Terms Used In Delaware Code > Title 6 > Chapter 43 - Retail Installment Sales

• Aboveground storage tank: means a single aboveground containment vessel having a capacity of greater than 250 gallons and currently or previously having contained regulated substances on or after January 1, 1992. See Delaware Code Title 7 Sec. 7402A
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• 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.
• Articles of dedication: shall mean the writing by which any estate, interest or right in an area is formally dedicated as permitted by § 7306 of this title. See Delaware Code Title 7 Sec. 7302
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• 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}
• Bequest: Property gifted by will.
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• 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.
• 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.
• Conservation easement: means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, fish and wildlife habitat, rare species and natural communities maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property. See Delaware Code Title 7 Sec. 6901
• Conservation Trust Fund: means the Delaware Land and Water Conservation Trust Fund established and maintained pursuant to subchapter II of Chapter 54 of Title 30. See Delaware Code Title 7 Sec. 7504
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Council: shall mean the Delaware Natural Areas Advisory Council. See Delaware Code Title 7 Sec. 7302
• Council: means the Delaware Open Space Council established pursuant to this chapter. See Delaware Code Title 7 Sec. 7504
• Cultural resource site: means land that contains at least 1 of the following:

  a. See Delaware Code Title 7 Sec. 7504

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dedication: shall mean the transfer to the Department of Natural Resources and Environmental Control, for and on behalf of the State, of an estate, interest or right in an area in any manner permitted by § 7306 of this title. See Delaware Code Title 7 Sec. 7302
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defense attorney: Represent defendants in criminal matters.
• Department: shall mean the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7302
• Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7402A
• Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7504
• Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7803
• 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.
• Devise: To gift property by will.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• 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
• Facility: means a location or part thereof containing or having contained 1 or more aboveground storage tanks. See Delaware Code Title 7 Sec. 7402A
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: means :

  a. See Delaware Code Title 7 Sec. 7402A

• Fiduciary: A trustee, executor, or administrator.
• Fiduciary capacity: means the capacity of a person in holding title to a facility, or otherwise having control of or an interest in the facility, pursuant to the exercise of the responsibilities of the person as a fiduciary. See Delaware Code Title 7 Sec. 7402A
• 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
• 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.
• 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}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Heating fuel: means a type of fuel oil that is 1 of 7 technical grades. See Delaware Code Title 7 Sec. 7402A
• Holder: means :

  a. See Delaware Code Title 7 Sec. 6901

• Imminent threat of a release: means the potential for a release which requires action to prevent or mitigate damage to the environment or endangerment to public health or welfare which may result from such a release. See Delaware Code Title 7 Sec. 7402A
• Implementation Committee: means the Pollution Prevention Implementation Committee. See Delaware Code Title 7 Sec. 7803
• 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}
• Indicated release: means there are signs that an aboveground storage tank, or the secondary containment system are failing or could potentially fail to contain a regulated substance. See Delaware Code Title 7 Sec. 7402A
• lands: means real property, including improvements thereon; rights of way; water, subaqueous land, and riparian rights; easements; privileges; and all other rights or interests of any kind or description in, relating to, or connected with real property or water. See Delaware Code Title 7 Sec. 7504
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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}
• Legacy: A gift of property made by will.
• Lender: means :

  a. See Delaware Code Title 7 Sec. 7402A

• 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.
• minor child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• 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.
• Multi-media: means all environmental media including, but not limited to, workplaces within facilities, water, land and air. See Delaware Code Title 7 Sec. 7803
• Natural area: shall mean an area of land or water, or of both land and water, whether in public or private ownership, which either retains or has reestablished its natural character (although it need not be undisturbed), or has unusual flora or fauna, or has biotic, geological, scenic or archaeological features of scientific or educational value. See Delaware Code Title 7 Sec. 7302
• Nature preserve: shall mean a natural area, any estate, interest or right in which has been formally dedicated under this chapter. See Delaware Code Title 7 Sec. 7302
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• open space land: means any land the permanent protection of which will further 1 or more purposes enumerated in § 7503(a) of this title. See Delaware Code Title 7 Sec. 7504
• Open Space Program: means the conservation program created to carry out the purposes of this chapter. See Delaware Code Title 7 Sec. 7504
• Operator: means a person operating a facility or who has operated a facility, including, but not limited to, by lease, contract or other form of authorization agreement

