Terms Used In Delaware Code > Title 6 > Article 2 > Part 3 - General Obligation and Construction of Contract

• 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.
• Amortization: Paying off a loan by regular installments.
• 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.
• Applicant: means any person, individual, natural person who seeks to become licensed as a manufactured housing installer. See Delaware Code Title 24 Sec. 4403
• Appraisal: A determination of property value.
• Appraisal: shall mean an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate as of a specific date. See Delaware Code Title 24 Sec. 4002
• Appraisal management company: means a corporation, partnership, sole proprietorship, subsidiary or other business entity that directly or indirectly performs appraisal management services, regardless of the use of the term "appraisal management company" "mortgage technology provider" "lender processing services" "lender services" "loan processor" "mortgage services" "real estate closing services provider" "settlement services provider" "vendor management company" or any other term, and that does any of the following:

  a. See Delaware Code Title 24 Sec. 4002

• Appraisal management services: means the process of receiving a request for the performance of real property appraisal services from a client, and for a fee paid by the client, entering into an agreement with 1 or more independent appraisers who are part of an appraiser panel to perform the real property appraisal services contained in the request. See Delaware Code Title 24 Sec. 4002
• Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment, but does not include an examination of an appraisal for grammatical, typographical or other similar errors that do not communicate an opinion related to the appraiser's data collection, analysis, opinions, conclusions, estimate of value or compliance with the Uniform Standards of Professional Appraisal Practice. See Delaware Code Title 24 Sec. 4002
• Appraiser panel: means a group of independent appraisers that has been selected by an appraisal management company to perform real property appraisal services for the appraisal management company. See Delaware Code Title 24 Sec. 4002
• Apprentice: means any person who is engaged in the learning of any or all the practices of cosmetology, barbering, nail technology or electrology from a practitioner licensed in the profession the apprentice is studying. See Delaware Code Title 24 Sec. 5101
• 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
• Approval decal: means the decal approved by and purchased from the Board on which an installer shall inscribe the date of setup, the name of the installer, and the number of the installer's license. See Delaware Code Title 24 Sec. 4403
• AQB: shall mean the Appraisal Qualifications Board appointed by the Appraisal Foundation to establish the minimum education, examination, and experience requirements for real estate appraisers providing appraisals in federally-related transactions. See Delaware Code Title 24 Sec. 4002
• 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-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Audiologist: shall mean a person who is licensed to practice audiology pursuant to this act and who offers such services to the public under any title or description of services incorporating the words "audiologist" "hearing clinician" "hearing therapist" "aural rehabilitator" or any other similar title or description of service. See Delaware Code Title 24 Sec. 3702
• Audiology aide: shall mean a person who is certified by the Council of Accreditation of Occupational Hearing Conservationists, or its equivalent, and whose supervising licensed audiologist annually shall register such person with the Board. See Delaware Code Title 24 Sec. 3702
• Authorized inspection agency: means a state, county, or municipal administrative department or agency, or other instrumentality of the State of Delaware, that has been assigned the function of inspecting manufactured home installations to ensure compliance with this chapter and the Board's rules and regulations or inspectors hired by the State, county or municipal administrative department or agency on a contract basis to perform inspections. See Delaware Code Title 24 Sec. 4403
• 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.
• Barber: means any person licensed under this chapter who, for a monetary consideration, shaves or trims beards, cuts or dresses hair, gives facial or scalp massages, or treats beards or scalps with preparations made for this purpose. See Delaware Code Title 24 Sec. 5101
• Board: shall mean the State Board of Examiners of Psychologists established in this chapter. See Delaware Code Title 24 Sec. 3502
• Board: shall mean the State Board of Geologists established in this chapter. See Delaware Code Title 24 Sec. 3602
• Board: shall mean the State Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers established in this chapter. See Delaware Code Title 24 Sec. 3702
• Board: shall mean the State Board of Home Inspectors established in this chapter. See Delaware Code Title 24 Sec. 4102
• Board: means the Manufactured Home Installation Board. See Delaware Code Title 24 Sec. 4403
• 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
• Broker: means any individual who holds a broker license from the Delaware Real Estate Commission and who for a compensation or valuable consideration, is self-employed or is employed directly or indirectly by a brokerage organization to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, sale, or exchange of real estate, or to lease or rent or offer for rent any real estate, or to negotiate leases or rental agreements thereof or of the improvements thereon for others. See Delaware Code Title 25 Sec. 2602
• Brokerage agreement: means any written agreement for the payment for brokerage services of a broker for the management, sale, purchase, lease, or other conveyance or acquisition of commercial real estate. See Delaware Code Title 25 Sec. 2602
• Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• 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.
• Commercial real estate: means any estate or interest owned in:

