Terms Used In U.S. Code > Title 42 > Chapter 7
- Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
- accompanying the Armed Forces outside the United States: means --
(A) a dependent of--
- accompanying the Federal Government outside the United States: means --
(A) a dependant of--
- account: means a demand deposit, savings deposit, or other asset account (other than an occasional or incidental credit balance in an open end credit plan as defined in section 1602(i) 1 of this title), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, but such term does not include an account held by a financial institution pursuant to a bona fide trust agreement. See 20 USC 2393
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
- Administration: means the Social Security Administration, except where the context requires otherwise. See
- administrative costs: means costs for the following, but only to the extent incurred in administering the State plan developed pursuant to this subpart: procurement, payroll management, personnel functions (other than the portion of the salaries of supervisors attributable to time spent directly supervising the provision of services by caseworkers), management, maintenance and operation of space and property, data processing and computer services, accounting, budgeting, auditing, and travel expenses (except those related to the provision of services by caseworkers or the oversight of programs funded under this subpart). See 19 USC 1583
- Administrator: means the Administrator, Bonneville Power Administration. See 20 USC 7231a
- Administrator: means the Administrator of the Bonneville Power Administration. See 20 USC 7246
- Administrator: means the individual or organization designated by the Pacific Island Parties to act on their behalf under the Treaty and notified to the United States Government. See 16 USC 559f
- Administrator: means the Administrator of the Environmental Protection Agency. See 20 USC 3480
- adoption assistance agreement: means a written agreement, binding on the parties to the agreement, between the State agency, other relevant agencies, and the prospective adoptive parents of a minor child which at a minimum (A) specifies the nature and amount of any payments, services, and assistance to be provided under such agreement, and (B) stipulates that the agreement shall remain in effect regardless of the State of which the adoptive parents are residents at any given time. See
- adoption promotion and support services: means services and activities designed to encourage more adoptions out of the foster care system, when adoptions promote the best interests of children, including such activities as pre- and post-adoptive services and activities designed to expedite the adoption process and support adoptive families. See 19 USC 1592a
- adult: means an individual who is not a minor child. See
- advanced workplace practices: means innovations in work organization and performance, including high-performance workplace systems, flexible production techniques, quality programs, continuous improvement, concurrent engineering, close relationships between suppliers and customers, widely diffused decisionmaking and work teams, and effective integration of production technology, worker skills and training, and workplace organization, and such other characteristics as determined appropriate by the Secretary of Labor, in consultation with the Secretary of Commerce. See
- advanced workplace technologies: includes --
(A) numerically controlled machine tools, robots, automated process control equipment, computerized flexible manufacturing systems, associated computer software, and other technology for improving the manufacturing and industrial production of goods and commercial services, which advance the state-of-the-art. See
- 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.
- affected employees: means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer. See
- 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.
- affiliate: means any person who (other than by means of a franchise) controls, is controlled by, or is under common control with, any other person. See 20 USC 6571
- affiliate: means any company that controls, is controlled by, or is under common control with another company. See 20 USC 9518
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- age or developmentally-appropriate: means --
(i) activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group. See
- agency: includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense. See 20 USC 9111
- agency of the United States: means any executive department as defined in section 101 of title 5, United States Code, a military department as defined in section 102 of title 5, United States Code, the Nuclear Regulatory Commission, the Board of Governors of the Federal Reserve System, the China Trade Act registrar appointed under 53 Stat. See
- agricultural association: means any nonprofit or cooperative association of farmers, growers, or ranchers, incorporated or qualified under applicable State law, which recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. See
- agricultural employer: means any person who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed or nursery, or who produces or conditions seed, and who either recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. See
- agricultural employment: means employment in any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938 (29 U. See
- 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.
- 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.
- antitrust laws: means the antitrust laws, as such term is defined in section 12 of this title, and section 45 of this title (to the extent that section 45 of this title prohibits unfair methods of competition), and any State antitrust or unfair competition law,
(7) the term "Secretary" means the Secretary of Commerce or his designee, and
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- applicable national law: means any provision of law of a Pacific Island Party which is described in paragraph 1(a) of Annex I of the Treaty. See 16 USC 559f
- Appraisal: A determination of property value.
- 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
- Armed Forces: has the meaning given the term "armed forces" in section 101(a)(4) of title 10. See
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- 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.
- Atomic Energy Commission: shall mean the United States Atomic Energy Commission established under the Atomic Energy Act or any amendments thereof. See
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney General: means the Attorney General of the United States or his designee. See
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Authorized Officer: means any officer who is authorized by the Secretary, or the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an enforcement agreement with the Secretary under section 973h(a) of this title. See 16 USC 559f
- Authorized Party Officer: means any officer authorized by a Pacific Island Party to enforce the provisions of the Treaty. See 16 USC 559f
- authorized person: means --
(1) any agent or attorney of any State or Indian tribe or tribal organization (as defined in subsections (e) and (l) of section 5304 of title 25), having in effect a plan approved under this part, who has the duty or authority under such plans to seek to recover any amounts owed as child and spousal support (including, when authorized under the State plan, any official of a political subdivision). See
- automotive fuel: means liquid fuel of a type distributed for use as a fuel in any motor vehicle. See 20 USC 6613
- automotive fuel rating: means --
(A) the octane rating of an automotive spark-ignition engine fuel. See 20 USC 6613
- automotive fuel requirement: means , with respect to automotive fuel for use in a motor vehicle or a class thereof, imported, manufactured, or assembled by a manufacturer, the minimum automotive fuel rating of such automotive fuel which such manufacturer recommends for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking. See 20 USC 6613
- automotive fuel retailer: means any person who markets automotive fuel to the general public for ultimate consumption. See 20 USC 6613
- Bacon-Davis Act: means the Act entitled "An Act to amend the Act approved March 3, 1931, relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings" approved August 30, 1935 (49 Stat. See
- 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.