  (15) "Orphan tank" means:

  a. See Delaware Code Title 7 Sec. 7402A

• Out-of-service: means an aboveground storage tank that is:

  a. See Delaware Code Title 7 Sec. 7402A

• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person:

  a. See Delaware Code Title 7 Sec. 7402A

• permanently protect: means the acquisition by purchase, gift, grant, bequest, devise, or otherwise of the fee or any lesser interest, development right, easement, covenant, or other contractual right in land in perpetuity necessary to achieve the purposes of this chapter. See Delaware Code Title 7 Sec. 7504
• Person: means an entity, individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, company, association, state, municipality, commission, political subdivision of a state, or any interstate body. See Delaware Code Title 7 Sec. 7402A
• Person: means any individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state or any interstate body. See Delaware Code Title 7 Sec. 7803
• Personal property: All property that is not real property.
• 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.
• Pollution prevention: means any practice which:

  a. See Delaware Code Title 7 Sec. 7803

• 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}
• 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.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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 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.
• Regulated substance: means a liquid or gas that:

  a. See Delaware Code Title 7 Sec. 7402A

• Release: means the spilling, leaking, discharging, leaching or disposing of a regulated substance into groundwater, surface water, soil or air that is not permitted by law, regulation or permit. See Delaware Code Title 7 Sec. 7402A
• 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.
• 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 Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7302
• Secretary: means the Secretary of the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7504
• Secretary: means the Secretary of the referenced state department or a duly authorized designee. See Delaware Code Title 7 Sec. 7803
• Security interest: means an interest in an AST or AST system or in a facility or property on which an AST or AST system is located, created or established for the purpose of securing a loan or other obligation. See Delaware Code Title 7 Sec. 7402A
• State: means the State of Delaware. See Delaware Code Title 7 Sec. 7402A
• 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 agency: means , and shall apply exclusively to, the following units of state government which manage natural and cultural resources:

  a. See Delaware Code Title 7 Sec. 7504

• substantial physical installation: includes , but is not limited to, a permit or contract for the installation. See Delaware Code Title 7 Sec. 7402A
• Summons: Another word for subpoena used by the criminal justice system.
• System: shall mean the nature preserves held under this chapter. See Delaware Code Title 7 Sec. 7302
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party right of enforcement: shall mean a right provided in a conservation easement to enforce any of its terms and which is granted to a governmental body, charitable corporation, charitable association or charitable trust which, although eligible to be a holder, is not a holder. See Delaware Code Title 7 Sec. 6901
• 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.
• Trade secret: means any information concerning production processes employed or substances manufactured, processed or otherwise used within a facility which the Secretary of the Department has determined to be propriety information. See Delaware Code Title 7 Sec. 7803
• 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.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Under age: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
• 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}
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• vessel: includes any container that can be partially visually inspected from the exterior in an underground area. See Delaware Code Title 7 Sec. 7402A
• Waste: means , but is not limited to, those substances defined as such under Delaware Codes, or the regulations promulgated thereunder: air pollution as defined in § 6002 of this title; hazardous waste as defined in § 6302 of this title; industrial waste as defined in § 6002 of this title; liquid waste as defined in § 6002 of this title; other wastes as defined in § 6002 of this title; refuse as defined in § 6002 of this title; rubbish as defined in § 6002 of this title; sewage as defined in § 6002 of this title; and solid waste as defined in § 6002 of this title. See Delaware Code Title 7 Sec. 7803
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.