Sections
Subchapter I General Provisions 9001
Subchapter II Effectuation 9022 – 9027

Terms Used In Delaware Code > Title 3 > Chapter 90

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • 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.
  • 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.
  • Appraisal: A determination of property value.
  • 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.
  • 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.
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • comprehensive development plan: shall mean , from and after the respective dates by which the counties must be in compliance with this subchapter, a plan that meets the requirements of this subchapter. See Delaware Code Title 9 Sec. 6952
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Coordination: as used in this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common end or purpose. See Delaware Code Title 9 Sec. 4952
  • Coordination: as used in this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common end or purpose. See Delaware Code Title 9 Sec. 6952
  • County: means Kent County. See Delaware Code Title 9 Sec. 4952
  • County: means Sussex County. See Delaware Code Title 9 Sec. 6952
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Development: means any construction or reconstruction of any new or existing commercial or residential building(s) or structure(s) upon lands which are not owned by the State or its agencies or its political subdivisions, or are not within the jurisdictional control of the State or its agencies or its political subdivisions. See Delaware Code Title 9 Sec. 4952
  • Development: means any construction or reconstruction of any new or existing commercial or residential building(s) or structure(s) upon lands which are not owned by the State or its agencies or its political subdivisions, or are not within the jurisdictional control of the State or its agencies or its political subdivisions. See Delaware Code Title 9 Sec. 6952
  • Development order: means any order granting, denying or granting with conditions an application for a development permit. See Delaware Code Title 9 Sec. 4952
  • Development order: means any order granting, denying or granting with conditions an application for a development permit. See Delaware Code Title 9 Sec. 6952
  • Development permit: includes any building permit, zoning permit, subdivision approval, rezoning, certificate of occupancy, special exception, variance or any other official action of local government having the effect of permitting the development of land. See Delaware Code Title 9 Sec. 4952
  • Development permit: includes any building permit, zoning permit, subdivision approval, rezoning, certificate of occupancy, special exception, variance or any other official action of local government having the effect of permitting the development of land. See Delaware Code Title 9 Sec. 6952
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • dollars: means lawful money of the United States. See Delaware Code Title 6 Sec. 4307
  • Donor: The person who makes a gift.
  • 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
  • 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.
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Garbage: means residential garbage and trash to the exclusion of commercial and industrial refuse. See Delaware Code Title 9 Sec. 4720
  • Garbage collection district: means an area in Kent County outside of the limits of any incorporated municipality, within ascertainable boundaries, and which is in the opinion of the county government susceptible of efficient and economical garbage collection pursuant to the procedures of this subchapter. See Delaware Code Title 9 Sec. 4720
  • Garbage collection unit: means each improved parcel of real estate located within the boundaries of a garbage collection district and either used or intended for residential purposes. See Delaware Code Title 9 Sec. 4720
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the chief governing body of county government, however designated, or the combination of such bodies where joint utilization of the provision of this subchapter is accomplished as provided herein. See Delaware Code Title 9 Sec. 4952
  • Governing body: means the chief governing body of county government, however designated, or the combination of such bodies where joint utilization of the provision of this subchapter is accomplished as provided herein. See Delaware Code Title 9 Sec. 6952
  • 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.
  • 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.
  • Land: means the earth, water and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land. See Delaware Code Title 9 Sec. 4952
  • Land: means the earth, water and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land. See Delaware Code Title 9 Sec. 6952
  • Land development regulations: means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any county government zoning, rezoning, subdivision, building construction or sign regulations or any other regulations controlling the development of land. See Delaware Code Title 9 Sec. 4952
  • Land development regulations: means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any county government zoning, rezoning, subdivision, building construction or sign regulations or any other regulations controlling the development of land. See Delaware Code Title 9 Sec. 6952
  • Land use: means the development that has occurred on the land, the development that is proposed by a developer on the land or the use that is permitted or permissible on the land under an adopted comprehensive plan. See Delaware Code Title 9 Sec. 4952
  • Land use: means the development that has occurred on the land, the development that is proposed by a developer on the land or the use that is permitted or permissible on the land under an adopted comprehensive plan. See Delaware Code Title 9 Sec. 6952
  • 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
  • Local government: means any municipality. See Delaware Code Title 9 Sec. 4952
  • Local government: means any municipality. See Delaware Code Title 9 Sec. 6952
  • Local planning agency: means the agency designated to prepare the comprehensive plan required by this subchapter. See Delaware Code Title 9 Sec. 4952
  • Local planning agency: means the agency designated to prepare the comprehensive plan required by this subchapter. See Delaware Code Title 9 Sec. 6952
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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
  • newspaper of general circulation: means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices or a newspaper that is given away primarily to distribute advertising. See Delaware Code Title 9 Sec. 4952
  • Nonconforming structure: means a structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning regulation or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or code or amendment by reason of its location. See Delaware Code Title 9 Sec. 6901
  • 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.
  • Person: means an individual, corporation, governmental agency, statutory trust, business trust, estate/trust, partnership, association, 2 or more persons having a joint or common interest or any other legal entity. See Delaware Code Title 9 Sec. 4952
  • Person: means an individual, corporation, governmental agency, statutory trust, business trust, estate/trust, partnership, association, 2 or more persons having a joint or common interest or any other legal entity. See Delaware Code Title 9 Sec. 6952
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Public facilities: means major capital improvements over which the County has jurisdiction. See Delaware Code Title 9 Sec. 4952
  • Public facilities: means major capital improvements over which the County has jurisdiction. See Delaware Code Title 9 Sec. 6952
  • public meeting: means publication of notice of the time, place and purpose of such hearing at least twice in a newspaper of general circulation in the area. See Delaware Code Title 9 Sec. 4952
  • public meeting: means publication of notice of the time, place and purpose of such hearing at least twice in a newspaper of general circulation in the area. See Delaware Code Title 9 Sec. 6952
  • Quorum: The number of legislators that must be present to do business.
  • 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.
  • 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.
  • structure: includes the word "building. See Delaware Code Title 9 Sec. 6901
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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.
  • 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.
  • 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.