- Balanced budget: A budget in which receipts equal outlays.
- 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.
- 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
- Bequest: Property gifted by will.
- Board: means the Board of Governors of the Federal Reserve System. See 20 USC 2393
- bodily injury: includes sexual abuse. See
- 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).
- Bureau: means the Bureau of Consumer Financial Protection. See 20 USC 2393
- Bureau: means the Bureau of Consumer Financial Protection. See 20 USC 2323
- business day: means any day on which the offices of the consumer's financial institution involved in an electronic fund transfer are open to the public for carrying on substantially all of its business functions. See 20 USC 2393
- Capital offense: A crime punishable by death.
- caregiver: means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed. See
- case plan: means a written document which meets the requirements of section 675a of this title and includes at least the following:
(A) A description of the type of home or institution in which a child is to be placed, including a discussion of the safety and appropriateness of the placement and how the agency which is responsible for the child plans to carry out the voluntary placement agreement entered into or judicial determination made with respect to the child in accordance with section 672(a)(1) 1 of this title. See
- case review system: means a procedure for assuring that--
(A) each child has a case plan designed to achieve placement in a safe setting that is the least restrictive (most family like) and most appropriate setting available and in close proximity to the parents' home, consistent with the best interest and special needs of the child, which--
(i) if the child has been placed in a foster family home or child-care institution a substantial distance from the home of the parents of the child, or in a State different from the State in which such home is located, sets forth the reasons why such placement is in the best interests of the child, and
(ii) if the child has been placed in foster care outside the State in which the home of the parents of the child is located, requires that, periodically, but not less frequently than every 6 months, a caseworker on the staff of the State agency of the State in which the home of the parents of the child is located, of the State in which the child has been placed, or of a private agency under contract with either such State, visit such child in such home or institution and submit a report on such visit to the State agency of the State in which the home of the parents of the child is located,2
(B) the status of each child is reviewed periodically but no less frequently than once every six months by either a court or by administrative review (as defined in paragraph (6)) in order to determine the safety of the child, the continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care, and to project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption or legal guardianship, and, for a child for whom another planned permanent living arrangement has been determined as the permanency plan, the steps the State agency is taking to ensure the child's foster family home or child care institution is following the reasonable and prudent parent standard and to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities). See
- catastrophic injury: means an injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work. See 20 USC 7013
- Chambers: A judge's office.
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- chemical substance: means any organic or inorganic substance of a particular molecular identity, including--
(i) any combination of such substances occurring in whole or in part as a result of a chemical reaction or occurring in nature, and
(ii) any element or uncombined radical. See 20 USC 3480
- chief executive: means the highest official of a State or local jurisdiction. See
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- child: means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased or permanently and totally disabled public safety officer who, at the time of the public safety officer's fatal or catastrophic injury, is--
(A) 18 years of age or under. See 20 USC 7013
- child: means an individual who has not attained 18 years of age. See
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Closed Area: means any of the closed areas identified in Schedule 2 of Annex I of the Treaty. See 16 USC 559f
- commerce: means any trade, traffic, transportation, exchange, or other commerce--
(A) between any State and any place outside of such State. See 20 USC 6571
- commerce: means any trade, traffic, transportation, exchange, or other commerce--
(A) between any State and any place outside of such State. See 20 USC 6613
- commerce: has the meaning provided by section 203(b) of this title. See
- commerce: means trade, traffic, transportation, or other commerce (A) between a place in a State and any place outside of such State, or (B) which affects trade, traffic, transportation, or commerce described in clause (A). See 20 USC 3480
- Commission: means the Great Lakes Fishery Commission provided for by article II of the convention. See 20 USC 7401
- Commission: means the Federal Trade Commission. See
- Committee: means the Committee on Earth and Environmental Sciences established under section 2932 of this title. See 16 USC 460nnn-61
- Committee amendment: An amendment recommended by a committee in reporting a bill or other measure.
- Committee jurisdiction: The subjects and functions assigned to a committee by rule, resolution, precedent, or practice, including legislative matters, oversight and investigations, and nominations of executive officers.
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Committee print: A publication used by committees for various purposes. For example, the rules of each standing committee may be published as a committee print, and drafts of bills or committee reports may be produced as committee prints.
- 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.
- communication: means the conveying of information regarding a debt directly or indirectly to any person through any medium. See 20 USC 2323
- 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.
- conditions of use: means the circumstances, as determined by the Administrator, under which a chemical substance is intended, known, or reasonably foreseen to be manufactured, processed, distributed in commerce, used, or disposed of. See 20 USC 3480
- Conference report: The compromise product negotiated by the conference committee. The "conference report" is submitted to each chamber for its consideration, such as approval or disapproval.
- Conservation: means any reduction in electric power consumption as a result of increases in the efficiency of energy use, production, or distribution. See 20 USC 7246
- construction: means the erection, acquisition, renovation, repairs, remodeling, or expansion of new or existing buildings or other physical facilities, and the acquisition or installation of initial equipment therefor. See
- consumer: means any natural person obligated or allegedly obligated to pay any debt. See 20 USC 2323
- consumer: means a natural person. See 20 USC 2393
- Consumer: means any end user of electric power. See 20 USC 7246
- consumer: means an individual who obtains, from a financial institution, financial products or services which are to be used primarily for personal, family, or household purposes, and also means the legal representative of such an individual. See 20 USC 9518
- Continuance: Putting off of a hearing ot trial until a later time.
- contract: means any oral or written agreement. See 20 USC 6571
- Contract: A legal written agreement that becomes binding when signed.
- controlled substance: has the meaning given that term in section 802(6) of title 21. See 10 USC 7541
- Convention: means the Convention on Great Lakes Fisheries between the United States of America and Canada signed at Washington, September 10, 1954. See 20 USC 7401
- 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.
