Part 1 Short Title, General Construction And Subject Matter
Part 2 Form, Formation And Readjustment Of Contract
Part 3 General Obligation And Construction Of Contract
Part 4 Title, Creditors And Good Faith Purchasers
Part 5 Performance
Part 6 Breach, Repudiation And Excuse
Part 7 Remedies

Terms Used In Illinois Compiled Statutes > 810 ILCS 5 > Article 2 - Sales

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • 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.
  • Ballot: means paper ballot sheets. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • Ballot: means an electronic audio or video display or any other medium, including paper, used to record a voter's choices for the candidates of their preference and for or against public questions. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • Ballot card: means a ballot which is voted by the process of punching. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • Ballot configuration: means the particular combination of political subdivision ballots including, for each political subdivision, the particular combination of offices, candidate names and ballot position numbers for each candidate and question as it appears for each group of voters who may cast the same ballot. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • Ballot configuration: means the particular combination of political subdivision ballots including, for each political subdivision, the particular combination of offices, candidate names and questions as it appears for each group of voters who may cast the same ballot. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • Ballot configuration: means the particular combination of political subdivision or district ballots including, for each political subdivision or district, the particular combination of offices, candidate names and public questions as it appears for each group of voters who may cast the same ballot. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • Ballot image: means a corresponding representation in electronic or paper form of the mark or vote position of a ballot. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • Ballot labels: means the cards, papers, booklet, pages or other material containing the names of officers and candidates and statements of measures to be voted on. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • ballot screen: means the display of material containing the names of offices and candidates and public questions to be voted on. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • Ballot sheet: means a paper ballot printed on one or both sides which is (1) designed and prepared so that the voter may indicate his or her votes in designated areas, which must be enclosed areas clearly printed or otherwise delineated for such purpose, and (2) capable of having votes marked in the designated areas automatically examined, counted, and tabulated by an electronic scanning process. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • Ballot sheet: means a paper ballot printed on one or both sides which is (1) designed and prepared so that the voter may indicate his or her votes in designated areas, which must be areas clearly printed or otherwise delineated for such purpose, and (2) capable of having votes marked in the designated areas automatically examined, counted, and tabulated by an electronic scanning process. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • Buyer: means a person who buys or contracts to
    
