment that declares the rights of the parties on a question of law.

Decree - Decision or order of the court. A final decree completes the suit; an interlocutory decree is a provisional or preliminary decree which is not final.

Default - A failure of a party to respond in a timely manner to a pleading; a failure to appear for trial.

Defendant - 1 (criminal) Person charged with a crime. 2. (civil) Person against whom a civil action is brought. Defense attorney - The attorney who represents the defendant.

Deposition - Sworn testimony taken and recorded in an authorized place outside of the courtroom, according to the rules of the court.

Direct examination - The questioning of a witness by the party who produced the witness.

Discovery - A pretrial proceeding where a party to an action may be informed about (or "discover") the facts known by other parties or witnesses.

Dismissal with prejudice - Dismissal of a case by a judge which bars the losing losing party from raising the issue again in another lawsuit.

Dismissal without prejudice - The losing party is permitted to sue again with the same cause of action.

Disposition - 1. Determination of a charge; termination of any legal action; 2. A sentence of a juvenile offender.

Dissent - The disagreement of one or more judges of a court with the decision of the majority.

Docket - Book containing entries of all proceedings in a court.

Due process - Constitutional guarantee that an accused person receive a fair and impartial trial.

En banc "On the bench." All judges of a court sitting together to hear a case.

Enjoin - To require a person to perform, or abstain or desist from some act.

Evidence - Any form of proof legally presented at a trial through witnesses, records, documents, etc.

Exception - A formal objection of an action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal.

Exhibit - Paper, document or other object received by the court as evidence during a trial or hearing.

Expert evidence - Testimony given by those qualified to speak with authority regarding scientific, technical or professional matters.

Fact-findinq hearing - A proceeding where facts relevant to deciding a controversy are determined.

Fair Preponderance-- Evidence sufficient to create in the minds of the triers of fact the belief that the party which bears the burden of proof has established its case.

Felony - A crime of grave nature than a misdemeanor.

Fine - A sum of money imposed upon a convicted person as punishment for a criminal offense. File - 1. The complete court record of a case. 2. "To file" a paper is to give it to the court clerk for inclusion in the case record. 3. A folder in a law office (of a case, a client, business records, etc.)

Fraud - An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right or in some manner do him/her injury.

General jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear. Superior courts are courts of general jurisdiction.

Grand Jury - A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals.

Guardian ad litem - A person appointed by a court to manage the interests of a minor or incompetent person whose property is involved in litigation.

Hearing - An in-court proceeding before a judge, generally open to the public.

Hearsay - Evidence based on what the witness has heard someone else say, rather than what the witness has personally experienced or observed.

Hung Jury - A jury whose members cannot agree on a verdict.

Hypothetical question - A combination of facts and circumstances, assumed or proved, stated in such a form as to constitute a coherent state of facts upon which the opinion of an expert can be asked by way of evidence in a trial.

Immunity - Freedom from duty or penalty.

Impeachment of a witness - An attack on the credibility of a witness by the testimony of other witnesses.

Inadmissible - That which, under the established rules of evidence, cannot be admitted or received.

Induction - Writ or order by a court prohibiting a specific action from being carried out by a person or group.

Informed consent - A person's agreement to allow something to happen (such as surgery) that is based on a full disclosure of facts needed to make the decision intelligently.

Injure - 1. Hurt or harm 2. Violate the legal rights of another person.

Instruction - Direction given by a judge regarding the applicable law in a given case.

Interrogatories - Written questions developed by one party's attorney for the opposing party. Interrogatories must be answered under oath within a specific period of time.

Intervention - Proceeding in a suit where a third person is allowed, with the court's permission, to join the suit as a party.

Judge - An elected or appointed public official with authority to hear and decide cases in a court of law.

Judgment - Final determination by a court of the rights and claims of the parties in an action.

Judge pro tem - Temporary judge.

Jurisdiction-- Authority of a court to exercise judicial power.

Jurisprudence - The science of law.

Juror - Member of a jury.

Jury - Specific number of people (usually 6 or 12), selected as prescribed by law to render a decision (verdict) in a trial.

Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.

Law clerks - Persons trained in the law who assist the judges in researching legal opinions.

Lawsuit - A civil action; a court proceeding to enforce a right (rather than to convict a criminal).