- corporation: includes associations, joint-stock companies, and insurance companies. See
- Cost-effective: when applied to any measure or resource referred to in this chapter, means that such measure or resource must be forecast--
(i) to be reliable and available within the time it is needed, and
(ii) to meet or reduce the electric power demand, as determined by the Council or the Administrator, as appropriate, of the consumers of the customers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative measure or resource, or any combination thereof. See 20 USC 7246
- Council: means , unless otherwise specifically provided, the members appointed to the Pacific Northwest Electric Power and Conservation Planning Council established pursuant to section 839b of this title. See 20 USC 7246
- Council: means the Federal Coordinating Council on Science, Engineering, and Technology. See 16 USC 460nnn-61
- Counterclaim: A claim that a defendant makes against a plaintiff.
- court: means a tribunal recognized as a part of the judicial branch of a State or of its local government units. See
- court of the United States: means any of the following courts: the Supreme Court of the United States, a United States court of appeals, a United States district court established under chapter 5, title 28, United States Code, a United States bankruptcy court established under chapter 6, title 28, United States Code, the District of Columbia Court of Appeals, the Superior Court of the District of Columbia, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Federal Claims, the Tax Court of the United States, the Court of International Trade, and the Court of Appeals for the Armed Forces. See
- Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
- criminal justice: means activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency. See
- Cross examine: Questioning of a witness by the attorney for the other side.
- Customer: means anyone who contracts for the purchase of power from the Administrator pursuant to this chapter. See 20 USC 7246
- customer: means any person who acquires or attempts to acquire goods or services in a telephone-billed purchase. See
- customs waters: means , in the case of a foreign vessel subject to a treaty or other arrangement between a foreign government and the United States enabling or permitting the authorities of the United States to board, examine, search, seize, or otherwise to enforce upon such vessel upon the high seas the laws of the United States, the waters within such distance of the coast of the United States as the said authorities are or may be so enabled or permitted by such treaty or arrangement and, in the case of every other vessel, the waters within four leagues of the coast of the United States. See 10 USC 7541
- cyber-physical systems: means physical or engineered systems whose networking and information technology functions and physical elements are deeply integrated and are actively connected to the physical world through sensors, actuators, or other means to enable safe and effective, real-time performance in safety-critical and other applications. See 19 USC 1551a
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- day: means the time from eight o'clock antemeridian to five o'clock postmeridian. See 10 USC 7541
- debt: means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. See 20 USC 2323
- debt collector: means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. See 20 USC 2323
- Decedent: A deceased person.
- 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 one of the executive departments enumerated in section 1 of Title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government. See 20 USC 9111
- Department: means the Department of Labor. See
- 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.
- Devise: To gift property by will.
- Direct service industrial customer: means an industrial customer that contracts for the purchase of power from the Administrator for direct consumption. See 20 USC 7246
- Director: means the Director of the Office of Science and Technology Policy. See 19 USC 1551a
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Discretionary spending: Spending (budget authority and outlays)controlled in annual appropriations acts.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- distressed loan: means a loan that the borrower does not have the financial capacity to pay according to its terms and that exhibits one or more of the following characteristics:
(A) The borrower is demonstrating adverse financial and repayment trends. See 19 USC 1587
- distribution in commerce: when used to describe an action taken with respect to a chemical substance or mixture or article containing a substance or mixture mean to sell, or the sale of, the substance, mixture, or article in commerce. See 20 USC 3480
- distributor: means any person who receives automotive fuel and distributes such automotive fuel to another person other than the ultimate purchaser. See 20 USC 6613
- Docket: A log containing brief entries of court proceedings.
- Donor: The person who makes a gift.
- double criminality: means that at the time of transfer of an offender the offense for which he has been sentenced is still an offense in the transferring country and is also an offense in the receiving country. See
- electric power: means electric peaking capacity or electric energy, or both. See 20 USC 7231a
- Electric power: means electric peaking capacity, or electric energy, or both. See 20 USC 7246
- electronic data interchange system: means any established mechanism approved by the Commissioner of U. See 10 USC 7541
- electronic fund transfer: means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. See 20 USC 2393
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- electronic terminal: means an electronic device, other than a telephone operated by a consumer, through which a consumer may initiate an electronic fund transfer. See 20 USC 2393
- electronic transmission: means the transfer of data or information through an authorized electronic data interchange system consisting of, but not limited to, computer modems and computer networks. See 10 USC 7541
- eligible State: means , with respect to a fiscal year, a State that, during the 27-month period ending with the close of the 1st quarter of the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following:
(1) Outline of family assistance program
(A) General provisions
A written document that outlines how the State intends to do the following:
(i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work, and support services to enable them to leave the program and become self-sufficient. See
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- employer: includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee. See
- employer: means any business enterprise that employs--
- employment loss: means (A) an employment termination, other than a discharge for cause, voluntary departure, or retirement, (B) a layoff exceeding 6 months, or (C) a reduction in hours of work of more than 50 percent during each month of any 6-month period. See
- Energy requirements of any Pacific Northwest customer: means the full requirements for electric energy of (1) any purchaser from the United States for direct consumption in the Pacific Northwest, and (2) any non-Federal utility in that region in excess of (i) the hydroelectric energy available for its own use from its generating plants in the Pacific Northwest, and (ii) any additional energy available for use in the Pacific Northwest which, under a then existing contract, the utility (A) can obtain at no higher incremental cost than the rate charged by the United States, or (B) is required to accept. See 20 USC 7221a
- 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.
- environment: includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things. See 20 USC 3480
- 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
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- evaluation: means the administration and conduct of studies and analyses to determine the impact and value of a project or program in accomplishing the statutory objectives of this chapter. See
- 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.