  a. See Delaware Code Title 25 Sec. 2602

• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• 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.
• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Delaware Code Title 6 Sec. 2-106
• Controlling person: means any of the following:

  a. See Delaware Code Title 24 Sec. 4002

• Conversion therapy: means any practice or treatment that seeks to change an individual's sexual orientation or gender identity, as "sexual orientation" and "gender identity" are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. See Delaware Code Title 24 Sec. 3502
• conveying: means a sale, lease, exchange, or other transfer of any estate or interest in commercial real estate. See Delaware Code Title 25 Sec. 2602
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• 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

• Cosmetology shop: means any place or part thereof wherein cosmetology, barbering, electrology, nail technology, aesthetics, or any of their practices, are performed for compensation, whether or not the establishment holds itself out as a cosmetology shop. See Delaware Code Title 24 Sec. 5101
• Council: shall mean the State Council on Real Estate Appraisers established in this chapter. See Delaware Code Title 24 Sec. 4002
• 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.
• Decedent: A deceased person.
• 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.
• Devise: To gift property by will.
• 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: shall mean the state Division of Professional Regulation. See Delaware Code Title 24 Sec. 3702
• Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 4002
• Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 4102
• Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 4403
• 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
• Docket: A log containing brief entries of court proceedings.
• dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Dower: A widow
• Electrologist: means any person licensed under this chapter who, for a monetary consideration, engages in the removal of superfluous hair by use of specially designed electric needles. See Delaware Code Title 24 Sec. 5101
• Electronic mail: means communication delivered by electronic means as set forth in § 107(a)(1)a. See Delaware Code Title 25 Sec. 4902
• 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}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Excessive use or abuse of drugs: shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the person's ability to perform the work of a psychologist. See Delaware Code Title 24 Sec. 3502
• Excessive use or abuse of drugs: shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs a person's ability to perform the work of a geologist. See Delaware Code Title 24 Sec. 3602
• Excessive use or abuse of drugs: shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed practitioner, or the abuse of alcoholic beverage such that it impairs the ability to perform the work of an appraiser. See Delaware Code Title 24 Sec. 4002
• Excessive use or abuse of drugs: shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed practitioner, or the abuse of alcoholic beverage such that it impairs the ability to perform the work of a home inspector. See Delaware Code Title 24 Sec. 4102
• Executor: A male person named in a will to carry out the decedent
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Geologist: shall mean a person who is qualified to practice professional geology including specialists in its various subdisciplines. See Delaware Code Title 24 Sec. 3602
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
• Grantor: includes every person by whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Hearing aid: shall mean any personal, wearable instrument or device designed for, offered for the purpose of, or represented as, aiding persons with, or compensating for, impaired hearing. See Delaware Code Title 24 Sec. 3702
• Hearing aid dispenser: shall mean a person licensed to dispense hearing aids pursuant to this Act and who is engaged in the evaluation or measurement of the power or range of human hearing by means of an audiometer or any other means devised for the purpose of selecting, adapting and distributing or selling of hearing aids. See Delaware Code Title 24 Sec. 3702
• Home: shall mean any residential property, or manufactured or modular home, which is a single-family dwelling, duplex, triplex, quadruplex, condominium unit, or cooperative unit. See Delaware Code Title 24 Sec. 4102
• Home inspection: shall mean a visual analysis for the purposes of providing a written professional opinion of the condition of a building and its carports and garages, any reasonably accessible installed components and the operation of the building systems, including the controls normally operated by the owner, for the following components of a residential building of 4 units or fewer: heating system; electrical system; cooling system; plumbing system; structural components; foundation; roof covering; exterior and interior components; and site aspects as they affect the building. See Delaware Code Title 24 Sec. 4102
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Installation: means the assembly of manufactured homes on site and the process of affixing manufactured homes to the land by the use of a foundation, footings, utilities, or to an existing building. See Delaware Code Title 24 Sec. 4403
• Installation instructions: means written instructions provided by the manufacturer in the installation manual, or equivalent, which accompanies each manufactured home when it leaves the factory, and that detail the manufacturers requirements for ground support, anchoring systems, and other work to be completed on site during the installation process. See Delaware Code Title 24 Sec. 4403
• Installer: means any person who is engaged in the business of performing manufactured housing installations as they are defined above. See Delaware Code Title 24 Sec. 4403
• Instructor: means any person who teaches cosmetology, barbering, electrology or nail technology. See Delaware Code Title 24 Sec. 5101
