Terms Used In Delaware Code > Title 6 > Article 2 > Part 7 - Remedies

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• agency: means any state office, officer, official, department, board, commission, institution, bureau, agency, division or unit of the State, including those within the legislative and judicial branches of state government. See Delaware Code Title 29 Sec. 6002
• Alternative compliance payment: means a payment of a certain dollar amount per megawatt hour, which a retail electricity supplier or municipal electric company may submit in lieu of supplying the minimum percentage from Eligible Energy Resources required under Schedule I in § 354 of this title. See Delaware Code Title 26 Sec. 352
• Amateur boxing: shall mean any boxing event, as herein defined, which is sanctioned by an amateur boxing association recognized by the Director, such as, but not limited to, the International Amateur Boxing Association, Golden Gloves USA Boxing, Inc. See Delaware Code Title 28 Sec. 102
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Approved notification center: shall mean an organization identified by § 807 of this title and which complies with the requirements of § 807 of this title and is otherwise operated in accordance with the Federal Pipeline Safety Regulations codified at 49 C. See Delaware Code Title 26 Sec. 802
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• 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.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorized officer: means any official of this State or any of its departments, agencies or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted. See Delaware Code Title 29 Sec. 5401
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: shall mean the Plans Management Board pursuant to § 2722 of this title. See Delaware Code Title 29 Sec. 6052
• Bout: shall mean 1 combative sports match, as defined herein. See Delaware Code Title 28 Sec. 102
• Boxing: shall mean the act, activity, or sport of attack and defense in which a participant delivers blows with that participant's fists, especially according to rules requiring the use of boxing gloves and limiting legal blows to those striking above the waist and on the front or sides of the opponent. See Delaware Code Title 28 Sec. 102
• Boxing match: shall mean a single boxing bout wherein participants use their best efforts to prevail through knockout, technical knockout, judges' decision or any other manner of determining victory which are consistent with the rules governing boxing and authorized by the rules and regulations of the Division. See Delaware Code Title 28 Sec. 102
• Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
• Carrier: shall mean any person or entity offering to the public telecommunications service that originates or terminates within the State; provided, however, that the term "carrier" shall not include:

  a. See Delaware Code Title 26 Sec. 923

• Change order: shall mean any order changing a customer's designated carrier for local exchange service, intraLATA intrastate toll service or both. See Delaware Code Title 26 Sec. 923
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Combative fighting: shall include , but not be limited to such terms as "toughman fighting" "toughwoman fighting" "badman fighting" "extreme fighting" and all such similar terms or names, and shall mean any unsanctioned combative sports or wrestling match, contest or exhibition between 2 or more participants and where members of the public are selected from the audience to participate with or without protective headgear, who use their hands, with or without gloves, or their feet, or both, and who compete for a financial prize or any item of pecuniary value, and which match, contest, tournament, championship or exhibition is not recognized or sanctioned by any international, national or regional professional sanctioning organization recognized by the Director. See Delaware Code Title 28 Sec. 102
• Combative sports: shall include all professional boxing and mixed martial arts and all amateur boxing and mixed martial arts. See Delaware Code Title 28 Sec. 102
• Combative sports entertainment: include d but not limited to "celebrity boxing" "entertainment boxing" and all such similar terms or names shall mean a display of skill for the purpose of entertaining an audience, consisting of choreographed or simulated combat in which techniques commonly used in combative sports are employed by participants. See Delaware Code Title 28 Sec. 102
• Commission: means the Public Service Commission. See Delaware Code Title 26 Sec. 102
• Commission: means the Delaware Public Service Commission. See Delaware Code Title 26 Sec. 352
• Commission: shall mean the Delaware Public Service Commission. See Delaware Code Title 26 Sec. 923
• Community-owned energy generating facility: has the meaning given in § 1001 of this title. See Delaware Code Title 26 Sec. 352
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compliance year: means the calendar year beginning with June 1 and ending with May 31 of the following year, for which a retail electricity supplier or municipal electric company must demonstrate that it has met the requirements of this subchapter. See Delaware Code Title 26 Sec. 352
• Contest: shall mean a bout or group of bouts involving contestants competing in a professional or amateur combative sports or permitted combative sports entertainment event. See Delaware Code Title 28 Sec. 102
• Contestant: shall mean a person who competes in any licensed combative sports event or permitted combative sports entertainment event. See Delaware Code Title 28 Sec. 102
• 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
• 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.
• Council: shall mean the Combative Sports Advisory Council. See Delaware Code Title 28 Sec. 102
• Customer: shall mean a person who subscribes to local exchange services, intraLATA intrastate toll service or both. See Delaware Code Title 26 Sec. 923
• Customer-sited generation: means a generation unit that is interconnected on the end-use customer's side of the retail electricity meter in such a manner that it displaces all or part of the metered consumption of the end-use customer. See Delaware Code Title 26 Sec. 352
• Damage: shall mean , but is not limited to:

  a. See Delaware Code Title 26 Sec. 802

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deferred compensation: means income earned as a public officer or employee of the State which, pursuant to a written agreement between the State and the employee, is set aside for retirement purposes. See Delaware Code Title 29 Sec. 6052
• Deferred compensation program: means such plans to allow deferred compensation pursuant to §§ 457, 403(b) and 401(a) of the Internal Revenue Code [26 U. See Delaware Code Title 29 Sec. 6052
• 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.
• Designer: shall mean any architect, engineer or other person, acting either as an employer or employee, who prepares a drawing for a construction or other project which requires excavation or demolition. See Delaware Code Title 26 Sec. 802
• Director: shall mean the Director of the Division of Professional Regulation of the Department of State. See Delaware Code Title 28 Sec. 102
• Disaster: means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures, including both national and state disasters. See Delaware Code Title 29 Sec. 6002
• 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 Division of Professional Regulation of the Department of State. See Delaware Code Title 28 Sec. 102
• DNREC: means Delaware Department of Natural Resources and Environmental Control. See Delaware Code Title 26 Sec. 352
• DNREC Regulated Site: shall mean any parcel of land or portion thereof for which a final permit, remediation plan, institutional or administrative control, use restriction or similar limitation is imposed under the authority granted to the Department of Natural Resources and Environmental Control under Title 7 and for which due process opportunities have been provided. See Delaware Code Title 26 Sec. 802
• Document: means :

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

• Donor: The person who makes a gift.
• Eligible energy resources: include the following energy sources located within or imported into the PJM region:

  a. See Delaware Code Title 26 Sec. 352

• Emergency: shall mean any condition constituting a clear and present danger to life, health or property by reason of escaping gas or petroleum products, exposed or broken wires, other breaks or defects in an operator's utility line or by reason of any disaster of artificial or natural causes. See Delaware Code Title 26 Sec. 802
• Employee: includes an officer of a state or political subdivision thereof. See Delaware Code Title 29 Sec. 5701
• employee: includes employees of the Delaware Transit Corporation and Delaware Solid Waste Authority. See Delaware Code Title 29 Sec. 6052
• employee tax: means the tax imposed by § 1400 of such Code of 1939 and § 3101 of such Code of 1954 [26 U. See Delaware Code Title 29 Sec. 5701
• Employment: means any service performed by an employee in the employ of the State, local government, housing authority or any other political subdivision thereof, for such employer, except (i) service which in the absence of an agreement entered into under this chapter would constitute "employment" as defined in the Social Security Act [42 U. See Delaware Code Title 29 Sec. 5701
• End-use customer: means a person or entity in Delaware that purchases electrical energy at retail prices from a retail electricity supplier or municipal electric company. See Delaware Code Title 26 Sec. 352
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• Event: shall mean an organized series of contests and/or individual matches presented as a single occasion. See Delaware Code Title 28 Sec. 102
• 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.
• excavation: shall mean any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced or disturbed by means of any tools, equipment or explosives and includes, without limitation, grading, trenching, digging, dredging, ditching, drilling, augering, tunnelling, boring, backfilling, post pounding, driving objects into the ground, installation of form pins, hammering, scraping, cable or pipe plowing or driving, but does not include the surface cultivation of the soil for agricultural purposes, such as tilling, or patch-type paving where the same, including cutback, does not exceed 12 inches in depth measured from the surface of the pavement being patched. See Delaware Code Title 26 Sec. 802
• Excavator: shall mean any person, including those acting either as an employer or employee, intending to perform or performing excavation or demolition work. See Delaware Code Title 26 Sec. 802
• Executing carrier: shall mean a carrier that effects a request that a customer's carrier be changed. See Delaware Code Title 26 Sec. 923
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Facsimile signature: means a reproduction by engraving, imprinting, stamping or other means of the manual signature of an authorized officer. See Delaware Code Title 29 Sec. 5401
• Federal Insurance Contributions Act: means subchapter A of Chapter 9 of the Federal Internal Revenue Code of 1939 and subchapters A and B of Chapter 21 of the Federal Internal Revenue Code of 1954 [26 U. See Delaware Code Title 29 Sec. 5701
• Federal Security Administrator: includes any individual to whom the Federal Security Administrator has delegated any of the Administrator's functions under the Social Security Act [42 U. See Delaware Code Title 29 Sec. 5701
• 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.
• Forbearance: A means of handling a delinquent loan. A
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• franchise: shall mean authorization lawfully adopted or agreed to by the Commission pursuant to this chapter to construct or operate a cable television system or systems in whole or in part within a county of this State. See Delaware Code Title 26 Sec. 102
• Fraud: Intentional deception resulting in injury to another.
• 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: means the Delaware Green Energy Fund. See Delaware Code Title 26 Sec. 352
• GATS: means the generation attribute tracking system developed by PJM. See Delaware Code Title 26 Sec. 352
• Generation attribute: means a nonprice characteristic of the electrical energy output of a generation unit including, but not limited to, the unit's fuel type, geographic location, emissions, vintage and RPS eligibility. See Delaware Code Title 26 Sec. 352
• Generation unit: means a facility that converts a fuel or an energy resource into electrical energy. See Delaware Code Title 26 Sec. 352
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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.
• Instrument of payment: means a check, draft, warrant or order for the payment, delivery or transfer of funds. See Delaware Code Title 29 Sec. 5401
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• 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.
• 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
• 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}
• Letter of agency: shall mean a separate document, or easily separable document, signed and dated by the customer or prospective customer, the sole purpose of which is to authorize a carrier to initiate a preferred carrier change. See Delaware Code Title 26 Sec. 923
• 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.
• Mixed martial arts: shall mean combative discipline in which a combination of controls, takedowns, submissions and striking techniques are employed by trained practitioners. See Delaware Code Title 28 Sec. 102
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipal electric company: means a public corporation created by contract between 2 or more municipalities pursuant to provisions of Chapter 13 of Title 22 and the electric utilities that are municipally owned within the State of Delaware. See Delaware Code Title 26 Sec. 352
• 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.
• Operator: shall mean any person who furnishes or transports materials or services by means of a utility line. See Delaware Code Title 26 Sec. 802
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a natural person, 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
• Person: shall mean any individual, firm, joint venture, partnership, corporation, association, municipality, other political subdivision, state or federal governmental unit, department or agency, state cooperative association, joint stock association and shall include any assignee, trustee, receiver or personal representative thereof. See Delaware Code Title 26 Sec. 802
• Personal property: All property that is not real property.
• PJM interconnection: means the regional transmission organization (RTO) that coordinates the movement of wholesale electricity in the PJM region, or its successors at law. See Delaware Code Title 26 Sec. 352
• PJM region: means the area within which the movement of wholesale electricity is coordinated by PJM Interconnection. See Delaware Code Title 26 Sec. 352
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Political subdivisions: includes an instrumentality of a state and 1 or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the State or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the State or subdivision; the housing authority continued under Chapter 43 of Title 31 shall be construed to be a political subdivision. See Delaware Code Title 29 Sec. 5701
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preferred carrier: shall mean any carrier providing service to a customer at the time this subchapter is enacted, or such carrier as the customer thereafter designates as the customer's preferred carrier. See Delaware Code Title 26 Sec. 923
• 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.
• Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional: shall mean a person who engages in a match or contest where a purse of cash or other article of value is awarded for that person's participation or victory which is greater than the maximum amount permitted by the Division to be awarded to an amateur, as defined in the Division's rule and regulations. See Delaware Code Title 28 Sec. 102
• Professional boxing: shall mean a boxing match as herein defined, which is sanctioned by a professional boxing association recognized by the Director, such as, but not limited to, the World Boxing Association or the World Boxing Conference of the North American Boxing Association, and for which the boxers are compensated financially. See Delaware Code Title 28 Sec. 102
• Promoter: shall mean any person, regardless of job title, who arranges, advertises, produces, stages or conducts a combative sports or combative sports entertainment event. See Delaware Code Title 28 Sec. 102
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public security: means a bond, note, certificate of indebtedness or other obligation for the payment of money issued by this State or by any of its departments, agencies or other instrumentalities or by any of its political subdivisions. See Delaware Code Title 29 Sec. 5401
• Public utility: includes every individual, partnership, association, corporation, joint stock company, agency or department of the State or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a "cooperative"), their lessees, trustees or receivers appointed by any court whatsoever, that now operates or hereafter may operate for public use within this State, (however, electric cooperatives shall not be permitted directly or through an affiliate to engage in the production, sale or distribution of propane gas or heating oil), any natural gas, electric (excluding electric suppliers as defined in § 1001 of this title), electric transmission by other than a public utility over which the Commission has no supervisory or regulatory jurisdiction pursuant to § 202(a) or (g) of this title, water, wastewater (which shall include sanitary sewer charge), telecommunications (excluding telephone services provided by cellular technology or by domestic public land mobile radio service) service, system, plant or equipment. See Delaware Code Title 26 Sec. 102
• Qualified fuel cell provider: means an entity that:

  a. See Delaware Code Title 26 Sec. 352

• Qualified fuel cell provider project: means a fuel cell power generation project located in Delaware owned and/or operated by a qualified fuel cell provider under a tariff approved by the Commission pursuant to § 364(d) of this title. See Delaware Code Title 26 Sec. 352
• Quorum: The number of legislators that must be present to do business.
• Rate base: means :

  a. See Delaware Code Title 26 Sec. 102

• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail electricity product: means an electrical energy offering that is distinguished by its generation attributes and that is offered for sale by a retail electricity supplier or municipal electric company to end-use customers. See Delaware Code Title 26 Sec. 352
• Retail electricity supplier: means a person or entity that sells electrical energy to end-use customers in Delaware, including but not limited to nonregulated power producers, electric utility distribution companies supplying standard offer, default service, or any successor service to end-use customers. See Delaware Code Title 26 Sec. 352
• RPS: means the percentage of electricity sales at retail in the state that is to be derived from eligible energy resources. See Delaware Code Title 26 Sec. 352
• Rural electric cooperative: means a nonstock, nonprofit, membership corporation organized pursuant to the federal Rural Electrification Act of 1936 [7 U. See Delaware Code Title 26 Sec. 352
• Secretary: means the Secretary of State or designee. See Delaware Code Title 28 Sec. 102
• 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.
• Social Security Act: means the act of Congress approved August 14, 1935, Chapter 531, 49 Stat. See Delaware Code Title 29 Sec. 5701
• Solar Alternative Compliance Payment: means a payment of a certain dollar amount per megawatt-hour, which a retail electricity supplier or municipal electric supplier may submit in lieu of supplying the minimum percentage from solar photovoltaics required under Schedule I in § 354 of this title. See Delaware Code Title 26 Sec. 352
• 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: 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
• State Agency: means the State Treasurer. See Delaware Code Title 29 Sec. 5701
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Submitting carrier: shall mean any carrier that requests on behalf of a customer that the customer's carrier be changed, and seeks to provide retail services to an end user customer. See Delaware Code Title 26 Sec. 923
• 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 facility within this State which is constructed in whole or in part in, on, under or over any highway, road, street, alley, or other public place and which is operated to perform the service of receiving and amplifying the signals of 1 or more radio and/or television broadcasting stations and distributing such signals by cable, wire or other means to members of the public who subscribe to such service; provided that nothing herein is intended to prohibit any system from engaging in any other activity not expressly prohibited by law; except that such definition shall not include (i) any system which serves fewer than 50 subscribers; or (ii) any system which serves only the residents of 1 or more apartment dwellings or mobile home or trailer parks under common ownership, control or management, and commercial establishments located on the premises of such dwellings; or (iii) telephone, telegraph or electric utilities in those cases where the activity of such utility in connection with a cable system is limited to leasing or renting to cable systems, cables, wires, poles, towers or other electronic equipment or rights to use real property as part of, or for use in connection with, the operation of a cable system. See Delaware Code Title 26 Sec. 102
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total retail sales: means retail sales of electricity within the State of Delaware exclusive of sales to any industrial customer with a peak demand in excess of 1,500 kilowatts. See Delaware Code Title 26 Sec. 352
• 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.
• Under age: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Utility line: shall mean any item of personal property which shall be buried or placed below ground or submerged for use in connection with the storage or conveyance of water, sewage, electronic, cable television, telephonic or telegraphic communications, electric energy, oil, petroleum products, gas or other substances, and shall include, but not be limited to, pipes, sewers, conduits, cables, fiber optic conductors, valves, lines, wires, manholes, vaults, attachments and those portions of poles, pylons or other supports below ground or submerged. See Delaware Code Title 26 Sec. 802
• 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.
• volunteer: means any person who has completed the necessary training for and been certified as a disaster service specialist by the American Red Cross. See Delaware Code Title 29 Sec. 6002
• Wages: means all remuneration for employment as defined in this section, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the Federal Insurance Contributions Act, would not constitute "wages" within the meaning of such Act. See Delaware Code Title 29 Sec. 5701
• Water utility: shall mean any person or entity operating within this State any water service, system, plant or equipment for public use. See Delaware Code Title 26 Sec. 102
• written notice: shall mean notice in writing which is hand-delivered or mailed by certified mail, to the person who is to be given notice. See Delaware Code Title 26 Sec. 102
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302