- Ex officio: Literally, by virtue of one's office.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Executor: A male person named in a will to carry out the decedent
- export trade: means trade or commerce in goods, wares, merchandise, or services exported, or in the course of being exported, from the United States or any territory thereof to any foreign nation,
(2) the term "service" means intangible economic output, including, but not limited to--
(A) business, repair, and amusement services,
(B) management, legal, engineering, architectural, and other professional services, and
(C) financial, insurance, transportation, informational and any other data-based services, and communication services,
(3) the term "export trade activities" means activities or agreements in the course of export trade,
(4) the term "methods of operation" means any method by which a person conducts or proposes to conduct export trade,
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- 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.
- family preservation services: means services for children and families designed to help families (including adoptive and extended families) at risk or in crisis, including--
(A) service programs designed to help children--
(i) where safe and appropriate, return to families from which they have been removed. See 19 USC 1592a
- family support services: means community-based services designed to carry out the purposes described in subparagraph (B). See 19 USC 1592a
- farm labor contracting activity: means recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker. See
- farm labor contractor: means any person, other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or agricultural association, who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity. See
- Federal base system resources: means --
(A) the Federal Columbia River Power System hydroelectric projects. See 20 USC 7246
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Federal functional regulator: means --
(A) the Board of Governors of the Federal Reserve System. See 20 USC 9518
- Federal health care offense: means a violation of, or a criminal conspiracy to violate--
- Federal public defender: An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act. Source: U.S. Courts
- 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
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: A trustee, executor, or administrator.
- financial institution: means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person who, directly or indirectly, holds an account belonging to a consumer. See 20 USC 2393
- financial institution: means any institution the business of which is engaging in financial activities as described in section 1843(k) of title 12. See 20 USC 9518
- financial institution: means --
- fiscal year: means any 12-month period ending on September 30 of a calendar year. See
- 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.
- fishing: means --
(A) searching for, catching, taking, or harvesting fish. See 16 USC 559f
- Forbearance: A means of handling a delinquent loan. A
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- foreign commerce: as used in this title , includes commerce with a foreign country. See
- foreign government: as used in this title except in sections 112, 878, 970, 1116, and 1201, includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States. See
- 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
- foster care maintenance payments: means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, reasonable travel to the child's home for visitation, and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement. See
- franchise: includes --
(i) any contract under which a retailer or distributor (as the case may be) is authorized or permitted to occupy leased marketing premises, which premises are to be employed in connection with the sale, consignment, or distribution of motor fuel under a trademark which is owned or controlled by such refiner or by a refiner which supplies motor fuel to the distributor which authorizes or permits such occupancy. See 20 USC 6571
- franchise relationship: means the respective motor fuel marketing or distribution obligations and responsibilities of a franchisor and a franchisee which result from the marketing of motor fuel under a franchise. See 20 USC 6571
- franchisee: means a retailer or distributor (as the case may be) who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of motor fuel. See 20 USC 6571
- franchisor: means a refiner or distributor (as the case may be) who authorizes or permits, under a franchise, a retailer or distributor to use a trademark in connection with the sale, consignment, or distribution of motor fuel. See 20 USC 6571
- Fraud: Intentional deception resulting in injury to another.
- Fraud Alert: A key provision of the Fair and Accurate Credit Transactions Act of 2003 is the consumer's ability to place a fraud alert on their credit record. A consumer would use this option if they believe they were a victim of identity theft. Source: OCC
- 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
- Germane: On the subject of the pending bill or other business; a strict standard of relevance.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- global change: means changes in the global environment (including alterations in climate, land productivity, oceans or other water resources, atmospheric chemistry, and ecological systems) that may alter the capacity of the Earth to sustain life. See 16 USC 460nnn-61
- global change research: means study, monitoring, assessment, prediction, and information management activities to describe and understand--
(A) the interactive physical, chemical, and biological processes that regulate the total Earth system. See 16 USC 460nnn-61
- Governor: includes the Mayor of the District of Columbia. See
- Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
- 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.
- Great Lakes: means any of the following bodies of water: Lake Ontario (including the Saint Lawrence River from Lake Ontario to the forty-fifth parallel of latitude), Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, or Lake Superior. See 20 USC 7401
- Great Lakes State: means any of the following States: Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin. See 20 USC 7401
- 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.
- guidance: means any significant written guidance of general applicability prepared by the Administrator. See 20 USC 3480
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- health and safety study: means any study of any effect of a chemical substance or mixture on health or the environment or on both, including underlying information and epidemiological studies, studies of occupational exposure to a chemical substance or mixture, toxicological, clinical, and ecological studies of a chemical substance or mixture, and any test performed pursuant to this chapter. See 20 USC 3480
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- high-end computing: means the most advanced and capable computing systems, including their hardware, storage, networking and software, encompassing both massive computational capability and large-scale data analytics to solve computational problems of national importance that are beyond the capability of small- to medium-scale systems, including computing formerly known as high-performance computing. See 19 USC 1551a
- hospitalization: include osteopathic practitioners or the services of osteopathic practitioners and hospitals within the scope of their practice as defined by State law. See
- hovering vessel: means --
(1) any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the United States in violation of the laws of the United States. See 10 USC 7541
- import activity summary statement: refers to data or information transmitted electronically to the Customs Service, in accordance with such regulations as the Secretary prescribes, at the end of a specified period of time which enables the Customs Service to assess properly the duties, taxes and fees on merchandise imported during that period, collect accurate statistics and determine whether any other applicable requirement of law (other than a requirement relating to release from customs custody) is met. See 10 USC 7541
- imprisonment: means a penalty imposed by a court under which the individual is confined to an institution. See
- including: when used in a definition contained in this chapter shall not be deemed to exclude other things otherwise within the meaning of the term defined. See
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Indian tribe: means any Indian tribe or band which is located in whole or in part in the region and which has a governing body which is recognized by the Secretary of the Interior. See 20 USC 7246
- Indian tribe: has the meaning given the term in section 628(c) of this title. See 19 USC 1592a
- Indian tribe: means , with respect to the State of Alaska, only the Metlakatla Indian Community of the Annette Islands Reserve and the following Alaska Native regional nonprofit corporations:
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- institution of higher education: means any such institution as defined by section 1001 of title 20, subject, however, to such modifications and extensions as the Office may determine to be appropriate. See
- 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
- 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.