Lawyer - A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister

Lay - non-professional; for example: a lawyer would call a non-lawyer a lay person and a doctor would call a non-doctor a lay person.

Lay advocate - a paralegal who specializes in representing persons in administrative hearings

Leading question - One which suggests to a witness the answer desired. Prohibited on direct examination.

Limited jurisdiction - Refers to courts that are limited in the types of criminal and civil cases they may hear. District, municipal and police courts are courts of limited jurisdiction.

Litigant - One who is engaged in a lawsuit.

Litigation - Contest in court; a law suit. Magistrate - Court official with limited authority.

Malpractice. Professional misconduct or unreasonable lack of skill. A claim of malpractice must prove two things. One, you must prove that you could have won your case were it not for your lawyer's negligence. And, secondly, you must prove that your lawyer's actions were negligent.

Mandate - Command from a court directing the enforcement of a judgment, sentence or decree.

Misdemeanor - Criminal offenses less than felonies; generally those punishable by fine or imprisonment of less than 90 days in a local facility. A gross misdemeanor is a criminal offense for which an adult could be sent to jail for up to one year, pay a fine up to $5,000 or both.

Mistrial - Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings or when there was a hung jury.

Mitigating circumstances - Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Motion - Oral or written request made by a party to an action before, during or after a trial upon which a court issues a ruling or order.

Moot - Unsettled; undecided. A moot point is one not settled by judicial decisions.

Negligence - The absence of ordinary care. Oath - Written or oral pledge by a person to keep a promise or speak the truth.

Objection - Statement by an attorney taking exception to testimony or the attempted admission of evidence and opposing its consideration as evidence.

Of counsel - Phrase used to identify attorneys that are employed by a party to assist in the preparation and management of a case but who are not the principal attorneys of record in the case.

Offender - 1. A person who has committed a felony, as established by state law and is eighteen years of age or older. 2. A person who is less than eighteen but whose felony case has been transferred by the juvenile court to a criminal court.

Offer - 1. To make a proposal ; to present for acceptance or rejection. 2. To attempt to have something admitted into evidence in a trial; to introduce evidence 3. An "offer" in contract law is a proposal to make a deal. It must be communicated successfully from the person making it to the person to whom it is made and it must be the person to whom it is made and it must be definite and reasonably certain in its terms.

Omnibus hearing - A pretrial hearing normally scheduled at the same time the trial date is established. Purpose of the hearing is to ensure each party receives (or "discovers") vital information concerning the case held by the other. In addition, the judge may rule on the scope of discovery or on the admissibility of challenged evidence.

Opening statement - The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Opinion - statement of decision by a judge or court regarding a case tried before it. Published opinions are printed because they contain new legal interpretations. Unpublished opinions, based on legal precedent, are not printed.

Opinion, per curiam - Phrase used to distinguish an opinion of the whole court from an opinion written by only one judge.

Overrule - 1. Court's denial of any motion or point raised to the court. 2. To overturn or void a decision made in a prior case.

Parties - Persons, corporations, or associations, who have commenced a law suit or who are defendants.

Peremptory challenge - Procedure which parties in an action may use to reject prospective jurors without giving reason. Each side is allowed a limited number of such challenges.

Petition - Written application to a court requesting a remedy available under law.

Petition for review - A document filed in the state Supreme Court asking for a review of a decision made by the Court of Appeals.

Perjury - Making intentionally false statements under oath. Perjury is a criminal offense.

Plaintiff - The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.

Plea - A defendant's official statement of "guilty" or "not guilty" to the charge(s) made against him.

Pleadings - Formal, written allegations by the parties of their respective claims. Polling the jury - A practice whereby the jurors are asked individually whether they agreed, and still agree, with the verdict.

Power of attorney - Document authorizing another to act as one's agent or attorney in fact (not an attorney at law).

Precedent - Previously decided case which is recognized as an authority for determining future cases.

Preponderance of evidence - The general standard of proof in civil cases. The weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.

Presiding judge - Chief or administrative judge of a court. Probate - The legal process of establishing the validity of a will and settling an estate.

Proceeding - Any hearing or court appearance related to the adjudication of a case.

Record - 1. To preserve in writing, print or by film, tape, etc. 2. History or a case. 3. The word-for-word (verbatim) written or tape recorded account of all proceedings of a trial.

