Delaware Code > Title 11 > Chapter 15 – Organized Crime and Racketeering
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Terms Used In Delaware Code > Title 11 > Chapter 15 - Organized Crime and Racketeering
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Beneficial interest: shall include any of the following:
- 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
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Criminal history background check: means the acquisition of state or federal criminal history record information for an individual. See Delaware Code Title 11 Sec. 8502
- Criminal history record information: shall mean information collected by state or federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations or other formal criminal charges and any disposition arising therefrom, sentencing, correctional supervision and release. See Delaware Code Title 11 Sec. 8502
- Criminal justice agency: shall mean :
- 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.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Documentary materials: shall mean any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, and any data compilation from which information can be obtained or from which information can be translated into useable form, or other tangible item. See Delaware Code Title 11 Sec. 1502
- Enterprise: shall include any individual, sole proprietorship, partnership, corporation, trust or other legal entity; and any union, association or group of persons associated in fact, although not a legal entity. See Delaware Code Title 11 Sec. 1502
- Executor: A male person named in a will to carry out the decedent
- 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.
- Fiduciary: A trustee, executor, or administrator.
- 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
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- 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.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- 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.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
- Oath: A promise to tell the truth.
- 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.
- Pattern of racketeering activity: shall mean 2 or more incidents of conduct:
- Pecuniary value: shall mean :
- Personal property: shall include any personal property or any interest in such personal property, or any right, including bank accounts, debts, corporate stocks, patents or copyrights. See Delaware Code Title 11 Sec. 1502
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Principal: shall mean a person who engages in conduct constituting a violation, or one who is legally accountable for the unlawful conduct of another person or entity. See Delaware Code Title 11 Sec. 1502
- Racketeering: shall mean to engage in, to attempt to engage in, to conspire to engage in or to solicit, coerce or intimidate another person to engage in:
- Rap Back System: shall mean a service maintained by the FBI to provide authorized noncriminal and criminal justice agencies ongoing status notifications of any criminal history subsequently reported to the FBI in its criminal history system after the initial criminal or civil transaction thus eliminating the need for repeated background checks on a person from the same applicant agency. See Delaware Code Title 11 Sec. 8502
- Real property: shall mean any real property situated in this State or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property. See Delaware Code Title 11 Sec. 1502
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Recipient agency: means any government agency which is directed or authorized by law to conduct a criminal history background check for the purposes of employing or licensing any individual in this State. See Delaware Code Title 11 Sec. 8502
- 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.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trustee: shall include :
- Trustee: A person or institution holding and administering property in trust.
- Unemancipated minor: shall mean a minor who has not married, and who resides with a parent or other legal guardian. See Delaware Code Title 11 Sec. 8531
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
- Unlawful debt: shall mean a debt incurred or contracted in an illegal gambling activity or business; or a debt which is unenforceable under state law, in whole or in part, as to either principal or interest. See Delaware Code Title 11 Sec. 1502