- interstate commerce: as used in this title , includes commerce between one State, Territory, Possession, or the District of Columbia and another State, Territory, Possession, or the District of Columbia. See
- Intestate: Dying without leaving a will.
- Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- 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.
- Juror: A person who is on the jury.
- juvenile: means --
- juvenile delinquency: means --
- lands acquired by the United States: include all lands heretofore or hereafter acquired by the United States to which the "mineral leasing laws" have not been extended, including such lands acquired under the provisions of the Act of March 1, 1911 (36 Stat. See
- Late-payment fee: The fee that will be imposed when your payment is late. Source: Federal Reserve
- law enforcement officer: means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal laws (including juvenile delinquency). See 20 USC 7013
- Lease: includes "prospecting permit" unless the context otherwise requires. See
- 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
- leased marketing premises: means marketing premises owned, leased, or in any way controlled by a franchisor and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale, consignment, or distribution of motor fuel. See 20 USC 6571
- Leasing Act minerals: shall mean all minerals which, upon August 13, 1954, are provided in the mineral leasing laws to be disposed of thereunder and all geothermal steam and associated geothermal resources which, upon the effective date of the Geothermal Steam Act of 1970, are provided in that Act to be disposed of thereunder. See
- Leasing Act minerals: shall mean all minerals which, upon August 11, 1955, are provided in the mineral leasing laws to be disposed of thereunder. See
- Leasing Act operations: shall mean operations conducted under a lease, permit, or license issued under the mineral leasing laws in or incidental to prospecting for, drilling for, mining, treating, storing, transporting, or removing Leasing Act minerals. See
- Leasing Act operator: shall mean any party who shall conduct Leasing Act operations. See
- Legacy: A gift of property made by will.
- legal guardian: means the caretaker in such a relationship. See
- legal guardianship: means a judicially created relationship between child and caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decisionmaking. See
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Licensing Area: means all waters in the Treaty Area except for--
(A) those waters subject to the jurisdiction of the United States in accordance with international law. See 16 USC 559f
- licensing period: means the period of validity of licenses issued in accordance with the Treaty. See 16 USC 559f
- lie detector: includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device (whether mechanical or electrical) that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. See
- Lien: A claim against real or personal property in satisfaction of a debt.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- lignite: shall mean coal classified as ASTM designation: D 388-38, according to the standards established in the American Society for Testing Materials on Coal and Coke under standard specifications for Classification of Coals by Rank, contained in public-land deposits considered as valuable under the coal-land classification standards established by the Secretary of the Interior and prescribed in section 30, Code of Federal Regulations, part 201. See
- Limited Area: means any area so identified in Schedule 3 of Annex I of the Treaty. See 16 USC 559f
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- loan: means a loan made to a farmer, rancher, or producer or harvester of aquatic products, for any agricultural or aquatic purpose and other credit needs of the borrower, including financing for basic processing and marketing directly related to the borrower's operations and those of other eligible farmers, ranchers, and producers or harvesters of aquatic products. See 19 USC 1587
- Magistrate judges: Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge.
- Major resource: means any resource that--
(A) has a planned capability greater than fifty average megawatts, and
(B) if acquired by the Administrator, is acquired for a period of more than five years. See 20 USC 7246
- Majority leader: see Floor Leaders
- manufacture: means to import into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States), produce, or manufacture. See 20 USC 3480
- manufacturer: means any person who imports, manufactures, or assembles motor vehicles for sale. See 20 USC 6613
- marketing premises: means , in the case of any franchise, premises which, under such franchise, are to be employed by the franchisee in connection with sale, consignment, or distribution of motor fuel. See 20 USC 6571
- Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
- mass layoff: means a reduction in force which--
- master: means the person having the command of the vessel. See 10 USC 7541
- merchandise: means goods, wares, and chattels of every description, and includes merchandise the importation of which is prohibited, and monetary instruments as defined in section 5312 of title 31. See 10 USC 7541
- Mineral leasing laws: shall mean the Act of October 20, 1914 (38 Stat. See
- mineral leasing laws: shall mean the Act of October 20, 1914 (38 Stat. See
- mineral leasing laws: shall mean the Act of February 25, 1920 (41 Stat. See
- mineral leasing laws: shall mean the Act of October 20, 1914 (38 Stat. See
- mining operations: shall mean operations under any unpatented or patented mining claim or millsite in or incidental to prospecting for, mining, treating, storing, transporting, or removing minerals other than Leasing Act minerals and any other use under any claim of right or title based upon such mining claim or millsite. See
- mining operator: shall mean any party who shall conduct mining operations. See
- minor child: means an individual who--
- Minority leader: See Floor Leaders
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
- mixture: means any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction. See 20 USC 3480
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- motor fuel: means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads, and highways. See 20 USC 6571
- motor vehicle: means any self-propelled four-wheeled vehicle, of less than 6,000 pounds gross vehicle weight, which is designed primarily for use on public streets, roads, and highways. See 20 USC 6613
- municipalities: as used in this chapter shall be construed to include the public agencies of any of them unless the context requires a different construction. See 20 USC 4305
- 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
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- national crime information databases: refers to the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index. See 20 USC 9541
- National Customs Automation Program: means the program established under section 1411 of this title. See 10 USC 7541
- neighborhood or community-based organizations: means organizations, including faith-based, that are representative of communities or significant segments of communities. See
- networking and information technology: means high-end computing, communications, and information technologies, high-capacity and high-speed networks, special purpose and experimental systems, high-end computing systems software and applications software, and the management of large data sets. See 19 USC 1551a
- new chemical substance: means any chemical substance which is not included in the chemical substance list compiled and published under section 2607(b) of this title. See 20 USC 3480
- New large single load: means any load associated with a new facility, an existing facility, or an expansion of an existing facility--
(A) which is not contracted for, or committed to, as determined by the Administrator, by a public body, cooperative, investor-owned utility, or Federal agency customer prior to September 1, 1979, and
(B) which will result in an increase in power requirements of such customer of ten average megawatts or more in any consecutive twelve-month period. See 20 USC 7246
- night: means the time from five o'clock postmeridian to eight o'clock antemeridian. See 10 USC 7541
- 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.
