Terms Used In South Carolina Code > Title 33 > Chapter 41 > Article 9 - Property Rights of Partner

• Abuse: means physical abuse or psychological abuse. See South Carolina Code 43-35-10
• Abuse: means the definition defined by § 43-30-20. See South Carolina Code 43-33-340
• AFDC: means cash payments or stipends paid to individuals who meet established eligibility criteria. See South Carolina Code 43-5-1110
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Area: means apiary, beeyard, colony, organized or otherwise, or any other place where bees are found to colonize. See South Carolina Code 46-37-05
• 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}
• Caregiver: means a person who provides care to a vulnerable adult, with or without compensation, on a temporary or permanent or full or part-time basis and includes, but is not limited to, a relative, household member, day care personnel, adult foster home sponsor, and personnel of a public or private institution or facility. See South Carolina Code 43-35-10
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the State Crop Pest Commission of South Carolina or any other person to whom authority may be delegated to act in its stead. See South Carolina Code 46-23-20
• Commission: means the South Carolina State Crop Pest Commission, as designated by the board of trustees of Clemson University or an officer, employee, or designee of the commission to whom authority has been given by the commission. See South Carolina Code 46-37-05
• 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.
• Complaint: means an oral or written allegation by a person with a developmental or other disability, the parent or legal guardian of such person, a state agency or any other responsible person to the effect that the person with a developmental or other disability is being subjected to injury or deprivation with regard to his health, safety, welfare, rights or level of care. See South Carolina Code 43-33-340
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Court: includes every court and judge having jurisdiction in the case;
  
  (2) "Business" includes every trade, occupation, or profession;
  
  (3) "Bankrupt" includes a bankrupt under the Federal Bankruptcy Act or an insolvent under any state insolvent act;
  
  (4) "Conveyance" includes every assignment, lease, mortgage, or encumbrance;
  
  (5) "Real property" includes land and any interest or estate in land; and
  
  (6) "Registered limited liability partnership" includes a partnership formed pursuant to an agreement governed by the laws of this State, registered under § 33-41-1110 and complying with §§ 33-41-1120 and 33-41-1130. See South Carolina Code 33-41-20
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date of loss: means the date the debtor filed its petition for bankruptcy. See South Carolina Code 46-40-20
• Debtor: means the Southern Soya Corporation now in bankruptcy. See South Carolina Code 46-40-20
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the South Carolina Department of Agriculture. See South Carolina Code 46-40-20
• Department: means the South Carolina State Department of Social Services. See South Carolina Code 43-5-1110
• Dependent: A person dependent for support upon another.
• Developmental disability: means a severe, chronic disability of a person which:
  
  (a) is attributable to a mental or physical impairment or combination of mental and physical impairments;
  
  (b) is manifested before the person attains age twenty-two;
  
  (c) is likely to continue indefinitely;
  
  (d) results in substantial functional limitations in three or more of the following areas of major life activity: (i) self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic sufficiency;
  
  (e) reflects the person's need for a combination and sequence of special, interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. See South Carolina Code 43-33-340
• Director: means the Director of the Division of Regulatory and Public Service Programs, Clemson University. See South Carolina Code 46-23-20
• Director: means the Director of Regulatory and Public Service Programs, Clemson University. See South Carolina Code 46-37-05
• Disease: means contagious and infectious disease, including, but not limited to, American Foulbrood, European Foulbrood, Isle of Wight disease, or any pests and parasites, including, but not limited to, Varroa Mite, Tracheal mite, Africanized bee, etc. See South Carolina Code 46-37-05
• Division: means the Division of Regulatory and Public Service Programs, Clemson University, and any of its employees, agents, and officials. See South Carolina Code 46-37-05
• domestic farm labor: means citizens of the United States who receive a substantial portion of their income as laborers on farms in the United States. See South Carolina Code 46-39-10
• Dower: A widow
• Embezzlement: 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: OCC}
• 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.
• 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.
• Exploitation: means :
  
  (a) causing or requiring a vulnerable adult to engage in activity or labor which is improper, unlawful, or against the reasonable and rational wishes of the vulnerable adult. See South Carolina Code 43-35-10
• Facility: means a nursing care facility, community residential care facility, a psychiatric hospital, or any residential program operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs. See South Carolina Code 43-35-10
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Grain: means any feed grains or oil seeds, except cottonseeds, sold by South Carolina grain dealers. See South Carolina Code 46-40-20
• Grain dealer: means any resident licensed by this State engaged in selling grain received from the producer or the producer's agent. See South Carolina Code 46-40-20
• 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.
• handicapped: as used in this article mean a substantial physical or mental impairment, whether congenital or acquired by accident, injury, or disease, where the impairment is verified by medical findings and appears reasonably certain to continue throughout the lifetime of the individual without substantial improvement. See South Carolina Code 43-33-560
• housing: means living quarters and related facilities for use by domestic farm labor and their families. See South Carolina Code 46-39-10
• Investigative entity: means the Long Term Care Ombudsman Program, the Adult Protective Services Program in the Department of Social Services, the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division, or the Medicaid Fraud Control Unit of the Office of the Attorney General. See South Carolina Code 43-35-10
• 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}
• 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.
• Loss: means any monetary loss of a debtor over and beyond the amount protected by the debtor's bond and over and beyond the amount, if any, previously received for the monetary loss from the South Carolina Grain Producers Guaranty Fund or the Warehouse Receipts Guaranty Fund as a result of doing business with the debtor. See South Carolina Code 46-40-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Neglect: means the failure or omission of a caregiver to provide the care, goods, or services necessary to maintain the health or safety of a vulnerable adult including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services and the failure or omission has caused, or presents a substantial risk of causing, physical or mental injury to the vulnerable adult. See South Carolina Code 43-35-10
• 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.
• Occupational licensing board: means a health professional licensing board which is a state agency that licenses and regulates health care providers and includes, but is not limited to, the Board of Long Term Health Care Administrators, State Board of Nursing for South Carolina, State Board of Medical Examiners, State Board of Social Work Examiners, and the State Board of Dentistry. See South Carolina Code 43-35-10
• Ombudsman: means the office provided for pursuant to § 43-38-10, et seq. See South Carolina Code 43-33-340
• 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.
• Personal property: All property that is not real property.
• Physical abuse: means intentionally inflicting or allowing to be inflicted physical injury on a vulnerable adult by an act or failure to act. See South Carolina Code 43-35-10
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protective services: means those services whose objective is to protect a vulnerable adult from harm caused by the vulnerable adult or another. See South Carolina Code 43-35-10
• Psychological abuse: means deliberately subjecting a vulnerable adult to threats or harassment or other forms of intimidating behavior causing fear, humiliation, degradation, agitation, confusion, or other forms of serious emotional distress. See South Carolina Code 43-35-10
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• related facilities: means community rooms or buildings such as those used as dining halls or infirmaries or for educational or assembly purposes, or other essential services facilities such as central heating, bathing facilities, or domestic water supply. See South Carolina Code 46-39-10
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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.
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• System: means Protection and Advocacy for People with Disabilities, Inc. See South Carolina Code 43-33-340
• Threatened abuse: means the definition defined by § 43-30-20. See South Carolina Code 43-33-340
• Vulnerable adult: means a person eighteen years of age or older who has a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection. See South Carolina Code 43-35-10
• Welfare: means cash assistance payments through the Family Independence program formerly known as the Aid to Families with Dependent Children program which must be provided as a stipend to assist families to become employed. See South Carolina Code 43-5-1110