Terms Used In Delaware Code > Title 2 > Chapter 1 - Regulation

• Advertisement: means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation, acquire any title, interest in or otherwise execute a contract as defined in this section. See Delaware Code Title 6 Sec. 2802
• 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.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Automatic renewal provision: means a provision under which a contract is renewed for a specified period of more than 1 month if the renewal causes the contract to be in effect more than 12 months after the day of the initiation of the contract and such renewal is effective unless the consumer gives notice to the seller of the consumer's intention to terminate the contract. See Delaware Code Title 6 Sec. 2731
• Business day: means any day except Sunday or a legal holiday. See Delaware Code Title 6 Sec. 2802
• Campground resort: means any tract or parcel of real property within the State on which there are at least 10 camping sites. See Delaware Code Title 6 Sec. 2802
• Clearly and conspicuously: means either that printed disclosures must be in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, or by way of a recorded audio disclosure, in a manner that clearly calls attention to the language. See Delaware Code Title 6 Sec. 2731
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comprehensive community forestry plan: is a document that describes how a government or other organization will manage the tree resources located on publicly owned lands within its jurisdiction. See Delaware Code Title 3 Sec. 1032
• Consumer: means an individual who purchases or leases merchandise primarily for personal, family or household purposes. See Delaware Code Title 6 Sec. 2731
• Contract: means any contract for the sale of merchandise or any lease. See Delaware Code Title 6 Sec. 2731
• Contract: means any written agreement of more than 1 year's duration, executed in whole or in part within the State, which grants to a purchaser a nonexclusive right or license to use the campground resort of a membership camping resort operator or any portion thereof on a first come, first serve or reservation basis together with other purchasers. See Delaware Code Title 6 Sec. 2802
• Contract agreement: means a written or oral contract or agreement between a dealer and a supplier by which the dealer is granted the right to sell their equipment and the dealer is required to order and maintain an inventory in excess of $25,000 at current net price from the supplier. See Delaware Code Title 6 Sec. 2720
• Current net price: means the price listed in the supplier's price list in effect at the time the contract agreement is terminated, less any applicable discount allowed. See Delaware Code Title 6 Sec. 2720
• Cutting operation: shall mean the cutting of timber for commercial purposes from 10 acres or more of land on which loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), pond pine (Pinus serotina) or yellow-poplar (Liriodendron tulipifera) singly or together occur and constitute 25 percent or more of the live trees on each acre. See Delaware Code Title 3 Sec. 1052
• Dealer: means a person, firm or corporation engaged in the business of selling, at retail, construction, farm, industrial or outdoor power equipment and who maintains a total inventory of new equipment and repair parts valued at $50,000 or over and provides repair service for the above-mentioned equipment. See Delaware Code Title 6 Sec. 2720
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: shall mean the Department of Agriculture. See Delaware Code Title 3 Sec. 1032
• 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.
• Diameter: shall mean the diameter outside bark of a standing tree measured 4. See Delaware Code Title 3 Sec. 1052
• Document: means :