- non-Federal funds: means State funds, or at the option of a State, State and local funds. See 19 USC 1592a
- Non-Federal utility: means any utility not owned or controlled by the United States, including any entity (1) which such a utility owns or controls, in whole or in part, or is controlled by, (2) which is controlled by those controlling such utility, or (3) of which such utility is a member. See 20 USC 7221a
- nonaffiliated third party: means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution. See 20 USC 9518
- nonprofit organization: means a tax-exempt organization, as described in paragraph (3), (4), or (5) of section 501(c) of title 26. See
- nonpublic personal information: means personally identifiable financial information--
(i) provided by a consumer to a financial institution. See 20 USC 9518
- 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.
- offender: means a person who has been convicted of an offense or who has been adjudged to have committed an act of juvenile delinquency. See
- Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
- operator: means any person who is in charge of, directs or controls a vessel, including the owner, charterer, and master. See 16 USC 559f
- organization: means a person other than an individual. See 20 USC 9175
- other information: includes any book, paper, document, record, recording, or other material. See
- Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
- Oversight: Committee review of the activities of a Federal agency or program.
- Pacific Island Party: means a Pacific Island nation which is a party to the Treaty. See 16 USC 559f
- Pacific Northwest: means (1) the region consisting of the States of Oregon and Washington, the State of Montana west of the Continental Divide, and such portions of the States of Nevada, Utah, and Wyoming within the Columbia drainage basin and of the State of Idaho as the Secretary may determine to be within the marketing area of the Federal Columbia River power system, and (2) any contiguous areas, not in excess of seventy-five airline miles from said region, which are a part of the service area of a rural electric cooperative served by the Administrator on December 5, 1980, which has a distribution system from which it serves both within and without said region. See 20 USC 7221a
- parents: means biological or adoptive parents or legal guardians, as determined by applicable State law. See
- parole: means any form of release of an offender from imprisonment to the community by a releasing authority prior to the expiration of his sentence, subject to conditions imposed by the releasing authority and to its supervision, including a term of supervised release pursuant to section 3583. See
- participating agency: means an agency described in section 5511(a)(3)(C) of this title. See 19 USC 1551a
- 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.
- Party: means a nation which is a party to the Treaty. See 16 USC 559f
- person: means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government. See 16 USC 559f
- person: means an individual, a trust or estate, a partnership, or a corporation. See
- person: means any individual, partnership, association, joint stock company, trust, cooperative, or corporation. See
- person: shall mean any individual, corporation, partnership, or other legal entity. See
- person: includes partnerships, associations, and corporations. See 10 USC 7541
- Personal property: All property that is not real property.
- petty offense: means a Class B misdemeanor, a Class C misdemeanor, or an infraction, for which the maximum fine is no greater than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization. See 20 USC 9176
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plan: means the Regional Electric Power and Conservation plan (including any amendments thereto) adopted pursuant to this chapter and such plan shall apply to actions of the Administrator as specified in this chapter. See 20 USC 7246
- Plan: means the National Global Change Research Plan developed under section 2934 of this title, or any revision thereof. See 16 USC 460nnn-61
- plant closing: means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding any part-time employees. See
- 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.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- 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.
- Point of order: A claim made by a legislator from the floor that a rule of the legislature is being violated. If the Chair sustains the point of order, the action in violation of the rule is not permitted.
- polygraph: means an instrument that--
- population: means total resident population based on data compiled by the United States Bureau of the Census and referable to the same point or period in time. See
- potentially exposed or susceptible subpopulation: means a group of individuals within the general population identified by the Administrator who, due to either greater susceptibility or greater exposure, may be at greater risk than the general population of adverse health effects from exposure to a chemical substance or mixture, such as infants, children, pregnant women, workers, or the elderly. See 20 USC 3480
- 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
- preauthorized electronic fund transfer: means an electronic fund transfer authorized in advance to recur at substantially regular intervals. See 20 USC 2393
- Preauthorized electronic fund transfers: An EFT authorized in advance to recur at substantially regular intervals. 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.
