Terms Used In Rhode Island General Laws > Chapter 6A-2 > Part 7 - Remedies

• Acquired entity: means the entity, all of one or more classes or series of interests of which are acquired in an interest exchange. See Rhode Island General Laws 7-13.1-1101
• Acquiring entity: means the entity that acquires all of one or more classes or series of interests of the acquired entity in an interest exchange. See Rhode Island General Laws 7-13.1-1101
• Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter. See Rhode Island General Laws 2-6-2
• Agricultural seed: means the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of those seeds, and may include noxious weed seeds when the director determines that the seed is being used as agricultural seed. See Rhode Island General Laws 2-6-2
• 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.
• Appraisal: A determination of property value.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Brand: means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. See Rhode Island General Laws 2-7-3
• Buyer: means a person who buys or contracts to buy goods. See Rhode Island General Laws 6A-2-103
• Certificate of limited partnership: means the certificate required by § 7-13. See Rhode Island General Laws 7-13.1-102
• Certifying agency: means :

  (i)  an agency authorized under the laws of a state, territory or possession to officially certify seed; or

  (ii)  an agency of a foreign country determined by the U. See Rhode Island General Laws 2-6-2

• Commercial fertilizer: means any substance containing one or more recognized plant nutrient(s) that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum, and other products exempted by regulation of the director. See Rhode Island General Laws 2-7-3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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 Rhode Island General Laws 6A-2-106
• Conversion: means a transaction authorized by subpart 4. See Rhode Island General Laws 7-13.1-1101
• Converted entity: means the converting entity as it continues in existence after a conversion. See Rhode Island General Laws 7-13.1-1101
• Converting entity: means the domestic entity that approves a plan of conversion pursuant to § 7-13. See Rhode Island General Laws 7-13.1-1101
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Director: means the director of the department of environmental management of the state of Rhode Island and/or his or her authorized deputies or agents. See Rhode Island General Laws 2-6-2
• Director: means director of the department of environmental management or his or her authorized agent. See Rhode Island General Laws 2-7-3
• 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:
• Distributor: means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this state. See Rhode Island General Laws 2-7-3
• Domesticated limited partnership: means the domesticating limited partnership as it continues in existence after a domestication. See Rhode Island General Laws 7-13.1-1101
• Domesticating limited partnership: means the domestic limited partnership that approves a plan of domestication pursuant to § 7-13. See Rhode Island General Laws 7-13.1-1101
• Domestication: means a transaction authorized by subpart 5. See Rhode Island General Laws 7-13.1-1101
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Filing entity: means an entity whose formation requires the filing of a public organic record. See Rhode Island General Laws 7-13.1-1101
• Foreign limited partnership: means an unincorporated entity formed under the law of a jurisdiction other than this state which would be a limited partnership if formed under the law of this state. See Rhode Island General Laws 7-13.1-102
• Fraud: Intentional deception resulting in injury to another.
• Governor: means :

  (i)  A director of a business corporation or an officer of a business corporation that has no board of directors;

  (ii)  A director or trustee of a nonprofit corporation;

  (iii)  A general partner of a general partnership;

  (iv)  A general partner of a limited partnership;

  (v)  A manager of a manager-managed limited liability company;

  (vi)  A member of a member-managed limited liability company;

  (vii)  A director of a general cooperative association;

  (viii)  A director of a limited cooperative association;

  (ix)  A manager of an unincorporated nonprofit association;

  (x)  A trustee of a statutory trust, business trust, or common-law business trust; or

  (xi)  Any other person under whose authority the powers of an entity are exercised and under whose direction the activities and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. See Rhode Island General Laws 7-13.1-1101

• Grade: means the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. See Rhode Island General Laws 2-7-3
• Guaranteed analysis: means :

  (i)  Until the director prescribes the alternative form of guaranteed analysis in accordance with the provisions of subdivision (7)(ii) of this section, the term "guaranteed analysis" shall mean the minimum percentage of plant nutrients claimed in the following order and form:

  (A)         Total Nitrogen (N). See Rhode Island General Laws 2-7-3

• Hybrid: means the first generation seed of a cross produced by controlling the pollination and by combining: (1) two (2) or more inbred lines; (2) one inbred or a single cross with an open pollination variety; or (3) two (2) varieties or species, except open-pollinated varieties of corn (Zea mays). See Rhode Island General Laws 2-6-2
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest: means :