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intestate: Dying without leaving a will.
• 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.
• Knowledge: means a person's actual knowledge of a fact, rather than the person's constructive knowledge of the fact. See Delaware Code Title 6 Sec. 17-101
• Last-known address: means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. See Delaware Code Title 25 Sec. 4902
• 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.
• Licensed home inspector: shall mean a person, who has met the licensing requirements of this chapter and who holds a current, valid license issued under this chapter. See Delaware Code Title 24 Sec. 4102
• Licensed real property appraiser: shall mean a person, who has met the licensing requirements of this chapter and who may appraise noncomplex 1 to 4 residential units having a transaction value less than $1,000,000 and complex 1 to 4 residential units having a transaction value of $400,000 or less, and who holds a current, valid license issued under this chapter. See Delaware Code Title 24 Sec. 4002
• Licensee: means any person who has completed the required training and who has paid the applicable fee for and received a license, under this chapter, for the installation of manufactured housing. See Delaware Code Title 24 Sec. 4403
• 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.
• Manufactured home installation inspector: means any person who holds a manufactured home installation inspector's certificate issued pursuant to this chapter. See Delaware Code Title 24 Sec. 4403
• 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
• Master barber: means any person licensed under this chapter who, for a monetary consideration, shaves or trims beards, gives facial or scalp massages, treats beards or scalps with preparations made for this purpose, or embellishes, cleans or beautifies human hair, which includes arranging, dressing, curling, permanent waving, cutting, singeing, pressing, chemically bleaching or coloring, chemically straightening, or similar work. See Delaware Code Title 24 Sec. 5101
• 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.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Nail technician: means any person licensed under this chapter who engages only in the practice of manicuring, pedicuring or sculpting nails, including acrylic nails, of any person. See Delaware Code Title 24 Sec. 5101
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• 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
• 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.
• 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.
• Occupant: means a person, that person's sublessee, successor or assign, entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. See Delaware Code Title 25 Sec. 4902
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the owner, operator, lessor or sublessor of a self-service storage facility, such person's agent or any other person authorized by the owner, operator, lessor or sublessor of a self-storage facility to manage the facility or to receive rent from an occupant under a rental agreement. See Delaware Code Title 25 Sec. 4902
• 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: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 3502
• Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 3602
• Person: shall mean a corporation, company, association or partnership, as well as an individual. See Delaware Code Title 24 Sec. 3702
• 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. 4002
• 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. 4102
• Person: means 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. 4403
• 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
• 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 property: means movable property not affixed to land and includes, but is not limited to, goods, merchandise and household items. See Delaware Code Title 25 Sec. 4902
• Personal property: All property that is not real property.
• Personal supervision: shall mean the active oversight by the state-licensed or certified real estate appraiser of the real property appraiser trainee. See Delaware Code Title 24 Sec. 4002
• Personal supervision: shall mean the active oversight by the licensed home inspector of the home inspector trainee. See Delaware Code Title 24 Sec. 4102
• 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.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practice of geology: shall mean any service or creative work, the adequate performance of which requires geologic education, training and experience in the application of the principles, theories, laws and body of knowledge encompassed in the science of geology. See Delaware Code Title 24 Sec. 3602
• 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
• Practice of psychology: shall mean the observation, description, evaluation, interpretation and modification of human behavior by the application of psychological principles, methods, and/or procedures, for the purpose of preventing or eliminating symptomatic, maladaptive or undesired behavior, and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health and mental health. See Delaware Code Title 24 Sec. 3502
• 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 cosmetology shop, including ensuring that all employees are licensed, where required by law. See Delaware Code Title 24 Sec. 5101
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
• Psychological assistant: shall mean a person who is registered with the Board to perform certain functions within the practice of psychology, only under the direct supervision of a supervising psychologist, and who is authorized by the Board to use the title "psychological assistant. See Delaware Code Title 24 Sec. 3502
• Psychological testing: shall mean , but not be limited to: Administration and interpretation of standardized intelligence and neuropsychological tests which yield an intelligence quotient and/or are the basis for a diagnosis of organic brain syndromes for the purposes of classification and/or disability determination; and

