Terms Used In Delaware Code > Title 21 > Chapter 23 - Title and Liens

• Adverse action: means : Any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record. See Delaware Code Title 24 Sec. 3501A
• 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.
• 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.
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Authority to practice interjurisdictional telepsychology: means : a licensed psychologist's authority to practice telepsychology, within the limits authorized under this Compact, in another compact state. See Delaware Code Title 24 Sec. 3501A
• 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: shall mean the State Board of Professional Land Surveyors established in this chapter. See Delaware Code Title 24 Sec. 2702
• Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
• Bylaws: means : those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to § 3509A of this title for its governance, or for directing and controlling its actions and conduct. See Delaware Code Title 24 Sec. 3501A
• Commission: means : the national administration of which all compact states are members. See Delaware Code Title 24 Sec. 3501A
• Commissioner: means the State Bank Commissioner. See Delaware Code Title 5 Sec. 2201
• Commissioner: means : the voting representative appointed by each state psychology regulatory authority pursuant to § 3509A of this title. See Delaware Code Title 24 Sec. 3501A
• Compact state: means : a state, the District of Columbia, or United States territory that has enacted this Compact legislation and which has not withdrawn pursuant to § 3512A(c) of this title or been terminated pursuant to § 3511A(b) of this title. See Delaware Code Title 24 Sec. 3501A
• coordinated database: means : an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities. See Delaware Code Title 24 Sec. 3501A
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day: means : any part of a day in which psychological work is performed. See Delaware Code Title 24 Sec. 3501A
• Distant state: means : the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services. See Delaware Code Title 24 Sec. 3501A
• Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 2702
• Donor: The person who makes a gift.
• E-Passport: means : a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines. See Delaware Code Title 24 Sec. 3501A
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Executive Board: means : a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. See Delaware Code Title 24 Sec. 3501A
• 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.
• 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}
• 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.
• 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.
• Home state: means : a compact state where a psychologist is licensed to practice psychology. See Delaware Code Title 24 Sec. 3501A
• Identity history summary: means : a summary of information retained by the FBI, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service. See Delaware Code Title 24 Sec. 3501A
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means : authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization. See Delaware Code Title 24 Sec. 3501A
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan: means any single extension of closed end credit. See Delaware Code Title 5 Sec. 2227
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Non-compact state: means : any state which is not at the time a compact state. See Delaware Code Title 24 Sec. 3501A
• 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.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
• Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 2702
• Practice of land surveying: shall mean professional services or work involving special knowledge and application of the principles of mathematics and related sciences and the relevant requirement of law in connection with the use and development of land, as described herein:

  a. See Delaware Code Title 24 Sec. 2702

• Professional land surveyor: shall mean an individual who holds a valid license to practice land surveying under this chapter, and in addition:

  a. See Delaware Code Title 24 Sec. 2702

• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Psychologist: means : an individual licensed for the independent practice of psychology. See Delaware Code Title 24 Sec. 3501A
• Quorum: The number of legislators that must be present to do business.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Receiving state: means : a compact state where the client/patient is physically located when the telepsychological services are delivered. See Delaware Code Title 24 Sec. 3501A
• 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.
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Rule: means : a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to § 3510A of this title that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal or suspension of an existing rule. See Delaware Code Title 24 Sec. 3501A
• Seller: means a person who sells or contracts to sell goods. See Delaware Code Title 6 Sec. 2-103
• 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.
• Significant investigatory information: means either of the following:

  a. See Delaware Code Title 24 Sec. 3501A

• State: means : a state, commonwealth, territory, or possession of the United States, the District of Columbia. See Delaware Code Title 24 Sec. 3501A
• State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 2702
• State psychology regulatory authority: means : the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology. See Delaware Code Title 24 Sec. 3501A
• Statute: A law passed by a legislature.
• Telepsychology: means : the provision of psychological services using telecommunication technologies. See Delaware Code Title 24 Sec. 3501A
• Temporary authorization to practice: means : a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another compact state. See Delaware Code Title 24 Sec. 3501A
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Venue: The geographical location in which a case is tried.
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302