Terms Used In South Carolina Code > Title 2 > Chapter 3 - Organization, Employees and Compensation

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Administrator: means the Administrator of the South Carolina Department of Consumer Affairs. See South Carolina Code 32-7-10
• 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.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• At need: means after the beneficiary is deceased, and "at preneed" means before the beneficiary is deceased. See South Carolina Code 32-7-10
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bench trial: Trial without a jury in which a judge decides the facts.
• Beneficiary: means the person who is to be the subject of the disposition, services, facilities, or merchandise described in a preneed funeral contract. See South Carolina Code 32-7-10
• 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}
• Bomb: includes a destructive device capable of being detonated, triggered, or set off to release any substance or material that is destructive, irritating, odoriferous, or otherwise harmful to one or more organisms including, but not limited to, human beings, livestock, animals, crops or vegetation, or to earth, air, water, or any other material or substance necessary or required to sustain human or any other individual form of life, or to real or personal property. See South Carolina Code 16-8-10
• Business: means a corporation, partnership, proprietorship, firm, enterprise, franchise, organization, or self-employed individual. See South Carolina Code 16-3-2010
• Charitable organization: means a charitable organization pursuant to § 33-56-20. See South Carolina Code 16-3-2010
• Civil disorder: means a public disturbance involving acts of violence by three or more persons which causes an immediate danger of or results in damage or injury to another person or his property. See South Carolina Code 16-8-10
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• 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.
• Common trust fund: means a trust in which the proceeds of more than one funeral contract may be held by the trustee. See South Carolina Code 32-7-10
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Contraband: means any real or personal property, including money, that is owned by, in the possession of, or subject to the control of a criminal gang member and which is acquired by, derived from, or traceable to criminal gang activity. See South Carolina Code 16-8-230
• Conviction: A judgement of guilt against a criminal defendant.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Criminal gang: means a formal or informal ongoing organization, association, or group that consists of five or more persons who form for the purpose of committing criminal activity and who knowingly and actively participate in a pattern of criminal gang activity. See South Carolina Code 16-8-230
• Criminal gang member: means an individual who is an active member of a criminal gang. See South Carolina Code 16-8-230
• Criminal offense: means an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property is in excess of one thousand dollars. See South Carolina Code 16-3-1510
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Debt bondage: means the status or condition of a debtor arising from a pledge by the debtor of his personal services or those of a person under his control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined or if the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred. See South Carolina Code 16-3-2010
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• Department: means the South Carolina Department of Consumer Affairs. See South Carolina Code 32-7-10
• 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.
• Destructive device: means :
  
  (a) a bomb, incendiary device, or any thing that can detonate, explode, be released, or burn by mechanical, chemical, or nuclear means, or that contains an explosive, incendiary, poisonous gas, or toxic substance (chemical, biological, or nuclear materials) including, but not limited to, an incendiary or over-pressure device, or any other device capable of causing damage, injury, or death;
  
  (b) a bacteriological weapon or biological weapon; or
  
  (c) a combination of any parts, components, chemical compounds, or other substances, either designed or intended for use in converting any device into a destructive device which has been or can be assembled to cause damage, injury, or death. See South Carolina Code 16-8-10
• Device: means an object, contrivance, instrument, technique, or means that is designed, manufactured, assembled, or capable of serving any purpose in a bomb, destructive device, explosive, incendiary, or weapon of mass destruction. See South Carolina Code 16-8-10
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Electronic contact: means any transfer of signs, signals, writings, images, sounds, data, intelligence, or information of any nature transmitted in whole or in part by any device, system, or mechanism including, but not limited to, a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system. See South Carolina Code 16-3-1700
• 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
• Explosive: means a chemical compound or other substance or a mechanical system intended for the purpose of producing an explosion capable of causing injury, death, or damage to property or one containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion capable of causing injury, death, or damage to property. See South Carolina Code 16-8-10
• Family: means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person. See South Carolina Code 16-3-1700
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means a bank, trust company, or savings and loan association authorized by law to do business in this State. See South Carolina Code 32-7-10
• Firearm: means a weapon which is designed to or readily may be converted to expel a projectile by the action of an explosive, or the frame or receiver of that weapon. See South Carolina Code 16-8-10
• 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.
• Forced labor: means any type of labor or services performed or provided by a person rendered through another person's coercion of the person providing the labor or services. See South Carolina Code 16-3-2010
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{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
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• Harassment in the first degree: means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. See South Carolina Code 16-3-1700
• Harassment in the second degree: means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. See South Carolina Code 16-3-1700
• In writing: means any written communication, including electronically transmitted data. See South Carolina Code 16-3-1510
• Incendiary: means any material that:
  
