Terms Used In U.S. Code > Title 21 > Chapter 26
- advertising: means any advertising or promotion program involving only fluid milk products and directed toward increasing the general demand for fluid milk products. See 7 USC 6402
- 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.
- agency: means an agency as defined in section 552(e) 1 of title 5. See 22 USC 3902
- Amortization: Paying off a loan by regular installments.
- annuitant: means any individual, including a former participant or survivor, who meets all requirements for an annuity from the Fund under this chapter or any other Act and who has filed a claim for such annuity. See 22 USC 4044
- 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.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 1 USC 5
- Auction market: means a market or place to which tobacco is delivered by the producers thereof, or their agents, for sale at auction through a warehouseman or commission merchant. See 7 USC 511
- Balanced budget: A budget in which receipts equal outlays.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Board: means the United Soybean Board established under section 6304(b) of this title. See 7 USC 6302
- Board: means the National Processor Advertising and Promotion Board established under section 6407(b) of this title. See 7 USC 6402
- Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
- chief of mission: means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 3982(c) of this title to be temporarily in charge of such a mission or office. See 22 USC 3902
- child: means an individual--
(i) is an offspring or adopted child of the participant,
(ii) is a stepchild or recognized natural child of the participant and who received more than one-half support from the participant, or
(iii) lived with the participant, for whom a petition of adoption was filed by the participant, and who is adopted by the surviving spouse of the participant after the death of the participant. See 22 USC 4044
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Commerce: means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof. See 7 USC 511
- Committee: means the Soybean Program Coordinating Committee established under section 6304(g) of this title. See 7 USC 6302
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- court: means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court as defined by section 1301(3) of title 25. See 22 USC 4044
- court order: means any court decree of divorce or annulment, or any court order or court approved property settlement agreement incident to any court decree of divorce or annulment. See 22 USC 4044
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of State, except that with reference to the exercise of functions under this chapter with respect to another agency authorized by law to utilize the Foreign Service personnel system, such term means that other agency. See 22 USC 3902
- Department: means the Department of Agriculture. See 7 USC 6402
- 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.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- 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.
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- fluid milk processor: means any person who processes and markets commercially more than 3,000,000 pounds of fluid milk products in consumer-type packages per month (excluding products delivered directly to the place of residence of a consumer). See 7 USC 6402
- fluid milk product: has the meaning given the term in--
(A) section 1000. See 7 USC 6402
- Foreign Service: means the Foreign Service of the United States. See 22 USC 3902
- former spouse: means a former wife or husband of a participant or former participant who was married to such participant for not less than 10 years during periods of service by that participant which are creditable under section 4056 of this title. See 22 USC 4044
- Fraud: Intentional deception resulting in injury to another.
- Fund balance: means the sum of--
(A) the investments of the Fund calculated at par value, plus
(B) the cash balance of the Fund on the books of the Treasury. See 22 USC 4044
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Government: means the Government of the United States. See 22 USC 3902
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Inspector: means any person employed, licensed, or authorized by the Secretary to determine and certify the type, grade, condition, or other characteristics of tobacco. See 7 USC 511
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- lump-sum credit: means the compulsory and special contributions to the credit of a participant or former participant in the Fund plus interest on such contributions at 4 percent a year compounded annually to December 31, 1976, and after such date, for a participant who separates from the Service after completing at least 1 year of civilian service and before completing 5 years of such service, at the rate of 3 percent per year to the date of separation (except that interest shall not be paid for a fractional part of a month in the total service or on compulsory and special contributions from an annuitant for recall service or other service performed after the date of separation which forms the basis for annuity). See 22 USC 4044
- marriage: means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or a wife. See 1 USC 7
- military and naval service: means honorable active service--
(A) in the Armed Forces of the United States,
(B) in the Regular or Reserve Corps 1 of the Public Health Service after June 30, 1960, or
(C) as a commissioned officer of the National Oceanic and Atmospheric Administration, or a predecessor organization, after June 30, 1961,
but does not include service in the National Guard except when ordered to active duty in the service of the United States. See 22 USC 4044
- order: means an order issued under section 6303 of this title. See 7 USC 6302
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: as used in this chapter shall be held to embrace also any partnership, corporation, association, or other legal entity. See
- Person: includes partnerships, associations, and corporations, as well as individuals. See 7 USC 511
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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.
- 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: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- research: means market research to support advertising and promotion efforts, including educational activities, research directed to product characteristics, product development, including new products or improved technology in production, manufacturing or processing of milk and the products of milk. See 7 USC 6402
- Sampler: means any person employed, licensed, or authorized by the Secretary to select, tag, and seal official samples of tobacco. See 7 USC 511
- Secretary: means the Secretary of State, except that (subject to section 3921 of this title) with reference to the exercise of functions under this Act with respect to any agency authorized by law to utilize the Foreign Service personnel system, such term means the head of that agency. See 22 USC 3902
- Secretary: means the Secretary of Agriculture. See 7 USC 6302
- Secretary: means the Secretary of Agriculture. See 7 USC 6402
- Secretary: means the Secretary of Agriculture of the United States. See 7 USC 511
- 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.
- special agent: means an employee of the Department of State with a primary skill code of 2501--
(A) the duties of whose position--
(i) are primarily--
(I) the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States. See 22 USC 4044
- spousal agreement: means any written agreement between--
(A) a participant or former participant. See 22 USC 4044
- State: shall include each of the several States, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and, to the extent the Secretary determines it to be feasible and appropriate, the Trust Territory of the Pacific Islands. See 7 USC 1991
- State: includes Territory, the District of Columbia, possession of the United States, and foreign nations. See 7 USC 511
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- student: means a child regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution (for purposes of this paragraph, a child who is a student shall not be deemed to have ceased to be a student during any period between school years, semesters, or terms if the period of nonattendance does not exceed 5 calendar months and if the child shows to the satisfaction of the Secretary of State that he or she has a bona fide intention of continuing to pursue his or her course of study during the school year, semester, or term immediately following such period). See 22 USC 4044
- Subpoena: A command to a witness to appear and give testimony.
- surviving spouse: means the surviving wife or husband of a participant or annuitant who was married to the participant or annuitant for at least 9 months immediately preceding his or her death or is a parent of a child born of the marriage, except that the requirement for at least 9 months of marriage shall be deemed satisfied in any case in which the participant or annuitant dies within the applicable 9-month period, if--
(A) the death of such participant or annuitant was accidental. See 22 USC 4044
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Tobacco: means tobacco in its unmanufactured form. See 7 USC 511
- 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.
- unfunded liability: means the estimated excess of the present value of all benefits payable from the Fund under this part over the sum of--
(A) the present value of deductions to be withheld from the future basic salary of participants and of future agency contributions to be made on their behalf, plus
(B) the present value of Government payments to the Fund under section 4061 of this title, plus
(C) the Fund balance as of the date the unfunded liability is determined. See 22 USC 4044
- United States: when used in a geographic sense, means the several States and the District of Columbia. See 22 USC 3902
- vehicle: includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. See 1 USC 4
- Weigher: means any person employed, licensed, or authorized by the Secretary to weigh and certify the weight of tobacco. See 7 USC 511
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.