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

Terms Used In Rhode Island General Laws > Chapter 6A-2 - Sales

  • 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
  • Administrator: means the state tax administrator. See Rhode Island General Laws 1-6-1
  • 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
  • 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.
  • Aeronautics: means transportation by aircraft, air instruction, the operation, repair, or maintenance of aircraft, and the design, operation, repair, or maintenance of airports, landing fields, or other air navigation facilities. See Rhode Island General Laws 1-4-2
  • aeronautics inspector: means an employee of the Rhode Island airport corporation, as defined in the Rhode Island airport corporation personnel job description manual, who is charged by the director to enforce the provisions of this chapter. See Rhode Island General Laws 1-4-2
  • 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.
  • 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
  • Air school: means any person engaged in giving, offering to give, or advertising, representing, or holding himself or herself out as giving, with or without compensation or other award, instruction in aeronautics — in flying, in ground subjects, or in both. See Rhode Island General Laws 1-4-2
  • Aircraft: means any contrivance now known or invented, used, or designed for navigation of, or flight in, the air, except a parachute or other contrivance designed for air navigation but used primarily as safety equipment. See Rhode Island General Laws 1-4-2
  • Airport: means any area of land, water, or both, which is used or is made available for the landing and take off of aircraft, and which provides facilities for the shelter, supply, and repair of aircraft and which, as to size, design, surface, marking, equipment, and management meets the minimum requirements established from time to time by the director. See Rhode Island General Laws 1-4-2
  • Airport corporation: means the Rhode Island airport corporation. See Rhode Island General Laws 1-2-1
  • 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.
  • 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.
  • Appraisal: A determination of property value.
  • approaches: means any airport land, airspace, and surfaces as set forth by the Federal Aviation Administration and Code of Federal Regulations in Title Title 14 of the Code of Federal Regulations, Part 77 — Safe, Efficient Use, and Preservation of the Navigable Airspace. See Rhode Island General Laws 1-2-3.1
  • 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
  • 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.
  • 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.
  • 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.
  • Bog: means a place where standing or slowly running water is near or at the surface during normal growing season and/or where a vegetational community has over fifty percent (50%) of the ground or water surface covered with sphagnum moss (Sphagnum) and/or where the vegetational community is made up of one or more of, but not limited to nor necessarily including all of, the following: blueberries, and cranberry (Vaccinium), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea), sundews (Droseraceae), orchids (Orchidaceae), white cedar (Chamaecyparis thyoides), red maple (Acer rubrum), black spruce (Picae mariana), bog aster (Aster nemoralis), larch (Laris laricina), bogrosemary (Andromeda glaucophylla), azaleas (Rhododendron), laurels (Kalmia), sedges (Caryx), and bog cotton (Eriophorum). See Rhode Island General Laws 2-1-20
  • 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
  • Buffer: means an area of undeveloped vegetated land adjacent to a freshwater wetland that is to be retained in its natural undisturbed condition, or is to be created to resemble a naturally occurring vegetated area. See Rhode Island General Laws 2-1-20
  • 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
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Rhode Island General Laws 6A-2.1-103
  • 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.
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose. See Rhode Island General Laws 6A-2.1-103
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative extension: means a partnership made up of residents, the Land Grant College (the University of Rhode Island), the state of Rhode Island, the U. See Rhode Island General Laws 2-3-1
  • 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.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of environmental management (DEM). See Rhode Island General Laws 2-1-20
  • Department: means the department of environmental management of the state of Rhode Island. See Rhode Island General Laws 2-5-1
  • Dependent: A person dependent for support upon another.
  • Deputy director: means the deputy director of the Rhode Island airport corporation. See Rhode Island General Laws 1-4-2
  • Devise: To gift property by will.
  • 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
  • Director: means the director of the department of environmental management or his or her duly authorized agent or agents. See Rhode Island General Laws 2-1-20
  • Director: means the executive director of the Rhode Island airport corporation. See Rhode Island General Laws 1-2-1
  • Director: means the executive director of the Rhode Island airport corporation. See Rhode Island General Laws 1-4-2
  • Director: means the director of environmental management of the state of Rhode Island. See Rhode Island General Laws 2-5-1
  • 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:
  • Distributional interest: means the right under an unincorporated entity's organic law and organic rules to receive distributions from the entity. See Rhode Island General Laws 7-13.1-1101
  • 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
  • District: means the Warwick airport parking district, being the district that runs from a point on Main Avenue in the city of Warwick at the southerly boundary of Rhode Island T. See Rhode Island General Laws 1-6-1
  • District association: means a county or district organization established to undertake the purposes of cooperative extension and to cooperate with the Land Grant College (the University of Rhode Island), the U. See Rhode Island General Laws 2-3-1
  • 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
  • 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
  • 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.
  • Extension agents: means a person or persons qualified by training and experience to instruct in the science and art of agriculture, home economics, natural and community resources, and 4-H youth development who devote their time to demonstrations and other forms of educational instruction. See Rhode Island General Laws 2-3-1
  • 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.
  • 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
  • Finance lease: means a lease with respect to which:

    (i)  The lessor does not select, manufacture, or supply the goods;

    (ii)  The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

    (iii)  One of the following occurs:

    (A)  The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

    (B)  The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

    (C)  The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

    (D)  If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this chapter to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Rhode Island General Laws 6A-2.1-103

  • 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.
  • Floodplain: means that land area adjacent to a river or stream or other body of flowing water which is, on the average, likely to be covered with flood waters resulting from a one-hundred (100) year frequency storm. See Rhode Island General Laws 2-1-20
  • Flying club: means any person (other than an individual) who, neither for profit nor reward, owns, leases, or uses one or more aircraft for the purpose of instruction, pleasure, or both. See Rhode Island General Laws 1-4-2
  • 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
  • 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.
  • Freshwater wetlands: includes , but is not limited to, those areas that are inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions. See Rhode Island General Laws 2-1-20
  • General partner: means a person that:

    (i)  Has become a general partner under § 7-13. See Rhode Island General Laws 7-13.1-102

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (§?6A-2. See Rhode Island General Laws 6A-2.1-103
  • Governance interest: means a right under the organic law or organic rules of an unincorporated entity, other than as a governor, agent, assignee, or proxy, to:

    (i)  Receive or demand access to information concerning, or the books and records of, the entity;

    (ii)  Vote for or consent to the election of the governors of the entity; or

    (iii)  Receive notice of or vote on or consent to an issue involving the internal affairs of the entity. See Rhode Island General Laws 7-13.1-1101

  • 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
  • Grantor: The person who establishes a trust and places property into it.
  • 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.
  • Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Rhode Island General Laws 6A-2.1-103
  • 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

  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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
  • Jurisdictional area: means the following lands and waters, as defined herein except as provided for in § 2-1-22(k), that shall be subject to regulation under this chapter:

    (i)  Freshwater wetlands;

    (ii)  Buffers;

    (iii)  Floodplains;

    (iv)  Areas subject to storm flowage;

    (v)  Areas subject to flooding; and

    (vi)  Contiguous areas that extend outward:

    (A)  Two hundred feet (200?) from the edge of a river or stream;

    (B)  Two hundred feet (200?) from the edge of a drinking water supply reservoir; and

    (C)  One hundred feet (100?) from the edge of all other freshwater wetlands. See Rhode Island General Laws 2-1-20

  • 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
  • landing field: means any area of land designed and set aside for the approach, landing, and taking off of aircraft and utilized or to be utilized in the interest of the public for those purposes. See Rhode Island General Laws 1-2-3.1
  • Landing field: means any area of land, water, or both, which is used or is made available for the landing and take off of aircraft, which may or may not provide facilities for the shelter, supply, and repair of aircraft, and which, as to size, design, surface, marking, equipment, and management meets the minimum requirements established from time to time by the director. See Rhode Island General Laws 1-4-2
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Rhode Island General Laws 6A-2.1-103
  • 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
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter. See Rhode Island General Laws 6A-2.1-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this chapter and any other applicable rules of law. See Rhode Island General Laws 6A-2.1-103
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Rhode Island General Laws 6A-2.1-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Rhode Island General Laws 6A-2.1-103
  • 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.
  • Limited partner: means a person that:

    (i)  Has become a limited partner under § 7-13. See Rhode Island General Laws 7-13.1-102

