Terms Used In Delaware Code > Title 3 > Chapter 101 > Subchapter II - License to Conduct Racing Meet; Taxes

• Adjudicative proceeding: means any judicial or quasi-judicial proceeding in which the rights of parties are determined but does not include any proceeding of a grand jury. See Delaware Code Title 10 Sec. 4320
• Administrative tribunal: shall mean a show cause hearing before the Code Official for New Castle County. See Delaware Code Title 9 Sec. 2901
• 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.
• 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.
• 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
• Assessed value: means the total assessed value of all real property in a TIF District subject to taxation as determined by the Assessor, with any adjustment pursuant to paragraph (2) of this section taken into account. See Delaware Code Title 9 Sec. 3202
• Assessor: shall mean the General Manager of the New Castle County Department of Land Use or designee. See Delaware Code Title 9 Sec. 3202
• 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.
• 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}
• bond: means any revenue or general obligation bonds or bond, notes or note, or other similar instruments or instrument issued by New Castle County pursuant to and in accordance with this chapter. See Delaware Code Title 9 Sec. 3202
• Building: means a structure having a roof and intended to shelter persons, animals, property or a business activity. See Delaware Code Title 9 Sec. 2501
• Building: shall mean a structure having a roof, and intended to shelter persons, animals, property or business activity. See Delaware Code Title 9 Sec. 2901
• Building sewer system: means equipment, appliances, pipes, fittings, fixtures and other appurtenances that convey liquid and water-carried waste from the building or structure to a public sewer, private sewer, individual sewage disposal system or other point of disposal. See Delaware Code Title 9 Sec. 2501
• Chief financial officer: means New Castle County Chief Financial Official or designee. See Delaware Code Title 9 Sec. 3202
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Commission: means Regional Planning Commission of New Castle County in § 3003 of this title but shall mean the Department of Land Use in all other sections. See Delaware Code Title 9 Sec. 3001
• 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.
• 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.
• County: means New Castle County. See Delaware Code Title 9 Sec. 2801
• County: means New Castle County. See Delaware Code Title 9 Sec. 3001
• county: means New Castle County. See Delaware Code Title 9 Sec. 3202
• County Council: shall mean the County Council for New Castle County. See Delaware Code Title 9 Sec. 2501
• County Council: shall mean the County Council for New Castle County. See Delaware Code Title 9 Sec. 2901
• County council: means New Castle County Council or designee. See Delaware Code Title 9 Sec. 3202
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department of Land Use: shall mean the New Castle County Department of Land Use. See Delaware Code Title 9 Sec. 2501
• Department of Land Use: shall mean the New Castle County Department of Land Use. See Delaware Code Title 9 Sec. 2901
• 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.
• Development: means redevelopment, revitalization or renovation. See Delaware Code Title 9 Sec. 3202
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District: means Regional Planning District of New Castle County, which comprises all that portion of the County not included within the corporate limits of any city or town, unless any territory within such corporate limits is included upon request made by the governing body or authority of any such city or town. See Delaware Code Title 9 Sec. 3001
• Docket: A log containing brief entries of court proceedings.
• Dower: A widow
• Employee: means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from local, state or federal funds, including elected or appointed officials, volunteer firefighters and rescue squad members where the rescue squad receives full or partial financial support from political subdivisions or from the State, but the term "employee" shall not mean a person or other legal entity acting in the capacity of an independent contractor under contract to the governmental entity. See Delaware Code Title 10 Sec. 4010
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Fuel gas system: shall mean natural or liquid gas appliances and related accessories, including gas piping extending from the point of delivery to the inlet connections of appliances. See Delaware Code Title 9 Sec. 2501
• Governmental entity: means any municipality, town, county, administrative entity or instrumentality created pursuant to Chapter 8 of Title 22 or Title 9, any municipality created by a special act of the General Assembly, any housing authority created pursuant to Chapter 43 of Title 31, any parking authority created pursuant to Chapter 5 of Title 22, any municipal business improvement district authority created pursuant to Chapter 15 of Title 22 and all registered volunteer fire companies and volunteer rescue squads. See Delaware Code Title 10 Sec. 4010
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Information: means any oral, written or pictorial material and includes, but is not limited to, documents, electronic impulses, expressions of opinion, films, photographs, sound records, and statistical data. See Delaware Code Title 10 Sec. 4320
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Intestate: Dying without leaving a will.
• issuer: means New Castle County when it acts to issue bonds or to any other taxing body when it issues bonds. See Delaware Code Title 9 Sec. 3202
• 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mechanical system: shall mean a system permanently installed and utilized to provide for the control of environmental conditions and related processes within buildings and structures, including equipment, appliances, fixtures, fittings, and appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators and other energy related systems. See Delaware Code Title 9 Sec. 2501
• 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}
• 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.
• Original assessed value: means the assessed value as of January 1 of the calendar year in which the resolution creating the TIF District under § 3206(1) of this title becomes effective. See Delaware Code Title 9 Sec. 3202
• 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.
• Permit: includes any building permit, license, zoning permit, certificate of occupancy, certificate of use, certificate of completion, subdivision approval and any other official action of government having the effect of permitting construction, occupancy or use. See Delaware Code Title 9 Sec. 2501
• Person: means individual, corporation, statutory trust, business trust, estate, trust, partnership or association, governmental body, or any other legal entity. See Delaware Code Title 10 Sec. 4320
• Person responsible: shall mean the owner and any other person or persons who have control over the property or are responsible for the violation. See Delaware Code Title 9 Sec. 2901
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means the map, plat, or other document verbally or graphically illustrating or describing a plan of subdivision or land development. See Delaware Code Title 9 Sec. 3001
• Plumbing system: means the equipment, appliances, pipes, fittings, fixtures and other appurtenances in or about a building or structure for bringing in the water supply and removing liquid and water-carried waste. See Delaware Code Title 9 Sec. 2501
• 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}
• Property: shall mean a lot, plot or parcel of land, including any structures thereon. See Delaware Code Title 9 Sec. 2901
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recorder of Deeds: means Recorder of Deeds in and for New Castle County. See Delaware Code Title 9 Sec. 3001
• Regulations: means land subdivision regulations. See Delaware Code Title 9 Sec. 3001
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Reporter: means any journalist, scholar, educator, polemicist, or other individual who either:

  a. See Delaware Code Title 10 Sec. 4320

• 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.
• Source: means a person from whom a reporter obtained information by means of written or spoken communication or the transfer of physical objects, but does not include a person from whom a reporter obtained information by means of personal observation unaccompanied by any other form of communication and does not include a person from whom another person who is not a reporter obtained information, even if the information was ultimately obtained by a reporter. See Delaware Code Title 10 Sec. 4320
• State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
• 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.
• Structure: shall mean a man made object having an ascertainable stationary location on land or in water, whether or not affixed to the land. See Delaware Code Title 9 Sec. 2501
• Structure: shall mean a manmade object having an ascertainable stationary location on land or in water, whether or not affixed to the land. See Delaware Code Title 9 Sec. 2901
• Subdivider: means any person, or agent thereof, who undertakes the subdivision of land; or any successor to the rights of said person in said land. See Delaware Code Title 9 Sec. 3001
• Subdivision: means :

  a. See Delaware Code Title 9 Sec. 3001

• Subpoena: A command to a witness to appear and give testimony.
• Tax increment: means for any tax year the amount by which the assessed value as of January 1 preceding that tax year exceeds the original assessed value. See Delaware Code Title 9 Sec. 3202
• Testify: Answer questions in court.
• Testify: means give testimony, provide tangible evidence, submit to a deposition, or answer interrogatories. See Delaware Code Title 10 Sec. 4320
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• TIF District: means an area designated by a resolution described in § 3206(1) of this title. See Delaware Code Title 9 Sec. 3202
• 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.
• 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.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Verdict: The decision of a petit jury or a judge.
• Within the scope of his or her professional activities: means any situation, including a social gathering, in which the reporter obtains information for the purpose of disseminating it to the public, but does not include any situation in which the reporter intentionally conceals from the source the fact that he or she is a reporter and does not include any situation in which the reporter is an eyewitness to or participant in an act involving physical violence or property damage. See Delaware Code Title 10 Sec. 4320
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302