  a. See Delaware Code Title 6 Sec. 17-101

• 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.
• Ex officio: Literally, by virtue of one's office.
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• Free to grow: shall mean to increase the stem and crown diameter, basal area, height, volume and quality of an individual tree. See Delaware Code Title 3 Sec. 1052
• 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}
• 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.
• Inventory: means the tractors, implements, attachments, equipment and repair parts that the dealer purchased from the supplier. See Delaware Code Title 6 Sec. 2720
• Landowner: shall mean any person holding title to the land or possessing the right to contract for the cutting operation thereon. See Delaware Code Title 3 Sec. 1052
• Lease: means any lease, offer to lease or attempt to lease any merchandise. See Delaware Code Title 6 Sec. 2731
• Legacy: A gift of property made by will.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local government: shall mean a municipality, county or other political subdivision of the State or any agency thereof. See Delaware Code Title 3 Sec. 1032
• Manager: means a person who is named as a manager of a limited liability company in, or designated as a manager of a limited liability company pursuant to, a limited liability company agreement or similar instrument under which the limited liability company is formed, and includes a manager of the limited liability company generally and a manager associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
• Managing entity: means a person who undertakes the duties, responsibilities and obligations of the management of a campground resort. See Delaware Code Title 6 Sec. 2802
• Merchandise: means any objects, wares, goods, commodities, intangibles, real estate or services, other than insurance. See Delaware Code Title 6 Sec. 2731
• Minority leader: See Floor Leaders
• Net cost: means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location, plus reasonable cost of assembly performed by the dealer. See Delaware Code Title 6 Sec. 2720
• 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.
• Offer: means any offer, solicitation, advertisement or inducement, to execute a contract. See Delaware Code Title 6 Sec. 2802
• Operator: means any person who is in the business of soliciting, offering, advertising or executing membership camping resort contracts. See Delaware Code Title 6 Sec. 2802
• Operator: shall mean any person, including a landowner, who conducts any cutting operation. See Delaware Code Title 3 Sec. 1052
• Operator: shall mean any person that operates or exercises control over any silvicultural activity. See Delaware Code Title 3 Sec. 1072
• outdoor power: when used to refer to tractors, implements, attachments or repair parts, have the meanings commonly used and understood among dealers and suppliers of those trades. See Delaware Code Title 6 Sec. 2720
• Owner: shall mean any person that (a) owns or leases land on which silvicultural activity occurs or (b) owns timber on land which silvicultural activity occurs. See Delaware Code Title 3 Sec. 1072
• Partner: means a limited or general partner. See Delaware Code Title 6 Sec. 17-101
• Person: means an individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership, unincorporated association, 2 or more of any of the foregoing having a joint or common interest or any other legal or commercial entity. See Delaware Code Title 6 Sec. 2731
• Person: means any individual, corporation, partnership, company, unincorporated association or any other legal entity other than a government or agency or a subdivision thereof. See Delaware Code Title 6 Sec. 2802
• Person: shall mean the State, or any county, municipality, corporation or other political subdivision of the State or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association or public or private corporation, or principal(s) in business ventures operating under more than 1 name, or any other entity. See Delaware Code Title 3 Sec. 1052
• 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
• Personal representative: means , as to a natural person, the executor, administrator, guardian, conservator or other legal representative thereof and, as to a person other than a natural person, the legal representative or successor thereof. See Delaware Code Title 6 Sec. 17-101
• Pine: shall mean any loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata) or pond pine (Pinus serotina). See Delaware Code Title 3 Sec. 1052
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pollution: shall mean such alteration of the physical, chemical or biological properties of any waters of the State resulting from sediment deposition that will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as a present or possible future source of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural or other reasonable uses. See Delaware Code Title 3 Sec. 1072
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Purchaser: means any person who enters into a contract with an operator as defined herein. See Delaware Code Title 6 Sec. 2802
• Quorum: The number of legislators that must be present to do business.
• Reciprocal program: means any arrangement under which a purchaser is permitted to use camping resort sites or facilities at 1 or more campground resorts not owned or operated by the operator with whom the purchaser has entered into a contract. See Delaware Code Title 6 Sec. 2802
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Sale: means any sale, offer for sale or attempt to sell any merchandise for cash or credit. See Delaware Code Title 6 Sec. 2731
• Salesperson: means an individual, other than an operator, who offers to sell a contract by means of a direct sales presentation, but does not include a person who merely refers a prospective purchaser to a sales person without making any direct sales presentation. See Delaware Code Title 6 Sec. 2802
• Secretary: shall mean the Secretary of Agriculture. See Delaware Code Title 3 Sec. 1032
• Secretary: shall mean the Secretary of the Department of Agriculture. See Delaware Code Title 3 Sec. 1052
• Seedling: shall mean a young pine or yellow-poplar plant less than 1 inch in diameter. See Delaware Code Title 3 Sec. 1052
• Seller: means any person engaged in commerce that sells, leases, or offers to sell or lease any merchandise to a consumer. See Delaware Code Title 6 Sec. 2731
• 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.
• Silvicultural activity: shall mean any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation. See Delaware Code Title 3 Sec. 1072
• State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Supplier: means a wholesaler, manufacturer or distributor who enters into a contract agreement with a dealer. See Delaware Code Title 6 Sec. 2720
• 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.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• timber: shall mean any tree of a currently commercially valuable species that is 6 inches or more in diameter. See Delaware Code Title 3 Sec. 1052
• 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.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Urban and community forestry: shall mean the planting, protection, care and management of trees and other related natural resources located on publicly owned lands within a city, town or municipality. See Delaware Code Title 3 Sec. 1032
• 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.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.