Terms Used In Delaware Code > Title 23 > Chapter 1 - Pilots

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Aesthetician: is a n individual who practices any of the following:

  a. See Delaware Code Title 24 Sec. 5101

• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• AIT: shall mean an individual who is registered with the Board to obtain the experience for licensure under the direct supervision of a preceptor. See Delaware Code Title 24 Sec. 5202
• 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.
• 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.
• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Board: means the state Board of Cosmetology and Barbering under this chapter. See Delaware Code Title 24 Sec. 5101
• Board: shall mean the State Board of Examiners of Nursing Home Administrators established in this chapter. See Delaware Code Title 24 Sec. 5202
• Board: shall mean the State Board of Massage and Bodywork established in this chapter. See Delaware Code Title 24 Sec. 5302
• Bonds: means any bonds, interim certificates, notes, debentures or other obligations of a company issued under this chapter. See Delaware Code Title 22 Sec. 1302
• Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commissioner: means the State Bank Commissioner. See Delaware Code Title 5 Sec. 2701
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contracting municipality: means a municipality which contracts to establish an electric company under this chapter. See Delaware Code Title 22 Sec. 1302
• Conviction: A judgement of guilt against a criminal defendant.
• Cosmetologist: means any person licensed under this chapter who is not an apprentice or student practicing cosmetology, who shall have the qualifications provided for by this chapter. See Delaware Code Title 24 Sec. 5101
• Cosmetology: means performing any of the following services for compensation:

  a. See Delaware Code Title 24 Sec. 5101

• Counterclaim: A claim that a defendant makes against a plaintiff.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Direct supervision: shall mean oversight on the premises of a nursing home. See Delaware Code Title 24 Sec. 5202
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Delaware Division of Professional Regulation. See Delaware Code Title 24 Sec. 5101
• Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 5202
• Division: shall mean the Division of Professional Regulation of the Department of State of Delaware. See Delaware Code Title 24 Sec. 5302
• Dower: A widow
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• 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.
• 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.
• In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
• Income: means all income from whatever source derived including, but not limited to, realized capital gains and, in their entirety, pension, annuity, retirement and social security benefits. See Delaware Code Title 22 Sec. 1001
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Instructor: means any person who teaches cosmetology, barbering, electrology or nail technology. See Delaware Code Title 24 Sec. 5101
• 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.
• 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.
• Licensee: means a licensed casher of checks, drafts or money orders. See Delaware Code Title 5 Sec. 2701
• Lien: A claim against real or personal property in satisfaction of a debt.
• Massage and bodywork therapist: shall mean a person who represents himself or herself to the public by any title or description of services incorporating the words "bodywork" "massage" "massage therapist" "massage therapy" "massage practitioner" "massagist" "masseur" "masseuse" or who engages in the practice of massage and bodywork for a fee, monetary or otherwise. See Delaware Code Title 24 Sec. 5302
• Massage establishment: means any place of business that offers the practice of massage and bodywork and where the practice of massage and bodywork is conducted on the premises of the business, or that represents itself to the public by any title or description of services incorporating the words "bodywork" "massage" "massage therapy" "massage practitioner" "massagist" "masseur" "masseuse" or other words identified by the Board in regulation. See Delaware Code Title 24 Sec. 5302
• Massage technician: shall mean a person, who is certified with the Board to perform certain functions within the practice of massage therapy, and who is authorized by the Board to use any title or description of services incorporating the words "bodywork" "massage" "massage practitioner" "massagist" "masseur" "masseuse" or "certified massage technician " but shall be prohibited from using the words "therapist" or "therapy. See Delaware Code Title 24 Sec. 5302
• Mobile unit: means any vehicle or other movable means from which the business of cashing checks, drafts or money orders is to be conducted. See Delaware Code Title 5 Sec. 2701
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipal electric company: means a public corporation created by contract between 2 or more municipalities under this chapter. See Delaware Code Title 22 Sec. 1302
• Municipality: means any incorporated town or city of this State. See Delaware Code Title 22 Sec. 1001
• Municipality: means a city or town. See Delaware Code Title 22 Sec. 1302
• Nursing home: shall mean any licensed residential health facility for aged, infirm, chronically ill or convalescent persons, excluding neighborhood homes and group homes licensed by the Division of Health Care Quality, that provides shelter and food to more than 4 persons who:

  a. See Delaware Code Title 24 Sec. 5202

• Nursing home administrator: shall mean the individual licensed under this chapter to practice nursing home administration. See Delaware Code Title 24 Sec. 5202
• 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, a public agency, cooperative or private corporation, association, firm, statutory trust, partnership or business trust of any nature whatsoever, organized and existing under the laws of any state or of the United States. See Delaware Code Title 22 Sec. 1302
• Person: means a corporation, company, association or partnership, as well as an individual. See Delaware Code Title 24 Sec. 5101
• Person: shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, and any other legal entity and includes a legal successor of those entities. See Delaware Code Title 24 Sec. 5202
• Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 5302
• Personal property: All property that is not real property.
• place of business: includes any office, clinic, facility, salon, spa, or other location where a person or persons engage in the practice of massage and bodywork. See Delaware Code Title 24 Sec. 5302
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Practice of massage and bodywork: shall mean a system of structured touch applied to the superficial or deep tissue, muscle, or connective tissue, by applying pressure with manual means. See Delaware Code Title 24 Sec. 5302
• Practice of nursing home administration: shall mean the performance of any act or the making of any decision involved in the planning, organizing, directing, or controlling of the operations of a nursing home, whether or not such acts are performed, or decisions made, by 1 or more persons. See Delaware Code Title 24 Sec. 5202
• Preceptor: shall mean a state-licensed nursing home administrator who is qualified under this chapter and approved by the Board to exercise direct supervision of a registered nursing home administrator-in-training. See Delaware Code Title 24 Sec. 5202
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional-in-charge: means a licensee who is responsible for the operation of a massage establishment, including ensuring that all employees are licensed, where required by law. See Delaware Code Title 24 Sec. 5302
• Project: means any plant, works, system, facilities and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, used or useful in the generation, production, transmission, distribution, purchase, sale, exchange or interchange of electric power and energy, or any interest therein or right to capacity thereof and the acquisition of fuel of any kind for any such purposes, including, but not limited to, the acquisition of fuel deposits and the acquisition or construction and operation of facilities for extracting fuel from natural deposits, for converting it for use in another form, for burning it in place, for transportation, storage and reprocessing or for any energy conservation measure which involves public education or the actual fitting and application of a device. See Delaware Code Title 22 Sec. 1302
• Public agency: means any municipality or other municipal corporation, political subdivision, government unit or public corporation created under the laws of this State or of another state or of the United States, and any state or the United States, and any person, board or other body declared by the laws of any state or the United States to be a department, agency or instrumentality thereof. See Delaware Code Title 22 Sec. 1302
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• real property: 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.
• 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.
• Resident: means one legally domiciled within the municipality for the period required by this chapter. See Delaware Code Title 22 Sec. 1001
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Seller: means a person who sells or contracts to sell goods. See Delaware Code Title 6 Sec. 2-103
• 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 the State of Delaware. See Delaware Code Title 24 Sec. 5101
• State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 5202
• State: means any state of the United States, the District of Columbia, Puerto Rico, the U. See Delaware Code Title 24 Sec. 5302
• Statute: A law passed by a legislature.
• Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to cosmetology, barbering, electrology, nail technology or aesthetics. See Delaware Code Title 24 Sec. 5101
• Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of massage and bodywork. See Delaware Code Title 24 Sec. 5302
• Summons: Another word for subpoena used by the criminal justice system.
• this State: means the State of Delaware. See Delaware Code Title 24 Sec. 5302
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.