developmental disability: means a severe, chronic disability of a person which:Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Donor: The person who makes a gift.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: OCCEmbezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCCEntitlement: 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.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.Executive session: A portion of the Senate's daily session in which it considers executive business.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.Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.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.following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3Forgery: 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: OCCFraud: Intentional deception resulting in injury to another.Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.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.in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3Indemnification: 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: FDICInjunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.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: OCCJoint resolution: A legislative measure which requires the approval of both chambers.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: OCCLegislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.Long-term care facility: means any skilled nursing facility and intermediate care facility as defined in N. See North Carolina General Statutes 143B-181.16Majority leader: see Floor LeadersMinority leader: See Floor Leadersmonth: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3Nolo 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.oath: shall be construed to include "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirmed. See North Carolina General Statutes 12-3Oath: 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.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.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.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: OCCPresident 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.property: shall include all property, both real and personal. See North Carolina General Statutes 12-3Public 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: Land, and all immovable fixtures erected on, growing on, or affixed to the land.Regional Ombudsman: means a person employed by an Area Agency on Aging who is certified and designated by the State Ombudsman to carry out the functions of the Regional Ombudsman Office established by this Article, 42 U. See North Carolina General Statutes 143B-181.16Remainder: 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.Resident: means any person who is receiving treatment or care in any long-term care facility. See North Carolina General Statutes 143B-181.16Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3Settlement: 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.Simple resolution: Designated "S. Res.," simple resolutions are used to express nonbinding positions of the Senate or to deal with the Senate's internal affairs, such as the creation of a special committee. They do not require action by the House of Representatives.state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3State Ombudsman: means the State Ombudsman as defined by the Older Americans Act of 1965, as amended, 42 U. See North Carolina General Statutes 143B-181.16Statute: A law passed by a legislature.Subpoena: A command to a witness to appear and give testimony.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.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: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3Writ: A formal written command, issued from the court, requiring the performance of a specific act.