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
- probation: means any form of a sentence under which the offender is permitted to remain at liberty under supervision and subject to conditions for the breach of which a penalty of imprisonment may be ordered executed. See
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- proceeding before an agency of the United States: means any proceeding before such an agency with respect to which it is authorized to issue subpenas and to take testimony or receive other information from witnesses under oath. See
- process: means the preparation of a chemical substance or mixture, after its manufacture, for distribution in commerce--
(A) in the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such substance or mixture, or
(B) as part of an article containing the chemical substance or mixture. See 20 USC 3480
- processor: means any person who processes a chemical substance or mixture. See 20 USC 3480
- Program: means the United States Global Change Research Program established under section 2933 of this title. See 16 USC 460nnn-61
- Program: means the Networking and Information Technology Research and Development Program described in section 5511 of this title. See 19 USC 1551a
- Program Component Areas: means the major subject areas under which related individual projects and activities carried out under the Program are grouped. See 19 USC 1551a
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- protocols and methodologies for the development of information: means a prescription of--
(i) health and environmental effects, and
(ii) information relating to toxicity, persistence, and other characteristics which affect health and the environment,
for which information for a chemical substance or mixture are to be developed and any analysis that is to be performed on such information, and
(B) to the extent necessary to assure that information respecting such effects and characteristics are reliable and adequate--
(i) the manner in which such information are 2 to be developed,
(ii) the specification of any test protocol or methodology to be employed in the development of such information, and
(iii) such other requirements as are necessary to provide such assurance. See 20 USC 3480
- providing carrier: means a local exchange or interexchange common carrier providing telephone services (other than local exchange services) to a vendor for a telephone-billed purchase that is the subject of a billing error complaint. See
- public agency: means the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States, or any unit of local government, department, agency, or instrumentality of any of the foregoing. See 20 USC 7013
- public agency: means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing. See
- Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- public safety officer: means --
(A) an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a chaplain. See 20 USC 7013
- qualified lender: means --
(A) a System institution that makes loans (as defined in paragraph (5)) except a bank for cooperatives. See 19 USC 1587
- Quorum: The number of legislators that must be present to do business.
- Quorum call: A call of the roll to establish whether a quorum is present. If any legislator "suggests the absence of a quorum," the presiding officer must direct the roll to be called.
- Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- reasonable and prudent parent standard: means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the State to participate in extracurricular, enrichment, cultural, and social activities. See
- Recess: A temporary interruption of the legislative business.
- reconciliation: means an electronic process, initiated at the request of an importer, under which the elements of an entry (other than those elements related to the admissibility of the merchandise) that are undetermined at the time the importer files or transmits the documentation or information required by section 1484(a)(1)(B) of this title, or the import activity summary statement, are provided to the Customs Service at a later time. See 10 USC 7541
- reconfigured entry: means an entry filed on an import activity summary statement which substitutes for all or part of 1 or more entries filed under section 1484(a)(1)(A) of this title or filed on a reconciliation entry that aggregates the entry elements to be reconciled under section 1484(b) of this title for purposes of liquidation, reliquidation, or protest. See 10 USC 7541
- refiner: means any person engaged in the production or importation of automotive fuel. See 20 USC 6613
- regional: means --
(A) the area consisting of the States of Oregon, Washington, and Idaho, the portion of the State of Montana west of the Continental Divide, and such portions of the States of Nevada, Utah, and Wyoming as are within the Columbia River drainage basin. See 20 USC 7246
- regulations: means , unless the context otherwise requires, regulations prescribed by the Secretary. See
- relevant geographic market area: includes a State or a standard metropolitan statistical area as periodically established by the Office of Management and Budget. See 20 USC 6571
- 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.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Renewable resource: means a resource which utilizes solar, wind, hydro, geothermal, biomass, or similar sources of energy and which either is used for electric power generation or will reduce the electric power requirements of a consumer, including by direct application. See 20 USC 7246
- 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).
- representative: means an exclusive representative of employees within the meaning of section 159(a) or 158(f) of this title or section 152 of title 45. See
- 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.
- Reserves: means the electric power needed to avert particular planning or operating shortages for the benefit of firm power customers of the Administrator and available to the Administrator (A) from resources or (B) from rights to interrupt, curtail, or otherwise withdraw, as provided by specific contract provisions, portions of the electric power supplied to customers. See 20 USC 7246
- residential load: means all usual residential, apartment, seasonal dwelling and farm electrical loads or uses, but only the first four hundred horsepower during any monthly billing period of farm irrigation and pumping for any farm. See 20 USC 7246
- Resource: means --
(A) electric power, including the actual or planned electric power capability of generating facilities, or
(B) actual or planned load reduction resulting from direct application of a renewable energy resource by a consumer, or from a conservation measure. See 20 USC 7246
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- restructuring: include rescheduling, reamortization, renewal, deferral of principal or interest, monetary concessions, and the taking of any other action to modify the terms of, or forbear on, a loan in any way that will make it probable that the operations of the borrower will become financially viable. See 19 USC 1587
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
- seasonal agricultural worker: means an individual who is employed in agricultural employment of a seasonal or other temporary nature and is not required to be absent overnight from his permanent place of residence--
- Secretary: means the Secretary of the Treasury or his delegate. See 10 USC 7541
- Secretary: means the Secretary of Energy. See 20 USC 7221a
- Secretary: means the Secretary of Energy. See 20 USC 7246
- Secretary: means the Secretary of Commerce, or the designee of the Secretary of Commerce. See 16 USC 559f
- Secretary: means the Secretary of Labor. See
- Secretary: means the Secretary of Labor. See
- Secretary: means the Secretary of the Interior, "Mineral leasing laws" shall mean the Act of October 20, 1914 (38 Stat. See
- sentence: means not only the penalty imposed but also the judgment of conviction in a criminal case or a judgment of acquittal in the same proceeding, or the adjudication of delinquency in a juvenile delinquency proceeding or dismissal of allegations of delinquency in the same proceedings. See
- Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
- Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
- Service of process: The service of writs or summonses to the appropriate party.
