Terms Used In Delaware Code > Title 12 > Chapter 61 - Delaware Uniform Principal and Income Act

• Account: means an individual account, a trust account or a savings account established in accordance with this subchapter. See Delaware Code Title 14 Sec. 3485
• Account owner: means the individual, individuals, or the trustee of a trust identified at the time the account is opened as having the right to withdraw funds from the account. See Delaware Code Title 14 Sec. 3485
• adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
• Agency: means the Division of Child Support Services of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders. See Delaware Code Title 13 Sec. 401
• Alleged father: means as defined in § 8-102 of this title. See Delaware Code Title 13 Sec. 1101
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Ballot: means those portions of cardboard, paper or other material to be placed within the ballot frames of a voting machine or to be used for absentee voting in order to list the names of the offices to be voted for, the name of each candidate and the designation of the party by which the candidate is nominated, a space for the voter to write in the name of any candidate of that voter's choice for any office, and the statement of any question submitted with provision for a "yes" or "no" vote. See Delaware Code Title 15 Sec. 101
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the Plans Management Board pursuant to § 2722 of Title 29. See Delaware Code Title 14 Sec. 3485
• Board: means that body of individuals appointed by the Governor and confirmed by the Senate to serve or who otherwise serve as the State Board of Elections in accordance with Chapter 2 of this title, and are, as such, vested with the responsibility and power to see to the administration of the election laws of this State as more particularly defined in this title. See Delaware Code Title 15 Sec. 101
• 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.
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is alleged to be the beneficiary of a support order directed to the parent. See Delaware Code Title 13 Sec. 401
• Child: means as defined in § 302 of Title 1. See Delaware Code Title 13 Sec. 1101
• Civil union: means a legal union between 2 individuals of the same sex established pursuant to this chapter. See Delaware Code Title 13 Sec. 201
• 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.
• 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.
• Court: means the Family Court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders. See Delaware Code Title 13 Sec. 401
• Court: means the Family Court of the State of Delaware. See Delaware Code Title 13 Sec. 1101
• Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Delinquent child: means as defined in § 901 of Title 10. See Delaware Code Title 13 Sec. 1101
• Department: means the State Department of Elections, consisting of the State Board of Elections and such staff as the Board shall appoint under this title, but shall not include the State Election Commissioner. See Delaware Code Title 15 Sec. 101
• 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.
• Designated beneficiary: means , except as provided in § 3490 of this title, the individual designated at the time the account is opened as having the right to receive a qualified withdrawal for the payment of qualified education expenses or, if such designated beneficiary is replaced in accordance with § 3490 of this title, such replacement. See Delaware Code Title 14 Sec. 3485
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Donor: The person who makes a gift.
• DSCYF: means the Department of Services for Children, Youth and Their Families of this State. See Delaware Code Title 13 Sec. 1101
• Election officers: means the inspector of election, the 2 judges of election and the clerks of election who are appointed for each election district under § 4702 of this title. See Delaware Code Title 15 Sec. 101
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Father: means an individual who has established a father-child relationship under § 8-201(b) of this title. See Delaware Code Title 13 Sec. 1101
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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.
• Income: means income as defined in § 513(b)(5) of this title. See Delaware Code Title 13 Sec. 401
• Individual: means a human being. See Delaware Code Title 13 Sec. 1101
• Infant: means a child who is less than 6 months old. See Delaware Code Title 13 Sec. 1101
• Inter vivos: Transfer of property from one living person to another living person.
• Jurisdiction: means any state, as that term is defined in § 6-102 of this title, or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See Delaware Code Title 13 Sec. 401
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legatee: A beneficiary of a decedent
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed agency: means an agency to which the Delaware Department of Education, Office of Child Care Licensing has granted a license to place children for adoption. See Delaware Code Title 13 Sec. 1101
• Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Mother: means an individual who has established a mother-child relationship under § 8-201(a) of this title. See Delaware Code Title 13 Sec. 1101
• neglected child: means as defined in § 901 of Title 10. See Delaware Code Title 13 Sec. 1101
• Nonqualified withdrawal: means a withdrawal from an account that is not:

  a. See Delaware Code Title 14 Sec. 3485

• Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
• Oath: A promise to tell the truth.
• Obligee: means :

  a. See Delaware Code Title 13 Sec. 401

• Obligor: means an individual, or the estate of a decedent:

  a. See Delaware Code Title 13 Sec. 401

• Parent: means as defined in § 8-102 of this title. See Delaware Code Title 13 Sec. 1101
• Parental responsibilities: means the care or support of a child in a manner that does both of the following:

  a. See Delaware Code Title 13 Sec. 1101

• 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 party in a termination of parental rights proceeding under this chapter. See Delaware Code Title 13 Sec. 1101
• Party: means the respondent, petitioner, guardian, conservator, or any other person allowed by the Court to participate in a guardianship or protective proceeding. See Delaware Code Title 12 Sec. 39A-101
• party to a civil union: means an individual who is a party to a civil union established pursuant to this chapter. See Delaware Code Title 13 Sec. 201
• Personal property: All property that is not real property.
• Petitioner: means a petitioner in a termination of parental rights proceeding under this chapter. See Delaware Code Title 13 Sec. 1101
• Plan: means the DE529 Education Savings Plan established by this subchapter. See Delaware Code Title 14 Sec. 3485
• political party: means any political organization which elects a state committee and officers of a state committee, by a state convention composed of delegates elected from each representative district in which the party has registered members, and which nominates candidates for electors of President and Vice-President, or nominates candidates for offices to be decided at the general election. See Delaware Code Title 15 Sec. 101
• Presumed father: means as defined in § 8-102 of this title. See Delaware Code Title 13 Sec. 1101
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Qualified education expenses: means tuition and other permitted expenses as set forth in 26 U. See Delaware Code Title 14 Sec. 3485
• Qualified withdrawal: means a withdrawal from an account to pay the qualified education expenses of the designated beneficiary, but only if the withdrawal is made in accordance with the requirements of the Plan. See Delaware Code Title 14 Sec. 3485
• Question: means any proposition or other question to be submitted to the voters. See Delaware Code Title 15 Sec. 101
• Relative: means as defined in § 901 of Title 10. See Delaware Code Title 13 Sec. 1101
• 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.
• Respondent: means a respondent in a termination of parental rights proceeding under this chapter. See Delaware Code Title 13 Sec. 1101
• 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.
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
• 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.
• 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, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees and other relief. See Delaware Code Title 13 Sec. 401
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Trust: means a trust which is revocable or irrevocable and which has at least 1 individual as its current beneficiary. See Delaware Code Title 14 Sec. 3485
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302