Record on appeal - The portion of the record of a court of limited jurisdiction necessary to allow a superior court to review the case.

Reasonable doubt - An accused person is entitled to acquittal if, in the minds of the jury, his guilt has not been proved beyond a "reasonable doubt". That state of mind of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.

Rebuttal - The introduction of contradicting or opposing evidence showing that what witnesses said occurred is not true, the stage of a trial at which such evidence may be introduced.

Redirect examination - Follows cross examination and is carried out by the party who, first examined the witness.

Remand - To send back. A disposition by an appellate court that results in sending the case back to the original court from which it came for further proceedings.

Reply - Pleading by the plaintiff in response to the defendant's written answer.

Respondent - 1. Party against whom an appeal is brought in an appellate court. the prevailing party in the trial court case. 2. A juvenile offender.

Restitution - Act of giving the equivalent for any loss, damage of injury.

Rests the case - When a party concludes his presentation or evidence.

Reversal - Setting aside, annulling, vacating or changing to the contrary the decision of a lower court or other body.

Service - Delivery of a legal document to the opposite party.

Set aside - Annul or void as in "setting aside" a judgment.

Settlement - 1. Conclusion of a legal matter. 2. Compromise agreement by opposing parties in a civil suit before judgment is made, eliminating the need for the judge to resolve the controversy.

Settlement conference - A meeting between parties of a lawsuit, their counsel and a judge to attempt a resolution of the dispute without trial.

Statute - A law created by the Legislature.

Statute of limitations - Law which specifies the time within which parties must take judicial action to enforce their rights.

Stay - Halting of a judicial proceeding by order of the court.

Stipulation - Agreement by the attorneys or parties on opposite sides of a case regarding any matter in the trial proceedings.

Subpoena - Document issued by the authority of the court to compel a witness to appear and give testimony or produce documentary evidence in a proceeding. Failure to appear or produce is punishable by contempt of court.

Subpoena duces tecum - "Under penalty you shall take it with you." A process by which the court commands a witness to produce specific documents or records in a trial.

Suit - Any court proceeding in which an individual seeks a decision.

Summons - Document or writ directing the sheriff or other officer to notify a person that an action has been commenced against him in court and that he is required to appear, on a certain day, and answer the complaint in such action.

Testimony - Any statement made by a witness under oath in a legal proceeding.

Tort - An injury or wrong committed, with or without force, to the person or property of another, which gives rise to a claim for damages.

Transcript - The official record or proceedings in a trial or hearing, which is kept by the clerk.

Trial - The presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case

Trier of facts - The jury or, in a non-jury trial, the judge, or an administrative body.

Venue - The specific county, city or geographical area in which a court has jurisdiction.

Verdict - Formal decision made by a judge or jury (trier of facts).

Voir dire - (pronounced "vwar-deer") - "To speak the truth." The process of preliminary examination of prospective jurors, by the court or attorneys, regarding their qualifications.

Willful act - An intentional act carried out without justifiable cause.

Witness - Person who testifies under oath before a court, regarding what he/she has seen, heard or otherwise observed.

Writ - A special, written court order directing a person to perform, or refrain from performing, a specific act.

Federal Public Health Service Act
with respect to Traumatic Brain Injury

H.R.248 One Hundred Fourth Congress of the United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday, the third day of January, one thousand nine hundred and ninety-six An Act To amend the Public Health Service Act to provide for the conduct of expanded studies and the establishment of innovative programs with respect to traumatic brain injury, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. Part J of title III of the Public Health Service Act (42 U.S.C.280b et seq.) is amended by inserting after section 393 thefollowing section: PREVENTION OF TRAUMATIC BRAIN INJURY SEC. 393A.

(a) IN GENERAL- The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may carry out projects to reduce the incidence of traumatic brain injury. Such projects may be carried out by the Secretary directly or through awards of grants or contracts to public or nonprofit private entities. The Secretary may directly or through such awards provide technical assistance with respect to the planning, development, and operation of such projects.

(b) CERTAIN ACTIVITIES- Activities under subsection (a) may include-- (1) the conduct of research into identifying effective strategies for the prevention of traumatic brain injury; and (2) the implementation of public information and education programs for the prevention of such injury and for broadening the awareness of the public concerning the public health consequences of such injury.