  (a) causes, or is capable of causing, fire when it is lit or ignited; and
  
  (b) is used to ignite a flammable liquid or compound in an unlawful manner. See South Carolina Code 16-8-10
• Incendiary device: means a destructive device, however possessed or delivered, and by whatever name called, containing or holding a flammable liquid or compound, which is capable of being ignited by any means possible. See South Carolina Code 16-8-10
• 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: means a human being. See South Carolina Code 16-3-1510
• Initial offense incident report: means a uniform traffic accident report or a standardized incident report form completed at the time of the initial law enforcement response. See South Carolina Code 16-3-1510
• 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.
• Involuntary servitude: means a condition of servitude induced through coercion. See South Carolina Code 16-3-2010
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• Juror: A person who is on the jury.
• Law enforcement officer: means :
  
  (a) an officer or employee of the United States, a state, political subdivision of a state, or the District of Columbia, who is authorized to enforce laws and is acting within his official capacity;
  
  (b) members of the National Guard;
  
  (c) members of the organized militia of a state or territory;
  
  (d) members of the Armed Forces of the United States. See South Carolina Code 16-8-10
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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.
• Oath: A promise to tell the truth.
• Over-pressure device: means a container filled with an explosive gas or expanding gas or liquid which is designed or constructed so as to cause the container to break, fracture, or rupture in such a manner which is capable of causing death, bodily harm, or property damage, and includes, but is not limited to, a chemical reaction bomb, an acid bomb, a caustic bomb, or a dry ice bomb. See South Carolina Code 16-8-10
• Oversight: Committee review of the activities of a Federal agency or program.
• Parts: means a combination of parts, components, chemical compounds, or other substances, designed or intended for use in converting any device into a destructive device. See South Carolina Code 16-8-10
• Pattern: means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. See South Carolina Code 16-3-1700
• Pattern of criminal gang activity: means the commission or attempted commission of, commission as an accessory before or after the fact to, or solicitation or conspiracy to commit, by a criminal gang member, while knowingly and actively participating in criminal gang activity, four or more of the following offenses occurring within a two-year period, provided that at least three of these offenses occurred after July 1, 2007:
  
  (a) a violent offense as defined in § 16-1-60 committed as a part of criminal gang activity;
  
  (b) financial transaction card crimes as defined in Chapter 14 of Title 16 committed as a part of criminal gang activity;
  
  (c) first degree lynching as defined in § 16-3-210 committed as a part of criminal gang activity;
  
  (d) second degree lynching as defined in § 16-3-220 committed as a part of criminal gang activity;
  
  (e) breaking into a motor vehicle as defined in § 16-13-160 committed as a part of criminal gang activity;
  
  (f) grand larceny as defined in § 16-13-30 committed as a part of criminal gang activity;
  
  (g) blackmail as defined in § 16-17-640 committed as a part of criminal gang activity;
  
  (h) malicious injury to property as defined in Sections 16-11-510, 16-11-520, 16-11-530, and 16-11-535 committed as a part of criminal gang activity;
  
  (i) drug offense as defined in §§ 44-53-370 and 44-53-375 committed as a part of criminal gang activity;
  
  (j) harassment, stalking, or aggravated stalking as defined in Article 17, Chapter 3 of Title 16 committed as a part of criminal gang activity;
  
  (k) pointing a firearm at any person as defined in § 16-23-410 committed as a part of criminal gang activity;
  
  (l) discharging a firearm at or into dwellings, structures, enclosures, vehicles, or equipment as defined in § 16-23-440 committed as a part of criminal gang activity;
  
  (m) the common law offense of assault and battery of a high and aggravated nature committed as a part of criminal gang activity; or
  