  (i)  A share in a business corporation;

  (ii)  A membership in a nonprofit corporation;

  (iii)  A partnership interest in a general partnership;

  (iv)  A partnership interest in a limited partnership;

  (v)  A membership interest in a limited liability company;

  (vi)  A share in a general cooperative association;

  (vii)  A member's interest in a limited cooperative association;

  (viii)  A membership in an unincorporated nonprofit association;

  (ix)  A beneficial interest in a statutory trust, business trust, or common-law business trust; or

  (x)  A governance interest or distributional interest in any other type of unincorporated entity. See Rhode Island General Laws 7-13.1-1101

• Interest exchange: means a transaction authorized by subpart 3. See Rhode Island General Laws 7-13.1-1101
• Interest holder: means :

  (i)  A shareholder of a business corporation;

  (ii)  A member of a nonprofit corporation;

  (iii)  A general partner of a general partnership;

  (iv)  A general partner of a limited partnership;

  (v)  A limited partner of a limited partnership;

  (vi)  A member of a limited liability company;

  (vii)  A shareholder of a general cooperative association;

  (viii)  A member of a limited cooperative association;

  (ix)  A member of an unincorporated nonprofit association;

  (x)  A beneficiary or beneficial owner of a statutory trust, business trust, or common-law business trust; or

  (xi)  Any other direct holder of an interest. See Rhode Island General Laws 7-13.1-1101

• Interest holder liability: means :

  (i)  Personal liability for a liability of an entity which is imposed on a person:

  (A)  Solely by reason of the status of the person as an interest holder; or

  (B)  By the organic rules of the entity which make one or more specified interest holders or categories of interest holders liable in their capacity as interest holders for all or specified liabilities of the entity; or

  (ii)  An obligation of an interest holder under the organic rules of an entity to contribute to the entity. See Rhode Island General Laws 7-13.1-1101

• 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.
• Jurisdiction of formation: means the jurisdiction whose law governs the internal affairs of an entity. See Rhode Island General Laws 7-13.1-102
• Kind: means one or more related species or sub-species which, singly or collectively, is known by one common name, for example, corn, oats, alfalfa, and timothy. See Rhode Island General Laws 2-6-2
• Label: means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying a commercial fertilizer. See Rhode Island General Laws 2-7-3
• Labeling: means all labels, and other written, printed, or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations on invoices. See Rhode Island General Laws 2-6-2
• Labeling: means all written, printed, or graphic matter, upon or accompanying any commercial fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of commercial fertilizers. See Rhode Island General Laws 2-7-3
• 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.
• Lot: means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See Rhode Island General Laws 2-6-2
• Merger: means a transaction authorized by subpart 2. See Rhode Island General Laws 7-13.1-1101
• Merging entity: means an entity that is a party to a merger and exists immediately before the merger becomes effective. See Rhode Island General Laws 7-13.1-1101
• 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.
• Official sample: means any sample of commercial fertilizer taken by the director or his or her agent and designated as "official" by the director. See Rhode Island General Laws 2-7-3
• Organic law: means the law of an entity's jurisdiction of formation governing the internal affairs of the entity. See Rhode Island General Laws 7-13.1-1101
• Organic rules: means the public organic record and private organic rules of an entity. See Rhode Island General Laws 7-13.1-1101
• Partner: means a limited partner or general partner. See Rhode Island General Laws 7-13.1-102
• 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.
• Partnership agreement: means the agreement, whether or not referred to as a partnership agreement and whether oral, implied, in a record, or in any combination thereof, of all the partners of a limited partnership concerning the matters described in § 7-13. See Rhode Island General Laws 7-13.1-102
• percentage: means the percentage by weight. See Rhode Island General Laws 2-7-3
• Person: means any individual, partnership, corporation, company, society, or association. See Rhode Island General Laws 2-6-2
• Person: includes individual, partnership, association, firm, and corporation. See Rhode Island General Laws 2-7-3
• Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, unincorporated nonprofit association, cooperative housing corporation, workers' cooperative, producers' cooperative, consumer's cooperative, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Rhode Island General Laws 7-13.1-102
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means a plan of merger, plan of interest exchange, plan of conversion, or plan of domestication. See Rhode Island General Laws 7-13.1-1101
• Plan of conversion: means a plan under § 7-13. See Rhode Island General Laws 7-13.1-1101
• Plan of domestication: means a plan under § 7-13. See Rhode Island General Laws 7-13.1-1101
• Plan of interest exchange: means a plan under § 7-13. See Rhode Island General Laws 7-13.1-1101
• Plan of merger: means a plan under § 7-13. See Rhode Island General Laws 7-13.1-1101
• Private organic rules: means the rules, whether or not in a record, that govern the internal affairs of an entity, are binding on all its interest holders, and are not part of its public organic record, if any. See Rhode Island General Laws 7-13.1-1101
• Prohibited noxious weed seeds: means the seeds of perennial weeds that not only reproduce by seed but also spread by underground roots, stems and other reproductive parts, and which, when well established, are highly destructive and difficult to control in this state by ordinary good cultural practice. See Rhode Island General Laws 2-6-2
• Property: means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein. See Rhode Island General Laws 7-13.1-102
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protected agreement: means :