  b. See Delaware Code Title 24 Sec. 3502

• Psychologist: shall mean a person who makes representations to the public by any title or description of services incorporating the words "psychology" "psychological" "psychologist" or who engages in the practice of psychology. See Delaware Code Title 24 Sec. 3502
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Real estate appraiser: means any person who advises, consults, or prepares analyses with respect to real estate values, uses, sales, developments or disposition, including acquisitions by eminent domain, or renders opinions relevant to the marketability of real estate, as a whole or partial vocation. See Delaware Code Title 24 Sec. 4002
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Real property: shall mean 1 or more defined interests, benefits, and rights inherent in the ownership of real estate. See Delaware Code Title 24 Sec. 4002
• 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}
• Recreational vehicle: means a travel trailer, camping trailer, park model trailer, campers, or motor homes which are primarily designed as temporary living quarters for recreational camping, seasonal or travel use and which either have their own motor power or are mounted on or drawn by another vehicle. See Delaware Code Title 24 Sec. 4403
• rehabilitation: shall include , but are not limited to, hearing aid evaluation, recommendation, and fitting and selecting, adapting and distributing or selling of hearing aids. See Delaware Code Title 24 Sec. 3702
• 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.
• Rental agreement: means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-service storage facility. See Delaware Code Title 25 Sec. 4902
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• school of barbering: means any place or part thereof where cosmetology, barbering, electrology, nail technology or any of the practices are taught, whether or not such place holds itself out as such. See Delaware Code Title 24 Sec. 5101
• Self-service storage facility: means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. See Delaware Code Title 25 Sec. 4902
• 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.
• 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: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 3702
• State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 4002
• State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 4102
• 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 the practice of psychology. See Delaware Code Title 24 Sec. 3502
• 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 geology. See Delaware Code Title 24 Sec. 3602
• 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 speech/language pathology, audiology and/or the dispensing of hearing aids. See Delaware Code Title 24 Sec. 3702
• Substantially related: shall mean 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 real estate appraisal. See Delaware Code Title 24 Sec. 4002
• Substantially related: shall mean 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 home inspecting. See Delaware Code Title 24 Sec. 4102
• Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the person's fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of a manufactured home installer. See Delaware Code Title 24 Sec. 4403
• 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.
• Supervising psychologist: shall mean a psychologist licensed in this State who has practiced as a licensed psychologist for 2 years in this or any other jurisdiction and who applies to the Board for the registration of a psychological assistant. See Delaware Code Title 24 Sec. 3502
• Supervision: shall mean the face-to-face consultation between the registered psychological assistant and the supervising psychologist as required by the nature of the work of the psychological assistant. See Delaware Code Title 24 Sec. 3502
• Supervision: means managing the acts of another by overseeing the performance or operation of the person and by taking full responsibility for acts or omissions of the person that are being performed at the direction of a licensee or under the authority of a licensee's license. See Delaware Code Title 24 Sec. 4403
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Testator: A male person who leaves a will at death.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• this State: means the State of Delaware. See Delaware Code Title 24 Sec. 5302
• Trainee: shall mean a person who has completed classroom hours of education on real estate matters satisfactory to the Council, as indicated in the rules and regulations, including classroom hours on the topic of Uniform Standards of Professional Appraisal Practice. See Delaware Code Title 24 Sec. 4002
• Trainee: shall mean a person who has satisfied the requirements as set forth in § 4109 of this title and any requirements as set forth in the rules and regulations as established by the Board. See Delaware Code Title 24 Sec. 4102
• 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.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Unauthorized practitioner: means any person, who engages in the occupational practices regulated by the Board, and who is not licensed or certified by the Board to do so. See Delaware Code Title 24 Sec. 4403
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Verdict: The decision of a petit jury or a judge.
• Verified mail: means any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing. See Delaware Code Title 25 Sec. 4902
• 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