- 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 victim: means a victim of--
- sexually dangerous person: means a person who has engaged or attempted to engage in sexually violent conduct or child molestation and who is sexually dangerous to others. See
- sibling: means an individual who satisfies at least one of the following conditions with respect to a child:
- source material: shall mean uranium, thorium, or any other material which is determined by the Atomic Energy Commission pursuant to the provisions of section 2091 of title 42 to be source material. See
- special maritime and territorial jurisdiction of the United States: as used in this title , includes:
(1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. See 20 USC 9121
- State: means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing. See 20 USC 2323
- State: means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing. See 20 USC 2393
- State: means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. See
- State: means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States. See 20 USC 6571
- State: includes the District of Columbia. See
- State: means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States. See 20 USC 6613
- State: means each of the several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States. See 16 USC 559f
- State: includes an Indian tribe or tribal organization, in addition to the meaning given such term for purposes of subpart 1. See 19 USC 1592a
- State: when used in such subchapters (but not in subchapter XVI as in effect pursuant to such amendment after December 31, 1973) includes Puerto Rico, the Virgin Islands, and Guam. See
- State: means any of the States of the United States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and Guam. See
- State: means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands: Provided, That for the purposes of section 10156(a) of this title, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one state 1 and that for these purposes 67 per centum of the amounts allocated shall be allocated to American Samoa, and 33 per centum to the Commonwealth of the Northern Mariana Islands. See
- State: means the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa. See
- State: means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana Islands, or any other territory or possession of the United States. See 20 USC 3480
- State agency: means the State agency responsible for administering the program under subpart 1. See 19 USC 1592a
- State insurance authority: means , in the case of any person engaged in providing insurance, the State insurance authority of the State in which the person is domiciled. See 20 USC 9518
- 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.
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- suitable facility: means a facility that is suitable to provide care or treatment given the nature of the offense and the characteristics of the defendant. See
- Summons: Another word for subpoena used by the criminal justice system.
- support order: means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing State, or of the parent with whom the child is living, which provides for monetary support, health care, arrearages, or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees, and other relief. See
- Surplus energy: means electric energy generated at Federal hydroelectric plants in the Pacific Northwest which would otherwise be wasted because of the lack of a market therefor in the Pacific Northwest at any established rate. See 20 USC 7221a
- Surplus peaking capacity: means electric peaking capacity at Federal hydroelectric plants in the Pacific Northwest for which there is no demand in the Pacific Northwest at any established rate. See 20 USC 7221a
- system cost: means an estimate of all direct costs of a measure or resource over its effective life, including, if applicable, the cost of distribution and transmission to the consumer and, among other factors, waste disposal costs, end-of-cycle costs, and fuel costs (including projected increases), and such quantifiable environmental costs and benefits as the Administrator determines, on the basis of a methodology developed by the Council as part of the plan, or in the absence of the plan by the Administrator, are directly attributable to such measure or resource. See 20 USC 7246
- telephone-billed purchase: means any purchase that is completed solely as a consequence of the completion of the call or a subsequent dialing, touch tone entry, or comparable action of the caller. See
- 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.
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
- termination: includes cancellation. See 20 USC 6571
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- time-limited family reunification services: means the services and activities described in subparagraph (B) that are provided to a child that is removed from the child's home and placed in a foster family home or a child care institution and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion, but only during the 15-month period that begins on the date that the child, pursuant to section 675(5)(F) of this title, is considered to have entered foster care. See 19 USC 1592a
- 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.
- trademark: means any trademark, trade name, service mark, or other identifying symbol or name. See 20 USC 6571
- 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.
- transfer: means a transfer of an individual for the purpose of the execution in one country of a sentence imposed by the courts of another country. See
- treaty: means a treaty under which an offender sentenced in the courts of one country may be transferred to the country of which he is a citizen or national for the purpose of serving the sentence. See
- Treaty: means the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America, signed in Port Moresby, Papua New Guinea, April 2, 1987, and its Annexes, Schedules, and implementing agreements. See 16 USC 559f
- Treaty Area: means the area so described in paragraph 1(k) of Article 1 of the Treaty. See 16 USC 559f
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- tribal organization: has the meaning given the term in section 628(c) of this title. See 19 USC 1592a
- Trustee: A person or institution holding and administering property in trust.
- Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
- ultimate purchaser: means , with respect to any item, the first person who purchases such item for purposes other than resale. See 20 USC 6613
- unauthorized electronic fund transfer: means an electronic fund transfer from a consumer's account initiated by a person other than the consumer without actual authority to initiate such transfer and from which the consumer receives no benefit, but the term does not include any electronic fund transfer (A) initiated by a person other than the consumer who was furnished with the card, code, or other means of access to such consumer's account by such consumer, unless the consumer has notified the financial institution involved that transfers by such other person are no longer authorized, (B) initiated with fraudulent intent by the consumer or any person acting in concert with the consumer, or (C) which constitutes an error committed by a financial institution. See 20 USC 2393
- unit of local government: means --
- unit of local government: means any general purpose political subdivision of a State which has the power to levy taxes and spend funds, as well as general corporate and police powers. See
- United States: as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone. See 20 USC 9110
- United States: means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the District of Columbia. See
- United States: includes Alaska. See
- United States: includes all Territories and possessions of the United States except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam. See 10 USC 7541
- United States: when used in the geographic sense, means all of the States. See 20 USC 3480
- United States Section: means the United States Commissioners on the Commission. See 20 USC 7401
- Uphold: The decision of an appellate court not to reverse a lower court decision.
- uranium lease: shall mean a uranium mining lease issued by said Commission with respect to any such lands. See
- uranium lease application: shall mean an application for a uranium lease filed with said Commission with respect to lands which would be open for entry under the mining laws except for their being lands embraced within an offer, application, permit, or lease under the mineral leasing laws or lands known to be valuable for minerals leasable under those laws. See
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
- Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
- vehicle: includes every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, but does not include aircraft. See 10 USC 7541
- Venue: The geographical location in which a case is tried.
- Verdict: The decision of a petit jury or a judge.
- vessel: means any boat, ship, or other craft which is used for, equipped to be used for, or of a type normally used for commercial fishing, and which is documented under the laws of the United States. See 16 USC 559f
- vessel: includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft. See 10 USC 7541
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
- 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.
- worker organization: means a labor organization within the meaning of section 501(c)(5) of title 26. See
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.