(c) COORDINATION OF ACTIVITIES- The Secretary shall ensure that activities under this section are coordinated as appropriate with other agencies of the Public Health Service that carry out activities regarding traumatic brain injury.

(d) DEFINITION- For purposes of this section, the term traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary.'.

SEC. 2. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH. Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61)is amended--

(1) in subsection (d)-- (A) in paragraph (2), by striking `and' after the semicolon at the end; (B) in paragraph (3), by striking the period and inserting `; and'; and (C) by adding at the end the following paragraph: (4) the authority to make awards of grants or contracts to public or nonprofit private entities for the conduct of basic and applied research regarding traumatic brain injury, which research may include-- (A) the development of new methods and modalities for the more effective diagnosis, measurement of degree of injury, post-injury monitoring and prognostic assessment of head injury for acute, subacute and later phases of care; (B) the development, modification and evaluation of therapies that retard, prevent or reverse brain damage after acute head injury, that arrest further deterioration following injury and that provide the restitution of function for individuals with long-term injuries; (C) the development of research on a continuum of care from acute care through rehabilitation, designed, to the extent practicable, to integrate rehabilitation and long-term outcome evaluation with acute care research; and (D) the development of programs that increase the participation of academic centers of excellence in head injury treatment and rehabilitation research and training.'; and (2) in subsection (h), by adding at the end the following paragraph: (4) The term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary.

SEC. 3. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. Part E of title XII of the Public Health Service Act (42 U.S.C. 300d-51 et seq.) is amended by adding at the end the following section:

SEC. 1252. STATE GRANTS FOR DEMONSTRATION PROJECTS REGARDING TRAUMATIC BRAIN INJURY. (a) IN GENERAL- The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to States for the purpose of carrying out demonstration projects to improve access to health and other services regarding traumatic brain injury. (b) STATE ADVISORY BOARD-

(1) IN GENERAL- The Secretary may make a grant under subsection (a) only if the State involved agrees to establish an advisory board within the appropriate health department of the State or within another department as designated by the chief executive officer of the State.

(2) FUNCTIONS- An advisory board established under paragraph (1) shall advise and make recommendations to the State on ways to improve services coordination regarding traumatic brain injury. Such advisory boards shall encourage citizen participation through the establishment of public hearings and other types of community outreach programs. In developing recommendations under this paragraph, such boards shall consult with Federal, State, and local governmental agencies and with citizens groups and other private entities.

(3) COMPOSITION- An advisory board established under paragraph (1) shall be composed of-- (A) representatives of-- (i) the corresponding State agencies involved; (ii) public and nonprofit private health related organizations; (iii) other disability advisory or planning groups within the State; (iv) members of an organization or foundation representing traumatic brain injury survivors in that State; and (v) injury control programs at the State or local level if such programs exist; and (B) a substantial number of individuals who are survivors of traumatic brain injury, or the family members of such individuals. (c) MATCHING FUNDS- (1) IN GENERAL- With respect to the costs to be incurred by a State in carrying out the purpose described in subsection (a), the Secretary may make a grant under such subsection only if the State agrees to make available, in cash, non-Federal contributions toward such costs in an amount that is not less than $1 for each $2 of Federal funds provided under the grant. (2) DETERMINATION OF AMOUNT CONTRIBUTED- In determining the amount of non-Federal contributions in cash that a State has provided pursuant to paragraph (1), the Secretary may not include any amounts provided to the State by the Federal Government. (d) APPLICATION FOR GRANT- The Secretary may make a grant undersubsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (e) COORDINATION OF ACTIVITIES- The Secretary shall ensure that activities under this section are coordinated as appropriate with other agencies of the Public Health Service that carry out activities regarding traumatic brain injury. (f) REPORT- Not later than 2 years after the date of the enactment of this section, the Secretary shall submit to the Committee on Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the findings and results of the programs established under this section, including measures of outcomes and consumer and surrogate satisfaction. (g) DEFINITION- For purposes of this section, the term traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning.

The Secretary may revise the definition of such term as the Secretary determines necessary. (h) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1997 through 1999.

