Terms Used In Delaware Code > Title 5 > Chapter 14 > Subchapter I - Foreign Bank Branches, Foreign Bank Limited Purpose Branches and Foreign Bank Agencies

• Action: shall include nonaction or the failure to take action. See Delaware Code Title 16 Sec. 6810
• 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.
• 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.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authorized agencies: shall mean :

  a. See Delaware Code Title 16 Sec. 6810

• Board: shall mean the Enhanced 911 Emergency Reporting System Service Board. See Delaware Code Title 16 Sec. 10102
• Board: means the Delaware Health Information Network Board of Directors. See Delaware Code Title 16 Sec. 10312
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Claims data: includes required claims data and additional health-care claims information that a voluntary reporting entity may elect, through entry into an appropriate data submission and use agreement under this subchapter, to submit to the Delaware Health Care Claims Database. See Delaware Code Title 16 Sec. 10312
• Construction: means the first complete building or rebuilding of a highway after it has been converted into a state highway upon a modern engineering design with a permanent foundation of cement, concrete or other equally hard and permanent material and a top dressing of suitable material to economically withstand the wear of the particular traffic to which such highway will probably be subject with an adequate drainage system so that such highway, with reasonable maintenance, can reasonably be expected to endure for upwards of 40 years. See Delaware Code Title 17 Sec. 101
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Crossing: shall include a bridge or bridges over the Delaware River or a tube or tubes under said River and all approaches thereto and approach highways and all other buildings or structures connected with any such bridge or tube and all equipment essential to the operation thereof and also all property rights, easements and franchises relating thereto and deemed necessary or convenient for the construction or operation thereof and may include any elevated or depressed highways connecting any such bridge or tube with a state road. See Delaware Code Title 17 Sec. 401
• 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.
• Department: means the Department of Transportation established under this title, or if said Department shall be abolished, any board, commission or officer succeeding to the principal functions thereof, or to whom the powers given by this chapter to said Department shall be given by law. See Delaware Code Title 17 Sec. 401
• Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 101
• Dependent: A person dependent for support upon another.
• DHIN: means the Delaware Health Information Network. See Delaware Code Title 16 Sec. 10312
• Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
• Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
• dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
• 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}
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• 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.
• 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}
• Fund: shall mean the 911 Emergency Reporting System Fund created by this chapter. See Delaware Code Title 16 Sec. 10102
• 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.
• Health insurer: means as defined in § 4004 of Title 18. See Delaware Code Title 16 Sec. 10312
• Health-care services: means as defined in § 6403 of Title 18. See Delaware Code Title 16 Sec. 10312
• highway: include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. See Delaware Code Title 17 Sec. 101
• Immune: shall mean that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this subchapter where actual malice on the part of the insurance company or authorized agency against the insured is not present. See Delaware Code Title 16 Sec. 6810
• insurance company: includes the Insurance Placement Facility of Delaware (FAIR Plan). See Delaware Code Title 16 Sec. 6810
• 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.
• 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.
• Mandatory reporting entity: means each of the following entities, to the extent permitted under federal law:

  a. See Delaware Code Title 16 Sec. 10312

• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• nonprofit sports program: means any program (whether or not it is registered with or recognized by the State or any political subdivision of the State):

  a. See Delaware Code Title 16 Sec. 6835

• 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.
• Personal property: All property that is not real property.
• 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.
• Pricing information: includes all of the following:

  a. See Delaware Code Title 16 Sec. 10312

• Provider: includes a hospital or health-care practitioner participating in a group arrangement, including an accountable care organization, in which the hospital or health-care practitioner agrees to assume responsibility for the quality and cost of health care for a designed group of beneficiaries. See Delaware Code Title 16 Sec. 10312
• Quorum: The number of legislators that must be present to do business.
• Railroad: means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. See Delaware Code Title 17 Sec. 101
• 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.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Relevant: shall mean information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence. See Delaware Code Title 16 Sec. 6810
• 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.
• Reporting date: means a calendar deadline that is scheduled on a regularly recurring basis, by which a mandatory reporting entity must submit required claims data to the Delaware Health Care Claims Database. See Delaware Code Title 16 Sec. 10312
• Required claims data: includes the basic claims information that a mandatory reporting entity must submit to the Delaware Health Care Claims Database by the reporting date, including all of the following:

  a. See Delaware Code Title 16 Sec. 10312

• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Secretary: shall mean the Secretary of the Department of Safety and Homeland Security. See Delaware Code Title 16 Sec. 10102
• Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
• Secretary: means the Secretary of Transportation. See Delaware Code Title 17 Sec. 101
• Service of process: The service of writs or summonses to the appropriate party.
• sponsor: means any person or entity which provides financial support to a civic organization through contributions, gifts or payment of dues. See Delaware Code Title 16 Sec. 6840
• State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
• State highway: includes any road or highway or portion thereof which the Department has constructed or of which the Department has taken or assumed control or jurisdiction. See Delaware Code Title 17 Sec. 101
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• System: shall mean a 911-Enhanced Emergency Reporting System. See Delaware Code Title 16 Sec. 10102
• Testify: Answer questions in court.
• Third-party administrator: means as defined in § 102 of Title 18. See Delaware Code Title 16 Sec. 10312
• 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
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Voluntary reporting entity: includes , except as prohibited under applicable federal law, any of the following entities, unless the entity is a mandatory reporting entity:

  a. See Delaware Code Title 16 Sec. 10312

• Wholesale services: shall mean services that a provider furnishes to another provider, rather than to end-use customers. See Delaware Code Title 16 Sec. 10102
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302