buy goods. See Illinois Compiled Statutes 810 ILCS 5/2-103
  • Central Counting: means the counting of ballots in one or more locations selected by the election authority for the processing or counting, or both, of ballots. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • Central counting: means the counting of ballots in one or more locations selected by the election authority for the processing or counting, or both, of ballots. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • Central counting: means the counting of ballots in one or more locations selected by the election authority for the processing or counting, or both, of ballots. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • 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.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Computer operator: means any person or persons designated by the election authority to operate the automatic tabulating equipment during any portion of the vote tallying process in an election, but shall not include judges of election operating vote tabulating equipment in the precinct. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • Computer operator: means any person or persons designated by the election authority to operate the automatic tabulating equipment during any portion of the vote tallying process in an election, but shall not include judges of election operating vote tabulating equipment in the precinct. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • Computer operator: means any person or persons designated by the election authority to operate the automatic tabulating equipment during any portion of the vote tallying process in an election, but shall not include judges of election operating vote tabulating equipment in the precinct. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • 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 Illinois Compiled Statutes 810 ILCS 5/2-106
  • 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.
  • County board: means the board of county commissioners in counties not under township organization, and the board of supervisors in counties under township organization, and the board of commissioners of Cook County. See Illinois Compiled Statutes 5 ILCS 70/1.07
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • 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:
  • Donee: The recipient of a gift.
  • Edit listing: means a computer generated listing of the names and ballot position numbers for each candidate and proposition as they appear in the program for each precinct. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • Edit listing: means a computer generated listing of the names of each candidate and proposition as they appear in the program for each precinct. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • Edit listing: means a computer generated listing of the names of each candidate and public question as they appear in the program for each precinct. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic Voting System: means that combination of equipment and programs used in the casting, examination and tabulation of ballots and the cumulation and reporting of results by electronic means. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • electronic voting system: means that combination of equipment and programs used in the casting, examination and tabulation of ballots and the cumulation and reporting of results by electronic means. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • equipment: includes apparatus necessary to automatically examine and count votes as designated on ballots, and data processing machines which can be used for counting ballots and tabulating results. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • equipment: includes apparatus necessary to automatically examine and count votes as designated on ballots, and data processing machines which can be used for counting ballots and tabulating results. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • equipment: includes apparatus necessary to automatically examine and count votes as designated on ballots, and data processing machines which can be used for counting ballots and tabulating results. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • 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
  • 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
  • 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.
  • Heretofore: means any time previous to the day on which the statute takes effect; and the word "hereafter" at any time after such day. See Illinois Compiled Statutes 5 ILCS 70/1.17
  • In-precinct counting: means the counting of ballots on automatic tabulating equipment provided by the election authority in the same precinct polling place in which those ballots have been cast. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • In-precinct counting: means the counting of ballots on automatic tabulating equipment provided by the election authority in the same precinct polling place in which those ballots have been cast. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • In-precinct counting: means the recording and counting of ballots on automatic tabulating equipment provided by the election authority in the same precinct polling place in which those ballots have been cast. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • 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.
  • Marking device: means either an apparatus in which ballots or ballot cards are inserted and used in connection with a punch apparatus for the piercing of ballots by the voter, or any approved device for marking a paper ballot with ink or other substance which will enable the ballot to be tabulated by means of automatic tabulating equipment or by an electronic scanning process. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • Marking device: means a pen, computer, or other device approved by the State Board of Elections for marking, or causing to be marked, a paper ballot with ink or other substance which will enable the ballot to be tabulated by automatic tabulating equipment or by an electronic scanning process. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • Marking device: means any device approved by the State Board of Elections for marking a ballot so as to enable the ballot to be recorded, counted and tabulated by automatic tabulating equipment. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, and the word "year" a calendar year unless otherwise expressed; and the word "year" alone, is equivalent to the expression "year of our Lord. See Illinois Compiled Statutes 5 ILCS 70/1.10
  • oath: shall be deemed to include an affirmation, and the word "sworn" shall be construed to include the word "affirmed. See Illinois Compiled Statutes 5 ILCS 70/1.12
  • 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.
  • 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.
  • Permanent paper record: means a paper record upon which shall be printed in human readable form the votes cast for each candidate and for or against each public question on each ballot recorded in the voting system. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • Person under legal disability: means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his or her person or estate, or (b) is a person with mental illness or is a person with developmental disabilities and who because of his or her mental illness or developmental disability is not fully able to manage his or her person or estate, or (c) because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, so spends or wastes his or her estate as to expose himself or herself or his or her family to want or suffering. See Illinois Compiled Statutes 5 ILCS 70/1.06
  • Personal property: All property that is not real property.
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Precinct Tabulation Optical Scan Technology: means the capability to examine a ballot through electronic means and tabulate the votes at one or more counting places. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • present sale: means a sale which is accomplished by the making of the contract. See Illinois Compiled Statutes 810 ILCS 5/2-106
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • program: means the set of operating instructions for the automatic tabulating equipment by which it examines, counts, tabulates, canvasses and prints votes recorded by a voter on a ballot card or other medium. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • program: means the set of operating instructions for the automatic tabulating equipment that examines, counts, tabulates, canvasses and prints votes recorded by a voter on a ballot. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • program: means the set of operating instructions for the automatic tabulating equipment that examines, records, displays, counts, tabulates, canvasses, or prints votes recorded by a voter on a ballot or that displays any and all information, graphics, or other visual or audio information or images used in presenting voting information, instructions, or voter choices. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Redundant count: means a verification of the original computer count by another count using compatible equipment or by hand as part of a discovery recount. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • Redundant count: means a verification of the original computer count by another count using compatible equipment or by hand as part of a discovery recount. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • Redundant count: means a verification of the original computer count of ballots by another count using compatible equipment or other means as part of a discovery recount, including a count of the permanent paper record of each ballot cast by using compatible equipment, different equipment approved by the State Board of Elections for that purpose, or by hand. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • 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.
  • 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.
  • Security designation: means a printed designation placed on a ballot to identify to the computer program the offices and propositions for which votes may be cast and to indicate the manner in which votes cast should be tabulated while negating any inadmissible votes. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • Security punch: means a punch placed on a ballot card to identify to the computer program the offices and propositions for which votes may be cast and to indicate the manner in which votes cast should be tabulated while negating any inadmissible votes. See Illinois Compiled Statutes 10 ILCS 5/24A-2
  • Seller: means a person who sells or contracts to
  •     
    sell goods. See Illinois Compiled Statutes 810 ILCS 5/2-103
  • Separate ballot: means a separate page or display screen of the ballot that is clearly defined and distinguishable from other portions of the ballot. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • 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.
  • Specimen ballot: means a representation of names of offices and candidates and statements of measures to be voted on which will appear on the official ballot or marking device on election day. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • 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.
  • Summons: Another word for subpoena used by the criminal justice system.
  • sworn: shall be construed to include the word "affirmed. See Illinois Compiled Statutes 5 ILCS 70/1.12
  • system: means the total combination of mechanical, electromechanical or electronic equipment, programs and practices used to define ballots, cast and count votes, report or display election results, maintain or produce any audit trail information, identify all system components, test the system during development, maintenance and operation, maintain records of system errors and defects, determine specific system changes to be made to a system after initial qualification, and make available any materials to the voter such as notices, instructions, forms or paper ballots. See Illinois Compiled Statutes 10 ILCS 5/24C-2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Units of local government: has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. See Illinois Compiled Statutes 5 ILCS 70/1.28
  • Verdict: The decision of a petit jury or a judge.
  • Voting defect identification: means the capability to detect overvoted ballots or ballots which cannot be read by the automatic tabulating equipment. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • Voting defects: means an overvoted ballot, or a ballot which cannot be read by the automatic tabulating equipment. See Illinois Compiled Statutes 10 ILCS 5/24B-2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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