SEC. 4. STUDY; CONSENSUS CONFERENCE. (a) STUDY-

(1) IN GENERAL- The Secretary of Health and Human Services (in this section referred to as the `Secretary'), acting through the appropriate agencies of the Public Health Service, shall conduct a study for the purpose of carrying out the following with respect to traumatic brain injury: (A) In collaboration with appropriate State and local health-related agencies-- (i) determine the incidence and prevalence of traumatic brain injury; and (ii) develop a uniform reporting system under which States report incidents of traumatic brain injury, if the Secretary determines that such a system is appropriate. (B) Identify common therapeutic interventions which are used for the rehabilitation of individuals with such injuries, and shall, subject to the availability ofinformation, include an analysis of-- (i) the effectiveness of each such intervention in improving the functioning of individuals with brain injuries; (ii) the comparative effectiveness of interventions employed in the course of rehabilitation of individuals with brain injuries to achieve the same or similar clinical outcome; and (iii) the adequacy of existing measures of outcomes and knowledge of factors influencing differential outcomes. (C) Develop practice guidelines for the rehabilitation of traumatic brain injury at such time as appropriate scientific research becomes available.

(2) DATES CERTAIN FOR REPORTS- (A) Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the findings made as a result of carrying out paragraph (1)(A). (B) Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to the Committees specified in subparagraph (A) a report describing the findings made as a result of carrying out subparagraphs (B) and (C) of paragraph (1). (b) CONSENSUS CONFERENCE- The Secretary, acting through the Director of the National Center for Medical Rehabilitation Research within the National Institute for Child Health and Human Development, shall conduct a national consensus conference on managing traumatic brain injury and related rehabilitation concerns. (c) DEFINITION- For purposes of this section, the term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary. (d) AUTHORIZATIONS OF APPROPRIATIONS- For the purpose of carrying out subsection (a)(1)(A), there is authorized to be appropriated $3,000,000 for each of the fiscal years 1997 through 1999.

For the purpose of carrying out the other provisions of this section, there is authorized to be appropriated an aggregate $500,000 for the fiscal years 1997 through 1999. Amounts appropriated for such other provisions remain available until expended. SEC. 5.

TECHNICAL AMENDMENTS. Title XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et seq.), as amended by Public Law 104-146 (the Ryan White CARE Act Amendments of 1996), is amended--

(1) in section 2626-- (A) in subsection (d), in the first sentence, by striking `(1) through (5)' and inserting `(1) through (4)'; and (B) in subsection (f), in the matter preceding paragraph (1), by striking `(1) through (5)' and inserting `(1) through (4)'; and

(2) in section 2692-- (A) in subsection (a)(1)(A)-- (i) by striking `title XXVI programs' and inserting `programs under this title'; and (ii) by striking `infection and'; and (B) by striking subsection (c) and all that follows and inserting the following: (c) AUTHORIZATION OF APPROPRIATIONS-

(1) SCHOOLS; CENTERS- For the purpose of grants under subsection (a), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1996 through 2000.

(2) DENTAL SCHOOLS- For the purpose of grants under subsection (b), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1996 through 2000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Social Security "Plan to Achieve Self Support"

Social Security has a program called the "Plan to Achieve Self Support" (PASS) to enable participants to work and eventually decrease/eliminate their Social Security benefits.

Under the plan, a person sets aside money from their SSDI to save for whatever it takes to get them back to work. Money set aside from SSDI is no longer considered income so participants may qualify for other programs such as SSI and food stamps, etc.

The PASS program has been used to save for things such as vans, computers, child care, drivers, additional physical therapy, canine companions, training, etc.

You have to do two things: Develop a plan. Get it approved by Social Security. Call your local Social Security office or one of the Independent Living Centers for further details.

Speeding up SSA Disability Payments

Getting disability benefits should be faster and easier for most people under new procedures recently announced by the Social Security Administration (SSA). Under the new application system, people applying for disability benefits will deal primarily with a single SSA employee assigned to their case.

Applicants and/or their representatives will be shown how they can help get medical evidence to support their claims. A person whose claim is denied can immediately file for a hearing.

An "Adjudication Officer" can approve a claim on appeal prior to a hearing by an administrative law judge, and will assist people through a streamlined appeal process. It is anticipated that the new system should reduce the time it takes to appeal from 2 years to about 7 months.