  (n) the common law offense of obstruction of justice committed as a part of criminal gang activity. See South Carolina Code 16-8-230
• Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
• Person: means an individual, corporation, partnership, charitable organization, or another legal entity. See South Carolina Code 16-3-2010
• Personal property: All property that is not real property.
• 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.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Poisonous gases: means a toxic chemical or its precursors that through its chemical action or properties on life processes, causes death or injury to human beings or other living organisms. See South Carolina Code 16-8-10
• 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}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Preneed funeral contract: means a contract which has for its purpose the furnishing or performance of funeral services or the furnishing or delivery of personal property, merchandise, or services of any nature in connection with the final disposition of a dead human body to be furnished or delivered at a time determinable by the death of the person whose body is to be disposed of, but does not mean the furnishing of a cemetery lot, crypt, niche, mausoleum, grave marker, or monument. See South Carolina Code 32-7-10
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• 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.
• Prosecuting agency: means the solicitor, Attorney General, special prosecutor, or any person or entity charged with the prosecution of a criminal case in general sessions or family court. See South Carolina Code 16-3-1510
• Provider: means a funeral home licensed in this State which is the entity providing services and merchandise pursuant to a preneed funeral contract and is designated trustee of all funds. See South Carolina Code 32-7-10
• Purchaser: means the person who is obligated to make payments under a preneed funeral contract. See South Carolina Code 32-7-10
• Quorum: The number of legislators that must be present to do business.
• Recess: A temporary interruption of the legislative business.
• 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.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• sale: includes a sale, lease, exchange, or other disposition of property and assets of the corporation except a mortgage of or other security interest in the property and assets. See South Carolina Code 33-12-103
• Seller: means a licensed funeral director in this State who is directly employed by the provider. See South Carolina Code 32-7-10
• Service of process: The service of writs or summonses to the appropriate party.
• Services: means an act committed at the behest of, under the supervision of, or for the benefit of another person. See South Carolina Code 16-3-2010
• 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.
• Sex trafficking: means the recruitment, harboring, transportation, provision, or obtaining of a person for one of the following when it is induced by force, fraud, or coercion or the person performing the act is under the age of eighteen years and anything of value is given, promised to, or received, directly or indirectly, by any person:
  
  (a) criminal sexual conduct pursuant to § 16-3-651;
  
  (b) criminal sexual conduct in the first degree pursuant to § 16-3-652;
  
  (c) criminal sexual conduct in the second degree pursuant to § 16-3-653;
  
  (d) criminal sexual conduct in the third degree pursuant to § 16-3-654;
  
  (e) criminal sexual conduct with a minor pursuant to § 16-3-655;
  
  (f) engaging a child for sexual performance pursuant to § 16-3-810;
  
  (g) producing, directing, or promoting sexual performance by a child pursuant to § 16-3-820;
  
  (h) sexual battery pursuant to § 16-3-651;
  
  (i) sexual conduct pursuant to § 16-3-800; or
  
  (j) sexual performance pursuant to § 16-3-800. See South Carolina Code 16-3-2010
• Stalking: means a pattern of words, whether verbal, written, or electronic, or a pattern of conduct that serves no legitimate purpose and is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:
  
  (1) death of the person or a member of his family;
  
  (2) assault upon the person or a member of his family;
  
  (3) bodily injury to the person or a member of his family;
  
  (4) criminal sexual contact on the person or a member of his family;
  
  (5) kidnapping of the person or a member of his family; or
  
  (6) damage to the property of the person or a member of his family. See South Carolina Code 16-3-1700
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Summary court: means magistrate or municipal court. See South Carolina Code 16-3-1510
• Summons: Another word for subpoena used by the criminal justice system.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• 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.
• Trustee: A person or institution holding and administering property in trust.
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Victim: means any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. See South Carolina Code 16-3-1510
• Victim: means a person who suffers direct or threatened physical, emotional, or financial harm as the result of an act by someone else, which is a crime. See South Carolina Code 16-3-1610
• victim: means a person who has been subjected to the crime of trafficking in persons. See South Carolina Code 16-3-2010
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
• Weapon of mass destruction: means :
  
  (a) any destructive device as defined in item (4);
  
  (b) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;
  
  (c) any weapon involving a disease organism; or
  
  (d) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life. See South Carolina Code 16-8-10
• Witness: means a person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to be called or likely to be called as a witness for the prosecution or defense for criminal offenses defined in this section, whether or not any action or proceeding has been commenced. See South Carolina Code 16-3-1510