  (i)  A record evidencing indebtedness and any related agreement in effect on January 1, 2023;

  (ii)  An agreement that is binding on an entity on January 1, 2023;

  (iii)  The organic rules of an entity in effect on January 1, 2023; or

  (iv)  An agreement that is binding on any of the governors or interest holders of an entity on January 1, 2023. See Rhode Island General Laws 7-13.1-1101

• Public organic record: means the record the filing of which by the secretary of state is required to form an entity and any amendment to or restatement of that record. See Rhode Island General Laws 7-13.1-1101
• Registered foreign entity: means a foreign entity that is registered to do business in this state pursuant to a record filed by the secretary of state. See Rhode Island General Laws 7-13.1-1101
• Registrant: means the person who registers commercial fertilizer under the provisions of this chapter. See Rhode Island General Laws 2-7-3
• 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.
• Restricted noxious weed seeds: means the seeds of weeds that are objectionable in fields, lawns, and gardens of this state, but can be controlled by good cultural practices. See Rhode Island General Laws 2-6-2
• Seller: means a person who sells or contracts to sell goods. See Rhode Island General Laws 6A-2-103
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Rhode Island General Laws 7-13.1-102
• Statement of conversion: means a statement under § 7-13. See Rhode Island General Laws 7-13.1-1101
• Statement of domestication: means a statement under § 7-13. See Rhode Island General Laws 7-13.1-1101
• Statement of interest exchange: means a statement under § 7-13. See Rhode Island General Laws 7-13.1-1101
• Statement of merger: means a statement under § 7-13. See Rhode Island General Laws 7-13.1-1101
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Surviving entity: means the entity that continues in existence after or is created by a merger. See Rhode Island General Laws 7-13.1-1101
• Ton: means a net weight of two thousand (2,000) pounds avoirdupois. See Rhode Island General Laws 2-7-3
• Transfer: includes :

  (i)  An assignment;

  (ii)  A conveyance;

  (iii)  A sale;

  (iv)  A lease;

  (v)  An encumbrance, including a mortgage or security interest;

  (vi)  A gift; and

  (vii)  A transfer by operation of law. See Rhode Island General Laws 7-13.1-102

• Treated: means given an application of a substance or subjected to a process designed to reduce, control, or repel disease organisms, insects, or other pests which attack seeds or seedlings growing therefrom. See Rhode Island General Laws 2-6-2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Rhode Island General Laws 2-6-2
• Type of entity: means a generic form of entity:

  (i)  Recognized at common law; or

  (ii)  Formed under an organic law, whether or not some entities formed under that organic law are subject to provisions of that law that create different categories of the form of entity. See Rhode Island General Laws 7-13.1-1101

• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Variety: means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind. See Rhode Island General Laws 2-6-2
• Vegetable seeds: means the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state. See Rhode Island General Laws 2-6-2
• Weed seeds: means the seeds of all plants generally recognized as weeds within this state and includes noxious weed seeds. See Rhode Island General Laws 2-6-2