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Lot: means a parcel or a single chapter that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. See Rhode Island General Laws 6A-2.1-103
  • Marsh: means a place wholly or partly within the state where a vegetational community exists in standing or running water during the growing season and/or is made up of one or more of, but not limited to nor necessarily including all of, the following plants or groups of plants: hydrophytic reeds (Phragmites), grasses (Cramineae), mannagrasses (Glyceria), cutgrasses (Leersia), pickerelwoods (Pontederiaceae), sedges (Cyperaceae), rushes (Juncaceae), cattails (Typha), water plantains (Alismataceae), bur-reeds (Sparganiazceae), pondweeds (Zosteraceae), frog's bits (Hydrocharitaceae), arums (Araceae), duckweeds (Lemmaceae), water lilies (Nymphaeceae), water-milfoils (Haloragaceae), water-starworts (Callitrichaeceae), bladder-worts (Utricularia), pipeworts (Eriocaulon), sweet gale (Myrica gale), and buttonbush (Cephalanthus occidentalis). See Rhode Island General Laws 2-1-20
  • 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
  • Minority leader: See Floor Leaders
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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
  • Operator: means any person providing transient parking within the district. See Rhode Island General Laws 1-6-1
  • 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
  • Permit fee: means the fee payable annually by an operator to the tax administrator in an amount equal to ten dollars ($10. See Rhode Island General Laws 1-6-1
  • 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 any individual, or any corporation or other association of individuals. See Rhode Island General Laws 1-4-2
  • 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
  • Personal property: All property that is not real property.
  • 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
  • Pond: means a place natural or man-made, wholly or partly within the state, where open-standing or slowly moving water is present for at least six (6) months a year. See Rhode Island General Laws 2-1-20
  • 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.
  • present sale: means a sale which is accomplished by the making of the contract. See Rhode Island General Laws 6A-2-106
  • Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Rhode Island General Laws 6A-2.1-103
  • 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
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Rhode Island General Laws 6A-2.1-103
  • 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.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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
  • 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.
  • 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
  • River: means a body of water designated as a perennial stream by the United States Department of Interior geologic survey on 7. See Rhode Island General Laws 2-1-20
  • Runway: means that portion of an airport or landing field designed or set aside for use by aircraft in landing, taking off, or taxiing or moving of aircraft on the ground. See Rhode Island General Laws 1-2-3.1
  • seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
  • Secretary of agriculture: means the secretary of agriculture of the United States. See Rhode Island General Laws 2-5-1
  • 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.
  • Soil conservation and domestic allotment act: means the federal soil conservation and domestic allotment act, 16 U. See Rhode Island General Laws 2-5-1
  • 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: 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.
  • Stream: means any flowing body of water or watercourse that flows long enough each year to develop and maintain a channel and that may carry groundwater discharge or surface runoff. See Rhode Island General Laws 2-1-20
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Rhode Island General Laws 6A-2.1-103
  • 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
  • Swamp: means a place, wholly or partly within the state, where ground water is near or at the surface of the ground for a significant part of the growing season or runoff water from surface drainage collects frequently and/or where a vegetational community is made up of a significant portion of one or more of, but not limited to nor necessarily including all of, the following: red maple (Acer rubum), elm (Ulmus americana), black spruce (Picea mariana), white cedar (Chamaecyparis thyoides), ashes (Fraximus), poison sumac (Rhus vernix), larch (Larix laricina), spice bush (Lindera benzoin), alders (Alnus), skunk cabbage (Symplocarpus foetidus), hellebore (Veratrum viride), hemlock (Thuja canadensis), sphagnums (Sphagnum), azaleas (Rhododendron), black alder (Ilex verticillata), coast pepperbush (Clethra alnifolia), marsh marigold (Caltha palustris), blueberries (Vaccinium), buttonbush (Cephalanthus occidentalis), willow (Salicaceae), water willow (Decodon verticillatus), tupelo (Nyssa sylbatica), laurels (Kalmia), swamp white oak (Quercus biscolor), or species indicative of marsh. See Rhode Island General Laws 2-1-20
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Ton: means a net weight of two thousand (2,000) pounds avoirdupois. See Rhode Island General Laws 2-7-3
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • 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

  • Transient parking: means any parking for motor vehicles at a lot, garage, or other parking facility within the district for which a fee is collected by the operator, but excludes:

    (i)  Parking for which the fee is charged and paid on a monthly or less frequent basis;

    (ii)  Parking for any employee of the operator of the facility;

    (iii)  Parking provided by any hotel or motel for registered guests;

    (iv)  Parking provided by validation or having a validated rate, where the person providing the validation does not maintain a place of business at Rhode Island T. See Rhode Island General Laws 1-6-1

  • Transient parking receipts: means the gross receipts collected by an operator (excluding the surcharge imposed by this chapter) in consideration of the provision of transient parking. See Rhode Island General Laws 1-6-1
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • 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

  • 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
  • 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
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.